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(2) Of the amount appropriated pursuant to section 201(3) for Research, Development, Test, and Evaluation, Air Force, $6,500,000 shall be available for the Joint Seismic Program.

(3) Of the amount appropriated pursuant to section 201(4) for Research, Development, Test, and Evaluation, Defense Agencies,

(A) $11,600,000 shall be available for LIDAR,

(B) $5,000,000 shall be available for Seismic programs of the Defense Advanced Research Projects Agency, and

(C) $15,000,000 shall be available for Nuclear Proliferation Detection Technology programs of the Defense Ad

vanced Research Projects Agency (b) FUNDS FOR DEPARTMENT OF ENERGY ACTIVITIES.–Of the amount appropriated pursuant to section 3104(a)(2) for Verification and Control Technologies, $86,000,000 shall be available for nuclear nonproliferation detection technologies and activities. Of such amount, not more than $30,000,000 may be obligated until the report required by section 1503 is submitted. SEC. 1606.12 INTERNATIONAL NONPROLIFERATION INITIATIVE.

(a) ASSISTANCE FOR INTERNATIONAL NONPROLIFERATION ACTIVITIES.Subject to the limitations and requirements provided in this section, during fiscal years 1994 and 1995 13 the Secretary of Defense, under the guidance of the President, may provide assistance to support international nonproliferation activities.

(b) ACTIVITIES FOR WHICH ASSISTANCE MAY BE PROVIDED.-Activities for which assistance may be provided under this section are activities such as the following:

(1) Activities carried out by international organizations 14 that are designed to ensure more effective safeguards against 15 proliferation and more effective 16 verification of compliance with the international agreements on nonproliferation. 17

(2) Activities of the On-Site Inspection Agency in support of the United Nations Special Commission on Iraq. 18

(3) Collaborative international nuclear security and nuclear safety projects to combat the threat of nuclear theft, terrorism, or accidents, including joint emergency response exercises, technical assistance, and training.

(a) Asubject to fiscal year of the Tlection, durinthe guidan nonprolisis

12 22 U.S.C. 5859a.

13 Sec. 1602(a) of Public Law 103–160 (107 Stat. 1843) struck out "fiscal year 1993” and inserted in lieu thereof "fiscal year 1994". Sec. 1501(aX1) of Public Law 103–337 (108 Stat. 2914) further extended this initiative to include FY 1995.

14 Sec. 1501(bX1XA) of Public Law 103-337 (108 Stat. 2914) struck out “the International Atomic Energy Agency (IAEA) and inserted in lieu thereof "Sinternational organizations".

16 Sec. 1501(bX1XB) of Public Law 103-337 (108 Stat. 2914) struck out “nuclear" before "pro liferation".

16 Sec. 1501(bX1XC) of Public Law 103-337 (108 Stat. 2914) struck out "aggressive" and inserted in lieu thereof "effective".

17 Sec. 1501(bX1XD) of Public Law 103–337 (108 Stat. 2914) struck out "Treaty on the NonProliferation of Nuclear Weapons, done on July 1, 1968.", and inserted in lieu thereof "international agreements on nonproliferation”.

18 Sec. 9110(e) of the Department of Defense Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 1929) provided the following transfer of funds: " * * * 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.". e account. budget activity, and particular program or programs from which the funds proposed to be obligated are to be derived and the amount of the proposed obligation; and

(4) Efforts to improve international cooperative monitoring of nuclear, biological, chemical, and missile proliferation through

technical projects and improved information sharing. 19 (c) FORM OF ASSISTANCE.(1) Assistance under this section may include funds and in-kind contributions of supplies, equipment, personnel, training, and other forms of assistance.

(2) Assistance under this section may be provided to international organizations in the form of funds only if the amount in the “Contributions to International Organizations” account of the Department of State is insufficient or otherwise unavailable to meet the United States fair share of assessments for international nuclear nonproliferation activities.

(3) No amount may be obligated for an expenditure under this section unless the Director of the Office of Management and Budg. et determines that the expenditure will be counted against the defense category of the discretionary spending limits for fiscal year 1993 (as defined in section 601(a)(2) of the Congressional Budget Act of 1974) for purposes of part C of the Balanced Budget and Emergency Deficit Control Act of 1985.

(4) No assistance may be furnished under this section unless the Secretary of Defense determines and certifies to the Congress 30 days in advance that the provision of such assistance

(A) is in the national security interest of the United States; and

(B) will not adversely affect the military preparedness of the United States. (5) The authority to provide assistance under this section in the form of funds may be exercised only to the extent and in the amounts provided in advance in appropriations Act.

