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13. Arms Control and Disarmament Agency Appropriations,

1995

Partial text of Public Law 103-317 [Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1995; H.R. 4603], 108 Stat. 1724 at 1768, approved August 26, 1994

AN ACT Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1995, and making supplemental appropriations for these departments and agencies for the fiscal year ending September 30, 1994, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1995, and for other purposes, namely:

*

TITLE V-DEPARTMENT OF STATE AND RELATED

AGENCIES

RELATED AGENCIES

ARMS CONTROL AND DISARMAMENT AGENCY

ARMS CONTROL AND DISARMAMENT ACTIVITIES

For necessary expenses not otherwise provided, for arms control and disarmament activities, $54,500,000, of which not less than $9,500,000 is available until expended only for activities related to the implementation of the Chemical Weapons Convention, and of which not to exceed $100,000 shall be for official reception and representation expenses as authorized by the Act of September 26, 1961, as amended (22 U.S.C. 2551 et seq.): Provided, That of the budgetary resources available in fiscal year 1995 in this account, $122,000 are permanently canceled: Provided further, That amounts available for procurement and procurement-related expenses in this account are reduced by such amount: Provided further, That as used herein, "procurement" includes all stages of the process of acquiring property or services, beginning with the process of determining a need for a product or services and ending with contract completion and closeout, as specified in 41 U.S.C. 403(2).

14. Renunciation of Certain Uses in War of Chemical

Herbicides and Riot Control Agents 1

Executive Order 11850, April 8, 1975, 40 F.R. 16187

The United States renounces, as a matter of national policy, first use of herbicides in war except use, under regulations applicable to their domestic use, for control of vegetation within U.S. bases and installations or around their immediate defensive perimeters, and first use of riot control agents in war except in defensive military modes to save lives such as:

(a) Use of riot control agents in riot control situations in areas under direct and distinct U.S. military control, to include controlling rioting prisoners of war.

(b) Use of riot control agents in situations in which civilians are used to mask or screen attacks and civilian casualties can be reduced or avoided.

(c) Use of riot control agents in rescue missions in remotely isolated areas, of downed aircrews and passengers, and escaping prisoners.

(d) Use of riot control agents in rear echelon areas outside the zone of immediate combat to protect convoys from civil disturbances, terrorists and paramilitary organizations.

I have determined that the provisions and procedures prescribed by this Order are necessary to ensure proper implementation and observance of such national policy.

Now, Therefore, by virtue of the authority vested in me as President of the United States of America by the Constitution and laws of the United States and as Commander-in-Chief of the Armed Forces of the United States, it is hereby ordered as follows:

Section 1. The Secretary of Defense shall take all necessary measures to ensure that the use by the Armed Forces of the United States of any riot control agents and chemical herbicides in war is prohibited unless such use has Presidential approval, in advance.

Sec. 2. The Secretary of Defense shall prescribe the rules and regulations he deems necessary to ensure that the national policy herein announced shall be observed by the Armed Forces of the United States.

NOTE. Former Executive Order 11902 regarding Procedures for an Export Licensing Policy as to Nuclear Materials and Equipment was repealed by Executive Order 12058. For text of Executive Order 12058, see Legislation on Foreign Relations Through 1994, vol. IV, sec. L.

1See also texts of the Geneva Protocol of 1925 and the Biological Weapons Convention, Legislation on Foreign Relations, vol. V, sec. F.

15. President's Advisory Board on Arms Proliferation

Policy 1

Executive Order 12946, January 20, 1995, 60 F.R. 4829

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1601 of the National Defense Authorization Act, Fiscal Year 1994 (Public Law 103-160), and the Federal Advisory Committee Act, as amended (5 U.S.C. App. 2) (“Act”), except that subsections (e) and (f) of section 10 of such Act do not apply, and section 301 of title 3, United States Code, it is hereby ordered as follows:

Section 1. Establishment. There is established with the Department of Defense the "President's Advisory Board on Arms Proliferation Policy" ("Board"). The Board shall consist of five members who shall be appointed by the President from among persons in private life who are noted for their stature and expertise regarding the proliferation of strategic and advanced conventional weapons and are from diverse backgrounds. The President shall designate one of the members as Chairperson of the Board.

