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12. Arms Control Provisions in Department of Defense

Authorization Acts

a. National Defense Authorization set for Fiscal Year 1995

Partial text of Pabiie Lav 103–137 National Defense Authorization Act for Fiscai Year 1996; S. 21421, 108 Stat. 2663 at 282. approved October 5, 1994

AN ACT Ta wuthorze tooroorations for iscal year 1996 for m any sources of

the Department of Defense, or miitary constriction, and or teresse acres of the Department of Energy, o preserbe personnei trengtas ir such fiscal year for the Armed Forces, and for other purposes.

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

DIVISION A-DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE W-ARMS CONTROL MATTERS

SEC. 1503.- REPORTS ON COCNTERPROLIFERATION ACTIVITIES AND

PROGRAMS. (a) REPORT REQUIRED.-I) Not later than May 1, 1995, and May 1, 1996, the Secretary of Defense shall submit to Congress a report of the findings of the Counterproliferation Program Review Committee established by subsection (a) of the Review Committee char. ter.

(2) For purposes of this section, the term "Review Committee charter" means section 1605 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160), as amended by section 1502.

b) CONTENT OF REPORT.-Each report under subsection (a) shall include the following:

(1) A complete list, by specific program element, of the existing, planned, or newly proposed capabilities and technologies reviewed by the Review Committee pursuant to subsection (c) of the Review Committee charter.

(2) A complete description of the requirements and priorities established by the Review Committee.

(3) A comprehensive discussion of the near-term, mid-term, and long-term programmatic options formulated by the Review Committee for meeting requirements prescribed by the Review

Other provisions contained in Department of Defense authorization acts that relate to arms control inave, inciuding the Conventional Force Reductions in Europe, may be found in Legislation on Foreign Relations through 1994, vol. 1-B. See also Legislation on Foreign Relations, vol. V. sec. P, for Arms Control and Disarmament, Treaties and Agreements. 222 0.8.C. 2751 note.

Committee and for eliminating deficiencies identified by the Review Committee, including the annual funding requirements and completion dates established for each such option.

(4) An explanation of the recommendations made pursuant to subsection (c) of the Review Committee charter, together with a full discussion of the actions taken to implement such recommendations or otherwise taken on the recommendations.

(5) A discussion and assessment of the status of each Review Committee recommendation during the fiscal year preceding the fiscal year in which the report is submitted, including, particularly, the status of recommendations made during such preceding fiscal year that were reflected in the budget submitted to Congress pursuant to section 1105(a) of title 31, United States Code, in the fiscal year of the report.

(6) Each specific Department of Energy program that the Secretary of Energy plans to develop to initial operating capability and each such program that the Secretary does not plan to develop to initial operating capability.

(7) For each technology program scheduled to reach initial operational capability, a recommendation from the Chairman of the Joint Chiefs of Staff that represents the views of the commanders of the unified and specified commands regarding

the utility and requirement of the program. (c) FORMS OF REPORT.-Each such report shall be submitted in both unclassified and classified forms, including an annex to the classified report for special compartmented information programs, special access programs, and special activities programs. SEC. 1504. AMOUNTS FOR COUNTERPROLIFERATION ACTIVITIES.

(a) COUNTERPROLIFERATION ACTIVITIES.–Of the amount authorized to be appropriated in section 201(4), $16,500,000 shall be available for counterproliferation activities.

(b) LIMITATION.-(1) Of the funds made available pursuant to subsection (a), $4,000,000 may not be obligated until the Secretary of Defense submits to Congress a report on a proposed classified counterproliferation database system. The report shall provide

(A) an assessment of current major databases and software capabilities of entities in the intelligence community and of national weapons laboratories and laboratories of the Armed Forces against capabilities defined in the proposed project; and

(B) an assessment of the technical feasibility of the proposed system, program plan, strategy, milestones and future year

funding. (2) No funds may be obligated for the database system described in the report until the Secretary of Defense and the Director of Central Intelligence enter into a written agreement concerning the program to develop that database system that provides

(A) how funding for that program is to be divided between (i) the account of the National Foreign Intelligence Program, and (ii) Tactical Intelligence and Related Program accounts; and

