    [JPRT, 110th Congress]
    [From the U.S. Government Publishing Office]

                           COMMITTEE ON  FOREIGN AFFAIRS
                          COMMITTEE ON FOREIGN RELATIONS

    =======================================================================
                        Legislation on
                        Foreign Relations
                        Through 2005

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                 SEPTEMBER 2008

                                  VOLUME II-B
                            OF VOLUMES II-A AND II-B

                            CURRENT LEGISLATION AND
                            RELATED EXECUTIVE ORDERS

                         U.S. House of Representatives

                                  U.S. Senate

     Printed for the use of the Committees on Foreign Affairs and Foreign
     Relations of the House of Representatives and the Senate respectively

                                   ------

                            U.S. GOVERNMENT PRINTING OFFICE

    33-321 PDF                     WASHINGTON : 2008

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                          COMMITTEE ON FOREIGN AFFAIRS

                     HOWARD L. BERMAN, California, Chairman

    GARY L. ACKERMAN, New York           ILEANA ROS-LEHTINEN, Florida
    ENI F.H. FALEOMAVAEGA, American      CHRISTOPHER H. SMITH, New Jersey
    Samoa                                DAN BURTON, Indiana
    DONALD M. PAYNE, New Jersey          ELTON GALLEGLY, California
    BRAD SHERMAN, California             DANA ROHRABACHER, California
    ROBERT WEXLER, Florida               DONALD A. MANZULLO, Illinois
    ELIOT L. ENGEL, New York             EDWARD R. ROYCE, California
    BILL DELAHUNT, Massachusetts         STEVE CHABOT, Ohio
    GREGORY W. MEEKS, New York           THOMAS G. TANCREDO, Colorado
    DIANE E. WATSON, California          RON PAUL, Texas
    ADAM SMITH, Washington               JEFF FLAKE, Arizona
    RUSS CARNAHAN, Missouri              MIKE PENCE, Indiana
    JOHN S. TANNER, Tennessee            JOE WILSON, South Carolina
    GENE GREEN, Texas                    JOHN BOOZMAN, Arkansas
    LYNN C. WOOLSEY, California          J. GRESHAM BARRETT, South Carolina
    SHEILA JACKSON LEE, Texas            CONNIE MACK, Florida
    RUBEN HINOJOSA, Texas                JEFF FORTENBERRY, Nebraska
    JOSEPH CROWLEY, New York             MICHAEL T. McCAUL, Texas
    DAVID WU, Oregon                     TED POE, Texas
    BRAD MILLER, North Carolina          BOB INGLIS, South Carolina
    LINDA T. SANCHEZ, California         LUIS G. FORTUNO, Puerto Rico
    DAVID SCOTT, Georgia                 GUS BILIRAKIS, Florida
    JIM COSTA, California                VACANT
    ALBIO SIRES, New Jersey
    GABRIELLE GIFFORDS, Arizona
    RON KLEIN, Florida
    BARBARA LEE, California

                         Robert R. King, Staff Director

                    Yleem Poblete, Republican Staff Director

                                     ______

                         COMMITTEE ON FOREIGN RELATIONS

                    JOSEPH R. BIDEN, Jr., Delaware, Chairman

    CHRISTOPHER J. DODD, Connecticut     RICHARD G. LUGAR, Indiana
    JOHN F. KERRY, Massachusetts         CHUCK HAGEL, Nebraska
    RUSSELL D. FEINGOLD, Wisconsin       NORM COLEMAN, Minnesota
    BARBARA BOXER, California            BOB CORKER, Tennessee
    BILL NELSON, Florida                 GEORGE V. VOINOVICH, Ohio
    BARACK OBAMA, Illinois               LISA MURKOWSKI, Alaska
    ROBERT MENENDEZ, New Jersey          JIM DeMINT, South Carolina
    BENJAMIN L. CARDIN, Maryland         JOHNNY ISAKSON, Georgia
    ROBERT P. CASEY, Jr., Pennsylvania   DAVID VITTER, Louisiana
    JIM WEBB, Virginia                   JOHN BARRASSO, Wyoming

                       Antony J. Blinken, Staff Director

                Kenneth A. Myers, Jr., Republican Staff Director

                                      (ii)

                                    FOREWORD

                                  ----------

        This volume of legislation and related material is part of
    a five volume set of laws and related material frequently
    referred to by the Committees on Foreign Affairs of the House
    of Representatives and Foreign Relations of the Senate, amended
    to date and annotated to show pertinent history or cross
    references.
        Volumes I (A and B), II (A and B), III and IV contain
    legislation and related material and are republished with
    amendments and additions on a regular basis. Volume V, which
    contains treaties and related material, will be revised as
    necessary.
        We wish to express our appreciation to Dianne E. Rennack
    and Matthew C. Weed of the Foreign Affairs, Defense, and Trade
    Division of the Congressional Research Service of the Library
    of Congress and Suzanne Kayne of the U.S. Government Printing
    Office who prepared volume II-B of this year's compilation.
                                               Howard L. Berman,
                                Chairman, Committee on Foreign Affairs.
                                               Joseph R. Biden, Jr.,
                              Chairman, Committee on Foreign Relations.

                                                    September 18, 2008.

                                     (iii)

                                EXPLANATORY NOTE

                                  ----------

        The body of statutory law set out in this volume was in
    force, as amended, at the end of 2005.
        This volume sets out ``session law'' as originally enacted
    by Congress and published by the Archivist of the United States
    as ``slip law'' and later in the series United States Statutes
    at Large (as subsequently amended, if applicable). Amendments
    are incorporated into the text and distinguished by a footnote.
    Session law is organized in this series by subject matter in a
    manner designed to meet the needs of the Congress.
        Although laws enacted by Congress in the area of foreign
    relations are also codified by the Law Revision Counsel of the
    House of Representatives, typically in title 22 United States
    Code, those codifications are not positive law and are not, in
    most instances, the basis of further amendment by the Congress.
    Cross references to the United States Code are included as
    footnotes for the convenience of the reader.
        All Executive orders and State Department delegations of
    authority are codified and in force as of January 11, 2006.
        Corrections may be sent to Dianne E. Rennack at Library of
    Congress, Congressional Research Service, Washington D.C.,
    20540-7460, or by e-mail at drennack@crs.loc.gov.

                                      (v)

                                 ABBREVIATIONS

                                  ----------

    Bevans......................................  Treaties and Other
                                                   International Agreements
                                                   of the United States of
                                                   America, 1776-1949,
                                                   compiled under the
                                                   direction of Charles I.
                                                   Bevans.
    CFR.........................................  Code of Federal
                                                   Regulations.
    EAS.........................................  Executive Agreement
                                                   Series.
    F.R.........................................  Federal Register.
    LNTS........................................  League of Nations Treaty
                                                   Series.
    I Malloy, II Malloy.........................  Treaties, Conventions,
                                                   International Acts,
                                                   Protocols, and Agreements
                                                   Between the United States
                                                   of America and Other
                                                   Powers, 1776-1909,
                                                   compiled under the
                                                   direction of the United
                                                   States Senate by William
                                                   M. Malloy.
    Stat........................................  United States Statutes at
                                                   Large.
    TIAS........................................  Treaties and Other
                                                   International Acts
                                                   Series.
    TS..........................................  Treaty Series.
    UNTS........................................  United Nations Treaty
                                                   Series.
    U.S.C.......................................  United States Code.
    UST.........................................  United States Treaties and
                                                   Other International
                                                   Agreements.
                                      (vi)

                                C O N T E N T S

                                  ----------
                                                                       Page

    FOREWORD.........................................................   iii

    EXPLANATORY NOTE.................................................     v

    ABBREVIATIONS....................................................    vi

    F. ARMS CONTROL AND DISARMAMENT..................................     1
     1. Arms Control and Disarmament Act, as amended (Public Law 87-
        297).........................................................     5
     2. Arms Control and Disarmament Authorization--Prior Years......    27
     3. Cooperative Threat Reduction.................................    46
     4. Nonproliferation of Weapons of Mass Destruction..............   161
     5. Arms Control and Nonproliferation Provisions in National
        Defense Authorization Acts...................................   457

    G. WAR POWERS, COLLECTIVE SECURITY, AND RELATED MATERIAL.........   635
     1. War Powers...................................................   637
     2. American Servicemembers' Protection Act of 2002 (Public Law
        107-206).....................................................   671
     3. Cuban Resolution (Public Law 87-733).........................   684
     4. Middle East Resolutions and Related Material.................   685
     5. Tonkin Gulf Resolution (Public Law 88-408) (repealed)........   695
     6. National Commitment (Senate Resolution 85, 91st Congress)....   697
     7. North Atlantic Alliance......................................   698
     8. Taiwan Relations.............................................   719
     9. Panama Canal.................................................   737

    H. UNITED NATIONS AND OTHER INTERNATIONAL ORGANIZATIONS..........   807
     1. United Nations Participation Act of 1945, as amended (Public
        Law 79-264)..................................................   809
     2. Department of State Authorization Act, Fiscal Year 2003
        (Public Law 107-228 (partial text)...........................   826
     3. United Nations Reform Act of 1999 (Public Law 106-113)
        (partial text)...............................................   830
     4. United Nations Headquarters Agreement Act (Public Law 80-357)
        (partial text)...............................................   842
     5. U.S. Participation in Certain International Organizations
        (Public Law 81-806) (partial text)...........................   846
     6. Appropriations Limitation on Contributions to International
        Organizations (Public Law 92-544) (partial text).............   847
     7. U.N. Provisions in Foreign Relations Authorization Acts......   849
     8. United Nations Peacekeeping Forces in the Middle East (Public
        Law 94-37)...................................................   850
     9. Response to United Nations Resolution on Zionism.............   851
    10. United Nations Environment Program Participation Act of 1973
        (Public Law 93-188)..........................................   852
    11. Support of Peaceful Settlement of Disputes (Executive Order
        10206).......................................................   853
    12. Privileges and Immunities....................................   854
    13. Relating to International Agreements on Children.............   896

    APPENDICES.......................................................   927

    INDEX............................................................   971
    =======================================================================

                        F. ARMS CONTROL AND DISARMAMENT

                                    CONTENTS

                                                                       Page

        1. Arms Control and Disarmament Act, as amended (Public Law 87-2975
        2. Arms Control and Disarmament Authorization--Prior Years.......27
          a. Arms Control and Nonproliferation Authorization for
              Fiscal Year 2003 (Public Law 107-228) (partial text)...    27
          b. Arms Control and Nonproliferation Act of 1999 (Public
              Law 106-113) (partial text)............................    29
          c. Arms Control and Disarmament Agency--Fiscal Year 1999
              Authorization (Public Law 105-277) (partial text)......    35
          d. Arms Control and Nonproliferation Act of 1994 (Public
              Law 103-236)...........................................    36
          e. Arms Control and Disarmament Act Authorization for
              Fiscal Years 1990 and 1991 (Public Law 101-216)
              (partial text).........................................    38
          f. Arms Control and Disarmament Act Authorization for
              Fiscal Years 1988 and 1989 (Public Law 100-213)
              (partial text).........................................    40
          g. Arms Control and Disarmament Act Authorization for
              Fiscal Years 1986 and 1987 (Public Law 99-93) (partial
              text)..................................................    42
        3. Cooperative Threat Reduction..................................46
          a. Cooperative Threat Reduction, Fiscal Year 2006 (Public
              Law 109-163) (partial text)............................    46
          b. Cooperative Threat Reduction Appropriations, 2006
              (Public Law 109-148) (partial text)....................    49
          c. Cooperative Threat Reduction, Fiscal Year 2005 (Public
              Law 108-375) (partial text)............................    50
          d. Cooperative Threat Reduction, Fiscal Year 2004 (Public
              Law 108-136) (partial text)............................    53
          e. Cooperative Threat Reduction, Fiscal Year 2003 (Public
              Law 107-314) (partial text)............................    62
          f. Cooperative Threat Reduction, Fiscal Year 2002 (Public
              Law 107-107) (partial text)............................    71
          g. Cooperative Threat Reduction, Fiscal Year 2001 (Public
              Law 106-398) (partial text)............................    76
          h. Cooperative Threat Reduction, Fiscal Year 2000 (Public
              Law 106-65) (partial text).............................    86
          i. Cooperative Threat Reduction, Fiscal Year 1999 (Public
              Law 105-261) (partial text)............................    92
          j. Cooperative Threat Reduction, Fiscal Year 1998 (Public
              Law 105-85) (partial text).............................   100
          k. Cooperative Threat Reduction, Fiscal Year 1997 (Public
              Law 104-201) (partial text)............................   106
          l. Cooperative Threat Reduction, Fiscal Year 1996 (Public
              Law 104-106) (partial text)............................   110
          m. Cooperative Threat Reduction, Fiscal Year 1995 (Public
              Law 103-337) (partial text)............................   116
          n. Cooperative Threat Reduction Act of 1993 (Public Law
              103-160) (partial text)................................   123
          o. Freedom For Russia and Emerging Eurasian Democracies and
              Open Markets Support Act of 1992 (FREEDOM Support Act)
              (Public Law 102-511) (partial text)....................   131
          p. Former Soviet Union Demilitarization Act of 1992 (Public
              Law 102-484) (partial text)............................   143
          q. Conventional Forces in Europe Treaty Implementation Act
              of 1991 (Public Law 102-228) (partial text)............   148
          r. Soviet Nuclear Threat Reduction--Appropriations, Fiscal
              Year 1992 (Public Law 102-229) (partial text)..........   156
        4. Nonproliferation of Weapons of Mass Destruction..............161
          a. Iran Nonproliferation Amendments Act of 2005 (Public Law
              109-112)...............................................   161
          b. Nuclear Security Initiative Act of 2003 (Public Law 108-
              136) (partial text)....................................   164
          c. Nonproliferation and Export Control Assistance, 2003
              (Public Law 107-228) (partial text)....................   168
          d. Russian Federation Debt Reduction for Nonproliferation
              Act of 2002 (Public Law 107-228) (partial text)........   175
          e. Nonproliferation Assistance Coordination Act of 2002
              (Public Law 107-228) (partial text)....................   182
          f. Iran Nuclear Proliferation Prevention Act of 2002
              (Public Law 107-228) (partial text)....................   186
          g. Miscellaneous Nonproliferation Provisions in Foreign
              Relations Authorization Act, Fiscal Year 2003 (Public
              Law 107-228) (partial text)............................   188
          h. Iran and Syria Nonproliferation Act (Public Law 106-178)   192
          i. National Security and Corporate Fairness Under the
              Biological Weapons Convention Act (Public Law 106-113)
              (partial text).........................................   202
          j. Proliferation Prevention Enhancement Act of 1999 (Public
              Law 106-113) (partial text)............................   209
          k. National Missile Defense Act of 1999 (Public Law 106-38)   213
          l. Chemical Weapons Convention Implementation Act of 1998
              (Public Law 105-277) (partial text)....................   214
          m. Defense Against Weapons of Mass Destruction Act of 1998
              (Public Law 105-261) (partial text)....................   248
          n. Combatting Proliferation of Weapons of Mass Destruction
              Act of 1996 (Public Law 104-293) (partial text)........   252
          o. Defense Against Weapons of Mass Destruction Act of 1996
              (Public Law 104-201) (partial text)....................   260
          p. Nuclear Proliferation Prevention Act of 1994 (Public Law
              103-236) (partial text)................................   276
          q. Weapons of Mass Destruction Control Act of 1992 (Public
              Law 102-484) (partial text)............................   289
          r. Iran-Iraq Arms Nonproliferation Act of 1992 (Public Law
              102-484) (partial text)................................   296
          s. Chemical and Biological Weapons Control and Warfare
              Elimination Act of 1991 (Public Law 102-182) (partial
              text)..................................................   301
          t. Executive Orders Concerning Nonproliferation of Weapons
              of Mass Destruction....................................   311
                (1) Renunciation of Certain Uses in War of Chemical
                    Herbicides and Riot Control Agents (Executive
                    Order 11850).....................................   311
                (2) Administration of Proliferation Sanctions, Middle
                    East Arms Control, and Related Congressional
                    Reporting Responsibilities (Executive Order
                    12851)...........................................   313
                (3) Proliferation of Weapons of Mass Destruction
                    (Executive Order 12938)..........................   317
                (4) Implementation of the Chemical Weapons Convention
                    and the Chemical Weapons Convention
                    Implementation Act (Executive Order 13128).......   323
                (5) Blocking Property of the Government of the
                    Russian Federation Relating to the Disposition of
                    Highly Enriched Uranium Extracted From Nuclear
                    Weapons (Executive Order 13159)..................   325
                (6) Blocking Property of Weapons of Mass Destruction
                    Proliferators and Their Supporters (Executive
                    Order 13382).....................................   328
          u. Nuclear Non-Proliferation Act of 1978 and Related
              Materials..............................................   331
                (1) Nuclear Non-Proliferation Act of 1978 (Public Law
                    95-242) (partial text)...........................   331
                (2) Functions Relating to Nuclear Non-Proliferation
                    (Executive Order 12058)..........................   349
                (3) Export of Nuclear Material.......................   351
                     (A) U.S. Exports of Low-Enriched Uranium Fuel
                        (Public Law 96-280)..........................   351
                     (B) Export of Special Nuclear Material and
                        Components to India (Executive Order 12218)..   352
                     (C) Export of Special Nuclear Material to India
                        (Executive Order 12055)......................   353
                (4) Department of Energy Act of 1978--Civilian
                    Applications (Public Law 95-238) (partial text)..   354
          v. Atomic Energy Act of 1954 and Related Materials.........   356
                (1) Atomic Energy Act of 1954, as amended (Public Law
                    83-703) (partial text)...........................   356
                (2) North Korea Threat Reduction Act of 1999 (Public
                    Law 106-113) (partial text)......................   427
                (3) USEC Privatization Act (Public Law 104-134)
                    (partial text)...................................   429
                (4) Establishment of the Enrichment Oversight
                    Committee (Executive Order 13085)................   437
                (5) EURATOM Cooperation Act of 1958, as amended
                    (Public Law 85-846)..............................   441
                (6) Agreement for Nuclear Cooperation Between the
                    United States and China (Public Law 99-183)......   446
                (7) International Atomic Energy Agency Participation
                    Act of 1957, as amended (Public Law 85-177)
                    (partial text)...................................   448
          w. Executive Orders Concerning International Atomic Energy
              Cooperation............................................   453
                (1) Authorization for the Communication of Restricted
                    Data by the Department of State (Executive Order
                    11057)...........................................   453
                (2) Authorization for the Communication of Restricted
                    Data by the Central Intelligence Agency
                    (Executive Order 10899)..........................   454
                (3) Providing for the Carrying Out of Certain
                    Provisions of the Atomic Energy Act of 1954, as
                    Amended, Relating to International Cooperation
                    (Executive Order 10841, as amended)..............   455
        5. Arms Control and Nonproliferation Provisions in National Defense
        Authorization Acts..............................................457
          a. National Defense Authorization Act for Fiscal Year 2006
              (Public Law 109-163) (partial text)....................   457
          b. Ronald W. Reagan National Defense Authorization Act for
              Fiscal Year 2005 (Public Law 108-375) (partial text)...   460
          c. National Defense Authorization Act for Fiscal Year 2004
              (Public Law 108-136) (partial text)....................   469
          d. Bob Stump National Defense Authorization Act for Fiscal
              Year 2003 (Public Law 107-314) (partial text)..........   475
          e. National Defense Authorization Act for Fiscal Year 2002
              (Public Law 107-107) (partial text)....................   481
          f. Floyd D. Spence National Defense Authorization Act for
              Fiscal Year 2001 (Public Law 106-398) (partial text)...   488
          g. National Defense Authorization Act for Fiscal Year 2000
              (Public Law 106-65) (partial text).....................   495
          h. Strom Thurmond National Defense Authorization Act for
              Fiscal Year 1999 (Public Law 105-261) (partial text)...   507
          i. National Defense Authorization Act for Fiscal Year 1998
              (Public Law 105-85) (partial text).....................   520
          j. National Defense Authorization Act for Fiscal Year 1997
              (Public Law 104-201) (partial text)....................   533
          k. National Defense Authorization Act for Fiscal Year 1996
              (Public Law 104-106) (partial text)....................   548
          l. National Defense Authorization Act for Fiscal Year 1995
              (Public Law 103-337) (partial text)....................   555
          m. National Defense Authorization Act for Fiscal Year 1994
              (Public Law 103-160) (partial text)....................   561
          n. National Defense Authorization Act for Fiscal Year 1993
              (Public Law 102-484) (partial text)....................   576
          o. National Defense Authorization Act for Fiscal Years 1992
              and 1993 (Public Law 102-190) (partial text)...........   584
          p. National Defense Authorization Act for Fiscal Year 1991
              (Public Law 101-510) (partial text)....................   587
          q. National Defense Authorization Act for Fiscal Years 1990
              and 1991 (Public Law 101-189) (partial text)...........   592
          r. National Defense Authorization Act, Fiscal Year 1989
              (Public Law 100-456) (partial text)....................   604
          s. National Defense Authorization Act for Fiscal Years 1988
              and 1989 (Public Law 100-180) (partial text)...........   611
          t. Department of Defense Authorization Act, 1987 (Public
              Law 99-661) (partial text).............................   617
          u. Department of Defense Authorization Act, 1986 (Public
              Law 99-145) (partial text).............................   621
          v. Department of Defense Authorization Act, 1985 (Public
              Law 98-525) (partial text).............................   626

    =======================================================================

                1. Arms Control and Disarmament Act, as amended

                                    CONTENTS

                                                                       Page

    Title I--Short Title, Purpose, and Definitions...................     6
        Section 101--Short Title.....................................     6
        Section 102--Purpose.........................................     6
        Section 103--Definitions.....................................     8
    Title II--Special Representatives and Visiting Scholars..........     8
        Section 201--Presidential Special Representatives............     9
        Section 202--Program for Visiting Scholars...................     9
    Title III--Functions.............................................    10
        Section 301--Research........................................    10
        Section 302--Patents.........................................    12
        Section 303--Policy Formulation..............................    12
        Section 304--Negotiation Management..........................    13
        Section 305--Arms Control Information........................    14
        Section 306--Verification of Arms Compliance.................    14
        Section 307--Negotiating Records.............................    16
        Section 308--Comprehensive Compilation of Arms Control and
          Disarmament Studies........................................    16
    Title IV--General Provisions.....................................    17
        Section 401--General Authority...............................    17
        Section 402--Dual Compensation Laws..........................    20
        Section 403--Annual Report to Congress.......................    21
        Section 404--Public Annual Report on World Military
          Expenditures and Arms Transfers............................    24
    Title V--On-Site Inspection Activities...........................    24
        Section 501--Findings........................................    24
        Section 502--Policy Coordination Concerning Implementation of
          On-Site Inspection Provisions..............................    25
        Section 503--Improving Congressional Oversight of On-Site
          Inspection Activities......................................    26
        Section 504--Definitions.....................................    26
                1. Arms Control and Disarmament Act, as amended

      Public Law 87-297 [H.R. 9118], 75 Stat. 631, approved September 26,
    1961; as amended by Public Law 88-186 [S. 777], 77 Stat. 341, approved
       November 26, 1963; Public Law 88-426 [H.R. 11049], 78 Stat. 400,
    approved August 14, 1964; Public Law 88-448 [H.R. 7381], 78 Stat. 484,
     approved August 19, 1964; Public Law 89-27 [H.R. 2998], 79 Stat. 118,
     approved May 27, 1965; Public Law 90-314 [H.R. 14940], 82 Stat. 129,
       approved May 23, 1968; Public Law 91-246 [S. 3544], 84 Stat. 270,
     approved May 12, 1970; Public Law 92-352 [H.R. 14734], 86 Stat. 489,
     approved July 13, 1972; Public Law 93-332 [H.R. 12799], 88 Stat. 289,
       approved July 8, 1974; Public Law 94-141 [S. 1517], 89 Stat. 756,
      approved November 29, 1975; Public Law 95-108 [H.R. 6179], 91 Stat.
    871, approved August 17, 1977; Public Law 95-338 [H.R. 11832], 92 Stat.
     458, approved August 8, 1978; Public Law 96-66 [H.R. 2774], 93 Stat.
      414, approved September 21, 1979; Public Law 96-465 [H.R. 6790], 94
    Stat. 2071 at 2159, approved October 17, 1980; Public Law 97-339 [H.R.
      3467], 96 Stat. 1635, approved October 15, 1982; Public Law 98-202
    [H.R. 2906], 97 Stat. 1381, approved December 2, 1983; Public Law 99-93
    [H.R. 2068], 99 Stat. 405, approved August 16, 1985; Public Law 99-550
    [H.R. 3641], 100 Stat. 3067, approved October 27, 1986; Public Law 100-
    213 [H.R. 2689], 101 Stat. 1444, approved December 24, 1987; Public Law
    101-216 [H.R. 1495], 103 Stat. 1853, approved December 11, 1989; Public
     Law 102-228 [H.R. 3807], 105 Stat. 1691, approved December 12, 1991;
     Public Law 103-199 [H.R. 3000], 107 Stat. 2317, approved December 17,
    1993; Public Law 103-236 [H.R. 2333], 108 Stat. 382, approved April 30,
    1994; Public Law 105-277 [H.R. 4328], 112 Stat. 2681, approved October
      21, 1998; Public Law 106-113 [H.R. 3194], 113 Stat. 1501, approved
    November 29, 1999; and Public Law 107-228 [H.R. 1646], 116 Stat. 1350,
                          approved September 30, 2002