(d) 20 SOURCES OF ASSISTANCE.-(1) Funds provided as assistance under this section for fiscal year 1994 21 shall be derived from amounts made available to the Department of Defense for fiscal year 1994. Funds provided as assistance under this section for fiscal year 1995 shall be derived from amounts made available to the Department of Defense for fiscal year 1995. Funds provided as assistance under this section for a fiscal year referred to in this paragraph may also be derived 22 from balances in working capital accounts of the Department of Defense.

19 Sec. 1501(bX2) of Public Law 103–337 (108 Stat. 2914) struck out “nuclear proliferation through joint technical projects and improved intelligence sharing" and inserted in lieu thereof "nuclear, biological, chemical, and missile proliferation through technical projects and improved information sharing".

20 Sec. 1602(c) of Public Law 103-160 (107 Stat. 1843) struck out para. (4) of subsec.. (d). which had read as follows:

"(4) Not less than 30 days before obligating any funds to provide assistance under this section, the Secretary of Defense shall transmit to the committees of Congress named in subsection (eX2) a report on the proposed obligation. Each such report shall specify

"B) the activities and forms of assistance for which the Secretary of Defense plans to obligate the funds.". 21 Sec. 1501(cX1XA) of Public Law 103-337 (108 Stat. 2914) inserted "for fiscal year 1994" after "under this section".

22 Sec. 1501(cX1XB) of Public Law 103-337 (108 Stat. 2914) struck out "fiscal year 1994 or and inserted in lieu thereof "fiscal year 1994. Funds provided as assistance under this section for fiscal year 1995 shall be derived from amounts made available to the Department of Defense for fiscal year 1995. Funds provided as assistance under this section for a fiscal year referred to in this paragraph may aloni Pan derived".

(2) Supplies and equipment provided as assistance under this section may be provided, by loan or donation, from existing stocks of the Department of Defense and the Department of Energy.

(3) 23 The total amount of the assistance provided in the form of funds under this section may not exceed $25,000,000 for fiscal year 1994 or $20,000,000 for fiscal year 1995, including funds used for activities of the On-Site Inspection Agency in support of the United Nations Special Commission on Iraq.

(e) QUARTERLY REPORT.-1) Not later than 30 days after the end of each quarter of fiscal years 1994 and 1995,24 the Secretary of Defense shall transmit to the committees of Congress named in paragraph (2) a report of the activities to reduce the proliferation threat carried out under this section. Each report shall set forth (for the preceding quarter and cumulatively)

(A) the amounts spent for such activities and the purposes for which they were spent;

(B) a description of the participation of the Department of Defense and the Department of Energy and the participation of other Government agencies in those activities; and

(C) a description of the activities for which the funds were spent. (2) The committees of Congress to which reports under paragraph (1) 25 are to be transmitted are

(A) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and

(B) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Committee on Energy and Commerce of the House of Representa

tives.

TITLE XVI–IRAN-IRAQ ARMS NON-PROLIFERATION ACT

OF 1992 SEC. 1601.26 SHORT TITLE.

This title may be cited as the “Iran Iraq Arms Non-Proliferation Act of 1992”. SEC. 1602. UNITED STATES POLICY.

(a) IN GENERAL.-It shall be the policy of the United States to oppose, and urgently to seek the agreement of other nations also to oppose, any transfer to Iran or Iraq of any goods or technology, including dual-use goods or technology, wherever that transfer could materially contribute to either country's acquiring chemical, biological, nuclear, or destabilizing numbers and types of advanced conventional weapons.

23 Sec. 1602(b) of Public Law 103-160 (107 Stat. 1843) struck out "$40,000,000" and inserted in lieu thereof “$25,000,000, including funds used for activities of the On-Site Inspection Agency in support of the United Nations Special Commission on Iraq"; and struck out the section sentence of this para., which read as follows: "Of such amount, not more than $20,000,000 may be used for the activities of the On-Site Inspection Agency in support of the United Nations Spe. cial Commission on Iraq.".

Sec. 1501(cX2) of Public Law 103–337 (108 Stat. 2914) subsequently inserted "for fiscal year 1994 and $20,000,000 for fiscal year 1995" aller "$25,000,000”.

24 Sec. 1602(a) of Public Law 103-160 (107 Stat. 1843) struck out "fiscal year 1993" and inserted in lieu thereof "fiscal year 1994".

25 Formerly read, as amended by Public Law 103-160, "under paragraph (1) and under subsection (dX4)". Sec. 1070(cX1) of Public Law 103-337 (108 stat. 2857) struck out "and under subsection (dX4)", effective October 23, 1992.

26 50 U.S.C. 1701 note.

(b) SANCTIONS.(1) In the furtherance of this policy, the President shall apply sanctions and controls with respect to Iran, Iraq, and those nations and persons who assist them in acquiring weapons of mass destruction in accordance with the Foreign Assistance Act of 1961, the Nuclear Non-Proliferation Act of 1978, the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991, chapter 7 of the Arms Export Control Act, 27 and other relevant statutes, regarding the non-proliferation of weapons of mass destruction and the means of their delivery.

