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(3) to expand military-to-military contacts between the United States and the independent states of the former Soviet
Union. SEC. 1412.% AUTHORITY FOR PROGRAMS TO FACILITATE DEMILI
TARIZATION. (a) IN GENERAL.-Notwithstanding any other provision of law, the President is authorized, in accordance with this title, to establish and conduct programs described in subsection (b) to assist the demilitarization of the independent states of the former Soviet Union.
(b) TYPES OF PROGRAMS.—The programs referred to in subsection (a) are limited to,
(1) transporting, storing, safeguarding, and destroying nuclear, chemical, and other weapons of the independent states of the former Soviet Union, as described in section 212(b) of the Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law 102–228);
(2) establishing verifiable safeguards against the proliferation of such weapons and their components;
(3) preventing diversion of weapons-related scientific expertise of the former Soviet Union to terrorist groups or third countries;
(4) facilitating the demilitarization of the defense industries of the former Soviet Union and the conversion of military technologies and capabilities into civilian activities;
(5) establishing science and technology centers in the independent states of the former Soviet Union for the purpose of engaging weapons scientists, engineers, and other experts previously involved with nuclear, chemical, and other weapons in productive, non military undertakings; and
(6) expanding military-to-military contacts between the United States and the independent states of the former Soviet Union. (c) UNITED STATES PARTICIPATION.—The programs described in subsection (b) should, to the extent feasible, draw upon United States technology and expertise, especially from the United States private sector.
(d) RESTRICTIONS.—United States assistance authorized by subsection (a) may not be provided unless the President certifies to the Congress, on an annual basis, that the proposed recipient country is committed to
822 U.S.C. 5902.
'In a memorandum of December 30, 1992, for the Secretaries of State and Defense, and the Director, OMB, the President delegated authority established in sec. 502 of the FREEDOM Sup port Act and in sec. 1412(d) of Public Law 102-484 to the Secretary of State. The President further delegated authority in secs. 1412(a), 1431, and 1432 of this Act, and in secs. 503 and 508 of the FREEDOM Support Act to the Secretary of Defense. That n
etary of Defense. That memorandum further pro vided that: "The Secretary of Defense shall not exercise authority delegated • * * with respect to any former Soviet republic unless the Secretary of State has exercised his authority and per. formed the duty delegated * * . with respect to that former Soviet Republic. The Secretary of Defense shall not obligated funds in the exercise of authority delegated * * . unless the Direo tor of the Office of Management and Budget has determined that expenditures during fiscal year 1993 pursuant to such obligation shall be counted against the defense category of discretionary spending limits for that fiscal year (as defined in section 601(aX2) of the Congressional Budget Act of 1974) for purposes of Part C of the Balanced Budget and Emergency Deficit Control Act of 1985." (58 F.R. 3193; January 8, 1993).
(1) making a substantial investment of its resources for dismantling or destroying such weapons of mass destruction, if such recipient has an obligation under a treaty or other agreement to destroy or dismantle any such weapons;
(2) forgoing any military modernization program that exceeds legitimate defense requirements and forgoing the replacement of destroyed weapons of mass destruction;
(3) forgoing any use in new nuclear weapons of fissionable or other components of destroyed nuclear weapons;
(4) facilitating United States verification of any weapons destruction carried out under this title or section 212 of the Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law 102–228);
(5) complying with all relevant arms control agreements; and
(6) observing internationally recognized human rights, including the protection of minorities.
Subtitle C-Administrative and Funding Authorities SEC. 1421.10, 11 ADMINISTRATION OF DEMILITARIZATION PROGRAMS.
(a) FUNDING. (1) In recognition of the direct contributions to the national security interests of the United States of the activities specified in section 1412, funds transferred under sections 108 and
10 22 U.S.C. 5911.
11 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):
"(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
"17) 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 essect 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.".
109 of Public Law 102–229 (105 Stat. 1708) are authorized to be made available to carry out this title. Of the amount available to carry out this title
(A) not more than $40,000,000 may be made available for programs referred to in section 1412(b)(4) relating to demiliDropinn festenina tarization of defense industries;
(B) not more than $15,000,000 may be made available for programs referred to in section 1412(b)(6) relating to militaryto-military contacts;
(C) not more than $25,000,000 may be made available for joint research development programs pursuant to section 1441;
(D) not more than $10,000,000 may be made available for the study, assessment, and identification of nuclear waste disposal activities by the former Soviet Union in the Arctic region;
(E) not more than $25,000,000 may be made available for Project PEACE; and
(8) not more than $10,000,000 may be made available for the Volunteers Investing in Peace and Security (VIPS) program under chapter 89 of title 10, United States Code, as added by
section 1322. (2) Section 221(a) of the Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law 102–228; 105 Stat. 1695) is amended
(A) by striking out "fiscal year 1992” and inserting “fiscal years 1992 and 1993”; and
(B) by striking out “$400,000,000” and inserting in lieu thereof ($800,000,000". (3) Section 221(e) of such Act is amended
(A) by inserting "for fiscal year 1992 or fiscal year 1993” after “under part B”;
(B) by inserting “for that fiscal year" after “for that program"; and
(C) by striking out “for fiscal year 1992” and inserting in lieu thereof “for that fiscal year” (b) TECHNICAL REVISIONS TO PUBLIC LAW 102–229.—Public Law 102–229 is amended
(1) in section 108 (105 Stat. 1708), by striking out “contained in H.R. 3807, as passed the Senate on November 25, 1991” and inserting in lieu thereof "(title II of Public Law 102–228)"; and (2) in section 109 (105 Stat. 1708)
(A) by striking out “H.R. 3807, as passed the Senate on November 25, 1991” and inserting in lieu thereof "Public Law 102–228 (105 Stat. 1696)”; and
(B) by striking “of H.R. 3807".