       AN ACT To establish a United States Arms Control and Disarmament
                                    Agency.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

                 TITLE I--SHORT TITLE, PURPOSE, AND DEFINITIONS

                                  short title

        Section 101.\1\ This Act may be cited as the ``Arms Control
    and Disarmament Act''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2551 note. Redesignated from sec. 1 by sec. 1223(21)
    of the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision
    A of division G of Public Law 105-277; 112 Stat. 2681-772).
    ---------------------------------------------------------------------------

                                    purpose

        Sec. 102.\2\ An ultimate goal of the United States is a
    world which is free from the scourge of war and the dangers and
    burdens of armaments; in which the use of force has been
    subordinated to the rule of law; and in which international
    adjustments to a changing world are achieved peacefully. It is
    the purpose of this Act to provide impetus toward this goal by
    addressing \3\ the problem of reduction and control of
    armaments looking toward ultimate world disarmament.\4\
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2551. Redesignated from sec. 2 by sec. 1223(21) of
    the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A
    of division G of Public Law 105-277; 112 Stat. 2681-772).
        \3\ Sec. 1223(1)(A) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-768) struck out ``creating a new agency of peace to deal
    with'' and inserted in lieu thereof ``addressing''.
        \4\ Sec. 1223(1)(B) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-768) struck out an undesignated paragraph following this
    paragraph, which read as follows:
        ``Arms control, nonproliferation, and disarmament policy, being an
    important aspect of foreign policy, must be consistent with national
    security policy as a whole. The formulation and implementation of
    United States arms control, nonproliferation, and disarmament policy in
    a manner which will promote the national security can best be insured
    by a central organization charged by statute with primary
    responsibility for this field. This organization must have such a
    position within the Government that it can provide the President, the
    Secretary of State, other officials of the executive branch, and the
    Congress with recommendations concerning United States arms control,
    nonproliferation, and disarmament policy, and can assess the effect of
    these recommendations upon our foreign policies, our national security
    policies, and our economy.''.
    ---------------------------------------------------------------------------
        The Secretary of State \5\ must have the capacity to
    provide the essential scientific, economic, political,
    military, psychological, and technological information upon
    which realistic arms control, nonproliferation, \6\ and
    disarmament policy must be based. The Secretary shall have the
    authority, under the direction of the President, \7\ to carry
    out the following primary functions:
    ---------------------------------------------------------------------------
        \5\ Sec. 1223(1)(C)(i) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-768) struck out ``This organization'' and
    inserted in lieu thereof ``The Secretary of State''.
        \6\ Sec. 719(a)(2) of Public Law 103-236 (108 Stat. 501) inserted
    ``, nonproliferation'' after ``arms control''.
        \7\ Sec. 144 of Public Law 94-141 struck out ``It must be able''
    and inserted ``It shall have the authority, under the direction of the
    President and the Secretary of State,''. Sec. 1223(1)(C)(ii) of the
    Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of
    division G of Public Law 105-277; 112 Stat. 2681-768) subsequently
    struck out ``It shall have'' and inserted in lieu thereof ``The
    Secretary shall have'', and struck out ``and the Secretary of State''
    following ``under the direction of the President,''.
    ---------------------------------------------------------------------------
              (1) \8\ The preparation for and management of United
            States participation in international negotiations and
            implementation fora in the arms control,
            nonproliferation,\9\ and disarmament field.
    ---------------------------------------------------------------------------
        \8\ Sec. 703 of Public Law 103-236 (108 Stat. 491) struck out
    subsecs. (a) through (d) and inserted in lieu thereof paras. (1)
    through (5). Paras. (a) through (d) had read as follows:
    ---------------------------------------------------------------------------

      ``(a) The conduct, support, and coordination of research for arms control
    and disarmament policy formulation;

      ``(b) The preparation for and management of United States participation
    in international negotiations in the arms control and disarmament field;

      ``(c) The dissemination and coordination of public information concerning
    arms control and disarmament; and

      ``(d) The preparation for, operation of, or as appropriate, direction of
    United States participation in such control systems as may become part of
    United States arms control and disarmament activities.''.
    ---------------------------------------------------------------------------

        \9\ Sec. 1223(1)(C)(iv) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-768) inserted ``, nonproliferation,'' after
    ``arms control''.
    ---------------------------------------------------------------------------
              (2) \8\,\10\ The conduct, support, and
            coordination of research for arms control,
            nonproliferation, and disarmament policy formulation.
    ---------------------------------------------------------------------------
        \10\ Sec. 1223(1)(C)(v) and (vi) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-768, 769) struck out para. (2) and redesignated
    paras. (3) through (5) as paras. (2) through (4). Former para. (2) read
    as follows:
        ``(2) When directed by the President, the preparation for, and
    management of, United States participation in international
    negotiations and implementation fora in the nonproliferation field.''.
    ---------------------------------------------------------------------------
              (3) \8\,\10\ The preparation for,
            operation of, or \11\ direction of, United States
            participation in such control systems as may become
            part of United States arms control, nonproliferation,
            and disarmament activities.
    ---------------------------------------------------------------------------
        \11\ Sec. 1223(1)(C)(vii) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-769) struck out ``, as appropriate,'' following
    ``operation of, or''.
    ---------------------------------------------------------------------------
              (4) \8\,\10\ The dissemination and
            coordination of public information concerning arms
            control, nonproliferation, and disarmament.

                                  definitions

        Sec. 103.\12\ As used in this Act--
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 2552. Sec. 1223(21) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-772) redesignated this section from sec. 3.
    Sec. 1223(2) of that Act (112 Stat. 2681-769) struck out subsec. (c) to
    this section, which had provided the following:
        ``(c) The term `Agency' means the United States Arms Control and
    Disarmament Agency.''.
    ---------------------------------------------------------------------------
              (a) The terms ``arms control'' and ``disarmament''
            mean the identification, verification, inspection,
            limitation, control, reduction, or elimination, of
            armed forces and armaments of all kinds under
            international agreement including the necessary steps
            taken under such an agreement to establish an effective
            system of international control, or to create and
            strengthen international organizations for the
            maintenance of peace.
              (b) The term ``Government agency'' means any
            executive department, commission, agency, independent
            establishment, corporation wholly or partly owned by
            the United States which is an instrumentality of the
            United States, or any board, bureau, division, service,
            office, officer, authority, administration, or other
            establishment in the executive branch of Government.

          TITLE II--SPECIAL REPRESENTATIVES AND VISITING SCHOLARS \13\

        Sec. 21.\14\ [Repealed--1998]
    ---------------------------------------------------------------------------
        \13\ Sec. 1223(3) of the Foreign Affairs Agencies Consolidation Act
    of 1998 (subdivision A of division G of Public Law 105-277; 112 Stat.
    2681-769) struck out ``ORGANIZATION'' and inserted in lieu thereof
    ``SPECIAL REPRESENTATIVES AND VISITING SCHOLARS''.
        \14\ Formerly at 22 U.S.C. 2561. Sec. 1222 of the Foreign Affairs
    Agencies Consolidation Act of 1998 (subdivision A of division G of
    Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
    pertained to the establishment of the Arms Control and Disarmament
    Agency.
    ---------------------------------------------------------------------------
        Sec. 22.\15\ [Repealed--1998]
    ---------------------------------------------------------------------------
        \15\ Formerly at 22 U.S.C. 2562. Sec. 1222 of the Foreign Affairs
    Agencies Consolidation Act of 1998 (subdivision A of division G of
    Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
    pertained to the appointment and duties of the Director.
    ---------------------------------------------------------------------------
        Sec. 23.\16\ [Repealed--1998]
    ---------------------------------------------------------------------------
        \16\ Formerly at 22 U.S.C. 2563. Sec. 1222 of the Foreign Affairs
    Agencies Consolidation Act of 1998 (subdivision A of division G of
    Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
    pertained to the appointment and duties of the Deputy Director.
    ---------------------------------------------------------------------------
        Sec. 24.\17\ [Repealed--1998]
    ---------------------------------------------------------------------------
        \17\ Formerly at 22 U.S.C. 2564. Sec. 1222 of the Foreign Affairs
    Agencies Consolidation Act of 1998 (subdivision A of division G of
    Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
    pertained to the appointment and duties of four Assistant Directors.
    ---------------------------------------------------------------------------
        Sec. 25.\18\ [Repealed--1998]
    ---------------------------------------------------------------------------
        \18\ Formerly at 22 U.S.C. 2565. Sec. 1222 of the Foreign Affairs
    Agencies Consolidation Act of 1998 (subdivision A of division G of
    Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
    pertained to bureaus, offices, and divisions within ACDA.
    ---------------------------------------------------------------------------
        Sec. 26.\19\ [Repealed--1998]
    ---------------------------------------------------------------------------
        \19\ Formerly at 22 U.S.C. 2566. Sec. 1222 of the Foreign Affairs
    Agencies Consolidation Act of 1998 (subdivision A of division G of
    Public Law 105-277; 112 Stat. 2681-768) repealed this section, which,
    as amended, pertained to establishment of a Scientific and Policy
    Advisory Committee.
    ---------------------------------------------------------------------------

                      presidential special representatives

        Sec. 201.\20\ The President may appoint, by and with the
    advice and consent of the Senate, Special Representatives of
    the President for arms control, nonproliferation, and
    disarmament matters. Each Presidential Special Representative
    shall hold the rank of ambassador.\21\ Presidential Special
    Representatives appointed under this section shall perform
    their duties and exercise their powers under the direction of
    the President and the Secretary of State.\22\ The Department of
    State \23\ shall be the Government agency responsible for
    providing administrative support, including funding, staff, and
    office space, to all Presidential Special Representatives.
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 2567. Sec. 1223(21) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-772) redesignated this section from sec. 27.
    Sec. 2(a) of Public Law 95-108 originally added this section, and sec.
    103(a) of Public Law 101-216 amended it. Sec. 708(a) of Public Law 103-
    236 (108 Stat. 493) amended and restated the section. Sec. 708(b) of
    that Act amended 5 U.S.C. 5315, which established the compensation of
    Special Representatives at level IV of the Executive Schedule, to
    remove the limitation of two on the number of such representatives. The
    rate of compensation for level IV is set at $143,000 per annum by
    Schedule 5 of Executive Order 13393 (70 F.R. 76655; December 22, 2005).
        \21\ Sec. 1223(4)(A) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-769) struck out a third sentence at this point that had read
    as follows:
        ``One such Representative may serve in the Agency as Chief Science
    Advisor.''.
        \22\ Sec. 1223(4)(B) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-769) struck out ``, acting through the Director'' at this
    point.
        \23\ Sec. 1223(4(C) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-769) struck out ``Agency'' and inserted in lieu thereof
    ``Department of State''.
    ---------------------------------------------------------------------------

                         program for visiting scholars

        Sec. 202.\24\ A program for visiting scholars in the fields
    of arms control, nonproliferation, and disarmament \25\ shall
    be established by the Secretary of State \26\ in order to
    obtain the services of scholars from the faculties of
    recognized institutes of higher learning. The purpose of the
    program will be to give specialists in the physical sciences
    and other disciplines relevant to the Department of State's
    \27\ activities an opportunity for active participation in the
    arms control, nonproliferation,\28\ and disarmament activities
    of the Department of State \27\ and to gain for the Department
    of State \27\ the perspective and expertise such persons can
    offer. Each fellow in the program shall be appointed for a term
    of one year, except that such term may be extended for a 1-year
    period. Fellows shall be chosen by a board consisting of the
    Secretary of State,\26\ who shall be the chairperson, and all
    former Directors of the Agency.
    ---------------------------------------------------------------------------
        \24\ 22 U.S.C. 2568. Sec. 3 of Public Law 98-202 added this
    section. Sec. 1223(21) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-772) redesignated this section from sec. 28.
        \25\ Sec. 719(b)(1) of Public Law 103-236 (108 Stat. 501) struck
    out ``field of arms control and disarmament'', and inserted in lieu
    thereof ``fields of arms control, nonproliferation, and disarmament''.
        \26\ Sec. 1223(5)(A) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-769) struck out ``Director'' and inserted in lieu thereof
    ``Secretary of State''.
        \27\ Sec. 1223(5)(B) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-769) struck out ``Agency'' and inserted in lieu thereof
    ``Department of State''; and struck out ``Agency's'' and inserted in
    lieu thereof ``Department of State's'' in this sentence.
        \28\ Sec. 719(b)(2) of Public Law 103-236 (108 Stat. 501) inserted
    ``, nonproliferation,'' after ``arms control''.
    ---------------------------------------------------------------------------

                              TITLE III--FUNCTIONS

                                    research

        Sec. 301.\29\ The Secretary of State \30\ is authorized and
    directed to exercise his powers in this title in \31\ such
    manner as to ensure \32\ the acquisition of a fund of
    theoretical and practical knowledge concerning disarmament and
    nonproliferation.\33\ To this end, the Secretary of State \30\
    is authorized and directed, under the direction of the
    President, (1) to ensure \32\ the conduct of research,
    development, and other studies in the fields of arms control,
    nonproliferation, and disarmament; \34\ (2) to make
    arrangements (including contracts, agreements, and grants) for
    the conduct of research, development, and other studies in the
    fields of arms control, nonproliferation, and disarmament \34\
    by \35\ private or public institutions or persons; and (3) to
    coordinate the research, development, and other studies
    conducted in the fields of arms control, nonproliferation, and
    disarmament \34\ by or for other Government agencies.\36\ In
    carrying out his responsibilities under this Act, the Secretary
    of State \30\ shall, to the maximum extent feasible, make full
    use of available facilities, Government and private. The
    authority of the Secretary under this Act, with respect to
    research, development, and other studies concerning arms
    control, nonproliferation, and disarmament shall be limited to
    participation in the following: \37\
    ---------------------------------------------------------------------------
        \29\ 22 U.S.C. 2571. Sec. 1223(21) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-772) redesignated this section from sec. 31.
        \30\ Sec. 1223(6)(B) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-769) struck out ``Director'' and inserted in lieu thereof
    ``Secretary of State'' throughout this section.
        \31\ Sec. 1223(6)(A) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-769) inserted ``this title in'' after ``powers in''.
        \32\ Sec. 1223(6)(C) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-769) struck out ``insure'' and inserted in lieu thereof
    ``ensure''.
        \33\ Sec. 719(c)(2) of Public Law 103-236 (108 Stat. 501) inserted
    ``and nonproliferation'' after ``disarmament''.
        \34\ Sec. 719(c)(1) of Public Law 103-236 (108 Stat. 501) struck
    out ``field of arms control and disarmament'' and inserted in lieu
    thereof ``fields of arms control, nonproliferation, and disarmament''.
        \35\ Sec. 5 of Public Law 88-186 inserted the words ``United
    States'' between the words ``by'' and ``private''. Sec. 3 of Public Law
    95-108 subsequently struck out the words ``United States''.
        \36\ Sec. 1223(6)(D) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-769) struck out ``in accordance with procedures established
    under section 35 of this Act'' at this point.
        \37\ Sec. 1223(6)(E) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-769) struck out ``The authority of the Secretary of State
    with respect to research, development, and other studies shall be
    limited to participation in the following insofar as they relate to
    arms control, nonproliferation, and disarmament:'' and inserted in lieu
    thereof ``The authority of the Secretary under this Act, with respect
    to research, development, and other studies concerning arms control,
    nonproliferation, and disarmament shall be limited to participation in
    the following:''.
    ---------------------------------------------------------------------------
              (a) the detection, identification, inspection,
            monitoring, limitation, reduction, control, and
            elimination of armed forces and armaments, including
            thermonuclear, nuclear, missile, conventional,
            bacteriological, chemical, and radiological weapons;
              (b) the techniques and systems of detecting,
            identifying, inspecting, and monitoring of tests of
            nuclear, thermonuclear, and other weapons;
              (c) the analysis of national budgets, levels of
            industrial production, and economic indicators to
            determine the amounts spent by various countries for
            armaments and of all aspects of antisatellite
            activities; \38\
    ---------------------------------------------------------------------------
        \38\ Sec. 4 of Public Law 97-339 inserted the words ``and of all
    aspects of antisatellite activities''.
    ---------------------------------------------------------------------------
              (d) the control, reduction, and elimination of armed
            forces and armaments in space, in areas on and beneath
            the earth's surface, and in underwater regions;
              (e) the structure and operation of international
            control and other organizations useful for arms
            control, nonproliferation,\39\ and disarmament;
    ---------------------------------------------------------------------------
        \39\ Sec. 719(c)(3) of Public Law 103-236 (108 Stat. 501) inserted
    ``, nonproliferation,'' after ``arms control''.
    ---------------------------------------------------------------------------
              (f) the training of scientists, technicians, and
            other personnel for manning the control systems which
            may be created by international arms control,
            nonproliferation,\39\ and disarmament agreements;
              (g) the reduction and elimination of the danger of
            war resulting from accident, miscalculation, or
            possible surprise attack, including (but not limited
            to) improvements in the methods of communications
            between nations;
              (h) the economic and political consequences of arms
            control, nonproliferation,\39\ and disarmament,
            including the problems of readjustment arising in
            industry and the reallocation of national resources;
              (i) the arms control, nonproliferation,\39\ and
            disarmament implications of foreign and national
            security policies of the United States with a view to a
            better understanding of the significance of such
            policies for the achievement of arms control,
            nonproliferation,\39\ and disarmament;
              (j) the national security and foreign policy
            implications of arms control, nonproliferation,\39\ and
            disarmament proposals with a view to a better
            understanding of the effect of such proposals upon
            national security and foreign policy;
              (k) methods for the maintenance of peace and security
            during different stages of arms control,
            nonproliferation,\39\ and disarmament;
              (l) the scientific, economic, political, legal,
            social, psychological, military, and technological
            factors related to the prevention of war with a view to
            a better understanding of how the basic structure of a
            lasting peace may be established; and \40\
    ---------------------------------------------------------------------------
        \40\ Sec. 1223(6)(F) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-769) inserted ``and''.
    ---------------------------------------------------------------------------
              (m) such related problems as the Secretary of State
            \30\ may determine to be in need of research,
            development, or study in order to carry out the
            provisions of this Act.

                                    patents

        Sec. 302.\41\ All research within the United States
    contracted for, sponsored, cosponsored, or authorized under
    authority of this Act, shall be provided for in such manner
    that all information as to uses, products, processes, patents,
    and other developments resulting from such research developed
    by Government expenditure will (with such exceptions and
    limitations, if any, as the Secretary of State \42\ may find to
    be necessary in the public interest) be available to the
    general public. This section \43\ shall not be so construed as
    to deprive the owner of any background patent relating thereto
    of such rights as he may have thereunder.
    ---------------------------------------------------------------------------
        \41\ 22 U.S.C. 2572. Sec. 1223(21) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-772) redesignated this section from sec. 32.
        \42\ Sec. 1223(7)(A) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-769) struck out ``Director'' and inserted in lieu thereof
    ``Secretary of State''.
        \43\ Sec. 1223(7)(B) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-769) struck out ``subsection'' and inserted in lieu thereof
    ``section''.
    ---------------------------------------------------------------------------

                               policy formulation

        Sec. 303.\44\ (a) Formulation.--The Secretary of State \45\
    shall prepare for the President,\46\ and the heads of such
    other Government agencies as the President may determine,
    recommendations and advice concerning United States arms
    control, nonproliferation, and disarmament policy.
    ---------------------------------------------------------------------------
        \44\ 22 U.S.C. 2573. Sec. 1223(21) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-772) redesignated this section from sec. 33.
    Sec. 709 of Public Law 103-236 (108 Stat. 494) restated this section
    and amended it by adding the words, ``in a militarily significant
    manner'' in para. (b), and by deleting a final sentence which sec. 3 of
    Public Law 88-186 had added that read, ``Nothing contained in this Act
    shall be construed to authorize any policy or action by any Government
    agency which would interfere with, restrict, or prohibit the
    acquisition, possession, or use of firearms by an individual for the
    lawful purpose of personal defense, sport, recreation, education, or
    training.''.
        \45\ Sec. 1223(8)(B) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-769) struck out ``Director'' and inserted in lieu thereof
    ``Secretary of State''.
        \46\ Sec. 1223(8)(A) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-769) struck out ``the Secretary of State,'' at this point.
    ---------------------------------------------------------------------------
        (b) Prohibition.--No action shall be taken pursuant to this
    or any other Act that would obligate the United States to
    reduce or limit the Armed Forces or armaments of the United
    States in a militarily significant manner \44\, except pursuant
    to the treaty-making power of the President set forth in
    Article II, Section 2, Clause 2 of the Constitution or unless
    authorized by the enactment of further affirmative legislation
    by the Congress of the United States.
        (c) \47\ Statutory Construction.--Nothing contained in this
    chapter shall be construed to authorize any policy or action by
    any Government agency which would interfere with, restrict, or
    prohibit the acquisition, possession, or use of firearms by an
    individual for the lawful purpose of personal defense, sport,
    recreation, education, or training.
    ---------------------------------------------------------------------------
        \47\ Sec. 2602 of the Foreign Relations Authorization Act, Fiscal
    Years 1998 and 1999 (subdivision B of division G of Public Law 105-277;
    112 Stat. 2681-839) added subsec. (c).
    ---------------------------------------------------------------------------

                             negotiation management

        Sec. 304.\48\ (a) Responsibilities.--The Secretary of
    State,\49\ under the direction of the President,\50\ shall have
    primary responsibility for the preparation, conduct, and
    management of United States participation in all international
    negotiations and implementation fora in the fields of arms
    control, nonproliferation,\51\ and disarmament.\52\ In
    furtherance of these responsibilities, Special Representatives
    of the President appointed pursuant to section 201,\53\ shall,
    as directed by the President, serve as \54\ United States
    Government representatives to international organizations,
    conferences, and activities relating to the field of
    nonproliferation,\55\ such as the preparations for and conduct
    of the review relating to the Treaty on the Non-Proliferation
    of Nuclear Weapons.
    ---------------------------------------------------------------------------
        \48\ 22 U.S.C. 2574. Redesignated from sec. 34 by sec. 1223(21) of
    the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A
    of division G of Public Law 105-277; 112 Stat. 2681-772). Sec. 710 of
    Public Law 103-236 (108 Stat. 494) restated this section and its
    heading, and amended it by adding para. (a) and the provisions relating
    to nonproliferation.
        \49\ Sec. 1223(9)(A)(i) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-769) struck out ``Director'' and inserted in
    lieu thereof ``Secretary of State''.
        \50\ Sec. 1223(9)(A)(ii) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-769) struck out ``and the Secretary of State''.
        \51\ Sec. 1223(9)(A)(iii) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-769) inserted ``, nonproliferation,'' after
    ``in the fields of arms control''.
        \52\ Sec. 1223(9)(A)(iv) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-769) struck out ``and shall have primary
    responsibility, whenever directed by the President, for the
    preparation, conduct, and management of United States participation in
    international negotiations and implementation fora in the field of
    nonproliferation'' after ``disarmament''.
        \53\ Sec. 1223(9)(A)(v) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-770) struck out ``section 27'' and inserted in
    lieu thereof ``section 201''.
        \54\ Sec. 1223(9)(A)(vi) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-770) struck out ``the'' following ``serve as''.
        \55\ For additional statutory requirements relating to persons
    representing the United States ``in such organs, commissions or other
    bodies as may be created by the United Nations with respect to nuclear
    energy or disarmament (control and limitation of armament)'', see sec.
    2(b) of the United Nations Participation Act of 1945, as amended (22
    U.S.C. 287(b)), page 810 of this volume.
    ---------------------------------------------------------------------------
        (b) \56\ Authority.--The Secretary of State \57\ is
    authorized--
    ---------------------------------------------------------------------------
        \56\ Sec. 1223(9)(B) and (C) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-770) struck out subsec. (b) and redesignated
    subsec. (c) as subsec. (b). Former subsec. (b) required the ACDA
    Director to provide relevant information to USIA.
        \57\ Sec. 1223(9)(D)(i) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-770) struck out ``Director'' and inserted in
    lieu thereof ``Secretary of State''.
    ---------------------------------------------------------------------------
              (1) \58\ to formulate plans and make preparations for
            the establishment, operation, and funding of
            inspections and control systems which may become part
            of the United States arms control, nonproliferation,
            and disarmament activities; and
    ---------------------------------------------------------------------------
        \58\ Sec. 1223(9)(D) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-770) struck out para. (1) and redesignated paras. (2) and
    (3) as paras. (1) and (2). Former para. (1) pertained to international
    negotiations and the ACDA Director's authority.
    ---------------------------------------------------------------------------
              (2) \58\ as authorized by law, to put into effect,
            direct, or otherwise assume United States
            responsibility for such systems.
        Sec. 35.\59\ [Repealed--1998]
    ---------------------------------------------------------------------------
        \59\ Formerly at 22 U.S.C. 2575. Sec. 1222 of the Foreign Affairs
    Agencies Consolidation Act of 1998 (subdivision A of division G of
    Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
    provided for coordination among Executive agencies on all significant
    aspects of arms control, nonproliferation, disarmament and related
    matters.
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                         arms control information \60\

