II Calendar No. 218 111th CONGRESS 1st Session S. 2727 [Report No. 111–100] IN THE SENATE OF THE UNITED STATES November 4, 2009 Mr. Lugar (for himself, Mr. Kyl, Mr. Corker, Mr. Kerry, and Mr. Kaufman) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations November 20, 2009 Reported by Mr. Kerry, without amendment A BILL To provide for continued application of arrangements under the Protocol on Inspections and Continuous Monitoring Activities Relating to the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Reduction and Limitation of Strategic Offensive Arms in the period following the Protocol's termination on December 5, 2009.

1.

Short title

This Act may be cited as the START I Treaty Inspections and Monitoring Protocol Continuation Act of 2009.

2.

Authority to accord privileges and immunities

For the purpose of facilitating continued application of the arrangements provided for in the Protocol on Inspections and Continuous Monitoring Activities Relating to the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Reduction and Limitation of Strategic Offensive Arms, signed at Moscow July 31, 1991 (the Protocol), in the period following the Protocol’s termination on December 5, 2009, the President is authorized to accord to eligible officials of the Russian Federation the privileges and immunities provided for in Article II, paragraph 7 of the Protocol, subject to the provisions of this Act.

3.

Conditions of privileges and immunities

(a)

Eligibility

An official of the Russian Federation shall be eligible to be accorded privileges and immunities pursuant to section 2 only if the official has been invited by the United States Government after December 5, 2009, to perform within the territory of the United States an inspection or continuous monitoring activity consistent with the procedures established in the Protocol. (b)

Limitation on scope

Consistent with Article II, paragraph 7 of the Protocol, any privileges and immunities accorded to an official of the Russian Federation pursuant to section 2 shall be in order to allow such official to exercise the official’s functions effectively for the purpose of performing an inspection or continuous monitoring activity consistent with the procedures established in the Protocol and not for the personal benefit of such official. (c)

Duration

Consistent with Article II, paragraph 7 of the Protocol, any privileges and immunities accorded pursuant to section 2 may be accorded for the entire time the official of the Russian Federation is within the territory of the United States, and thereafter with respect to acts previously performed in the exercise of the official functions of such official. (d)

Obligations

Consistent with Article II, paragraph 7 of the Protocol, an official of the Russian Federation accorded privileges and immunities under section 2 shall, for the duration of such official's stay in the United States and without prejudice to such privileges and immunities, be obligated— (1)to respect the laws and regulations of the United States; (2)not to interfere in the internal affairs of the United States; and (3)not to engage in any professional or commercial activity for personal profit.

4.

Termination of authority

The authority provided under section 2 shall terminate on June 5, 2010, or on the date of the entry into force of an agreement between the United States and the Russian Federation that supersedes the Protocol, whichever occurs earlier.

November 20, 2009 Reported without amendment