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SEC. 1606. WAIVER.

The President may waive the requirement to impose a sanction described in section 1603, in the case of Iran, or a sanction described in section 1604(b) or 1605(b), in the case of Iraq and Iran, 15 days after the President determines and so reports 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 that it is essential to the national interest of the United States to exercise such waiver authority. Any such report shall provide a specific and detailed rationale for such determination. SEC. 1607. REPORTING REQUIREMENT.

(a) ANNUAL REPORT.-Beginning one year after the date of the enactment of this Act, and every 12 months thereafter, the Presi. dent shall submit to the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Seryices and Foreign Affairs of the House of Representatives a report detailing

(1) all transfers or retransfers made by any person or foreign government during the preceding 12-month period which are subject to any sanction under this title; and

(2) the actions the President intends to undertake or has undertaken pursuant to this title with respect to each such trans


(b) REPORT ON INDIVIDUAL TRANSFERS.—Whenever the President determines that a person or foreign government has made a transfer which is subject to any sanction under this title, the President shall, within 30 days after such transfer, submit 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 a report,

(1) identifying the person or government and providing the details of the transfer; and

(2) describing the actions the President intends to undertake or has undertaken under the provisions of this title with re

spect to each such transfer. (c) FORM OF TRANSMITTAL.-Reports required by this section may be submitted in classified as well as in unclassified form. SEC. 1608. DEFINITIONS. For purposes of this title: (1) The term "advanced conventional weapons" includes

(A) such long-range precision-guided munitions, fuel air explosives, cruise missiles, low observability aircraft, other radar evading aircraft, advanced military aircraft, military satellites, electromagnetic weapons, and laser weapons as the President determines destabilize the military balance or enhance offensive capabilities in destabilizing ways;

(B) such advanced command, control, and communications systems, electronic warfare systems, or intelligence collection systems as the President determines destabilize the military balance or enhance offensive capabilities in destabilizing ways; and

(C) such other items or systems as the President may, by regulation, determine necessary for purposes of this

title. (2) The term "cruise missile” means guided missiles that use aerodynamic lift to offset gravity and propulsion to counteract drag. (3) The term "goods or technology" means

(A) any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment; and

(B) any information and know-how (whether in tangible form, such as models, prototypes, drawings, sketches, diagrams, blueprints, or manuals, or in intangible form, such as training or technical services) that can be used to design, produce, manufacture, utilize, or reconstruct goods,

including computer software and technical data. (4) The term “person” means any United States or foreign individual, partnership, corporation, or other form of association, or any of their successor entities, parents, or subsidiaries.

(5) The term "sanctioned country” means a country against which sanctions are required to be imposed pursuant to section 1605.

(6) The term "sanctioned person” means a person that makes a transfer described in section 1604(a). (7) The term “United States assistance” means

(A) any assistance under the Foreign Assistance Act of 1961, other than

(i) urgent humanitarian assistance or medicine, and

(ii) assistance under chapter 11 of part I (as enacted by the Freedom for Russia and Emerging Eurasian

Democracies and Open Markets Support Act of 1992); (B) sales and assistance under the Arms Export Control Act;

(Ć) financing by the Commodity Credit Corporation for export sales of agricultural commodities; and

(D) financing under the Export-Import Bank Act.




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Subtitle D_International Fissile Material and Warhead

Control SEC. 3151. NEGOTIATIONS.

(a) IN GENERAL.—The Congress urges the President to enter into negotiations with member states of the Commonwealth of Independent States, to complement ongoing and future arms reduction

(c) WARHEAD DISMANTLEMENT. Of the funds appropriated to the Department of Energy for fiscal year 1992 for weapons activities, $10,000,000 shall be available to conduct a program to develop and demonstrate a means for verifiable dismantlement of nuclear warheads. SEC. 3142. REPORT ON NUCLEAR WEAPONS MATTERS.

(a) REPORT.-Not later than April 1, 1992, the President shall submit to the congressional defense committees a report containing the following:

(1) Information on the national security requirements of each of the following items, for the period beginning on September 30, 1991, and ending on September 30, 2001:

(A) The planned stockpile of nuclear weapons.