        Sec. 305.\61\ In order to assist the Secretary of State
    \62\ in the performance of his duties with respect to arms
    control, nonproliferation,\63\ and disarmament policy and
    negotiations, any Government agency preparing any legislative
    or budgetary proposal for--
    ---------------------------------------------------------------------------
        \60\ Sec. 719(e)(1) of Public Law 103-236 (108 Stat. 501) restated
    the section heading, which formerly read ``arms control impact
    information and analysis''.
        \61\ 22 U.S.C. 2576. Sec. 1223(21) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-772) redesignated this section from sec. 36.
    Sec. 146 of Public Law 94-141 added this section, and sec. 1(1) and
    sec. 1(2) of Public Law 95-338 amended the section. Sec. 146 of Public
    Law 94-141 added this section, and sec. 1(1) and sec. 1(2) of Public
    Law 95-338 amended the section. Sec. 704(1) of Public Law 103-236 (108
    Stat. 492) repealed subsecs. (b) and (c) of this section, which related
    to arms control impact information and analysis. Sec. 719(e)(2) of that
    Act struck out subsection designation ``(a)''.
        \62\ Sec. 1223(10)(A) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-770) struck out ``Director'' and inserted in lieu thereof
    ``Secretary of State''.
        \63\ Sec. 719(e)(3) of Public Law 103-236 (108 Stat. 501) inserted
    ``, nonproliferation,'' after ``arms control''.
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              (1) any program of research, development, testing,
            engineering, construction, deployment, or modernization
            with respect to nuclear armaments, nuclear implements
            of war, military facilities or military vehicles
            designed or intended primarily for the delivery of
            nuclear weapons,
              (2) any program of research, development, testing,
            engineering, construction, deployment, or modernization
            with respect to armaments, ammunition, implements of
            war, or military facilities, having--
                      (A) an estimated total program cost in excess
                    of $250,000,000, or
                      (B) an estimated annual program cost in
                    excess of $50,000,000, or
              (3) any other program involving technology with
            potential military application or weapons systems \64\
            which such Government agency or the Secretary of State
            \62\ believes may have a significant impact on arms
            control, nonproliferation,\63\ and disarmament policy
            or negotiations,
    ---------------------------------------------------------------------------
        \64\ Sec. 1(l) of Public Law 95-338 struck out the words ``weapons
    systems or technology'' and inserted in lieu thereof ``technology with
    potential military application or weapons systems''. Senate Report No.
    95-843, May 15, 1978, states at page 3 that this change was made ``so
    that there would be no question that technology with potential military
    application, rather than, simply, weapons technology, could be reviewed
    and reported upon under the legislation.''.
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    shall, on a continuing basis, provide the Secretary of State
    \62\ with full and timely access to detailed information \65\
    with respect to the nature, scope, and purpose of such
    proposal.
    ---------------------------------------------------------------------------
        \65\ Sec. 1223(10)(B) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-770) struck out ``, in accordance with the procedures
    established pursuant to section 35 of this Act,'' at this point.
    ---------------------------------------------------------------------------

                           verification of compliance

        Sec. 306.\66\ (a) In General.--In order to ensure that arms
    control, nonproliferation, and disarmament agreements can be
    verified,\67\ the Secretary of State \68\ shall report to
    Congress, on a timely basis, or upon request by an appropriate
    committee of the Congress--
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        \66\ 22 U.S.C. 2577. Sec. 1223(21) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-772) redesignated this section from sec. 37.
    Sec. 4 of Public Law 95-108 originally added this section. Sec. 712 of
    Public Law 103-236 (108 Stat. 495) restated the section and its
    heading, and amended it by adding subsec. (d) and the provisions
    relating to nonproliferation. Sec. 1223(11)(B) of the Foreign Affairs
    Agencies Consolidation Act of 1998 (subdivision A of division G of
    Public Law 105-277; 112 Stat. 2681-770) struck out subsec. (d), which
    pertained to international participation and negotiations.
        \67\ Sec. 1115(a) of the Admiral James W. Nance and Meg Donovan
    Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
    3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
    113 Stat. 1536), struck out ``adequately'' preceding ``verified''.
        \68\ Sec. 1223(11)(A) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-770) struck out ``Director'' or ``Agency'' and inserted in
    lieu thereof ``Secretary of State'' or ``Department of State'',
    respectively, throughout the section.
    ---------------------------------------------------------------------------
              (1) in the case of any arms control,
            nonproliferation, or disarmament agreement that has
            been concluded by the United States, the determination
            of the Secretary of State \68\ as to the degree to
            which the components of such agreement can be verified;
              (2) in the case of any arms control,
            nonproliferation, or disarmament agreement that has
            entered into force, any significant degradation or
            alteration in the capacity of the United States to
            verify compliance of the components of such agreement;
              (3) the amount and percentage of research funds
            expended by the Department of State \68\ for the
            purpose of analyzing issues relating to arms control,
            nonproliferation, and disarmament verification; and
              (4) the number of professional personnel assigned to
            arms control verification on a full-time basis by each
            Government agency.
        (b) \69\ Assessments Upon Request.--Upon the request of the
    chairman or ranking minority member of the Committee on Foreign
    Relations of the Senate or the Committee on International
    Relations of the House of Representatives, in case of an arms
    control, nonproliferation, or disarmament proposal presented to
    a foreign country, the Secretary of State shall submit a report
    to the Committee on the degree to which elements of the
    proposal are capable of being verified.
    ---------------------------------------------------------------------------
        \69\ Sec. 1115(b) of the Admiral James W. Nance and Meg Donovan
    Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
    3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
    113 Stat. 1536), redesignated subsecs. (b) and (c) as subsecs. (c) and
    (d), and added a new subsec. (b). The amendment also stated a
    redesignation of subsec. (d) as subsec. (e); the amendments executed by
    the Foreign Affairs Agencies Consolidation Act of 1998 struck out this
    subsection.
    ---------------------------------------------------------------------------
        (c) \69\ Standard for Verification of Compliance.--In
    making determinations under paragraphs (1) and (2) of
    subsection (a), the Secretary of State \68\ shall assume that
    all measures of concealment not expressly prohibited could be
    employed and that standard practices could be altered so as to
    impede verification.
        (d) \69\ Rule of Construction.--Except as otherwise
    provided for by law, nothing in this section may be construed
    as requiring the disclosure of sensitive information relating
    to intelligence sources or methods or persons employed in the
    verification of compliance with arms control, nonproliferation,
    and disarmament agreements.

                              negotiating records

        Sec. 307.\70\ (a) Preparation of Records.--The Secretary of
    State \71\ shall establish and maintain records for each arms
    control, nonproliferation, and disarmament agreement to which
    the United States is a party and which was under negotiation or
    in force on or after January 1, 1990, which shall include
    classified and unclassified materials such as instructions and
    guidance, position papers, reporting cables and memoranda of
    conversation, working papers, draft texts of the agreement,
    diplomatic notes, notes verbal, and other internal and external
    correspondence.
    ---------------------------------------------------------------------------
        \70\ 22 U.S.C. 2578. Sec. 713(a) of Public Law 103-236 (108 Stat.
    496) added this section. Sec. 1223(21) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-772) redesignated this section from sec. 38.
        Sec. 713(b) of that Act required the following:
        ``(b) Report Required.--Not later than January 31, 1995, the
    Director of the United States Arms Control and Disarmament Agency shall
    submit to the Speaker of the House of Representatives and to the
    chairman of the Committee on Foreign Relations of the Senate a detailed
    report describing the actions he has undertaken to implement section 38
    of the Arms Control and Disarmament Act.''.
        Previously, sec. 38 had required that the President submit an
    annual report to Congress on the activities of the Standing
    Consultative Commission established under Article XIII of the Treaty on
    the Limitation of Anti-Ballistic Missile Systems. That sec. 38,
    originally added by sec. 3(b) of Public Law 100-213, and amended by
    sec. 401(a) of Public Law 103-199, was repealed by sec. 704(2) of
    Public Law 103-236 (108 Stat. 492).
        Sec. 1223(12)(B) of the Foreign Affairs Agencies Consolidation Act
    of 1998 (subdivision A of division G of Public Law 105-277; 112 Stat.
    2681-770) struck out subsec. (c), relating to international
    negotiations.
        \71\ Sec. 1223(12)(A) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-770) struck out ``Director'' and inserted in lieu thereof
    ``Secretary of State'' throughout the section.
    ---------------------------------------------------------------------------
        (b) Negotiating and Implementation Records.--In particular,
    the Secretary of State \71\ shall establish and maintain a
    negotiating and implementation record for each such agreement,
    which shall be comprehensive and detailed, and shall document
    all communications between the parties with respect to such
    agreement. Such records shall be maintained both in hard copy
    and magnetic media.

       comprehensive compilation of arms control and disarmament studies

        Sec. 308.\72\ Pursuant to his responsibilities under
    section 31 of this Act, and in order to enhance Congressional
    and public understanding of arms control, nonproliferation,\73\
    and disarmament issues, the Director shall provide to the
    Congress not later than June 30 of each year a report setting
    forth--
    ---------------------------------------------------------------------------
        \72\ 22 U.S.C. 2579. Sec. 4 of Public Law 100-213 added this
    section. Sec. 1223(21) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-772) redesignated this section from sec. 39.
        \73\ Sec. 719(f) of Public Law 103-236 (108 Stat. 502) inserted ``,
    nonproliferation,'' after ``arms control''.
    ---------------------------------------------------------------------------
              (1) a comprehensive list of studies relating to arms
            control, nonproliferation,\73\ and disarmament issues
            concluded during the previous calendar year by
            government agencies or for government agencies by
            private or public institutions or persons; and
              (2) a brief description of each such study.
    This report shall be unclassified, with a classified addendum
    if necessary.

                          TITLE IV--GENERAL PROVISIONS

                               general authority

        Sec. 401.\74\ In addition to any authorities otherwise
    available, the Secretary of State in the performance of
    functions under this Act \75\ is authorized to--
    ---------------------------------------------------------------------------
        \74\ 22 U.S.C. 2581. Sec. 1223(21) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-772) redesignated this section from sec. 41.
        \75\ Sec. 1223(13)(A) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-770) struck out ``In the performance of his functions, the
    Director'' and inserted in lieu thereof ``In addition to any
    authorities otherwise available, the Secretary of State in the
    performance of functions under this Act''.
    ---------------------------------------------------------------------------
        (a) utilize or employ the services, personnel, equipment,
    or facilities of any other Government agency, with the consent
    of the agency concerned, to perform such functions on behalf of
    the Department of State \76\ as may appear desirable.\77\ Any
    Government agency is authorized, notwithstanding any other
    provision of law, to transfer to or to receive from the
    Secretary of State,\76\ without reimbursement, supplies and
    equipment other than administrative supplies or equipment.
    Transfer or receipt of excess property shall be in accordance
    with the provisions of the Federal Property and Administrative
    Services Act of 1949, as amended; \78\
    ---------------------------------------------------------------------------
        \76\ Sec. 1223(13)(B) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-770) struck out references through the section to the
    Director or the Agency and replaced such references with an appropriate
    reference to the Secretary of State or the Department of State.
        \77\ Sec. 1223(13)(C) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-770) struck out ``It is the intent of this section that the
    Director rely upon the Department of State for general administrative
    services in the United States and abroad to the extent agreed upon
    between the Secretary of State and the Director.''.
        \78\ See e.g., 40 U.S.C. 483(a) and 484.
    ---------------------------------------------------------------------------
        (b) \79\, \80\ appoint and fix the compensation
    of employees possessing specialized technical expertise without
    regard to the provisions of title 5, United States Code,
    governing appointments in the competitive service and the
    provisions of chapter 51 and subchapter III of chapter 53 of
    such title relating to classification and General Schedule pay
    rates, if the Secretary of State \76\ ensures that--
    ---------------------------------------------------------------------------
        \79\ Sec. 5(a) of Public Law 95-108 amended and restated subsec.
    (b) which formerly read as follows: ``(b) appoint officers and
    employees, including attorneys, for the Agency in accordance with the
    civil service laws and fix their compensation in accordance with the
    Classification Act of 1949, as amended;''.
        \80\ Sec. 1223(13)(D)(i) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-770) struck out ``appoint officers and
    employees, including attorneys, for the Agency in accordance with the
    provisions of title 5, United States Code, governing appointment in the
    competitive service, and fix their compensation in accordance with
    chapter 51 and with subchapter III of chapter 53 of such title,
    relating to classification and General Schedule pay rates, except that
    the Director may, to the extent the Director determines necessary to
    the discharge of his responsibilities,''.
    ---------------------------------------------------------------------------
              (1) any employee who is appointed under this
            subsection \81\ is not paid at a rate--
    ---------------------------------------------------------------------------
        \81\ Sec. 1223(13)(D)(ii) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-770) struck out ``exception'' and inserted in
    lieu thereof ``subsection''.
    ---------------------------------------------------------------------------
                      (A) in excess of the rate payable for
                    positions of equivalent difficulty or
                    responsibility, or
                      (B) exceeding the maximum rate payable for
                    grade 15 of the General Schedule; and
              (2) the number of employees appointed under this
            subsection \82\ shall not exceed 10 percent of the
            Department of State's \76\ full-time-equivalent
            positions allocated to carry out the purposes of this
            Act.\83\
    ---------------------------------------------------------------------------
        \82\ Sec. 1223(13)(D)(iii)(I) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-771) struck out ``exception'' and inserted in
    lieu thereof ``subsection''.
        \83\ Sec. 1223(13)(D)(iii)(II) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-771) struck out ``ceiling'' and inserted in
    lieu thereof ``positions allocated to carry out the purposes of this
    Act''.
    ---------------------------------------------------------------------------
        (c) enter into agreements with other Government agencies,
    including the military departments through the Secretary of
    Defense, under which officers or employees of such agencies may
    be detailed to the Department of State \76\ for the performance
    of service pursuant to this Act without prejudice to the status
    or advancement of such officers or employees within their own
    agencies;
        (d) procure services of experts and consultants or
    organizations thereof, including stenographic reporting
    services, as authorized by section 3109 of title 5 of the
    United States Code,\84\ and to pay in connection therewith
    travel expenses of individuals, including transportation and
    per diem in lieu of subsistence while away from their homes or
    regular places of business, as authorized by section 5703 of
    such title: \85\ Provided, That no such individual shall be
    employed for more than 130 days \86\ in any fiscal year unless
    the President certifies that employment of such individual in
    excess of such number of days is necessary in the national
    interest: \87\ And provided further, That such contracts may be
    renewed annually;
    ---------------------------------------------------------------------------
        \84\ Para. (a)(1) of Public Law 93-332 struck out the words ``at
    rates not exceeding $100 per diem for individuals'', and also struck
    out ``section 15 of the Act of August 2, 1946 (5 U.S.C. 55a)'' and
    inserted in lieu thereof ``section 3109 of title 5 of the United States
    Code''.
        \85\ Para. (a)(2) of Public Law 93-332 struck out ``section 5 of
    said Act, as amended (5 U.S.C. 73b-2)'' and inserted in lieu thereof
    ``section 5703 of such title''.
        \86\ Para. (a)(3) of Public Law 93-332 struck out ``one hundred
    days'' and inserted in lieu thereof ``130 days''.
        \87\ In a memorandum of August 18, 1990, for the Director of the
    United States Arms Control and Disarmament Agency, the President
    delegated to such Director the authority set forth in this subsection
    to certify that the employment of persons in excess of the number of
    days set forth in this subsection is necessary in the national interest
    (55 F.R. 37693; September 13, 1990). Sec. 1221 of the Foreign Affairs
    Agencies Consolidation Act of 1998 (subdivision A of division G of
    Public Law 105-277; 112 Stat. 2681-768) provides, ``Except as otherwise
    provided in section 1223 or 1225, any reference in any statute,
    reorganization plan, Executive order, regulation, agreement,
    determination, or other official document or proceeding to--(1) the
    Director of the United States Arms Control and Disarmament Agency, the
    Director of the Arms Control and Disarmament Agency, or any other
    officer or employee of the United States Arms Control and Disarmament
    Agency or the Arms Control and Disarmament Agency shall be deemed to
    refer to the Secretary of State * * * ''. Subsequently, the Secretary
    of State delegated ``[t]he functions that were vested in the United
    States Arms Control and Disarmament Agency before the effective date
    described in section 1201 of the Foreign Affairs Reform and
    Restructuring Act of 1998 (as contained in Pub. L. 105-277), including
    any functions conferred on the Director or any officer or employee of
    that agency, and that are now conferred on the Secretary pursuant to
    the provisions of the Act (including amendments made by that Act)'' to
    the Under Secretary for Arms Control and International Security
    (Delegation of Authority 293 of June 2, 2006; 71 F.R. 38202; July 5,
    2006).
    ---------------------------------------------------------------------------
        (e) employ individuals of outstanding ability without
    compensation in accordance with the provisions of section
    710(b) of the Defense Production Act of 1950, as amended (50
    U.S.C. App. 2160), and regulations issued thereunder;
        (f) \88\ establish a scientific and policy advisory board
    to advise with and make recommendations to the Secretary of
    State on United States arms control, nonproliferation, and
    disarmament policy and activities. A majority of the board
    shall be composed of individuals who have a demonstrated
    knowledge and technical expertise with respect to arms control,
    nonproliferation, and disarmament matters and who have
    distinguished themselves in any of the fields of physics,
    chemistry, mathematics, biology, or engineering, including
    weapons engineering. The members of the board may receive the
    compensation and reimbursement for expenses specified for
    consultants by subsection (d) of this section;
    ---------------------------------------------------------------------------
        \88\ Sec. 1223(13)(G) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-771) amended and restated subsec. (f), which previously
    read, as amended, as follows:
        ``(f) establish advisory boards to advise with and make
    recommendations to the Director on United States arms control and
    disarmament policy and activities. The members of such boards may
    receive the compensation and reimbursement for expenses specified for
    consultants by section 41(d) of this Act;''.
    ---------------------------------------------------------------------------
        (g) \89\ administer oaths and take sworn statements in the
    course of an investigation made pursuant to the Secretary of
    State's \76\ responsibilities under this Act;
    ---------------------------------------------------------------------------
        \89\ Sec. 401(b)(1) of the Conventional Forces in Europe Treaty
    Implementation Act of 1991 (Public Law 102-228; 105 Stat. 1698)
    redesignated subsecs. (h) and (i) as subsecs. (i) and (j). Sec.
    401(b)(2) of that Act added a new subsec. (h).
        Subsequently, sec. 1223(13)(E) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-771) struck out the original subsec. (g), which
    sec. 5(b) of Public Law 95-108 (91 Stat. 873) had originally added.
    Subsec. (g) had pertained to payment for work performed, and related
    travel, in the form of advisory services. Sec. 1223(13)(F) of Public
    Law 105-277 redesignated subsecs. (h), (i), and (j) of sec. 401 as
    subsecs. (g), (h), and (i).
    ---------------------------------------------------------------------------
        (h) \89\ delegate, as appropriate, to the Under Secretary
    for Arms Control and International Security \90\ or other
    officers of the Department of State, any authority conferred
    upon the Secretary of State \76\ by the provisions of this Act;
    and
    ---------------------------------------------------------------------------
        \90\ Sec. 1223(13)(H) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-771) struck out ``Deputy Director'' and inserted in lieu
    thereof ``Under Secretary for Arms Control and International
    Security''.
    ---------------------------------------------------------------------------
        (i) \89\ make, promulgate, issue, rescind, and amend such
    rules and regulations as may be necessary or desirable to the
    exercise of any authority conferred upon the Secretary of State
    \76\ by the provisions of this Act.
        Sec. 42.\91\ [Repealed--1998]
    ---------------------------------------------------------------------------
        \91\ Formerly at 22 U.S.C. 2582. Sec. 1222 of the Foreign Affairs
    Agencies Consolidation Act of 1998 (subdivision A of division G of
    Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
    pertained to Foreign Service personnel.
    ---------------------------------------------------------------------------
        Sec. 43.\92\ [Repealed--1998]
    ---------------------------------------------------------------------------
        \92\ Formerly at 22 U.S.C. 2583. Sec. 1222 of the Foreign Affairs
    Agencies Consolidation Act of 1998 (subdivision A of division G of
    Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
    had pertained to contracts.
    ---------------------------------------------------------------------------

                          dual compensation laws \93\

        Sec. 402.\94\ Members of advisory boards and consultants
    may serve as such without regard to any \95\ Federal law
    limiting the reemployment of retired officers or employees or
    governing the simultaneous receipt of compensation and retired
    pay or annuities, subject to section 201 of the Dual
    Compensation Act.\96\ This section shall apply only to
    individuals carrying out activities related to arms control,
    nonproliferation, and disarmament.\97\
    ---------------------------------------------------------------------------
        \93\ Sec. 1223(14)(A) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-771) struck out ``conflict-of-interest and'' preceding
    ``dual compensation laws'' in the section catchline.
        \94\ 22 U.S.C. 2584. Sec. 1223(21) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-772) redesignated this section from sec. 44.
        \95\ Sec. 1223(14)(B) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-771) struck out ``The members of the General Advisory
    Committee created by section 26 of this Act, and the members of the
    advisory boards, the consultants, and the individuals of outstanding
    ability employed without compensation, all of which are provided in
    section 41 of this Act, may serve as such without regard to the
    provisions of section 281, 283, 284, or 1914 of title 18 of the United
    States Code, or of section 190 of the Revised Statutes (5 U.S.C. 99),
    or of any other Federal law imposing restrictions, requirements, or
    penalties in relation to the employment of individuals, the performance
    of services, or the payment or receipt of compensation in connection
    with any claim, proceeding, or matter involving the United States
    Government, except insofar as such provisions of law may prohibit any
    such individual from receiving compensation from a source other than a
    nonprofit educational institution in respect of any particular matter
    in which the Agency is directly interested. Nor shall such service be
    considered as employment or holding of office or position bringing such
    individual within the provisions of section 13 of the Civil Service
    Retirement Act (5 U.S.C. 2263), or any other'' and inserted in lieu
    thereof ``Members of advisory boards and consultants may serve as such
    without regard to any''.
        \96\ Now codified as 5 U.S.C. 5532. Sec. 401(d)(2) of Public Law
    88-448, the Dual Compensation Act, added the last nine words to this
    sentence.
        \97\ Sec. 1223(14)(C) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-771) added ``This section shall apply only to individuals
    carrying out activities related to arms control, nonproliferation, and
    disarmament.''.
    ---------------------------------------------------------------------------
        Sec. 45.\98\ [Repealed--1998]
    ---------------------------------------------------------------------------
        \98\ Formerly at 22 U.S.C. 2585. Sec. 1222 of the Foreign Affairs
    Agencies Consolidation Act of 1998 (subdivision A of division G of
    Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
    pertained to security requirements.
    ---------------------------------------------------------------------------
        Sec. 46.\99\ [Repealed--1998]
    ---------------------------------------------------------------------------
        \99\ Formerly at 22 U.S.C. 2586. Sec. 1222 of the Foreign Affairs
    Agencies Consolidation Act of 1998 (subdivision A of division G of
    Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
    pertained to the Comptroller General audit.
    ---------------------------------------------------------------------------
        Sec. 47.\100\ [Repealed--1998]
    ---------------------------------------------------------------------------
        \100\ Formerly at 22 U.S.C. 2587. Sec. 1222 of the Foreign Affairs
    Agencies Consolidation Act of 1998 (subdivision A of division G of
    Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
    pertained to the consolidation and transfer of activities to ACDA.
    ---------------------------------------------------------------------------
        Sec. 48.\101\ [Repealed--1998]
    ---------------------------------------------------------------------------
        \101\ Formerly at 22 U.S.C. 2588. Sec. 1222 of the Foreign Affairs
    Agencies Consolidation Act of 1998 (subdivision A of division G of
    Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
    pertained to the use of authorized and appropriated funds.
    ---------------------------------------------------------------------------
        Sec. 49.\102\ [Repealed--1998]
    ---------------------------------------------------------------------------
        \102\ Formerly at 22 U.S.C. 2591. Sec. 4 of Public Law 98-202
    originally added this section. Sec. 1222 of the Foreign Affairs
    Agencies Consolidation Act of 1998 (subdivision A of division G of
    Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
    pertained to specialists fluent in Russian or other languages of the
    independent states of the former Soviet Union.
    ---------------------------------------------------------------------------
        Sec. 50.\103\ [Repealed--1998]
    ---------------------------------------------------------------------------
        \103\ Formerly at 22 U.S.C. 2593. Sec. 6(a) of Public Law 100-213
    originally added this section as sec. 53. Sec. 1222 of the Foreign
    Affairs Agencies Consolidation Act of 1998 (subdivision A of division G
    of Public Law 105-277; 112 Stat. 2681-768) repealed this section, which
    pertained to the appointment and duties of the ACDA Inspector General.
    ---------------------------------------------------------------------------