Sec. 2. Functions. The Board shall advise the President on implementation of United States conventional arms transfer policy, other issues related to arms proliferation policy, and on other matters deemed appropriate by the President. The Board shall report to the President through the Assistant to the President for National Security Affairs.

Sec. 3. Administration. (a) The heads of executive agencies shall, to the extent permitted by law, provide to the Board such information as it may require for the purpose of carrying out its functions. (b) Members of the Board shall serve without compensation, but shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law, including 5 U.S.C. 5701-5707 and section 7(d) of the Act, for persons serving intermittently in government service.

(c) The Department of Defense or the head of any other Federal department or agency may detail to the Board, upon request of the Chairperson of the Board, any of the personnel of the department or agency to assist the Board in carrying out its duties.

(d) The Secretary of Defense shall designate a federally funded research and development center with expertise in the matters covered by the Board to provide the Board with such support services as the Board may need to carry out its duties.

(e) The Department of Defense shall provide the Board with administrative services, facilities, staff, and other support services necessary for the performance of its functions.

1 See also Public Laws and Executive Orders implementing sanctions relating to weapons proliferation and nonproliferation issues, in Legislation on Foreign Relations Through 1994, vol. III.

Sec. 4. General. (a) The Board shall terminate 30 days after the date on which the President submits the final report of the Board to the Congress.

(b) For reasons of national security or for such other reasons as specified in section 552(b) of title 5, United States Code, the Board shall not provide public notice or access to meetings at which national security information will be discussed. Authority to make such determinations shall reside with the Secretary of Defense or his designee who must be an official required to be appointed by and with the advice and consent of the Senate.

(c) Information made available to the Board shall be given all necessary security protection in accordance with applicable laws and regulations.

(d) Each member of the Board and each member of the Board's staff shall execute an agreement not to reveal any classified information obtained by virtue of his or her service with the Board except as authorized by applicable law and regulations.

G. WAR POWERS, COLLECTIVE SECURITY,

AND RELATED MATERIAL

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b. National Emergencies Act, as amended (Public Law 94-412)
c. United States Policy Toward Haiti (Public Law 103-423)

1353

1358

d. Authorization for Use of Military Force Against Iraq (Public Law

102-1)

1361

e. Authorization for Use of Military Force in Somalia (Public Law
103-139) (partial text)

1363

f. U.S. Armed Forces in Somalia (Public Law 103–160) (partial text) 1365 g. United States Military Forces in Lebanon

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1367

(1) Multinational Force in Lebanon Resolution (Public Law 98-
119)

1367

(2) Agreement Between the United States and Lebanon Regard-
ing U.S. Participation in the Multinational Force, Dated Sep-
tember 30, 1982

1371

2. Cuban Resolution (Public Law 87-733)

3. Middle East Resolutions and Related Material

1374

1375

a. Resolution To Promote Peace and Stability in the Middle East (Pub-
lic Law 85-7)

1375

b. Multinational Force and Observers Participation Resolution (Public
Law 97-132)

1377

c. Multinational Force and Observers Reports (Executive Order 12361)
d. Implementing the United States Proposal for the Early-Warning
System in Sinai (Public Law 94-110)

1382

1383

4. Tonkin Gulf Resolution (Public Law 88-408) (repealed)
5. National Commitment (S. Res. 85, 91st Congress)
6. North Atlantic Alliance

a. NATO Participation Act of 1994 (Public Law 103-447) (partial text). 1388
b. Reaffirming the United States Commitment to the North Atlantic
Alliance (Public Law 96-9)

1385

1387

1388

1391

c. Reaffirming the Unity of the North Atlantic Alliance Commitment
(Public Law 95-287)

1392

7. Taiwan Relations

1393

a. Taiwan Relations Act (Public Law 96-8)

1393

b. Maintaining Unofficial Relations with the People of Taiwan (Execu-
tive Order 12143)

1403

8. Panama Canal

1406

a. Panama Canal Act of 1979 (Public Law 96-70)

1406

b. Panama Canal Commission Authorization-Fiscal Year 1995 (Public
Law 103-337) (partial text)

1463

c. Panama Canal-Report to Congress (Public Law 100-203) (partial
text)

1465

d. Delegation of Panama Canal Functions (Executive Order 12215)

1466

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