(2) The President should also urgently seek the agreement of other nations to adopt and institute, at the earliest practicable date, sanctions and controls comparable to those the United States is obligated to apply under this subsection.

(c) PUBLIC IDENTIFICATION.—The Congress calls on the President to identify publicly (in the report required by section 1607) any country or person that transfers goods or technology to Iran or Iraq contrary to the policy set forth in subsection (a). SEC. 1603. APPLICATION TO TRAN OF CERTAIN IRAQ SANCTIONS.

The sanctions against Iraq specified in paragraphs (1) through (4) of section 586G(a) of the Iraq Sanctions Act of 1990 (as contained in Public Law 101-513),28 including denial of export licenses for United States persons and prohibitions on United States Government sales, shall be applied to the same extent and in the same manner with respect to Iran. SEC. 1604. SANCTIONS AGAINST CERTAIN PERSONS.

(a) PROHIBITION.-If any person transfers or retransfers goods or technology so as to contribute knowingly and materially to the efforts by Iran or Iraq (or any agency or instrumentality of either such country) to acquire destabilizing numbers and types of advanced conventional weapons, then the sanctions described in subsection (b) shall be imposed.

(b) MANDATORY SANCTIONS.—The sanctions to be imposed pursuant to subsection (a) are as follows:

(1) PROCUREMENT SANCTION.–For a period of two years, the United States Government shall not procure, or enter into any contract for the procurement of, any goods or services from the sanctioned person.

(2) EXPORT SANCTION.-For a period of two years, the United States Government shall not issue any license for any export

by or to the sanctioned person. SEC. 1605. SANCTIONS AGAINST CERTAIN FOREIGN COUNTRIES.

(a) PROHIBITION.-If the President determines that the government of any foreign country transfers or retransfers goods or technology so as to contribute knowingly and materially to the efforts by Iran or Iraq (or any agency or instrumentality of either such

27 Foreign Assistance Act of 1961 (Public Law 87-195), see Legislation on Foreign Relations Through 1994, vol. 1-A; Nuclear Non-Proliferation Act of 1978 (Public Law 95-242), see Legisla. tion on Foreign Relations through 1994, vol. IV, sec. L; Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (Public Law 101-182), see this volume beginning at page 1234; chapter 7 of the Arms Export Control Act, see Legislation on Foreign Relations Through 1994, vol. 1-A.

28 For text, see Legislation on Foreign Relations through 1994, vol. I-B.

country) to acquire destabilizing numbers and types of advanced conventional weapons, then

(1) the sanctions described in subsection (b) shall be imposed on such country; and

(2) in addition, the President may apply, in the discretion of the President, the sanction described in subsection (c). (b) MANDATORY SANCTIONS.-Except as provided in paragraph (2), the sanctions to be imposed pursuant to subsection (a)(1) are as follows:

(1) SUSPENSION OF UNITED STATES ASSISTANCE.—The United States Government shall suspend, for a period of one year, United States assistance to the sanctioned country.

(2) MULTILATERAL DEVELOPMENT BANK ASSISTANCE.—The Secretary of the Treasury shall instruct the United States Executive Director to each appropriate international financial institution to oppose, and vote against, for a period of one year, the extension by such institution of any loan or financial or technical assistance to the sanctioned country.

(3) SUSPENSION OF CODEVELOPMENT OR COPRODUCTION AGREEMENTS.—The United States shall suspend, for a period of one year, compliance with its obligations under any memorandum of understanding with the sanctioned country for the codevelopment or coproduction of any item on the United States Munitions List (established under section 38 of the Arms Export Control Act), including any obligation for implementation of the memorandum of understanding through the sale to the sanctioned country of technical data or assistance or the licensing for export to the sanctioned country of any component part.

(4) SUSPENSION OF MILITARY AND DUAL-USE TECHNICAL EXCHANGE AGREEMENTS.—The United States shall suspend, for a period of one year, compliance with its obligations under any technical exchange agreement involving military and dual-use technology between the United States and the sanctioned country that does not directly contribute to the security of the United States, and no military or dual-use technology may be exported from the United States to the sanctioned country pursuant to that agreement during that period.

(5) UNITED STATES MUNITIONS LIST.—No item on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act) may be exported to the sanc

tioned country for a period of one year. (c) DISCRETIONARY SANCTION.—The sanction referred to in subsection (a)(2) is as follows:

(1) USE OF AUTHORITIES OF INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT.-Except as provided in paragraph (2), the President may exercise, in accordance with the provisions of that Act, the authorities of the International Emergency Economic Powers Act with respect to the sanctioned country.

(2) EXCEPTION.—Paragraph (1) does not apply with respect to urgent humanitarian assistance.

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