                           annual report to congress

        Sec. 403.\104\ (a) In General.--Not later than April 15
    \105\ of each year, the President \106\ shall submit to the
    Speaker of the House of Representatives and to the chairman of
    the Committee on Foreign Relations of the Senate a report
    prepared by the Secretary of State with the concurrence of the
    Director of Central Intelligence and in consultation with \107\
    the Secretary of Defense, the Secretary of Energy, and the
    Chairman of the Joint Chiefs of Staff,\108\ on the status of
    United States policy and actions with respect to arms control,
    nonproliferation, and disarmament. Such report shall include--
    ---------------------------------------------------------------------------
        \104\ 22 U.S.C. 2593a. Sec. 717(a)(3) of Public Law 103-236 (108
    Stat. 498) added this section as sec. 51. Sec. 717(a)(2) of that Act
    redesignated the former sec. 51, which pertained to foreign language
    specialists, as sec. 49. Sec. 717(a)(1) of the Act struck out the
    former sec. 50, which required an annual report concerning the
    activities of ACDA, and sec. 704(3) repealed sec. 52, entitled
    ``reports on adherence to and compliance with agreements''. This new
    sec. 51 incorporated the substance of the former sec. 52, which sec.
    703 of Public Law 99-93 had originally added, and sec. 5 of Public Law
    100-213 and sec. 401(c) of Public Law 103-199 had amended.
        Sec. 717(b) of that Act further provided:
        ``(b) Report on Revitalization of ACDA.--Not later than December
    31, 1995, the Director of the United States Arms Control and
    Disarmament Agency shall submit to the Speaker of the House of
    Representatives and the chairman of the Committee on Foreign Relations
    of the Senate a detailed report describing the actions that have been
    taken and that are underway to revitalize the United States Arms
    Control and Disarmament Agency pursuant to the provisions of this part
    and the amendments made by this part.''.
        Sec. 828(b) of that Act further provided:
        ``(b) Reporting on Demarches.--(1) It is the sense of the Congress
    that the Department of State should, in the course of implementing its
    reporting responsibilities under section 602(c) of the Nuclear Non-
    Proliferation Act of 1978, include a summary of demarches that the
    United States has issued or received from foreign governments with
    respect to activities which are of significance from the proliferation
    standpoint.
        ``(2) For purposes of this section, the term `demarche' means any
    official communication by one government to another, by written or oral
    means, intended by the originating government to express--
    ---------------------------------------------------------------------------

      ``(A) a concern over a past, present, or possible future action or
    activity of the recipient government, or of a person within the
    jurisdiction of that government, contributing to the global spread of
    unsafeguarded special nuclear material or of nuclear explosive devices;

      ``(B) a request for the recipient government to counter such action or
    activity; or

      ``(C) both the concern and request described in subparagraphs (A) and
    (B).''.
    ---------------------------------------------------------------------------

        Sec. 1223(21) of the Foreign Affairs Agencies Consolidation Act of
    1998 (subdivision A of division G of Public Law 105-277; 112 Stat.
    2681-772) redesignated this section from sec. 51.
        \105\ Sec. 1103 of the Security Assistance Act of 2002 (division B
    of Public Law 107-228; 116 Stat. 1426) struck out ``January 31'' and
    inserted in lieu thereof ``April 15''.
        \106\ In sec. 1(a)(15) of Executive Order 13313 of July 31, 2003
    (68 F.R. 46073; August 5, 2003), the President assigned the reporting
    duties in subsec. (a) to the Secretary of State.
        \107\ Sec. 1223(15)(A)(ii) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-771) struck out ``Director, in consultation
    with the Secretary of State,'' and inserted in lieu thereof ``Secretary
    of State with the concurrence of the Director of Central Intelligence
    and in consultation with''.
        \108\ Sec. 1223(15)(A)(iii) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-771) struck out ``the Chairman of the Joint
    Chiefs of Staff, and the Director of Central Intelligence'' and
    inserted in lieu thereof ``and the Chairman of the Joint Chiefs of
    Staff''.
    ---------------------------------------------------------------------------
              (1) a detailed statement concerning the arms control,
            nonproliferation,\109\ and disarmament objectives of
            the executive branch of Government for the forthcoming
            year;
    ---------------------------------------------------------------------------
        \109\ Sec. 1223(15)(A)(i) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-771) inserted ``, nonproliferation,'' after
    ``arms control''.
    ---------------------------------------------------------------------------
              (2) \110\ a detailed assessment of the status of any
            ongoing arms control, nonproliferation,\109\ or
            disarmament negotiations, including a comprehensive
            description of negotiations or other activities during
            the preceding year and an appraisal of the status and
            prospects for the forthcoming year;
    ---------------------------------------------------------------------------
        \110\ Sec. 1223(15)(A)(iv) and (v) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-771) struck out paras. (2) and (4), and
    redesignated the remaining paras. (3), (5), (6), and (7) as paras. (2)
    through (5), respectively. Former paras. (2) and (4) read as follows:
        ``(2) a detailed statement concerning the nonproliferation
    objectives of the executive branch of Government for the forthcoming
    year;''
        and
        ``(4) a detailed assessment of the status of any ongoing
    nonproliferation negotiations or other activities, including a
    comprehensive description of the negotiations or other activities
    during the preceding year and an appraisal of the status and prospects
    for the forthcoming year;''.
    ---------------------------------------------------------------------------
              (3) \110\ a detailed assessment of adherence of the
            United States to obligations undertaken in arms
            control, nonproliferation, and disarmament agreements,
            including information on the policies and organization
            of each relevant agency or department of the United
            States to ensure adherence to such obligations, a
            description of national security programs with a direct
            bearing on questions of adherence to such obligations
            and of steps being taken to ensure adherence, and a
            compilation of any substantive questions raised during
            the preceding year and any corrective action taken;
            \111\
    ---------------------------------------------------------------------------
        \111\ Sec. 828(a) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 520) first,
    struck out ``and'' at the end of this paragraph; second, struck out a
    period at the end of the next paragraph and inserted in lieu thereof
    ``; and''; and third, added a new para. (7). Sec. 1223(15)(A)(v) of the
    Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of
    division G of Public Law 105-277; 112 Stat. 2681-771) redesignated
    para. (7) of this section as para. (5) as reflected here.
    ---------------------------------------------------------------------------
              (4) \110\ a detailed assessment of the adherence of
            other nations to obligations undertaken in all arms
            control, nonproliferation, and disarmament agreements
            or commitments, including the Missile Technology
            Control Regime,\112\ to which the United States is a
            participating state, including information on actions
            taken by each nation with regard to the size,
            structure, and disposition of its military forces in
            order to comply with arms control, nonproliferation, or
            disarmament agreements or commitments,\113\ and shall
            include, in the case of each agreement or commitment
            \114\ about which compliance questions exist--
    ---------------------------------------------------------------------------
        \112\ Sec. 1113(a)(1)(A) of the Admiral James W. Nance and Meg
    Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
    (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
    113; 113 Stat. 1536), inserted ``or commitments, including the Missile
    Technology Control Regime,'' after ``agreements''.
        \113\ Sec. 1113(a)(1)(B) of the Admiral James W. Nance and Meg
    Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
    (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
    113; 113 Stat. 1536), inserted ``or commitments'' after ``agreements''.
        \114\ Sec. 1113(a)(1)(C) of the Admiral James W. Nance and Meg
    Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
    (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
    113; 113 Stat. 1536), inserted ``or commitment'' after ``agreement''.
    ---------------------------------------------------------------------------
                      (A) a description of each significant issue
                    raised and efforts made and contemplated with
                    the other participating state to seek
                    resolution of the difficulty;
                      (B) an assessment of damage, if any, to the
                    United States security and other interests; and
                      (C) recommendations as to any steps that
                    should be considered to redress any damage to
                    United States national security and to reduce
                    compliance problems; \115\
    ---------------------------------------------------------------------------
        \115\ Sec. 1113(a)(1)(D) of the Admiral James W. Nance and Meg
    Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
    (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
    113; 113 Stat. 1536) struck out ``and'' at the end of subpara. (C).
    ---------------------------------------------------------------------------
              (5) \110\,\111\ a discussion of any
            material noncompliance by foreign governments with
            their binding commitments to the United States with
            respect to the prevention of the spread of nuclear
            explosive devices (as defined in section 830(4) of the
            Nuclear Proliferation Prevention Act of 1994) by non-
            nuclear-weapon states (as defined in section 830(5) of
            that Act) or the acquisition by such states of
            unsafeguarded special nuclear material (as defined in
            section 830(8) of that Act), including--
                      (A) a net assessment of the aggregate
                    military significance of all such violations;
                      (B) a statement of the compliance policy of
                    the United States with respect to violations of
                    those commitments; and
                      (C) what actions, if any, the President has
                    taken or proposes to take to bring any nation
                    committing such a violation into compliance
                    with those commitments; and \116\
    ---------------------------------------------------------------------------
        \116\ Sec. 1113(a)(2) and (3) of the Admiral James W. Nance and Meg
    Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
    (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
    113; 113 Stat. 1536), struck out a period at the end of para. (5);
    inserted in lieu thereof ``; and''; and added a new para. (6).
    ---------------------------------------------------------------------------
              (6) \116\ a specific identification, to the maximum
            extent practicable in unclassified form, of each and
            every question that exists with respect to compliance
            by other countries with arms control, nonproliferation,
            and disarmament agreements with the United States.
        (b) Classification of the Report.--The report required by
    this section shall be submitted in unclassified form, with
    classified annexes, as appropriate. The portions of this report
    described in paragraphs (4) and (5) of subsection (a) shall
    summarize in detail, at least in classified annexes, the
    information, analysis, and conclusions relevant to possible
    noncompliance by other nations that are provided by United
    States intelligence agencies.\117\
    ---------------------------------------------------------------------------
        \117\ Sec. 1223(15)(B) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-771) added the second sentence to this
    subsection.
    ---------------------------------------------------------------------------
        (c) \118\ Reporting Consecutive Noncompliance.--If the
    President in consecutive reports submitted to the Congress
    under this section reports that any designated nation is not in
    full compliance with its binding nonproliferation commitments
    to the United States, then the President shall include in the
    second such report an assessment of what actions are necessary
    to compensate for such violations.
    ---------------------------------------------------------------------------
        \118\ Sec. 828(a)(4) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 520), added
    subsec. (c).
    ---------------------------------------------------------------------------
        (d) \119\ Each report required by this section shall
    include a discussion of each significant issue described in
    subsection (a)(6) that was contained in a previous report
    issued under this section during 1995, or after December 31,
    1995, until the question or concern has been resolved and such
    resolution has been reported in detail to the appropriate
    committees of Congress (as defined in section 1102(1) of the
    Arms Control, Non-Proliferation, and Security Assistance Act of
    1999).
    ---------------------------------------------------------------------------
        \119\ Sec. 1113(b) of the Admiral James W. Nance and Meg Donovan
    Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
    3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
    113 Stat. 1536), added subsec. (d).
    ---------------------------------------------------------------------------

     public annual report on world military expenditures and arms transfers

        Sec. 404.\120\ Not later than December 31 of each year, the
    Secretary of State \121\ shall publish an unclassified report
    on world military expenditures and arms transfers. Such report
    shall provide detailed, comprehensive, and statistical
    information regarding military expenditures, arms transfers,
    armed forces, and related economic data for each country of the
    world. In addition, such report shall include pertinent in-
    depth analyses as well as highlights with respect to arms
    transfers and proliferation trends and initiatives affecting
    such developments.
    ---------------------------------------------------------------------------
        \120\ 22 U.S.C. 2593b. Sec. 717(a)(3) of Public Law 103-236 (108
    Stat. 498) added this section as sec. 52. Sec. 704(3) of that Act
    repealed the former sec. 52, entitled ``reports on adherence to an
    compliance with agreements''. Sec. 717(a)(3) of that Act incorporated
    the substance of the former sec. 52 into a new sec. 51. Sec. 1223(21)
    of the Foreign Affairs Agencies Consolidation Act of 1998 (subdivision
    A of division G of Public Law 105-277; 112 Stat. 2681-772) redesignated
    this section from sec. 52.
        \121\ Sec. 1223(16) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-772) struck out ``Director'' and inserted in lieu thereof
    ``Secretary of State''.
    ---------------------------------------------------------------------------
        Sec. 53.\122\ [Repealed--1998]
    ---------------------------------------------------------------------------
        \122\ Formerly at 22 U.S.C. 2593c. Sec. 718(a) of Public Law 103-
    236 (108 Stat. 500) originally added this section. Sec. 1222 of the
    Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of
    division G of Public Law 105-277; 112 Stat. 2681-768) repealed this
    section, which pertained to the requirement to authorize
    appropriations. For a comprehensive history of authorization and
    appropriations levels, see footnotes relating to this section in
    Legislation on Foreign Relations Through 1996, vol. II, beginning at
    page 1252.
    ---------------------------------------------------------------------------
        Sec. 54.\123\ [Repealed--1998]
    ---------------------------------------------------------------------------
        \123\ Formerly at 22 U.S.C. 2593d. Sec. 718(a) of Public Law 103-
    236 (108 Stat. 500) originally added this section. Sec. 1222 of the
    Foreign Affairs Agencies Consolidation Act of 1998 (subdivision A of
    division G of Public Law 105-277; 112 Stat. 2681-768) repealed this
    section, which pertained to transfer of funds, notification, and
    reprogramming.
    ---------------------------------------------------------------------------

                  TITLE V--ON-SITE INSPECTION ACTIVITIES \124\

                                    findings

        Sec. 501.\125\ The Congress finds that--
    ---------------------------------------------------------------------------
        \124\ For related legislation on United States program for on-site
    inspections under arms control agreements, see sec. 1014 of the
    National Defense Authorization Act for Fiscal Years 1990 and 1991
    (Public Law 101-189; 103 Stat. 1547).
        \125\ 22 U.S.C. 2595. Sec. 201 of Public Law 101-216 originally
    added this section as sec. 61. Sec. 1223(21) of the Foreign Affairs
    Agencies Consolidation Act of 1998 (subdivision A of division G of
    Public Law 105-277; 112 Stat. 2681-772) redesignated this section from
    sec. 61.
    ---------------------------------------------------------------------------
              (1) under this Act, the Department of State \126\ is
            charged with the ``formulation and implementation of
            United States arms control and disarmament policy in a
            manner which will promote the national security'';
    ---------------------------------------------------------------------------
        \126\ Sec. 1223(17)(A) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-772) struck out ``United States Arms Control
    and Disarmament Agency'' and inserted in lieu thereof ``Department of
    State''.
    ---------------------------------------------------------------------------
              (2) \127\ the On-Site Inspection Agency was
            established in 1988 pursuant to the INF Treaty to
            implement, on behalf of the United States, the
            inspection provisions of the INF Treaty;
    ---------------------------------------------------------------------------
        \127\ Sec. 1223(17)(B) and (C) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-772) struck out para. (2) and redesignated
    paras. (3) through (7) as paras. (2) through (6). Former para. (2)
    provided as follows:
        ``(2) as defined in this Act, the terms `arms control' and
    `disarmament' means `the identification, verification, inspection,
    limitation, control, reduction, or elimination, of armed forces and
    armaments of all kinds under international agreement to establish an
    effective system of international control';''.
    ---------------------------------------------------------------------------
              (3) \127\ on-site inspection activities under the INF
            Treaty include--
                      (A) inspections in Russia, Ukraine,
                    Kazakhstan, Belarus, Turkmenistan, Uzbekistan,
                    the Czech Republic, and Germany,\128\
    ---------------------------------------------------------------------------
        \128\ Sec. 401(d)(1) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2324) struck out ``the Soviet Union, Czechoslovakia, and the
    German Democratic Republic'', and inserted in lieu thereof ``Russia,
    Ukraine, Kazakhstan, Belarus, Turkmenistan, Uzbekistan, the Czech
    Republic, and Germany''.
    ---------------------------------------------------------------------------
                      (B) escort duties for \129\ teams visiting
                    the United States and the Basing Countries,
    ---------------------------------------------------------------------------
        \129\ Sec. 401(d)(2) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2324) struck out ``Soviet'' at this point.
    ---------------------------------------------------------------------------
                      (C) establishment and operation of the Portal
                    Monitoring Facility in Russia,\130\ and
    ---------------------------------------------------------------------------
        \130\ Sec. 401(d)(3) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2324) struck out ``the Soviet Union'' and inserted in lieu
    thereof ``Russia''.
    ---------------------------------------------------------------------------
                      (D) support for the \131\ inspectors at the
                    Portal Monitoring Facility in Utah;
    ---------------------------------------------------------------------------
        \131\ Sec. 401(d)(4) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2324) struck out ``Soviet'' at this point.
    ---------------------------------------------------------------------------
              (4) \132\ the On-Site Inspection Agency has
            additional responsibilities to those specified in
            paragraph (3),\133\ including the monitoring of nuclear
            tests pursuant to the Threshold Test Ban Treaty and the
            Peaceful Nuclear Explosions Treaty and the monitoring
            of the inspection provisions of such additional arms
            control agreements as the President may direct;
    ---------------------------------------------------------------------------
        \132\ Sec. 402(a)(1) of Public Law 102-228 redesignated paras. (5)
    and (6) as paras. (6) and (7), respectively, and added a new para. (5).
    Sec. 1223(17)(C) of the Foreign Affairs Agencies Consolidation Act of
    1998 (subdivision A of division G of Public Law 105-277; 112 Stat.
    2681-772) subsequently redesignated paras. (3) through (7) as paras.
    (2) through (6).
        \133\ Sec. 1223(17)(D) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-772) struck out ``paragraph (4)'' and inserted
    in lieu thereof ``paragraph (3)''.
    ---------------------------------------------------------------------------
              (5) \132\ the personnel of the On-Site Inspection
            Agency include civilian technical experts, civilian
            support personnel, and members of the Armed Forces; and
              (6) \132\ the senior officials of the On-Site
            Inspection Agency include representatives from the
            \134\ Department of State.
    ---------------------------------------------------------------------------
        \134\ Sec. 1223(17)(E) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-772) struck out ``United States Arms Control
    and Disarmament Agency and the'' at this point.
    ---------------------------------------------------------------------------

      policy coordination concerning implementation of on-site inspection
                                   provisions

        Sec. 502.\135\ (a) Interagency Coordination.--OSIA should
    receive policy guidance which is formulated through an
    interagency mechanism established by the President.
    ---------------------------------------------------------------------------
        \135\ 22 U.S.C. 2595a. Sec. 201 of Public Law 101-216 originally
    added this section. Sec. 1223(21) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-772) redesignated this section from sec. 62.
    ---------------------------------------------------------------------------
        (b) Role of the Secretary of Defense.--The Secretary of
    Defense should provide to OSIA appropriate policy guidance
    formulated through the interagency mechanism described in
    subsection (a) and operational direction, consistent with
    section 113(b) of title 10, United States Code.
        (c) Role of the Secretary of State. \136\--The Secretary of
    State \136\ should provide to the interagency mechanism
    described in subsection (a) appropriate recommendations for
    policy guidance to OSIA consistent with sections 102(3) and
    304(b) \137\ of this Act.
    ---------------------------------------------------------------------------
        \136\ Sec. 1223(18)(A)(i) and (B) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-772) struck out ``Director'' and inserted in
    lieu thereof ``Secretary of State'' in the subsection heading and in
    the first sentence.
        \137\ Sec. 1223(18)(A)(ii) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-772) struck out ``2(d), 22, and 34(c)'' and
    inserted in lieu thereof ``102(3) and 304(b)''.
    ---------------------------------------------------------------------------
        Sec. 63.\138\ [Repealed--1998]
    ---------------------------------------------------------------------------
        \138\ Formerly at 22 U.S.C. 2595b. Sec. 201 of Public Law 101-216
    originally added this section. Sec. 1222 of the Foreign Affairs
    Agencies Consolidation Act of 1998 (subdivision A of division G of
    Public Law 105-277; 112 Stat. 2681-768) subsequently repealed this
    section, which pertained to authorizations of appropriations for on-
    site inspection.
    ---------------------------------------------------------------------------

    SEC. 503.\139\ REVIEW OF CERTAIN REPROGRAMMING NOTIFICATIONS.

        Any \140\ notification submitted to the Congress with
    respect to a proposed transfer, reprogramming, or reallocation
    of funds from or within the budget of OSIA shall also be
    submitted to the Committee on International Relations \141\ of
    the House of Representatives and the Committee on Foreign
    Relations of the Senate, and shall be subject to review by
    those committees.
    ---------------------------------------------------------------------------
        \139\ 22 U.S.C. 2595b-1. Sec. 402(b)(2) of Public Law 102-228 added
    this section as sec. 64. Sec. 1223(19)(A) and (B) of the Foreign
    Affairs Agencies Consolidation Act of 1998 (subdivision A of division G
    of Public Law 105-277; 112 Stat. 2681-772) redesignated the section as
    sec. 503, restated the section catchline, and struck out subsec. (a),
    which required the President to file a one-time report on On-Site
    Inspection Activities. Sec. 1223(21) of that Act also redesignated the
    section as sec. 503.
        \140\ Sec. 1223(19)(C)(i) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-772) struck out ``(b) Review of Certain
    Reprogramming Notifications.--'' at the beginning of the section.
        \141\ Sec. 1223(19)(C)(ii) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-772) struck out ``Foreign Affairs'' and
    inserted in lieu thereof ``International Relations''.
    ---------------------------------------------------------------------------

                                  definitions

        Sec. 504.\142\ As used in this title--
    ---------------------------------------------------------------------------
        \142\ 22 U.S.C. 2595c. Sec. 201 of Public Law 101-216 added this
    section as sec. 64. Sec. 402(b)(1) of Public Law 102-228 redesignated
    this section as sec. 65, and sec. 1223(21) of the Foreign Affairs
    Agencies Consolidation Act of 1998 (subdivision A of division G of
    Public Law 105-277; 112 Stat. 2681-772) further redesignated the
    section from sec. 65.
    ---------------------------------------------------------------------------
              (1) the term ``INF Treaty'' means the Treaty Between
            the United States of America \143\ and the Union of
            Soviet Socialist Republics on the Elimination of Their
            Intermediate-Range and Shorter-Range Missiles (signed
            at Washington, December 8, 1987); \144\
    ---------------------------------------------------------------------------
        \143\ Sec. 1223(20) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-772) inserted ``of America'' after ``United States''.
        \144\ Sec. 402(b)(2) of Public Law 102-228 struck out ``and'' at
    the end of para. (1); struck out the period at the end of para. (2) and
    inserted in lieu thereof a semicolon; and added new paras. (3) and (4).
    ---------------------------------------------------------------------------
              (2) the term ``OSIA'' means the On-Site Inspection
            Agency established by the President, or such other
            agency as may be designated by the President to carry
            out the on-site inspection provisions of the INF
            Treaty; \144\
              (3) \144\ the term ``Peaceful Nuclear Explosions
            Treaty means the Treaty Between the United States of
            America and the Union of Soviet Socialist Republics on
            Underground Nuclear Explosions for Peaceful Purposes
            (signed at Washington and Moscow, May 28, 1976); and
              (4) \144\ the term ``Threshold Test Ban Treaty''
            means the Treaty Between the United States of America
            and the Union of Soviet Socialist Republics on the
            Limitation of Underground Nuclear Weapons Tests (signed
            at Moscow, July 3, 1974).
           2. Arms Control and Disarmament Authorization--Prior Years

      a. Arms Control and Nonproliferation Authorization--Fiscal Year 2003

      Partial text of Public Law 107-228 [Foreign Relations Authorization
     Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
                                    30, 2002

              * * * * * * *

                DIVISION B--SECURITY ASSISTANCE ACT OF 2002 \1\

                          TITLE X--GENERAL PROVISIONS

    SEC. 1001. SHORT TITLE.