(B) a plan for the sources of funds for, and the programmed amounts for, that program for fiscal years after fiscal year (10) Include in standard operating procedure the relocation in a crisis of a National Command Authority official outside Washington, D.C. to a secure location with access to the strategic command and control system, and announce the institution

of this procedure to relevant foreign governments. (b) REPORT.-The Secretary of State and the Director of the Arms Control and Disarmament Agency shall submit a report of the study and evaluation under subsection (a) to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives by January 1, 1986. Such report should be available in both a classified, if necessary, and unclassified format. SEC 707. POLICY TOWARD BANNING CHEMICAL WEAPONS. (a) FINDINGS. –The Congress finds that

(1) chemical weapons are among the most terrible weapons in today's military arsenals;

(2) it is the objective of the United States to eliminate the threat of chemical warfare through a comprehensive and verifiable ban on chemical weapons;

(3) the United States is vigorously pursuing a multilateral agreement to ban chemical weapons;

(4) the negotiation of a verifiable, bilateral agreement between the United States and the Soviet Union would be a sig. nificant step toward achieving a worldwide ban on chemical weapons;

(5) bilateral discussions relating to a ban on chemical weapons took place in July and August of 1984 between the United States and Soviet delegations to the Conference on Disarmament; and

(6) such endeavors could serve the security interests of humankind. (b) SENSE OF CONGRESS.—It is the sense of the Congress that the President

(1) should be commended for his efforts to negotiate a multilateral agreement banning chemical weapons;

(2) should continue to pursue vigorously such an agreement; and

(3) should seek the continuation and development of bilateral discussions between the United States and the Soviet Union to achieve a comprehensive and verifiable ban on chemical weap

ons. SEC. 708. POLICY REGARDING A JOINT STUDY BY THE UNITED STATES

AND THE SOVIET UNION OF THE CONSEQUENCES OF NU

CLEAR WINTER. It is the sense of the Congress that the President should propose to the Government of the Soviet Union during any arms control talks held with such Government that,

(1) the United States and the Soviet Union should jointly study the atmospheric, climatic, environmental, and biological consequences of nuclear explosions, sometimes known as “nuclear winter", and the impact that nuclear winter would have on the national security of both nations;

(2) such a joint study should include the sharing and exchange of information and findings on the nuclear winter phenomena and make recommendations on possible joint research projects that would benefit both nations; and

(3) at an appropriate time the other nuclear weapons states (the United Kingdom, France, and the People's Republic of China) should be involved in the study.

12. Arms Control Provisions in Department of Defense

Authorization Acts 1 a. National Defense Authorization Act for Fiscal Year 1995 Partial text of Public Law 103-337 (National Defense Authorization Act for Fiscal Year 1998; S. 2182), 108 Stat. 2663 at 2882, approved October 8, 1994

AN ACT To authorize appropriations for fiscal year 1995 for military activities of

the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes.

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

DIVISION A-DEPARTMENT OF DEFENSE AUTHORIZATIONS

TITLE XV-ARMS CONTROL MATTERS

SEC. 1503.9 REPORTS ON COUNTERPROLIFERATION ACTIVITIES AND

PROGRAMS. (a) REPORT REQUIRED.(1) Not later than May 1, 1995, and May 1, 1996, the Secretary of Defense shall submit to Congress a report of the findings of the Counterproliferation Program Review Committee established by subsection (a) of the Review Committee charter.

(2) For purposes of this section, the term “Review Committee charter" means section 1605 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160), as amended by section 1502.

(b) CONTENT OF REPORT.-Each report under subsection (a) shall include the following:

(1) A complete list, by specific program element, of the existing, planned, or newly proposed capabilities and technologies reviewed by the Review Committee pursuant to subsection (c) of the Review Committee charter.

(2) A complete description of the requirements and priorities established by the Review Committee.

(3) A comprehensive discussion of the near-term, mid-term, and long-term programmatic options formulated by the Review Committee for meeting requirements prescribed by the Review

1 Other provisions contained in Department of Defense authorization acts that relate to arms control issues, including the Conventional Force Reductions in Europe, may be found in Legislation on Foreign Relations through 1994, vol. 1-B. See also Legislation on Foreign Relations, vol. V, sec. F, for Arms Control and Disarmament, Treaties and Agreements. '222 U.S.C. 2751 note.

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