TITLE XV-NONPROLIFERATION SEC. 1501. SHORT TITLE.
This title may be cited as the “Weapons of Mass Destruction Control Act of 1992". SEC. 1502. SENSE OF CONGRESS.
It is the sense of the Congress that,
(1) the proliferation (A) of nuclear, biological, and chemical weapons (hereinafter in this title referred to as “weapons of mass destruction") and related technology and knowledge and (B) of missile delivery systems remains one of the most serious threats to international peace and the national security of the United States in the post-cold war era;
(2) the proliferation of nuclear weapons, given the extraordinary lethality of those weapons, is of particularly serious concern;
(3) the nonproliferation policy of the United States should continue to seek to limit both the supply of and demand for weapons of mass destruction and to reduce the existing threat from proliferation of such weapons;
(4) substantial funding of nonproliferation activities by the United States is essential to controlling the proliferation of all weapons of mass destruction, especially nuclear weapons and missile delivery systems;
(5) the President's nonproliferation policy statement of June 1992, and his September 10, 1992, initiative to increase funding for nonproliferation activities in the Department of Energy are praiseworthy;
(6) the Congress is committed to cooperating with the President in carrying out an effective policy designed to control the proliferation of weapons of mass destruction;
(7) the President should identify a full range of appropriate, high priority nonproliferation activities that can be undertaken by the United States and should include requests for full funding for those activities in the budget submission for fiscal year 1994;
(8) the Department of Defense and the Department of Energy have unique expertise that can further enhance the effectiveness of international nonproliferation activities;
(9) under the guidance of the President, the Secretary of Defense and the Secretary of Energy should continue to actively assist in United States nonproliferation activities and in formulating and executing United States nonproliferation policy, emphasizing activities such as improved capabilities (A) to detect and monitor proliferation, (B) to respond to terrorism, theft, and accidents involving weapons of mass destruction, and (C) to assist with interdiction and destruction of weapons of mass destruction and related weapons material; and
(10) in a manner consistent with United States nonproliferation policy, the Department of Defense and the Department of Energy should continue to maintain and to improve their capabilities to identify, monitor, and respond to proliferation of
weapons of mass destruction and missile delivery systems. SEC. 1503. REPORT ON DEPARTMENT OF DEFENSE AND DEPARTMENT
OF ENERGY NONPROLIFERATION ACTIVITIES. (a) REPORT REQUIRED.—The Secretary of Defense and the Secretary of Energy shall jointly submit to the committees of Congress named in subsection (d)(1) a report describing the role of the Department of Defense and the Department of Energy with respect to the nonproliferation policy of the United States.
(b) MATTERS TO BE COVERED IN REPORT.-The report shall
(1) address how the Secretary of Defense integrates and coordinates existing intelligence and military capabilities of the Department of Defense and how the Secretary of Energy integrates and coordinates the intelligence and emergency response capabilities of the Department of Energy in support of the nonproliferation policy of the United States;
(2) identify existing and planned capabilities within the De partment of Defense, including particular capabilities of the military services, and the Department of Energy to (A) detect and monitor clandestine weapons of mass destruction programs, (B) respond to terrorism or accidents involving such weapons and to theft of related weapons materials, and (C) assist with interdiction and destruction of weapons of mass destruction and related weapons materials;
(3) describe, for the Department of Defense, the degree to which the Secretary of Defense has incorporated a nonproliferation mission into the overall mission of the unified combatant commands and how the Special Operations Command might support the commanders of the unified and speci. fied commands in that mission;
(4) consider the appropriate roles of the Defense Advance Research Projects Agency (DARPA), the Defense Nuclear Agency (DNA), the On-Site-Inspection Agency (OSIA), and other Department of Defense agencies, as well as the national laboratories of the Department of Energy, in providing technical assistance and support for the efforts of the Department of Defense and the Department of Energy with respect to nonproliferation; and
(5) identify existing and planned mechanisms for improving the integration of Department of Defense and Department of Energy nonproliferation activities with those of other Federal
departments and agencies. (c) COORDINATION WITH OTHER AGENCIES.—The report required by subsection (a) shall, for purposes of subsection (b)(5), be coordinated with the heads of other appropriate departments and agencies.
(d) SUBMISSION OF REPORT.—(1) The report required by subsection (a) shall be submitted
(A) to the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(B) to the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Energy and Commerce
of the House of Representatives. (2) The report shall be submitted not later than 180 days after the date of enactment of this Act and shall be submitted in unclassified form and, as necessary, in classified form. SEC. 1504. NONPROLIFERATION TECHNOLOGY INITIATIVE. (a) FUNDS FOR DEPARTMENT OF DEFENSE ACTIVITIES.
(1) Of the amount appropriated pursuant to section 103(3) for Other Procurement, Air Force, $5,000,000 shall be available for the AFTAC Chem/Biological Collection/Processing program.
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