        This division may be cited as the ``Security Assistance Act
    of 2002.''
    ---------------------------------------------------------------------------
        \1\ Freestanding sections of the Security Assistance Act of 2002
    may be found in Legislation on Foreign Relations Through 2005, vol. I-
    B.
    ---------------------------------------------------------------------------
              * * * * * * *

     TITLE XI--VERIFICATION OF ARMS CONTROL AND NONPROLIFERATION AGREEMENTS

    SEC. 1101. VERIFICATION AND COMPLIANCE BUREAU PERSONNEL.

        (a) In General.--Of the amount authorized to be
    appropriated by section 111(a)(1)(A), $14,000,000 is authorized
    to be available for the Bureau of Verification and Compliance
    of the Department of State for Bureau-administered activities,
    including the Key Verification Assets Fund and to upgrade
    Bureau spaces for certification as a Sensitive Compartmented
    Information Facility (SCIF).
        (b) Additional Personnel.--In addition to the amount made
    available under subsection (a), $1,800,000 is authorized to be
    available for the fiscal year 2003 from the Department's
    American Salaries Account, for the purpose of hiring new
    personnel to carry out the Bureau's responsibilities, as set
    forth in section 112 of the Arms Export Control and
    Nonproliferation Act of 1999 (113 Stat. 1501A-486), as enacted
    into law by section 1000(a)(7) of Public Law 106-113, including
    the assignment of one full-time person to the Bureau to manage
    the document control, tracking, and printing requirements of
    the Bureau's operation in a SCIF.

    SEC. 1102. KEY VERIFICATION ASSETS FUND.

        Of the total amount made available to the Department for
    fiscal year 2003, $7,000,000 is authorized to be available
    within the Verification and Compliance Bureau's account to
    carry out section 1111 of the Arms Control and Nonproliferation
    Act of 1999 (113 Stat. 1501A-486), as enacted into law by
    section 1000(a)(7) of Public Law 106-113.

    SEC. 1103. REVISED VERIFICATION AND COMPLIANCE REPORTING REQUIREMENTS.

        Section 403(a) of the Arms Control and Disarmament Act (22
    U.S.C. 2593a(a)) is amended * * *
                b. Arms Control and Nonproliferation Act of 1999

     Partial text of Public Law 106-113 [Consolidated Appropriations Act,
     2000; H.R. 3194, enacting by reference the Admiral James W. Nance and
    Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
          2001; H.R. 3427], 113 Stat. 1501, approved November 29, 1999

     AN ACT Making consolidated appropriations for the fiscal year ending
                  September 30, 2000, 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 serveral
    departments, agencies, corporations and other organizational
    units of the Government for the fiscal year 2000, and for other
    purposes, namely:
              * * * * * * *

                                   DIVISION B

        Sec. 1000. (a) The provisions of the following bills are
    hereby enacted into law:
              (1)-(6) * * *
              (7) H.R. 3427 of the 106th Congress, as introduced on
            November 17, 1999, * * *
              (8)-(9) * * *
              * * * * * * *

                             APPENDIX G--H.R. 3427

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Admiral James W. Nance and
    Meg Donovan Foreign Relations Authorization Act, Fiscal Years
    2000 and 2001''.
              * * * * * * *

      DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE
                                   PROVISIONS

    SEC. 1001.\1\ SHORT TITLE.

        This division may be cited as the ``Arms Control,
    Nonproliferation, and Security Assistance Act of 1999''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2751 note.
    ---------------------------------------------------------------------------

                  TITLE XI--ARMS CONTROL AND NONPROLIFERATION

    SEC. 1101. SHORT TITLE.

        This title may be cited as the ``Arms Control and
    Nonproliferation Act of 1999''.

    SEC. 1102.\2\ DEFINITIONS.

        In this title:
              (1) Appropriate committees of congress.--The term
            ``appropriate committees of Congress'' means the
            Committee on International Relations and the Permanent
            Select Committee on Intelligence of the House of
            Representatives and the Committee on Foreign Relations
            and the Select Committee on Intelligence of the Senate.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2652c note.
    ---------------------------------------------------------------------------
              (2) Assistant secretary.--The term ``Assistant
            Secretary'' means the position of Assistant Secretary
            of State for Verification and Compliance designated
            under section 1112.
              (3) Executive agency.--The term ``Executive agency''
            has the meaning given the term in section 105 of title
            5, United States Code.
              (4) Intelligence community.--The term ``intelligence
            community'' has the meaning given the term in section
            3(4) of the National Security Act of 1947 (50 U.S.C.
            401a(4)).
              (5) START treaty or treaty.--The term ``START
            Treaty'' or ``Treaty'' means the Treaty With the Union
            of Soviet Socialist Republics on the Reduction and
            Limitation of Strategic Offensive Arms, including all
            agreed statements, annexes, protocols, and memoranda,
            signed at Moscow on July 31, 1991.
              (6) START ii treaty.--The term ``START II Treaty''
            means the Treaty Between the United States of America
            and the Russian Federation on Further Reduction and
            Limitation of Strategic Offensive Arms, and related
            protocols and memorandum of understanding, signed at
            Moscow on January 3, 1993.

                            Subtitle A--Arms Control

       CHAPTER 1--EFFECTIVE VERIFICATION OF COMPLIANCE WITH ARMS CONTROL
                                   AGREEMENTS

    SEC. 1111. KEY VERIFICATION ASSETS FUND.

        (a) In General.--The Secretary of State is authorized to
    transfer funds available to the Department of State under this
    section to the Department of Defense, the Department of Energy,
    or any agency, entity, or component of the intelligence
    community, as needed, for retaining, researching, developing,
    or acquiring technologies or programs relating to the
    verification of arms control, nonproliferation, and disarmament
    agreements or commitments.
        (b) Prohibition on Reprogramming.--Notwithstanding any
    other provision of law, funds made available to carry out this
    section may not be used for any purpose other than the purposes
    specified in subsection (a).
        (c) Funding.--Of the total amount of funds authorized to be
    appropriated to the Department of State by this Act for the
    fiscal years 2000 and 2001, $5,000,000 is authorized to be
    available for each such fiscal year to carry out subsection
    (a).
        (d) Designation of Fund.--Amounts made available under
    subsection (c) may be referred to as the ``Key Verification
    Assets Fund''.

    SEC. 1112.\3\ ASSISTANT SECRETARY OF STATE FOR VERIFICATION AND
                        COMPLIANCE.

        (a) Designation of Position.--The Secretary of State shall
    designate one of the Assistant Secretaries of State authorized
    by section 1(c)(1) of the State Department Basic Authorities
    Act of 1956 (22 U.S.C. 2651a(c)(1)) as the Assistant Secretary
    of State for Verification and Compliance. The Assistant
    Secretary shall report to the Under Secretary of State for Arms
    Control and International Security.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2652c.
    ---------------------------------------------------------------------------
        (b) Directive Governing the Assistant Secretary of State.--
              (1) In general.--Not later than 30 days after the
            date of enactment of this Act, the Secretary of State
            shall issue a directive governing the position of the
            Assistant Secretary.
              (2) Elements of the directive.--The directive issued
            under paragraph (1) shall set forth, consistent with
            this section--
                      (A) the duties of the Assistant Secretary;
                      (B) the relationships between the Assistant
                    Secretary and other officials of the Department
                    of State;
                      (C) any delegation of authority from the
                    Secretary of State to the Assistant Secretary;
                    and
                      (D) such matters as the Secretary considers
                    appropriate.
        (c) Duties.--
              (1) In general.--The Assistant Secretary shall have
            as his principal responsibility the overall supervision
            (including oversight of policy and resources) within
            the Department of State of all matters relating to
            verification and compliance with international arms
            control, nonproliferation, and disarmament agreements
            or commitments.
              (2) Participation of the assistant secretary.--
                      (A) Primary role.--Except as provided in
                    subparagraphs (B) and (C), the Assistant
                    Secretary, or his designee, shall participate
                    in all interagency groups or organizations
                    within the executive branch of Government that
                    assess, analyze, or review United States
                    planned or ongoing policies, programs, or
                    actions that have a direct bearing on
                    verification or compliance matters, including
                    interagency intelligence committees concerned
                    with the development or exploitation of
                    measurement or signals intelligence or other
                    national technical means of verification.
                      (B) Requirement for designation.--
                    Subparagraph (A) shall not apply to groups or
                    organizations on which the Secretary of State
                    or the Undersecretary of State for Arms Control
                    and International Security sits, unless such
                    official designates the Assistant Secretary to
                    attend in his stead.
                      (C) National security limitation.--
                              (i) Waiver by president.--The
                            President may waive the provisions of
                            subparagraph (A) if inclusion of the
                            Assistant Secretary would not be in the
                            national security interests of the
                            United States.
                              (ii) Waiver by others.--With respect
                            to an interagency group or
                            organization, or meeting thereof,
                            working with exceptionally sensitive
                            information contained in compartments
                            under the control of the Director of
                            Central Intelligence, the Secretary of
                            Defense, or the Secretary of Energy,
                            such Director or Secretary, as the case
                            may be, may waive the provision of
                            subparagraph (A) if inclusion of the
                            Assistant Secretary would not be in the
                            national security interests of the
                            United States.
                              (iii) Transmission of waiver to
                            congress.--Any waiver of participation
                            under clause (i) or (ii) shall be
                            transmitted in writing to the
                            appropriate committees of Congress.
              (3) Relationship to the intelligence community.--The
            Assistant Secretary shall be the principal policy
            community representative to the intelligence community
            on verification and compliance matters.
              (4) Reporting responsibilities.--The Assistant
            Secretary shall have responsibility within the
            Department of State for--
                      (A) all reports required pursuant to section
                    306 of the Arms Control and Disarmament Act (22
                    U.S.C. 2577);
                      (B) so much of the report required under
                    paragraphs (4) through (6) of section 403(a) of
                    the Arms Control and Disarmament Act (22 U.S.C.
                    2593a(a)(4) through (6)) as relates to
                    verification or compliance matters; and
                      (C) other reports being prepared by the
                    Department of State as of the date of enactment
                    of this Act relating to arms control,
                    nonproliferation, or disarmament verification
                    or compliance matters.

    SEC. 1113. ENHANCED ANNUAL (``PELL'') REPORT.

        (a) Annual Report.--Section 403(a) of the Arms Control and
    Disarmament Act (22 U.S.C. 2593a(a)) is amended-- * * *
        (b) Additional Requirement.--Section 403 of the Arms
    Control and Disarmament Act (22 U.S.C. 2593a) is amended by
    adding at the end the following: * * *

    SEC. 1114. REPORT ON START AND START II TREATIES MONITORING ISSUES.

        (a) Report.--Not later than 180 days after the date of
    enactment of this Act, the Director of Central Intelligence
    shall submit to the appropriate committees of Congress a
    detailed report in classified form. Such report shall include
    the following:
              (1) A comprehensive identification of all monitoring
            activities associated with the START Treaty and the
            START II Treaty.
              (2) The specific intelligence community assets and
            capabilities, including analytical capabilities, that
            the Senate was informed, prior to the Senate giving its
            advice and consent to ratification of the treaties,
            would be necessary to accomplish those activities.
              (3) An identification of the extent to which those
            assets and capabilities have, or have not, been
            attained or retained, and the corresponding effect this
            has had upon United States monitoring confidence
            levels.
              (4) An assessment of any Russian activities relating
            to the START Treaty which have had an impact upon the
            ability of the United States to monitor Russian
            adherence to the Treaty.
        (b) Compartmented Annex.--Exceptionally sensitive,
    compartmented information in the report required by this
    section may be provided in a compartmented annex submitted to
    the Select Committee on Intelligence of the Senate and the
    Permanent Select Committee on Intelligence of the House of
    Representatives.

    SEC. 1115. STANDARDS FOR VERIFICATION.

        (a) Verification of Compliance.--Section 306(a) of the Arms
    Control and Disarmament Act (22 U.S.C. 2577(a)) is amended in
    the matter preceding paragraph (1) by striking ``adequately''.
        (b) Assessments Upon Request.--Section 306 of the Arms
    Control and Disarmament Act (22 U.S.C. 2577) is amended-- * * *

    SEC. 1116.\4\ CONTRIBUTION TO THE ADVANCEMENT OF SEISMOLOGY.

        The United States Government shall, to the maximum extent
    practicable, make available to the public in real time, or as
    quickly as possible, all raw seismological data provided to the
    United States Government by any international organization that
    is directly responsible for seismological monitoring.
    ---------------------------------------------------------------------------
        \4\ 42 U.S.C. 7704 note.
    ---------------------------------------------------------------------------

    SEC. 1117.\5\ PROTECTION OF UNITED STATES COMPANIES.

        (a) Reimbursement.--During the 2-year period beginning on
    the date of the enactment of this Act, the United States
    National Authority (as designated pursuant to section 101 of
    the Chemical Weapons Convention Implementation Act of 1998 (as
    contained in division I of Public Law 105-277)) shall, upon
    request of the Director of the Federal Bureau of Investigation,
    reimburse the Federal Bureau of Investigation for all costs
    incurred by the Bureau for such period in connection with
    implementation of section 303(b)(2)(A) of that Act, except that
    such reimbursement may not exceed $2,000,000 for such 2-year
    period.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 6723 note.
    ---------------------------------------------------------------------------
        (b) Report.--Not later than 180 days prior to the
    expiration of the 2-year period described in subsection (a),
    the Director of the Federal Bureau of Investigation shall
    prepare and submit to the Committee on International Relations
    of the House of Representatives and the Committee on Foreign
    Relations of the Senate a report on how activities under
    section 303(b)(2)(A) of the Chemical Weapons Convention
    Implementation Act of 1998 will be fully funded and implemented
    by the Federal Bureau of Investigation notwithstanding the
    expiration of the 2-year period described in subsection (a).

    SEC. 1118.\6\ REQUIREMENT FOR TRANSMITTAL OF SUMMARIES.

        Whenever a United States delegation engaging in
    negotiations on arms control, nonproliferation, or disarmament
    submits to the Secretary of State a summary of the activities
    of the delegation or the status of those negotiations, a copy
    of each such summary shall be further transmitted by the
    Secretary of State to the Committee on Foreign Relations of the
    Senate and to the Committee on International Relations of the
    House of Representatives promptly.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 2593a note.
        \7\ For chapter 2, see this section, under ``Nonproliferation of
    Weapons of Mass Destruction''.
    ---------------------------------------------------------------------------

      CHAPTER 2--MATTERS RELATING TO THE CONTROL OF BIOLOGICAL WEAPONS \7\

              * * * * * * *
    c. Arms Control and Disarmament Agency--Authorization, Fiscal Year 1999

    Partial text of Public Law 105-277 [Omnibus Consolidated and Emergency
      Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681,
                           approved October 21, 1998

              * * * * * * *

                 SUBDIVISION B--FOREIGN RELATIONS AUTHORIZATION

                          TITLE XX--GENERAL PROVISIONS

    SEC. 2001. SHORT TITLE.

        This subdivision may be cited as the ``Foreign Relations
    Authorization Act, Fiscal Years 1998 and 1999''.

    SEC. 2002. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.

        In this subdivision, the term ``appropriate congressional
    committees'' means the Committee on International Relations of
    the House of Representatives and the Committee on Foreign
    Relations of the Senate.
              * * * * * * *

         TITLE XXVI--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

    SEC. 2601. AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated to carry out the
    purposes of the Arms Control and Disarmament Act $41,500,000
    for the fiscal year 1999.

    SEC. 2602. STATUTORY CONSTRUCTION.

        Section 303 of the Arms Control and Disarmament Act (22
    U.S.C. 2573), as redesignated by section 2223 of this division,
    is amended by adding at the end the following new subsection: *
    * *
              * * * * * * *
                d. Arms Control and Nonproliferation Act of 1994

       Partial text of part A, title VII, of Public Law 103-236 [Foreign
     Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333],
                 108 Stat. 382 at 491, approved April 30, 1994

                            TITLE VII--ARMS CONTROL

             PART A--ARMS CONTROL AND NONPROLIFERATION ACT OF 1994

    SEC. 701. SHORT TITLE; REFERENCES IN PART; TABLE OF CONTENTS.

        (a) \1\ Short Title.--This part may be cited as the ``Arms
    Control and Nonproliferation Act of 1994''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2551 note.
    ---------------------------------------------------------------------------
        (b) References in Part.--Except as specifically provided in
    this part, whenever in this part an amendment or repeal is
    expressed as an amendment to or repeal of a provision, the
    reference shall be deemed to be made to the Arms Control and
    Disarmament Act. \2\
    ---------------------------------------------------------------------------
        \2\ The Arms Control and Disarmament Act (Public Law 87-297), as
    published in this volume, reflects all such amendments at the
    appropriate places.
    ---------------------------------------------------------------------------

    SEC. 702. CONGRESSIONAL DECLARATIONS; PURPOSE.

        (a) Congressional Declarations.--The Congress declares
    that--
              (1) a fundamental goal of the United States,
            particularly in the wake of the highly turbulent and
            uncertain international situation fostered by the end
            of the Cold War, the disintegration of the Soviet Union
            and the resulting emergence of fifteen new independent
            states, and the revolutionary changes in Eastern
            Europe, is to prevent the proliferation of nuclear
            weapons and their means of delivery and of advanced
            conventional armaments, to eliminate chemical and
            biological weapons, and to reduce and limit the large
            numbers of nuclear weapons in the former Soviet Union,
            as well as to prevent regional conflicts and
            conventional arms races; and
              (2) an ultimate goal of the United States continues
            to be a world in which the use of force is subordinated
            to the rule of law and international change is achieved
            peacefully without the danger and burden of
            destabilizing and costly armaments.
        (b) Purpose.--The purpose of this part is--
              (1) to strengthen the United States Arms Control and
            Disarmament Agency; and
              (2) to improve congressional oversight of the arms
            control, nonproliferation, and disarmament activities
            of the United States Arms Control and Disarmament
            Agency, and of the Agency's operating budget.
              * * * * * * *

    SEC. 711. REPORT ON MEASURES TO COORDINATE RESEARCH AND DEVELOPMENT.

        Not later than December 31, 1994, the President shall
    submit to the Congress a report prepared by the Director of the
    United States Arms Control and Disarmament Agency, in
    coordination with the Secretary of State, the Secretary of
    Defense, the Secretary of Energy, the Chairman of the Joint
    Chiefs of Staff, and the Director of Central Intelligence, with
    respect to the procedures established pursuant to section 35 of
    the Arms Control and Disarmament Act (22 U.S.C. 2575) for the
    effective coordination of research and development on arms
    control, nonproliferation, and disarmament among all
    departments and agencies of the executive branch of Government.
              * * * * * * *

    SEC. 713. NEGOTIATING RECORDS.

        (a) In General.--The Arms Control and Disarmament Act is
    amended by inserting after section 37 the following: * * *
        (b) Report Required.--Not later than January 31, 1995, the
    Director of the United States Arms Control and Disarmament
    Agency shall submit to the Speaker of the House of
    Representatives and to the chairman of the Committee on Foreign
    Relations of the Senate a detailed report describing the
    actions he has undertaken to implement section 38 of the Arms
    Control and Disarmament Act.

    SEC. 714. AUTHORITIES WITH RESPECT TO NONPROLIFERATION MATTERS.

        (a) \3\ Amendments to the Arms Export Control Act.-- * * *
    ---------------------------------------------------------------------------
        \3\ For text of the Arms Export Control Act, see Legislation on
    Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
        (b) Amendment to the Nuclear Non-Proliferation Act.--
    Section 309(c) of the Nuclear Non-Proliferation Act of 1978 (42
    U.S.C. 2139a(c)) is amended * * *
              * * * * * * *

    SEC. 717. REPORTS.

        (a) In General.--Title IV of the Arms Control and
    Disarmament Act is amended-- * * *
        (b) \4\ Report on Revitalization of ACDA.--Not later than
    December 31, 1995, the Director of the United States Arms
    Control and Disarmament Agency shall submit to the Speaker of
    the House of Representatives and the chairman of the Committee
    on Foreign Relations of the Senate a detailed report describing
    the actions that have been taken and that are underway to
    revitalize the United States Arms Control and Disarmament
    Agency pursuant to the provisions of this part and the
    amendments made by this part.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 2551 note.
    ---------------------------------------------------------------------------
              * * * * * * *
    e. Arms Control and Disarmament Act Authorization for Fiscal Years 1990
                                    and 1991

        Partial text of Public Law 101-216 [H.R. 1495], 103 Stat. 1853,
                           approved December 11, 1989

              Note.--Except for the provisions included below, this
            Act consists of amendments to the Arms Control and
            Disarmament Act. Those amendments have been
            incorporated into that Act at the appropriate places.

       AN ACT To amend the Arms Control and Disarmament Act to authorize
      appropriations for the Arms Control and Disarmament Agency, and for
                                other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Arms Control and Disarmament
    Amendments Act of 1989''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2551 note.
    ---------------------------------------------------------------------------

                  TITLE I--ARMS CONTROL AND DISARMAMENT AGENCY

              * * * * * * *

    SEC. 104.\2\ ARMS CONTROL IMPLEMENTATION AND COMPLIANCE RESOLUTION.

        The Director for the United States Arms Control and
    Disarmament Agency should study, and report to the Congress on,
    the advisability of establishing in the Agency an arms control
    implementation and compliance resolution bureau, or other
    organizational unit, that would be responsible for--
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2565 note.
    ---------------------------------------------------------------------------
              (1) managing the implementation of existing and
            future arms control agreements;
              (2) coordinating the activities of the Special
            Verification Commission and the Standing Consultative
            Commission; and
              (3) preparing comprehensive analyses and policy
            positions regarding the effective resolution of arms
            control compliance questions.

    SEC. 105.\3\ ARMS CONTROL VERIFICATION.

        (a) Establishment of Working Group.--The President should
    establish a working group--
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2577a.
    ---------------------------------------------------------------------------
              (1) to examine verification approaches to a strategic
            arms reduction agreement and other arms control
            agreements; and
              (2) to assess the relevance for such agreements of
            the verification provisions of the Treaty Between the
            United States and the Union of Soviet Socialist
            Republics on the Elimination of Their Intermediate-
            Range and Shorter-Range Missiles (signed at Washington,
            December 8, 1987).
        (b) Information and Data Base.--(1) The Agency shall
    allocate sufficient resources to develop and maintain a
    comprehensive information and data base on verification
    concepts, research, technologies, and systems. The Agency shall
    collect, maintain, analyze, and disseminate information
    pertaining to arms control verification and monitoring,
    including information regarding--
              (A) all current United States bilateral and
            multilateral arms treaties; and
              (B) proposed, prospective, and potential bilateral or
            multilateral arms treaties in the areas of nuclear,
            conventional, chemical, and space weapons.
        (2) The Agency shall seek to improve United States
    verification and monitoring activities through the monitoring
    and support of relevant research and analysis.
        (3) The Agency shall provide detailed information on the
    activities pursuant to this section in its annual report to the
    Congress.

    SEC. 106. REPORTING REQUIREMENT ON PROSPECTS FOR CONVERSION OF UNITED
                        STATES DEFENSE INDUSTRIES.

        The Director of the United States Arms Control and
    Disarmament Agency, in consultation with the Secretary of
    Defense and the Secretary of Commerce, shall study, and (not
    later than 180 days after the date of enactment of this Act)
    submit to the Congress a report, on concrete steps which could
    be taken to improve prospects for conversion of portions of
    United States defense industries to nondefense-related
    activities as opportunities are presented through the
    achievement of successful arms control agreements.