(B) The amount of tritium necessary to maintain the planned stockpile, including

(i) the amount of tritium available from inventory;

(ii) the amount of tritium that must be produced and when; and

(iii) an assessment of the need for and duration of operation of the K-reactor, located at the Savannah

River Site in South Carolina. (C) The feasibility and desirability of use of W-76 warheads in place of W–88 warheads in the Trident II missiles carried by Trident Fleet Ballistic Missile submarines.

(D) The need for and duration of operation of the Rocky Flats Plant facilities (other than Building 559) located at Golden, Colorado, for the purposes of

(i) production of W-88 warheads; and

(ii) plutonium operations other than warhead production. (E) The earliest practicable date for the commencement of operation of facilities that replace the K-reactor and the Rocky Flats Plant, including an assessment of the effect of a delay (beyond the second quarter of fiscal year 1992) in the selection of the site and the technology for the new

production reactor. (2) A plan for assistance to the workforce at Rocky Flats and the K-reactor, including retraining for new employment opportunities at the sites, that could be provided in the event that

either facility ceases production. (b) FORM OF REPORT.—The report required by subsection (a) shall be submitted in classified and unclassified form.

(1) to institute a moratorium on production of plutonium and highly enriched uranium for nuclear weapons; and

(2) to pledge to continue such moratorium for so long as the

United States does not produce such materials.

Section 142 of the Atomic Energy Act of 1954 (42 U.S.C. 2162) is amended by adding at the end the following new subsection:

"f. Notwithstanding any other law, the President may publicly re lease Restricted Data regarding the nuclear weapons stockpile of the United States if the United States and member states of the Commonwealth of Independent States reach reciprocal agreement on the release of such data.”. SEC. 3163. DEVELOPMENT AND DEMONSTRATION PROGRAM

(a) PROGRAM. Of funds authorized to be appropriated in section 3104 for fiscal year 1993 for verification and control activitator, $10,000,000 shall be available only to carry out a program

(1) to develop and demonstrate a means for verifiabis dat mantlement of nuclear warheads;

(2) to safeguard and dispose of nuclear materials, and

(3) to develop reliable techniques and procedurex fur Wooni, ing a global ban on the production of fissile material tut way

ons purposes. (b) REPORT.-The Secretary shall include a report on buey Jones gram in budget justification documents submitted to promo support of the budget of the Department of Energy for free 1994. The report shall be submitted in both classified alt, Woo fied form. SEC. 3184. PRODUCTION OF TRITIUM.

Nothing in this part may be construed as intendir, b. 2 production of tritium.

d. National Defense Authorization Act for Fiscal Years 1992

and 1993

Partial text of Public Law 102–190 (H.R. 2100), 105 Stat. 1290, approved

December 5, 1991

AN ACT To authorize appropriations for fiscal years 1992 and 1993 for military ac

tivities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal years 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,





MAN MI ICBMS. (a) PROHIBITION REGARDING OPERATIONALLY DEPLOYED MisSILES.–Funds appropriated for fiscal year 1992 or any fiscal year preceding fiscal year 1992 pursuant to an authorization contained in this or any other Act may not be obligated or expended for the redeployment or transfer of operationally deployed Minuteman III intercontinental ballistic missiles from one Air Force ICBM base to another Air Force ICBM base.

(b) LIMITATION REGARDING STORED MISSILES.—No Minuteman III missile in storage may be transferred to a Minuteman II silo until the Secretary of Defense submits to Congress a plan for the restructuring of the United States strategic forces consistent with the strategic arms reduction talks (START) treaty signed by the United States and the Soviet Union. Such plan shall include

(1) a discussion of the force structure options that were considered in developing the plan;

(2) for each option, the locations for the Minuteman III ICBMs and Small ICBMs and the number of each such type of missile for each location;

(3) the cost of each such option; and

(4) the reasons for selecting the force structure provided for in the plan.

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