                  TITLE II--ON-SITE INSPECTION ACTIVITIES \4\

              * * * * * * *
    ---------------------------------------------------------------------------
        \4\ Title II added a new title V to the Arms Control and
    Disarmament Act. For related legislation on United States program for
    on-site inspections under arms control agreements, see also sec. 1014
    of the National Defense Authorization Act for Fiscal Years 1990 and
    1991 (Public Law 101-189; 103 Stat. 1547).
    f. Arms Control and Disarmament Act Authorization for Fiscal Years 1988
                                    and 1989

        Partial text of Public Law 100-213 [H.R. 2689], 101 Stat. 1444,
                           approved December 24, 1987

              Note.--Except for the provisions included below, the
            Act authorizing appropriations for ACDA for fiscal
            years 1988 and 1989 consists of amendments to the Arms
            Control and Disarmament Act. Those amendments have been
            incorporated into that Act at the appropriate places.

       AN ACT To amend the Arms Control and Disarmament Act to authorize
    appropriations for the fiscal years 1988 and 1989 for the Arms Control
                and Disarmament Agency, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

      This Act may be cited as the ``Arms Control and Disarmament
    Amendments Act of 1987''.
              * * * * * * *

    SEC. 3. STANDING CONSULTATIVE COMMISSION.

      (a) Findings.--The Congress finds that--
              (1) the Standing Consultative Commission was
            established by the United States and the Soviet Union
            under Article XIII of the Treaty on the Limitation of
            Anti-Ballistic Missile Systems as a framework for
            considering and resolving questions concerning
            compliance with arms control obligations; and
              (2) the United States should raise and attempt to
            resolve issues relating to compliance by the United
            States and the Soviet Union with arms control
            agreements in the Standing Consultative Commission.
      (b) \1\ * * *
    ---------------------------------------------------------------------------
        \1\ Subsec. (b) amended title III of the Arms Control and
    Disarmament Act by adding a new sec. 38 requiring the President to
    submit to Congress an annual report on the activities of the Standing
    Consultative Commission.
    ---------------------------------------------------------------------------
      (c) Study and Report.--The Director of the United States Arms
    Control and Disarmament Agency shall conduct a study to
    determine how the Standing Consultative Commission could be
    used more effectively to resolve arms control compliance
    issues. The Director shall report the results of this study to
    the Speaker of the House of Representatives and the chairman of
    the Committee on Foreign Relations of the Senate within 6
    months after the date of enactment of this Act.
              * * * * * * *

    SEC. 6. ACDA INSPECTOR GENERAL.

      (a) \2\ * * *
    ---------------------------------------------------------------------------
        \2\ Subsec. (a) amended title IV of the Arms Control and
    Disarmament Act by adding a new sec. 53 establishing an Office of the
    Inspector General of the Arms Control and Disarmament Agency.
    ---------------------------------------------------------------------------
      (b) Survey of ACDA Classified Information Security.--Not
    later than 90 days after the date of enactment of this Act, the
    Inspector General of the United States Arms Control and
    Disarmament Agency--
              (1) shall conduct a survey of physical, personnel,
            document, and communications security programs,
            procedures, and practices at the Agency for the
            protection of classified information; and
              (2) shall submit a report on the results of that
            survey, together with such recommendations for
            improvement of classified information security at the
            Agency as the Inspector General considers appropriate,
            to the Director of the Agency and to the Committee on
            Foreign Affairs \3\ of the House of Representatives and
            the Committee on Foreign Relations of the Senate.
    ---------------------------------------------------------------------------
        \3\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    g. Arms Control and Disarmament Act Authorization for Fiscal Years 1986
                                    and 1987

    Partial text of Public Law 99-93 [Foreign Relations Authorization Act,
     Fiscal Years 1986 and 1987; H.R. 2068], 99 Stat. 405 at 444, approved
                                August 16, 1985

              Note.--Except for the provisions included below, this
            Act consists of amendments to the Arms Control and
            Disarmament Act and title V, United States Code. Those
            amendments have been incorporated at the appropriate
            places.

     AN ACT To authorize appropriations for fiscal years 1986 and 1987 for
      the Department of State, the United States Information Agency, the
         Board for International Broadcasting, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
              * * * * * * *

    SEC. 705. NEW BUILDING IN GENEVA FOR THE USE OF THE UNITED STATES ARMS
                        CONTROL NEGOTIATING TEAMS.

        (a) Findings.--The Congress finds that--
              (1) the United States is party to vital talks on arms
            control in Geneva, Switzerland;
              (2) these talks include negotiations on strategic
            nuclear weapons, intermediate range nuclear weapons,
            space and defense systems, a bilateral United States-
            Soviet forum, called the Standing Consultative
            Commission and a multilateral forum, called the
            Conference on Disarmament;
              (3) the United States delegations to these talks
            occupy buildings and spaces insufficiently secure,
            modernized, or large enough to permit those delegations
            to conduct their work efficiently;
              (4) the United States delegations to the strategic,
            intermediate and space and defense talks in particular
            occupy space in the Botanic Building that is also
            occupied by offices of numerous other, non-United
            States organizations, and shares common walls and
            parking facilities with these delegations;
              (5) arms control negotiations require sophisticated
            security facilities, telecommunications equipment,
            simultaneous translation capabilities and other
            specialized services; and
              (6) the Soviet Union, for its part, has made
            available for its negotiating team a modern, secure,
            well-equipped building dedicated for the use of its
            arms control negotiating teams.
        (b) Sense of Congress.--It is the sense of the Congress
    that--
              (1) in order to facilitate the effective work of the
            United States arms control negotiating teams, and to
            provide for them a dedicated structure capable of
            supporting their vital tasks on a permanent basis, the
            Secretary of State should submit to the Congress a
            report on the feasibility, cost, location, and
            requirements of a structure to house the United States
            arms control negotiating teams in Geneva;
              (2) this report should be submitted as soon as
            possible; and
              (3) this matter should be included in the
            consideration of the 1985 supplemental appropriation
            process.

    SEC. 706. STUDY OF MEASURES TO ENHANCE CRISIS STABILITY AND CONTROL.

        (a) Study.--The Secretary of State and the Director of the
    Arms Control and Disarmament Agency shall conduct a detailed
    and complete study and evaluation of additional measures which
    both enhance the security of the United States and reduce the
    likelihood of nuclear weapons use by contributing to crisis
    stability or crisis control capabilities, including specific
    consideration of the following measures:
              (1) Increased redundancy of direct communications
            link circuits, including the creation of new survivable
            circuits and terminals, located outside the national
            capital which have access to the command and control
            system of the country in which they are located.
              (2) Establishment of redundant, survivable direct
            communications links between and among all nuclear-
            armed states.
              (3) Conclusion of an agreement creating ``non-
            target'' sanctuaries only for certain direct
            communications link circuits to enhance survivability
            of communications.
              (4) Creation in advance of standard operating
            procedures for communicating, and possibly cooperating,
            with the Soviet Union and other states in the event of
            nuclear attacks by third parties on either the United
            States or Soviet Union.
              (5) Addition to the Incidents At Sea agreement of a
            prohibition on the ``locking on'' of fire control
            radars on ships and planes of the other side, an
            agreement on the separation of naval forces during
            specified periods of crisis, and other such measures
            relevant to the Incidents At Sea agreement.
              (6) Placement by the United States and the Soviet
            Union of unmanned launch sensors in the land-based
            missile fields of both countries.
              (7) Establishment of anti-submarine operations free
            zones designed to enhance the security of ballistic
            missile submarines.
              (8) Installation of permissive action links aboard
            the ballistic missile submarines of the United States,
            which might possibly be activated or deactivated at
            various levels of alert, and encouragement of the
            Soviet Union to do the same.
              (9) Establishment of training programs for National
            Command Authority officials to familiarize them with
            alert procedures, communications capabilities, nuclear
            weapons release authority procedures, and the crisis
            control and stability implications thereof.
              (10) Include in standard operating procedure the
            relocation in a crisis of a National Command Authority
            official outside Washington, D.C. to a secure location
            with access to the strategic command and control
            system, and announce the institution of this procedure
            to relevant foreign governments.
        (b) Report.--The Secretary of State and the Director of the
    Arms Control and Disarmament Agency shall submit a report of
    the study and evaluation under subsection (a) 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 \1\ by January 1, 1986. Such report should
    be available in both a classified, if necessary, and
    unclassified format.
    ---------------------------------------------------------------------------
        \1\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(5) of that
    Act provided that references to the Committee on Foreign Affairs shall
    be treated as referring to the Committee on International Relations.
    ---------------------------------------------------------------------------

    SEC. 707. POLICY TOWARD BANNING CHEMICAL WEAPONS.

        (a) Findings. --The Congress finds that--
              (1) chemical weapons are among the most terrible
            weapons in today's military arsenals;
              (2) it is the objective of the United States to
            eliminate the threat of chemical warfare through a
            comprehensive and verifiable ban on chemical weapons;
              (3) the United States is vigorously pursuing a
            multilateral agreement to ban chemical weapons;
              (4) the negotiation of a verifiable, bilateral
            agreement between the United States and the Soviet
            Union would be a significant step toward achieving a
            worldwide ban on chemical weapons;
              (5) bilateral discussions relating to a ban on
            chemical weapons took place in July and August of 1984
            between the United States and Soviet delegations to the
            Conference on Disarmament; and
              (6) such endeavors could serve the security interests
            of humankind.
        (b) Sense of Congress.--It is the sense of the Congress
    that the President--
              (1) should be commended for his efforts to negotiate
            a multilateral agreement banning chemical weapons;
              (2) should continue to pursue vigorously such an
            agreement; and
              (3) should seek the continuation and development of
            bilateral discussions between the United States and the
            Soviet Union to achieve a comprehensive and verifiable
            ban on chemical weapons.

    SEC. 708. POLICY REGARDING A JOINT STUDY BY THE UNITED STATES AND THE
                        SOVIET UNION OF THE CONSEQUENCES OF NUCLEAR WINTER.

        It is the sense of the Congress that the President should
    propose to the Government of the Soviet Union during any arms
    control talks held with such Government that--
              (1) the United States and the Soviet Union should
            jointly study the atmospheric, climatic, environmental,
            and biological consequences of nuclear explosions,
            sometimes known as ``nuclear winter'', and the impact
            that nuclear winter would have on the national security
            of both nations;
              (2) such a joint study should include the sharing and
            exchange of information and findings on the nuclear
            winter phenomena and make recommendations on possible
            joint research projects that would benefit both
            nations; and
              (3) at an appropriate time the other nuclear weapons
            states (the United Kingdom, France, and the People's
            Republic of China) should be involved in the study.
                        3. Cooperative Threat Reduction

               a. Cooperative Threat Reduction, Fiscal Year 2006

    Partial text of Public Law 109-163 [National Defense Authorization Act
     for Fiscal Year 2006; H.R. 1815], 119 Stat. 3136, approved January 6,
                                      2006

     AN ACT To authorize appropriations for fiscal year 2006 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
       military personnel strengths for such fiscal year, and for other
                                   purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 2006''.
              * * * * * * *

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 2006 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance, in
    amounts as follows:
              (1)-(18) * * *
              (19) For Cooperative Threat Reduction programs,
            $415,459,000.
              (20) * * *
              * * * * * * *

      TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
                                  SOVIET UNION

    Sec. 1301. Specification of Cooperative Threat Reduction programs and
              funds.
    Sec. 1302. Funding allocations.
    Sec. 1303. Permanent waiver of restrictions on use of funds for threat
              reduction in states of the former Soviet Union.
    Sec. 1304. Report on elimination of impediments to threat-reduction and
              nonproliferation programs in the former Soviet Union.
    Sec. 1305. Repeal of requirement for annual Comptroller General
              assessment of annual Department of Defense report on
              activities and assistance under Cooperative Threat Reduction
              programs.

    SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
                        FUNDS.

        (a) Specification of CTR Programs.--For purposes of section
    301 and other provisions of this Act, Cooperative Threat
    Reduction programs are the programs specified in section
    1501(b) of the National Defense Authorization Act for Fiscal
    Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
    note).
        (b) Fiscal Year 2006 Cooperative Threat Reduction Funds
    Defined.--As used in this title, the term ``fiscal year 2006
    Cooperative Threat Reduction funds'' means the funds
    appropriated pursuant to the authorization of appropriations in
    section 301 for Cooperative Threat Reduction programs.
        (c) Availability of Funds.--Funds appropriated pursuant to
    the authorization of appropriations in section 301 for
    Cooperative Threat Reduction programs shall be available for
    obligation for three fiscal years.

    SEC. 1302. FUNDING ALLOCATIONS.

        (a) Funding for Specific Purposes.--Of the $415,549,000
    authorized to be appropriated to the Department of Defense for
    fiscal year 2006 in section 301(19) for Cooperative Threat
    Reduction programs, the following amounts may be obligated for
    the purposes specified:
              (1) For strategic offensive arms elimination in
            Russia, $78,900,000.
              (2) For nuclear weapons storage security in Russia,
            $74,100,000.
              (3) For nuclear weapons transportation security in
            Russia, $30,000,000.
              (4) For weapons of mass destruction proliferation
            prevention in the states of the former Soviet Union,
            $40,600,000.
              (5) For biological weapons proliferation prevention
            in the former Soviet Union, $60,849,000.
              (6) For chemical weapons destruction in Russia,
            $108,500,000.
              (7) For defense and military contacts, $8,000,000.
              (8) For activities designated as Other Assessments/
            Administrative Support, $14,600,000.
        (b) Report on Obligation or Expenditure of Funds for Other
    Purposes.--No fiscal year 2006 Cooperative Threat Reduction
    funds may be obligated or expended for a purpose other than a
    purpose listed in paragraphs (1) through (8) of subsection (a)
    until 30 days after the date that the Secretary of Defense
    submits to Congress a report on the purpose for which the funds
    will be obligated or expended and the amount of funds to be
    obligated or expended. Nothing in the preceding sentence shall
    be construed as authorizing the obligation or expenditure of
    fiscal year 2006 Cooperative Threat Reduction funds for a
    purpose for which the obligation or expenditure of such funds
    is specifically prohibited under this title or any other
    provision of law.
        (c) Limited Authority to Vary Individual Amounts.--(1)
    Subject to paragraphs (2) and (3), in any case in which the
    Secretary of Defense determines that it is necessary to do so
    in the national interest, the Secretary may obligate amounts
    appropriated for fiscal year 2006 for a purpose listed in any
    of the paragraphs in subsection (a) in excess of the specific
    amount authorized for that purpose.
        (2) An obligation of funds for a purpose stated in any of
    the paragraphs in subsection (a) in excess of the specific
    amount authorized for such purpose may be made using the
    authority provided in paragraph (1) only after--
              (A) the Secretary submits to Congress notification of
            the intent to do so together with a complete discussion
            of the justification for doing so; and
              (B) 15 days have elapsed following the date of the
            notification.
        (3) The Secretary may not, under the authority provided in
    paragraph (1), obligate amounts for a purpose stated in any of
    paragraphs (6) through (8) of subsection (a) in excess of 125
    percent of the specific amount authorized for such purpose.

    SEC. 1303. PERMANENT WAIVER OF RESTRICTIONS ON USE OF FUNDS FOR THREAT
                        REDUCTION IN STATES OF THE FORMER SOVIET UNION.

        Section 1306 of the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003 (Public Law 107-314; 22
    U.S.C. 5952 note) is amended--
              (1) by striking subsections (c) and (d); and
              (2) by redesignating subsection (e) as subsection
            (c).

    SEC. 1304. REPORT ON ELIMINATION OF IMPEDIMENTS TO THREAT REDUCTION AND
                        NONPROLIFERATION PROGRAMS IN THE FORMER SOVIET
                        UNION.

        Not later than November 1, 2006, the President shall submit
    to Congress a report on impediments to the effective conduct of
    Cooperative Threat Reduction programs and related threat
    reduction and nonproliferation programs and activities in the
    states of the former Soviet Union. The report shall--
              (1) identify the impediments to the rapid, efficient,
            and effective conduct of programs and activities of the
            Department of Defense, the Department of State, and the
            Department of Energy, including issues relating to
            access to sites, liability, and taxation; and
              (2) describe the plans of the United States to
            overcome or ameliorate such impediments, including an
            identification and discussion of new models and
            approaches that might be used to develop new
            relationships with entities in the states of the former
            Soviet Union capable of assisting in removing or
            ameliorating those impediments, and any congressional
            action that may be necessary for that purpose.

    SEC. 1305. REPEAL OF REQUIREMENT FOR ANNUAL COMPTROLLER GENERAL
                        ASSESSMENT OF ANNUAL DEPARTMENT OF DEFENSE REPORT
                        ON ACTIVITIES AND ASSISTANCE UNDER COOPERATIVE
                        THREAT REDUCTION PROGRAMS.

        Section 1308 of the Floyd D. Spence National Defense
    Authorization Act for Fiscal Year 2001 (as enacted into law by
    Public Law 106-398; 114 Stat. 1654A-341; 22 U.S.C. 5959) is
    amended by striking subsection (e).
              * * * * * * *
              b. Cooperative Threat Reduction Appropriations, 2006

     Partial text of Public Law 109-148 [Department of Defense, Emergency
       Supplemental Appropriations to Address Hurricanes in the Gulf of
     Mexico, and Pandemic Influenza Act, 2006; H.R. 2863], 119 Stat. 2680,
                           approved December 30, 2005

      AN ACT Making appropriations for the Department of Defense for the
         fiscal year ending September 30, 2006, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

                                   DIVISION A

                 DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006

    That the following sums are appropriated, out of any money in
    the Treasury not otherwise appropriated, for the fiscal year
    ending September 30, 2006, for military functions administered
    by the Department of Defense and for other purposes, namely:
              * * * * * * *

                                    TITLE II

                           OPERATION AND MAINTENANCE

              * * * * * * *

                  Former Soviet Union Threat Reduction Account

        For assistance to the republics of the former Soviet Union,
    including assistance provided by contract or by grants, for
    facilitating the elimination and the safe and secure
    transportation and storage of nuclear, chemical and other
    weapons; for establishing programs to prevent the proliferation
    of weapons, weapons components, and weapon-related technology
    and expertise; for programs relating to the training and
    support of defense and military personnel for demilitarization
    and protection of weapons, weapons components and weapons
    technology and expertise, and for defense and military
    contacts, $415,549,000, to remain available until September 30,
    2008: Provided, That of the amounts provided under this
    heading, $15,000,000 shall be available only to support the
    dismantling and disposal of nuclear submarines, submarine
    reactor components, and security enhancements for transport and
    storage of nuclear warheads in the Russian Far East.
              * * * * * * *
               c. Cooperative Threat Reduction, Fiscal Year 2005

     Partial text of Public Law 108-375 [Ronald W. Reagan National Defense
      Authorization Act for Fiscal Year 2005; H.R. 4200], 118 Stat. 1811,
                           approved October 28, 2004

     AN ACT To authorize appropriations for fiscal year 2005 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Ronald W. Reagan National
    Defense Authorization Act for Fiscal Year 2005''.
              * * * * * * *

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 2005 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance, in
    amounts as follows:
              (1)-(18) * * *
              (19) For Cooperative Threat Reduction programs,
            $409,200,000.\1\
    ---------------------------------------------------------------------------
        \1\ Title II of the Department of Defense Appropriations Act, 2005
    (Public Law 108-287; 118 Stat. 959) provided the following:
    ---------------------------------------------------------------------------

    ``Former Soviet Union Threat Reduction Account
    ---------------------------------------------------------------------------

        ``For assistance to the republics of the former Soviet Union,
    including assistance provided by contract or by grants, for
    facilitating the elimination and the safe and secure transportation and
    storage of nuclear, chemical and other weapons; for establishing
    programs to prevent the proliferation of weapons, weapons components,
    and weapon-related technology and expertise; for programs relating to
    the training and support of defense and military personnel for
    demilitarization and protection of weapons, weapons components and
    weapons technology and expertise, and for defense and military
    contacts, $409,200,000, to remain available until September 30, 2007:
    Provided, That of the amounts provided under this heading, $15,000,000
    shall be available only to support the dismantling and disposal of
    nuclear submarines, submarine reactor components, and security
    enhancements for transport and storage of nuclear warheads in the
    Russian Far East.''
        Title VIII of Public Law 108-287 (118 Stat. 981) provided a partial
    rescission of previous appropriations:
    ---------------------------------------------------------------------------

    ``(rescissions)
    ---------------------------------------------------------------------------

        ``Sec. 8049. Of the funds appropriated in Department of Defense
    Appropriations Acts, the following funds are hereby rescinded from the
    following accounts and programs in the specified amounts:
    ---------------------------------------------------------------------------

      ``* * *

      `` `Former Soviet Union Threat Reduction, 2003/2005', $50,000,000;

      ``* * *''.

              (20) * * *
              * * * * * * *

      TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
                                  SOVIET UNION

    Sec. 1301. Specification of Cooperative Threat Reduction programs and
              funds.
    Sec. 1302. Funding allocations.
    Sec. 1303. Temporary authority to waive limitation on funding for
              chemical weapons destruction facility in Russia.
    Sec. 1304. Inclusion of descriptive summaries in annual Cooperative
              Threat Reduction reports and budget justification materials.

    SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
                        FUNDS.

        (a) Specification of CTR Programs.--For purposes of section
    301 and other provisions of this Act, Cooperative Threat
    Reduction programs are the programs specified in section
    1501(b) of the National Defense Authorization Act for Fiscal
    Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
    note).
        (b) Fiscal Year 2005 Cooperative Threat Reduction Funds
    Defined.--As used in this title, the term ``fiscal year 2005
    Cooperative Threat Reduction funds'' means the funds
    appropriated pursuant to the authorization of appropriations in
    section 301 for Cooperative Threat Reduction programs.
        (c) Availability of Funds.--Funds appropriated pursuant to
    the authorization of appropriations in section 301 for
    Cooperative Threat Reduction programs shall be available for
    obligation for three fiscal years.

    SEC. 1302. FUNDING ALLOCATIONS.

        (a) Funding for Specific Purposes.--Of the $409,200,000
    authorized to be appropriated to the Department of Defense for
    fiscal year 2005 in section 301(19) for Cooperative Threat
    Reduction programs, the following amounts may be obligated for
    the purposes specified:
              (1) For strategic offensive arms elimination in
            Russia, $58,522,000.
              (2) For nuclear weapons storage security in Russia,
            $48,672,000.
              (3) For nuclear weapons transportation security in
            Russia, $26,300,000.
              (4) For weapons of mass destruction proliferation
            prevention in the states of the former Soviet Union,
            $40,030,000.
              (5) For chemical weapons destruction in Russia,
            $158,400,000.
              (6) For biological weapons proliferation prevention
            in the former Soviet Union, $54,959,000.
              (7) For defense and military contacts, $8,000,000.
              (8) For activities designated as Other Assessments/
            Administrative Support, $14,317,000.
        (b) Report on Obligation or Expenditure of Funds for Other
    Purposes.--No fiscal year 2005 Cooperative Threat Reduction
    funds may be obligated or expended for a purpose other than a
    purpose listed in paragraphs (1) through (8) of subsection (a)
    until 30 days after the date that the Secretary of Defense
    submits to Congress a report on the purpose for which the funds
    will be obligated or expended and the amount of funds to be
    obligated or expended. Nothing in the preceding sentence shall
    be construed as authorizing the obligation or expenditure of
    fiscal year 2005 Cooperative Threat Reduction funds for a
    purpose for which the obligation or expenditure of such funds
    is specifically prohibited under this title or any other
    provision of law.
        (c) Limited Authority to Vary Individual Amounts.--(1)
    Subject to paragraphs (2) and (3), in any case in which the
    Secretary of Defense determines that it is necessary to do so
    in the national interest, the Secretary may obligate amounts
    appropriated for fiscal year 2005 for a purpose listed in any
    of the paragraphs in subsection (a) in excess of the specific
    amount authorized for that purpose.
        (2) An obligation of funds for a purpose stated in any of
    the paragraphs in subsection (a) in excess of the specific
    amount authorized for such purpose may be made using the
    authority provided in paragraph (1) only after--
              (A) the Secretary submits to Congress notification of
            the intent to do so together with a complete discussion
            of the justification for doing so; and
              (B) 15 days have elapsed following the date of the
            notification.
        (3) The Secretary may not, under the authority provided in
    paragraph (1), obligate amounts for a purpose stated in any of
    paragraphs (5) through (8) of subsection (a) in excess of 125
    percent of the specific amount authorized for such purpose.

    SEC. 1303.\2\ TEMPORARY AUTHORITY TO WAIVE LIMITATION ON FUNDING FOR
                        CHEMICAL WEAPONS DESTRUCTION FACILITY IN RUSSIA.

        (a) Temporary Authority.--Section 1305 of the National
    Defense Authorization Act for Fiscal Year 2000 (Public Law 106-
    65; 22 U.S.C. 5952 note) shall not apply for a calendar year
    for which the President submits to Congress a written
    certification that includes--
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 5952 note.
    ---------------------------------------------------------------------------
              (1) a statement as to why a waiver of the conditions
            described in such section 1305 is important to the
            national security interests of the United States;
              (2) a full and complete justification for the waiver
            of the conditions; and
              (3) a plan to promote a full and accurate disclosure
            by Russia regarding the size, content, status, and
            location of its chemical weapons stockpile.
        (b) Expiration.--The authority in subsection (a) shall
    expire on December 31, 2006, and no waiver shall remain in
    effect after that date.

    SEC. 1304. INCLUSION OF DESCRIPTIVE SUMMARIES IN ANNUAL COOPERATIVE
                        THREAT REDUCTION REPORTS AND BUDGET JUSTIFICATION
                        MATERIALS.

        Section 1307 of the Strom Thurmond National Defense
    Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
    Stat. 2165; 22 U.S.C. 5952 note) is amended-- * * *
              * * * * * * *
               d. Cooperative Threat Reduction, Fiscal Year 2004

    Partial text of Public Law 108-136 [National Defense Authorization Act
    for Fiscal Year 2004; H.R. 1588], 117 Stat. 1392, approved November 23,
                                      2003

     AN ACT To authorize appropriations for fiscal year 2004 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,

    SECTION 1. SHORT TITLE.

        (a) Short Title.--This Act may be cited as the ``National
    Defense Authorization Act for Fiscal Year 2004''.
              * * * * * * *

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 2004 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance, in
    amounts as follows:
              (1)-(18) * * *
              (19) For Cooperative Threat Reduction programs,
            $450,800,000.\1\
    ---------------------------------------------------------------------------
        \1\ Title II of the Department of Defense Appropriations Act, 2004
    (Public Law 108-87; 117 Stat. 1061) provided the following:
    ---------------------------------------------------------------------------

    ``Former Soviet Union Threat Reduction
    ---------------------------------------------------------------------------

        ``For assistance to the republics of the former Soviet Union,
    including assistance provided by contract or by grants, for
    facilitating the elimination and the safe and secure transportation and
    storage of nuclear, chemical and other weapons; for establishing
    programs to prevent the proliferation of weapons, weapons components,
    and weapon-related technology and expertise; for programs relating to
    the training and support of defense and military personnel for
    demilitarization and protection of weapons, weapons components and
    weapons technology and expertise, and for defense and military
    contacts, $450,800,000, to remain available until September 30, 2006:
    Provided, That of the amounts provided under this heading, $10,000,000
    shall be available only to support the dismantling and disposal of
    nuclear submarines, submarine reactor components, and warheads in the
    Russian Far East.''.
    ---------------------------------------------------------------------------
              (20) * * *
              * * * * * * *

      TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
                                  SOVIET UNION

    Sec. 1301. Specification of Cooperative Threat Reduction programs and
              funds.
    Sec. 1302. Funding allocations.
    Sec. 1303. Limitation on use of funds until certain permits obtained.
    Sec. 1304. Limitation on use of funds for biological research in the
              former Soviet Union.
    Sec. 1305. Requirement for on-site managers.
    Sec. 1306. Temporary authority to waive limitation on funding for
              chemical weapons destruction facility in Russia.
    Sec. 1307. Annual certifications on use of facilities being constructed
              for Cooperative Threat Reduction projects or activities.
    Sec. 1308. Authority to use Cooperative Threat Reduction funds outside
              the former Soviet Union.

    SEC. 1301.\2\ SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS
                        AND FUNDS.

        (a) Specification of CTR Programs.--For purposes of section
    301 and other provisions of this Act, Cooperative Threat
    Reduction programs are the programs specified in section
    1501(b) of the National Defense Authorization Act for Fiscal
    Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
    note).
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 5960 note.
    ---------------------------------------------------------------------------
        (b) Fiscal Year 2004 Cooperative Threat Reduction Funds
    Defined.--As used in this title, the term ``fiscal year 2004
    Cooperative Threat Reduction funds'' means the funds
    appropriated pursuant to the authorization of appropriations in
    section 301 for Cooperative Threat Reduction programs.
        (c) Availability of Funds.--Funds appropriated pursuant to
    the authorization of appropriations in section 301 for
    Cooperative Threat Reduction programs shall be available for
    obligation for three fiscal years.

    SEC. 1302. FUNDING ALLOCATIONS.

        (a) Funding for Specific Purposes.--Of the $450,800,000
    authorized to be appropriated to the Department of Defense for
    fiscal year 2004 in section 301(19) for Cooperative Threat
    Reduction programs, the following amounts may be obligated for
    the purposes specified:
              (1) For strategic offensive arms elimination in
            Russia, $57,600,000.
              (2) For strategic nuclear arms elimination in
            Ukraine, $3,900,000.
              (3) For nuclear weapons transportation security in
            Russia, $23,200,000.
              (4) For nuclear weapons storage security in Russia,
            $48,000,000.
              (5) For activities designated as Other Assessments/
            Administrative Support, $13,100,000.
              (6) For defense and military contacts, $11,100,000.
              (7) For chemical weapons destruction in Russia,
            $200,300,000.
              (8) For biological weapons proliferation prevention
            in the former Soviet Union, $54,200,000.
              (9) For weapons of mass destruction proliferation
            prevention in the states of the former Soviet Union,
            $39,400,000.
        (b) Report on Obligation or Expenditure of Funds for Other
    Purposes.--No fiscal year 2004 Cooperative Threat Reduction
    funds may be obligated or expended for a purpose other than a
    purpose listed in paragraphs (1) through (9) of subsection (a)
    until 30 days after the date that the Secretary of Defense
    submits to Congress a report on the purpose for which the funds
    will be obligated or expended and the amount of funds to be
    obligated or expended. Nothing in the preceding sentence shall
    be construed as authorizing the obligation or expenditure of
    fiscal year 2004 Cooperative Threat Reduction funds for a
    purpose for which the obligation or expenditure of such funds
    is specifically prohibited under this title or any other
    provision of law.
        (c) Limited Authority to Vary Individual Amounts.--(1)
    Subject to paragraphs (2) and (3), in any case in which the
    Secretary of Defense determines that it is necessary to do so
    in the national interest, the Secretary may obligate amounts
    appropriated for fiscal year 2004 for a purpose listed in any
    of the paragraphs in subsection (a) in excess of the specific
    amount authorized for that purpose.
        (2) An obligation of funds for a purpose stated in any of
    the paragraphs in subsection (a) in excess of the specific
    amount authorized for such purpose may be made using the
    authority provided in paragraph (1) only after--
              (A) the Secretary submits to Congress notification of
            the intent to do so together with a complete discussion
            of the justification for doing so; and
              (B) 15 days have elapsed following the date of the
            notification.
        (3) The Secretary may not, under the authority provided in
    paragraph (1), obligate amounts for a purpose stated in any of
    paragraphs (5) through (8) of subsection (a) in excess of 125
    percent of the specific amount authorized for such purpose.

    SEC. 1303.\3\ LIMITATION ON USE OF FUNDS UNTIL CERTAIN PERMITS
                        OBTAINED.

        (a) In General.--The Secretary of Defense shall seek to
    obtain all the permits required to complete each phase of
    construction of a project under Cooperative Threat Reduction
    programs before obligating significant amounts of funding for
    that phase of the project.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 5960.
    ---------------------------------------------------------------------------
        (b) Use of Funds for New Construction Projects.--Except as
    provided in subsection (e), with respect to a new construction
    project to be carried out by the Department of Defense under
    Cooperative Threat Reduction programs, not more than 40 percent
    of the total costs of the project may be obligated from
    Cooperative Threat Reduction funds for any fiscal year until
    the Secretary of Defense--
              (1) determines the number and type of permits that
            may be required for the lifetime of the project in the
            proposed location or locations of the project; and
              (2) obtains from the State in which the project is to
            be located any permits that may be required to begin
            construction.
        (c) Identification of Required Permits for Ongoing
    Incomplete Construction Projects.--With respect to an
    incomplete construction project carried out by the Department
    of Defense under Cooperative Threat Reduction programs, the
    Secretary shall identify all the permits that are required for
    the lifetime of the project not later than 120 days after the
    date of the enactment of this Act.
        (d) Use of Funds for Certain Incomplete Construction
    Projects.--Except as provided in subsection (e), with respect
    to an incomplete construction project carried out by the
    Department of Defense under Cooperative Threat Reduction
    programs for which construction has not yet commenced as of the
    date of the enactment of this Act, not more than 40 percent of
    the total costs of the project may be obligated from
    Cooperative Threat Reduction funds for any fiscal year until
    the Secretary obtains from the State in which the project is
    located the permits required to commence construction on the
    project.
        (e) Exception to Limitations on Use of Funds.--The
    limitation in subsection (b) or (d) on the obligation of funds
    for a construction project otherwise covered by such subsection
    shall not apply with respect to the obligation of funds for a
    particular project if the Secretary--
              (1) determines that it is necessary in the national
            interest to obligate funds for such project; and
              (2) submits to the congressional defense committees a
            notification of the intent to obligate funds for such
            project, together with a complete discussion of the
            justification for doing so.
        (f) Definitions.--In this section, with respect to a
    project under Cooperative Threat Reduction programs:
              (1) Incomplete construction project.--The term
            ``incomplete construction project'' means a
            construction project for which funds have been
            obligated or expended before the date of the enactment
            of this Act and which is not completed as of such date.
              (2) New construction project.--The term ``new
            construction project'' means a construction project for
            which no funds have been obligated or expended as of
            the date of the enactment of this Act.
              (3) Permit.--The term ``permit'' means any local or
            national permit for development, general construction,
            environmental, land use, or other purposes that is
            required for purposes of major construction in a state
            of the former Soviet Union in which the construction
            project is being or is proposed to be carried out.

    SEC. 1304. LIMITATION ON USE OF FUNDS FOR BIOLOGICAL RESEARCH IN THE
                        FORMER SOVIET UNION.

        (a) Limitation on the Use of Funds.--Except as provided in
    subsection (b), none of the funds authorized to be appropriated
    pursuant to section 1302 for biological weapons proliferation
    prevention may be obligated to begin any collaborative
    biodefense research or bioattack early warning and preparedness
    project under a Cooperative Threat Reduction program at a
    facility in a state of the former Soviet Union until the
    Secretary of Defense notifies Congress that the Secretary--
              (1) has determined, through access to the facility,
            that no offensive biological weapons research
            prohibited by international law is being conducted at
            the facility; and
              (2) has determined that appropriate security measures
            have begun to be, or will be, put in place at the
            facility to prevent theft of dangerous pathogens from
            the facility.
        (b) Availability of Funds for Determinations.--Of the funds
    referred to in subsection (a) that are available for projects
    referred to in that subsection, up to 25 percent of such funds
    may be obligated and expended for purposes of making
    determinations referred to in that subsection.
        (c) Facility Defined.--In this section, the term
    ``facility'' means the buildings and areas at a location in
    which Cooperative Threat Reduction program work is actually
    being conducted.

    SEC. 1305.\4\ REQUIREMENT FOR ON-SITE MANAGERS.

        (a) On-Site Manager Requirement.--Before obligating any
    Cooperative Threat Reduction funds for a project described in
    subsection (b), the Secretary of Defense shall appoint one on-
    site manager for that project. The manager shall be appointed
    from among employees of the Federal Government.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 5961.
    ---------------------------------------------------------------------------
        (b) Projects Covered.--Subsection (a) applies to a
    project--
              (1) to be located in a state of the former Soviet
            Union;
              (2) which involves dismantlement, destruction, or
            storage facilities, or construction of a facility; and
              (3) with respect to which the total contribution by
            the Department of Defense is expected to exceed
            $50,000,000.
        (c) Duties of On-Site Manager.--The on-site manager
    appointed under subsection (a) shall--
              (1) develop, in cooperation with representatives from
            governments of countries participating in the project,
            a list of those steps or activities critical to
            achieving the project's disarmament or nonproliferation
            goals;
              (2) establish a schedule for completing those steps
            or activities;
              (3) meet with all participants to seek assurances
            that those steps or activities are being completed on
            schedule; and
              (4) suspend United States participation in a project
            when a non-United States participant fails to complete
            a scheduled step or activity on time, unless directed
            by the Secretary of Defense to resume United States
            participation.
        (d) Authority to Manage More Than One Project.--(1) Subject
    to paragraph (2), an employee of the Federal Government may
    serve as on-site manager for more than one project, including
    projects at different locations.
        (2) If such an employee serves as on-site manager for more
    than one project in a fiscal year, the total cost of the
    projects for that fiscal year may not exceed $150,000,000.
        (e) Steps or Activities.--Steps or activities referred to
    in subsection (c)(1) are those activities that, if not
    completed, will prevent a project from achieving its
    disarmament or nonproliferation goals, including, at a minimum,
    the following:
              (1) Identification and acquisition of permits (as
            defined in section 1303).
              (2) Verification that the items, substances, or
            capabilities to be dismantled, secured, or otherwise
            modified are available for dismantlement, securing, or
            modification.
              (3) Timely provision of financial, personnel,
            management, transportation, and other resources.
        (f) Notification to Congress.--In any case in which the
    Secretary of Defense directs an on-site manager to resume
    United States participation in a project under subsection
    (c)(4), the Secretary shall concurrently notify Congress of
    such direction.
        (g) Effective Date.--This section shall take effect six
    months after the date of the enactment of this Act.

    SEC. 1306. TEMPORARY AUTHORITY TO WAIVE LIMITATION ON FUNDING FOR
                        CHEMICAL WEAPONS DESTRUCTION FACILITY IN RUSSIA.

        (a) Temporary Authority.--The conditions described in
    section 1305 of the National Defense Authorization Act for
    Fiscal Year 2000 (Public Law 106-65; 22 U.S.C. 5952 note) shall
    not apply to the obligation and expenditure of funds available
    for obligation during fiscal year 2004 for the planning,
    design, or construction of a chemical weapons destruction
    facility in Russia if the President submits to Congress a
    written certification that includes--
              (1) a statement as to why the waiver of the
            conditions is important to the national security
            interests of the United States;
              (2) a full and complete justification for the waiver
            of the conditions; and
              (3) a plan to promote a full and accurate disclosure
            by Russia regarding the size, content, status, and
            location of its chemical weapons stockpile.
        (b) Expiration.--The authority in subsection (a) shall
    expire on September 30, 2004.

    SEC. 1307.\5\ ANNUAL CERTIFICATIONS ON USE OF FACILITIES BEING
                        CONSTRUCTED FOR COOPERATIVE THREAT REDUCTION
                        PROJECTS OR ACTIVITIES.

        (a) Certification on Use of Facilities Being Constructed.--
    Not later than the first Monday of February each year, the
    Secretary of Defense shall submit to the congressional defense
    committees a certification for each facility for a Cooperative
    Threat Reduction project or activity for which construction
    occurred during the preceding fiscal year on matters as
    follows:
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 5962.
    ---------------------------------------------------------------------------
              (1) Whether or not such facility will be used for its
            intended purpose by the government of the state of the
            former Soviet Union in which the facility is
            constructed.
              (2) Whether or not the government of such state
            remains committed to the use of such facility for its
            intended purpose.
              (3) Whether those actions needed to ensure security
            at the facility, including secure transportation of any
            materials, substances, or weapons to, from, or within
            the facility, have been taken.
        (b) Applicability.--Subsection (a) shall apply to--
              (1) any facility the construction of which commences
            on or after the date of the enactment of this Act; and
              (2) any facility the construction of which is ongoing
            as of that date.

    SEC. 1308.\6\ AUTHORITY TO USE COOPERATIVE THREAT REDUCTION FUNDS
                        OUTSIDE THE FORMER SOVIET UNION.

        (a) \7\ Authority.--Subject to the provisions of this
    section, the President may obligate and expend Cooperative
    Threat Reduction funds for a fiscal year, and any Cooperative
    Threat Reduction funds for a fiscal year before such fiscal
    year that remain available for obligation, for a proliferation
    threat reduction project or activity outside the states of the
    former Soviet Union if the President determines each of the
    following:
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 5963.
        \7\ In a memorandum of October 20, 2004, for the Secretary of State
    (69 F.R. 63917; November 3, 2004), the President certified under this
    subsection that Albania was committed to the courses of action
    enumerated in sec. 1203(d) of the Cooperative Threat Reduction Act of
    2003, as sec. 1308(e) of this Act requires. This certification was made
    in connection with a related memorandum of October 20, 2004, for the
    Secretary of State (69 F.R. 63037; October 28, 2004), in which the
    President made a determination under sec. 1308 of this Act that
    justified the obligation and expenditure of Cooperative Threat
    Reduction funds in Albania for fiscal year 2004.
    ---------------------------------------------------------------------------
              (1) That such project or activity will--
                      (A)(i) assist the United States in the
                    resolution of a critical emerging proliferation
                    threat; or
                      (ii) permit the United States to take
                    advantage of opportunities to achieve long-
                    standing nonproliferation goals; and
                      (B) be completed in a short period of time.
              (2) That the Department of Defense is the entity of
            the Federal Government that is most capable of carrying
            out such project or activity.
        (b) Scope of Authority.--The authority in subsection (a) to
    obligate and expend funds for a project or activity includes
    authority to provide equipment, goods, and services for such
    project or activity utilizing such funds, but does not include
    authority to provide cash directly to such project or activity.
        (c) Limitation on Total Amount of Obligation.--The amount
    that may be obligated in a fiscal year under the authority in
    subsection (a) may not exceed $50,000,000.
        (d) Limitation on Availability of Funds.--(1) The President
    may not obligate funds for a project or activity under the
    authority in subsection (a) until the President makes each
    determination specified in that subsection with respect to such
    project or activity.
        (2) Not later than 10 days after obligating funds under the
    authority in subsection (a) for a project or activity, the
    President shall notify Congress in writing of the
    determinations made under paragraph (1) with respect to such
    project or activity, together with--
              (A) a justification for such determinations; and
              (B) a description of the scope and duration of such
            project or activity.
        (e) \7\ Additional Limitations and Requirements.--Except as
    otherwise provided in subsections (a) and (b), the exercise of
    the authority in subsection (a) shall be subject to any
    requirement or limitation under another provision of law as
    follows:
              (1) Any requirement for prior notice or other reports
            to Congress on the use of Cooperative Threat Reduction
            funds or on Cooperative Threat Reduction projects or
            activities.
              (2) Any limitation on the obligation or expenditure
            of Cooperative Threat Reduction funds.
              (3) Any limitation on Cooperative Threat Reduction
            projects or activities.
              * * * * * * *

                    TITLE XXXVI--NUCLEAR SECURITY INITIATIVE

              * * * * * * *

    SEC. 3601.\8\ SHORT TITLE.

        This title  may be cited as the ``Nuclear Security
    Initiative Act of 2003''.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 5951 note.
    ---------------------------------------------------------------------------

       Subtitle A--Administration and Oversight of Threat Reduction and
                           Nonproliferation Programs

    SEC. 3611. MANAGEMENT ASSESSMENT OF DEPARTMENT OF DEFENSE AND
                        DEPARTMENT OF ENERGY THREAT REDUCTION AND
                        NONPROLIFERATION PROGRAMS.

        (a) GAO Assessment Required.--The Comptroller General shall
    carry out an assessment of the management of the threat
    reduction and nonproliferation programs of the Department of
    Defense and the Department of Energy. The matters assessed
    shall include--
              (1) the effectiveness of the overall strategy used
            for managing such programs;
              (2) the basis used to allocate the missions of such
            programs among the executive departments and agencies;
              (3) the criteria used to assess the effectiveness of
            such programs;
              (4) the strategy and process used to establish
            priorities for activities carried out under such
            programs, including the analysis of risks and benefits
            used in determining how best to allocate the funds made
            available for such programs;
              (5) the mechanisms used to coordinate the activities
            carried out under such programs by the executive
            departments and agencies so as to ensure efficient
            execution and avoid duplication of effort; and
              (6) the management controls used in carrying out such
            programs and the effect of such controls on the
            execution of such programs.
        (b) Considerations.--In carrying out the assessment
    required by subsection (a), the Comptroller General shall take
    into account--
              (1) the national security interests of the United
            States; and
              (2) the need for accountability in expenditure of
            funds by the United States.
        (c) Report--Not later than May 1, 2004, the Comptroller
    General shall submit a report on the assessment required by
    subsection (a) to the Committee on Armed Services of the House
    of Representatives and the Committee on Armed Services of the
    Senate.
        (d) Definitions.--In this section:
              (1) The term ``threat reduction and nonproliferation
            programs of the Department of Defense and the
            Department of Energy'' means--
                      (A) the programs specified in section 1501(b)
                    of the National Defense Authorization Act for
                    Fiscal Year 1997 (Public Law 104-201; 110 Stat.
                    2731; 50 U.S.C. 2362 note); and
                      (B) any programs for which funds are made
                    available under the defense nuclear
                    nonproliferation account of the Department of
                    Energy.
              (2) The term ``management controls'' means any
            accounting, oversight, or other measure intended to
            ensure that programs are executed consistent with--
                      (A) programmatic objectives as stated in
                    budget justification materials submitted to
                    Congress (as submitted with the budget of the
                    President under section 1105(a) of title 31,
                    United States Code); and
                      (B) any restrictions related to such
                    objectives as are imposed by law.
              * * * * * * *
               e. Cooperative Threat Reduction, Fiscal Year 2003

        Partial text of Public Law 107-314 [Bob Stump National Defense
      Authorization Act for Fiscal Year 2003; H.R. 4546], 116 Stat. 2458,
     approved December 2, 2002; as amended by Public Law 109-163 [National
     Defense Authorization Act for Fiscal Year 2006; H.R. 1815], 119 Stat.
                         3136, approved January 6, 2006

     AN ACT To authorize appropriations for fiscal year 2003 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,

    SECTION 1. SHORT TITLE; FINDINGS.

        (a) Short Title.--This Act may be cited as the ``Bob Stump
    National Defense Authorization Act for Fiscal Year 2003''.
        (b) Findings. * * *
              * * * * * * *

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

              * * * * * * *

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 2003 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance, in
    amounts as follows:
              (1)-(22) * * *
              (23) For Cooperative Threat Reduction programs,
            $416,700,000.\1\
    ---------------------------------------------------------------------------
        \1\ Title II of the Department of Defense Appropriations Act, 2003
    (Public Law 107-248; 116 Stat. 1526) provided the following:
    ---------------------------------------------------------------------------

    ``Former Soviet Union Threat Reduction
    ---------------------------------------------------------------------------

        ``For assistance to the republics of the former Soviet Union,
    including assistance provided by contract or by grants, for
    facilitating the elimination and the safe and secure transportation and
    storage of nuclear, chemical and other weapons; for establishing
    programs to prevent the proliferation of weapons, weapons components,
    and weapon-related technology and expertise; for programs relating to
    the training and support of defense and military personnel for
    demilitarization and protection of weapons, weapons components and
    weapons technology and expertise, and for defense and military
    contacts, $416,700,000, to remain available until September 30, 2005:
    Provided, That of the amounts provided under this heading, $10,000,000
    shall be available only to support the dismantling and disposal of
    nuclear submarines and submarine reactor components in the Russian Far
    East.''.
        Title VIII of the Department of Defense Appropriations Act, 2005
    (Public Law 108-287; 118 Stat. 981) provided a partial rescission of
    previous appropriations:
    ---------------------------------------------------------------------------

    ``(rescissions)
    ---------------------------------------------------------------------------

        ``Sec. 8049. Of the funds appropriated in Department of Defense
    Appropriations Acts, the following funds are hereby rescinded from the
    following accounts and programs in the specified amounts:
    ---------------------------------------------------------------------------

      ``* * *

      `` `Former Soviet Union Threat Reduction, 2003/2005', $50,000,000;

      ``* * *''.

              (24)-(25) * * *
              * * * * * * *

      TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
                                  SOVIET UNION

    Sec. 1301. Specification of Cooperative Threat Reduction programs and
              funds.
    Sec. 1302. Funding allocations.
    Sec. 1303. Prohibition against use of funds until submission of reports.
    Sec. 1304. Report on use of revenue generated by activities carried out
              under Cooperative Threat Reduction programs.
    Sec. 1305. Prohibition against use of funds for second wing of fissile
              material storage facility.
    Sec. 1306. Limited waiver of restrictions on use of funds for threat
              reduction in states of the former Soviet Union.

    SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
                        FUNDS.

        (a) \2\ Specification of CTR Programs.--For purposes of
    section 301 and other provisions of this Act, Cooperative
    Threat Reduction programs are the programs specified in section
    1501(b) of the National Defense Authorization Act for Fiscal
    Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
    note).
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 5952 note.
    ---------------------------------------------------------------------------
        (b) Fiscal Year 2003 Cooperative Threat Reduction Funds
    Defined.--As used in this title, the term ``fiscal year 2003
    Cooperative Threat Reduction funds'' means the funds
    appropriated pursuant to the authorization of appropriations in
    section 301 for Cooperative Threat Reduction programs.
        (c) Availability of Funds.--Funds appropriated pursuant to
    the authorization of appropriations in section 301 for
    Cooperative Threat Reduction programs shall be available for
    obligation for three fiscal years.

    SEC. 1302. FUNDING ALLOCATIONS.

        (a) Funding for Specific Purposes.--Of the $416,700,000
    authorized to be appropriated to the Department of Defense for
    fiscal year 2003 in section 301(23) for Cooperative Threat
    Reduction programs, the following amounts may be obligated for
    the purposes specified:
              (1) For strategic offensive arms elimination in
            Russia, $70,500,000.
              (2) For strategic nuclear arms elimination in
            Ukraine, $6,500,000.
              (3) For nuclear weapons transportation security in
            Russia, $19,700,000.
              (4) For nuclear weapons storage security in Russia,
            $40,000,000.
              (5) For activities designated as Other Assessments/
            Administrative Support, $14,700,000.
              (6) For defense and military contacts, $18,900,000.
              (7) For weapons of mass destruction infrastructure
            elimination activities in Kazakhstan, $9,000,000.
              (8) For weapons of mass destruction infrastructure
            elimination activities in Ukraine, $8,800,000.
              (9) For chemical weapons destruction in Russia,
            $50,000,000.
              (10) For biological weapons proliferation prevention
            in the former Soviet Union, $55,000,000.
              (11) For weapons of mass destruction proliferation
            prevention in the States of the former Soviet Union,
            $40,000,000.
        (b) Additional Funds Authorized for Certain Purposes.--Of
    the funds authorized to be appropriated to the Department of
    Defense for fiscal year 2003 in section 301(23) for Cooperative
    Threat Reduction programs, $83,600,000 may be obligated for any
    of the purposes specified in paragraphs (1) through (4) and (9)
    of subsection (a) in addition to the amounts specifically
    authorized in such paragraphs.
        (c) Report on Obligation or Expenditure of Funds for Other
    Purposes.--No fiscal year 2003 Cooperative Threat Reduction
    funds may be obligated or expended for a purpose other than a
    purpose listed in paragraphs (1) through (11) of subsection (a)
    until 30 days after the date that the Secretary of Defense
    submits to Congress a report on the purpose for which the funds
    will be obligated or expended and the amount of funds to be
    obligated or expended. Nothing in the preceding sentence shall
    be construed as authorizing the obligation or expenditure of
    fiscal year 2003 Cooperative Threat Reduction funds for a
    purpose for which the obligation or expenditure of such funds
    is specifically prohibited under this title or any other
    provision of law.
        (d) Limited Authority to Vary Individual Amounts.--(1)
    Subject to paragraphs (2) and (3), in any case in which the
    Secretary of Defense determines that it is necessary to do so
    in the national interest, the Secretary may obligate amounts
    appropriated for fiscal year 2003 for a purpose listed in any
    of the paragraphs in subsection (a) in excess of the specific
    amount authorized for that purpose.
        (2) An obligation of funds for a purpose stated in any of
    the paragraphs in subsection (a) in excess of the specific
    amount authorized for such purpose may be made using the
    authority provided in paragraph (1) only after--
              (A) the Secretary submits to Congress notification of
            the intent to do so together with a complete discussion
            of the justification for doing so; and
              (B) 15 days have elapsed following the date of the
            notification.
        (3) The Secretary may not, under the authority provided in
    paragraph (1), obligate amounts for a purpose stated in any of
    paragraphs (5) through (10) of subsection (a) in excess of 125
    percent of the specific amount authorized for such purpose.
        (4) In this section, the term ``specific amount
    authorized'' means, with respect to a purpose listed in any
    paragraph in subsection (a)--
              (A) the amount specifically authorized for that
            purpose in subsection (a), plus
              (B) in the case of a purpose listed in paragraph (1),
            (2), (3), (4), or (9) of subsection (a), any amount
            obligated under subsection (b) for that purpose.

    SEC. 1303. PROHIBITION AGAINST USE OF FUNDS UNTIL SUBMISSION OF
                        REPORTS.

        Not more than 50 percent of fiscal year 2003 Cooperative
    Threat Reduction funds may be obligated or expended until 30
    days after the date of the submission of--
              (1) the report required to be submitted in fiscal
            year 2002 under section 1308(a) of the Floyd D. Spence
            National Defense Authorization Act for Fiscal Year 2001
            (as enacted into law by Public Law 106-398; 114 Stat.
            1654A-341); and
              (2) the update for the multiyear plan required to be
            submitted for fiscal year 2001 under section 1205 of
            the National Defense Authorization Act for Fiscal Year
            1995 (Public Law 103-337; 22 U.S.C. 5952 note).

    SEC. 1304. REPORT ON USE OF REVENUE GENERATED BY ACTIVITIES CARRIED OUT
                        UNDER COOPERATIVE THREAT REDUCTION PROGRAMS.

        (a) Additional Report Requirements.--Section 1308(c) of the
    Floyd D. Spence National Defense Authorization Act for Fiscal
    Year 2001 (as enacted into law by Public Law 106-398; 114 Stat.
    1654A-341) is amended by inserting at the end the following new
    paragraphs:
              ``(6) To the maximum extent practicable, a
            description of how revenue generated by activities
            carried out under Cooperative Threat Reduction programs
            in recipient States is being utilized, monitored, and
            accounted for.
              ``(7) A description of the defense and military
            activities carried out under Cooperative Threat
            Reduction programs during the fiscal year ending in the
            year preceding the year of the report, including--
                      ``(A) the amounts obligated or expended for
                    such activities;
                      ``(B) the purposes, goals, and objectives for
                    which such amounts were obligated and expended;
                      ``(C) a description of the activities carried
                    out, including the forms of assistance
                    provided, and the justification for each form
                    of assistance provided;
                      ``(D) the success of each activity, including
                    the goals and objectives achieved for each;
                      ``(E) a description of participation by
                    private sector entities in the United States in
                    carrying out such activities, and the
                    participation of any other Federal department
                    or agency in such activities; and
                      ``(F) any other information that the
                    Secretary considers relevant to provide a
                    complete description of the operation and
                    success of activities carried out under
                    Cooperative Threat Reduction programs.''.
        (b) \3\ Effective Date.--Paragraphs (6) and (7) of section
    1308(c) of such Act, as added by subsection (a), shall apply
    beginning with the report submitted under that section in 2004.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 5959 note.
    ---------------------------------------------------------------------------

    SEC. 1305.\4\ PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING OF
                        FISSILE MATERIAL STORAGE FACILITY.

        No funds authorized to be appropriated for Cooperative
    Threat Reduction programs for any fiscal year may be used for
    the design, planning, or construction of a second wing for a
    storage facility for Russian fissile material.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 5952 note.
    ---------------------------------------------------------------------------

    SEC. 1306.\4\ LIMITED WAIVER OF RESTRICTIONS ON USE OF FUNDS FOR THREAT
                        REDUCTION IN STATES OF THE FORMER SOVIET UNION.

        (a) Authority to Waive Restrictions and Eligibility
    Requirements.--If the President submits the certification and
    report described in subsection (b) with respect to an
    independent state of the former Soviet Union for a fiscal
    year--
              (1) the restrictions in subsection (d) of section
            1203 of the Cooperative Threat Reduction Act of 1993
            (22 U.S.C. 5952) shall cease to apply, and funds may be
            obligated and expended under that section for
            assistance, to that state during that fiscal year; and
              (2) funds may be obligated and expended during that
            fiscal year under section 502 of the FREEDOM Support
            Act (22 U.S.C. 5852) for assistance or other programs
            and activitiesfor that state even if that state has not
            met one or more of the requirements for eligibility
            under paragraphs (1) through (4) of that section.
        (b) \5\ Certification and Report.--(1) The certification
    and report referred to in subsection (a) are a written
    certification submitted by the President to Congress that the
    waiver of the restrictions and requirements described in
    paragraphs (1) and (2) of that subsection during such fiscal
    year is important to the national security interests of the
    United States, together with a report containing the following:
    ---------------------------------------------------------------------------
        \5\ In memoranda dated January 10, 2003 (68 F.R. 2419; January 17,
    2003), November 7, 2003 (68 F.R. 65383; November 20, 2003), and
    December 6, 2004 (69 F.R. 74933; December 14, 2004) for the Secretary
    of State, the President certified under sec. 1306 of this Act that a
    waiver of the requirements of sec. 1203(d) of the Cooperative Threat
    Reduction Act of 2003 (22 U.S.C. 5952(d)) and sec. 502 of the FREEDOM
    Support Act (22 U.S.C. 5852) with regard to the Russian Federation for
    fiscal years 2003, 2004, and 2005 was justified. In memoranda dated
    December 30, 2003 (69 F.R. 2479; January 16, 2004), and December 14,
    2004 (70 F.R. 1; January 3, 2005), for the Secretary of State, the
    President made the same certification with regard to the Republic of
    Uzbekistan for fiscal years 2004 and 2005.
    ---------------------------------------------------------------------------
              (A) A description of the activity or activities that
            prevent the President from certifying that the state is
            committed to the matters set forth in the provisions of
            law specified in paragraphs (1) and (2) of subsection
            (a) in such fiscal year.
              (B) An explanation of why the waiver is important to
            the national security interests of the United States.
              (C) A description of the strategy, plan, or policy of
            the President for promoting the commitment of the state
            to, and compliance by the state with, such matters,
            notwithstanding the waiver.
        (2) The matter included in the report under paragraph (1)
    shall be submitted in unclassified form, but may include a
    classified annex.
        (c) \6\ Administration of Restrictions on Assistance.--
    Subsection (d) of section 1203 of the Cooperative Threat
    Reduction Act of 1993 (title XII of Public Law 103-160; 107
    Stat. 1778; 22 U.S.C. 5952) is amended--
    ---------------------------------------------------------------------------
        \6\ Sec. 1303 of the National Defense Authorization Act for Fiscal
    Year 2006 (Public Law 109-163; 119 Stat. 3136) struck out subsecs. (c)
    and (d) of this section and redesignated subsec. (e) as subsec. (c).
    Subsecs. (c) and (d) read as follows:
    ---------------------------------------------------------------------------

      ``(c) Fiscal Years Covered.--The authority under subsection (a) shall
    apply only with respect to fiscal years 2003, 2004, and 2005.

      ``(d) Expiration of Authority.--The authority under subsection (a) shall
    expire on September 30, 2005.''.

              (1) by striking ``any year'' and inserting ``any
            fiscal year''; and
              (2) by striking ``that year'' and inserting ``such
            fiscal year''.
              * * * * * * *

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *

                       Subtitle C--Proliferation Matters

    SEC. 3151.\4\ TRANSFER TO NATIONAL NUCLEAR SECURITY ADMINISTRATION OF
                        DEPARTMENT OF DEFENSE'S COOPERATIVE THREAT
                        REDUCTION PROGRAM RELATING TO ELIMINATION OF
                        WEAPONS GRADE PLUTONIUM PRODUCTION IN RUSSIA.

        (a) Transfer of Program.--There are hereby transferred to
    the Administrator for Nuclear Security the following:
              (1) The program, within the Cooperative Threat
            Reduction program of the Department of Defense,
            relating to the elimination of weapons grade plutonium
            production in Russia.
              (2) All functions, powers, duties, and activities of
            that program performed before the date of the enactment
            of this Act by the Department of Defense.
        (b) Transfer of Assets.--(1) Notwithstanding any
    restriction or limitation in law on the availability of
    Cooperative Threat Reduction funds specified in paragraph (2),
    so much of the property, records, and unexpended balances of
    appropriations, allocations, and other funds employed, used,
    held, available, or to be made available in connection with the
    program transferred by subsection (a) are transferred to the
    Administrator for use in connection with the program
    transferred.
        (2) The Cooperative Threat Reduction funds specified in
    this paragraph are the following:
              (A) Fiscal year 2002 Cooperative Threat Reduction
            funds, as specified in section 1301(b) of the National
            Defense Authorization Act for Fiscal Year 2002 (Public
            Law 107-107; 115 Stat. 1254; 22 U.S.C. 5952 note).
              (B) Fiscal year 2001 Cooperative Threat Reduction
            funds, as specified in section 1301(b) of the Floyd D.
            Spence National Defense Authorization Act for Fiscal
            Year 2001 (as enacted into law by Public Law 106-398;
            114 Stat. 1654A-339; 22 U.S.C. 5959 note).
              (C) Fiscal year 2000 Cooperative Threat Reduction
            funds, as specified in section 1301(b) of the National
            Defense Authorization Act for Fiscal Year 2000 (Public
            Law 106-65; 113 Stat. 792; 22 U.S.C. 5952 note).
        (c) Availability of Transferred Funds.--(1) Notwithstanding
    any restriction or limitation in law on the availability of
    Cooperative Threat Reduction funds specified in subsection
    (b)(2), the Cooperative Threat Reduction funds transferred
    under subsection (b) for the program referred to in subsection
    (a) shall be available for activities as follows:
              (A) To design and construct, refurbish, or both,
            fossil fuel energy plants in Russia that provide
            alternative sources of energy to the energy plants in
            Russia that produce weapons grade plutonium.
              (B) To carry out limited safety upgrades of not more
            than three energy plants in Russia that produce weapons
            grade plutonium, provided that such upgrades do not
            extend the life of those plants.
        (2) Amounts available under paragraph (1) for activities
    referred to in that paragraph shall remain available for
    obligation for three fiscal years.
        (d) Limitation.--(1) Of the amounts authorized to be
    appropriated by this title or any other Act for the program
    referred to in subsection (a), the Administrator for Nuclear
    Security may not obligate any funds for construction, or
    obligate or expend more than $100,000,000 for that program,
    until 30 days after the later of--
              (A) the date on which the Administrator submits to
            the congressional defense committees, the Committee on
            International Relations of the House of
            Representatives, and the Committee on Foreign Relations
            of the Senate, a copy of an agreement or agreements
            entered into between the United States Government and
            the Government of the Russian Federation to shut down
            the three plutonium-producing reactors in Russia as
            specified under paragraph (2); and
              (B) the date on which the Administrator submits to
            the committees specified in subparagraph (A) a report
            on a plan to achieve international participation in the
            program referred to in subsection (a), including cost
            sharing.
        (2) The agreement (or agreements) under paragraph (1)(A)
    shall contain--
              (A) a commitment to shut down the three plutonium-
            producing reactors;
              (B) the date on which each such reactor will be shut
            down;
              (C) a schedule and milestones for each such reactor
            to complete the shutdown of such reactor by the date
            specified under subparagraph (B);
              (D) a schedule and milestones for refurbishment or
            construction of fossil fuel energy plants to be
            undertaken by the Government of the Russian Federation
            in support of the program;
              (E) an arrangement for access to sites and facilities
            necessary to meet such schedules and milestones;
              (F) an arrangement for audit and examination
            procedures in order to evaluate progress in meeting
            such schedules and milestones; and
              (G) any cost sharing arrangements between the United
            States Government and the Government of the Russian
            Federation in undertaking activities under such
            agreement (or agreements).
        (e) \7\ International Participation in Program.--(1) In
    order to achieve international participation in the program
    referred to in subsection (a), the Secretary of Energy may, in
    consultation with the Secretary of State, enter into one or
    more agreements with any person, foreign government, or other
    international organization that the Secretary considers
    appropriate for the contribution of funds by such person,
    government, or organization for purposes of the program.
    ---------------------------------------------------------------------------
        \7\ Sec. 3135 of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2170) added subsec. (e).
    ---------------------------------------------------------------------------
        (2) Notwithstanding section 3302 of title 31, United States
    Code, and subject to paragraphs (3) and (4), the Secretary may
    retain and utilize any amounts contributed by a person,
    government, or organization under an agreement under paragraph
    (1) for purposes of the program without further appropriation
    and without fiscal year limitation.
        (3) The Secretary may not utilize under paragraph (2) any
    amount contributed under an agreement under paragraph (1) until
    30 days after the date on which the Secretary notifies the
    congressional defense committees of the intent to utilize such
    amount, including the source of such amount and the proposed
    purpose for which such amount will be utilized.
        (4) If any amount contributed under paragraph (1) has not
    been utilized within five years of receipt under that
    paragraph, the Secretary shall return such amount to the
    person, government, or organization contributing such amount
    under that paragraph.
        (5) Not later than 30 days after the receipt of any amount
    contributed under paragraph (1), the Secretary shall submit to
    the congressional defense committees a notice of the receipt of
    such amount.
        (6) Not later than October 31 each year, the Secretary
    shall submit to the congressional defense committees a report
    on the receipt and utilization of amounts under this subsection
    during the preceding fiscal year. Each report for a fiscal year
    shall set forth--
              (A) a statement of any amounts received under this
            subsection, including the source of each such amount;
            and
              (B) a statement of any amounts utilized under this
            subsection, including the purpose for which such
            amounts were utilized.
        (7) The authority of the Secretary to accept and utilize
    amounts under this subsection shall expire on December 31,
    2011.
              * * * * * * *
               f. Cooperative Threat Reduction, Fiscal Year 2002

    Partial text of Public Law 107-107 [National Defense Authorization Act
     for Fiscal Year 2002; S. 1438], 115 Stat. 1012, approved December 28,
                                      2001

     AN ACT To authorize appropriations for fiscal year 2002 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 2002''.
              * * * * * * *

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        (a) Funds are hereby authorized to be appropriated for
    fiscal year 2002 for the useof the Armed Forces and other
    activities and agencies of the Department of Defense for
    expenses, not otherwise provided for, for operation and
    maintenance, in amounts as follows:
              (1)-(22) * * *
              (23) For Cooperative Threat Reduction programs,
            $403,000,000.\1\
    ---------------------------------------------------------------------------
        \1\ Title IX of the Department of Defense Appropriations Act, 2002
    (Division A of the Department of Defense and Emergency Supplemental
    Appropriations for Recovery from and Response to Terrorist Attacks on
    the United States Act, 2002; Public Law 107-117; 115 Stat. 2289)
    provided:
    ---------------------------------------------------------------------------

    ``Former Soviet Union Threat Reduction
    ---------------------------------------------------------------------------

        ``For assistance to the republics of the former Soviet Union,
    including assistance provided by contract or by grants, for
    facilitating the elimination and the safe and secure transportation and
    storage of nuclear, chemical and other weapons; for establishing
    programs to prevent the proliferation of weapons, weapons components,
    and weapon-related technology and expertise; for programs relating to
    the training and support of defense and military personnel for
    demilitarization and protection of weapons, weapons components and
    weapons technology and expertise, and for defense and military
    contacts, $403,000,000, to remain available until September 30, 2004:
    Provided, That of the amounts provided under this heading, $12,750,000
    shall be available only to support the dismantling and disposal of
    nuclear submarines and submarine reactor components in the Russian Far
    East.
         ``* * *''.
        Sec. 8054 of Division A of Public Law 107-117 (115 Stat. 2259)
    provided a rescission as follows:
    ---------------------------------------------------------------------------

    ``(rescissions)
    ---------------------------------------------------------------------------

        ``Sec. 8054. Of the funds provided in Department of Defense
    Appropriations Acts, the following funds are hereby rescinded from the
    following accounts and programs in the specified amounts:
    ---------------------------------------------------------------------------

      `` `Former Soviet Union Threat Reduction, 2000/2002', $32,000,000;

       ``* * *''.
    ---------------------------------------------------------------------------

        Chapter 3 of the Emergency Supplemental Act, 2002 (Division B of
    Public Law 107-117; 115 Stat. 2299) further provided the following:
    ---------------------------------------------------------------------------

    ``Defense Emergency Response Fund

    ``(including transfer of funds)
    ---------------------------------------------------------------------------

        ``For emergency expenses to respond to the September 11, 2001,
    terrorist attacks on the United States, for `Defense Emergency Response
    Fund', $3,395,600,000, to remain available until expended, to be
    obligated from amounts made available in Public Law 107-38, as follows:
    ---------------------------------------------------------------------------

      ``(1)-(6) * * *

    ``Provided further, That from unobligated balances under the heading
    `Former Soviet Union Threat Reduction', $30,000,000 shall be transferred to
    `Department of State, Nonproliferation, Anti-terrorism, Demining, and
    Related Programs' only for the purpose of supporting expansion of the
    Biological Weapons Redirect and International Science and Technology
    Centers programs, to prevent former Soviet biological weapons experts from
    emigrating to proliferant states and to reconfigure former Soviet
    biological weapons production facilities for peaceful uses.''.

              (24)-(25) * * *
              * * * * * * *

      TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
                                  SOVIET UNION

    Sec. 1301. Specification of Cooperative Threat Reduction programs and
              funds.
    Sec. 1302. Funding allocations.
    Sec. 1303. Limitation on use of funds until submission of reports.
    Sec. 1304. Requirement to consider use of revenue generated by
              activities carried out under Cooperative Threat Reduction
              programs.
    Sec. 1305. Prohibition against use of funds for second wing of fissile
              material storage facility.
    Sec. 1306. Prohibition against use of funds for certain construction
              activities.
    Sec. 1307. Reports on activities and assistance under Cooperative Threat
              Reduction programs.
    Sec. 1308. Chemical weapons destruction.
    Sec. 1309. Additional matter in annual report on activities and
              assistance under Cooperative Threat Reduction programs.

    SEC. 1301.\2\ SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS
                        AND FUNDS.

        (a) Specification of CTR Programs.--For purposes of section
    301 and other provisions of this Act, Cooperative Threat
    Reduction programs are the programs specified in section
    1501(b) of the National Defense Authorization Act for Fiscal
    Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
    note).
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 5952 note.
    ---------------------------------------------------------------------------
        (b) Fiscal Year 2002 Cooperative Threat Reduction Funds
    Defined.--As used in this title, the term ``fiscal year 2002
    Cooperative Threat Reduction funds'' means the funds
    appropriated pursuant to the authorization of appropriations in
    section 301 for Cooperative Threat Reduction programs.
        (c) Availability of Funds.--Funds appropriated pursuant to
    the authorization of appropriations in section 301 for
    Cooperative Threat Reduction programs shall be available for
    obligation for three fiscal years.

    SEC. 1302. FUNDING ALLOCATIONS.

        (a) Funding for Specific Purposes.--Of the $403,000,000
    authorized to be appropriated to the Department of Defense for
    fiscal year 2002 in section 301(23) for Cooperative Threat
    Reduction programs, not more than the following amounts may be
    obligated for the purposes specified:
              (1) For strategic offensive arms elimination in
            Russia, $133,405,000.
              (2) For strategic nuclear arms elimination in
            Ukraine, $51,500,000.
              (3) For nuclear weapons transportation security in
            Russia, $9,500,000.
              (4) For nuclear weapons storage security in Russia,
            $56,000,000.
              (5) For biological weapons proliferation prevention
            activities in the former Soviet Union, $17,000,000.
              (6) For activities designated as Other Assessments/
            Administrative Support, $13,221,000.
              (7) For defense and military contacts, $18,650,000.
              (8) For chemical weapons destruction in Russia,
            $50,000,000.
              (9) For weapons of mass destruction infrastructure
            elimination activities in Kazakhstan, $6,000,000.
              (10) For weapons of mass destruction infrastructure
            elimination activities in Ukraine, $6,024,000.
              (11) For activities to assist Russia in the
            elimination of plutonium production reactors,
            $41,700,000.
        (b) Report on Obligation or Expenditure of Funds for Other
    Purposes.--No fiscal year 2002 Cooperative Threat Reduction
    funds may be obligated or expended for a purpose other than a
    purpose listed in paragraphs (1) through (11) of subsection (a)
    until 30 days after the date that the Secretary of Defense
    submits to Congress a report on the purpose for which the funds
    will be obligated or expended and the amount of funds to be
    obligated or expended. Nothing in the preceding sentence shall
    be construed as authorizing the obligation or expenditure of
    fiscal year 2002 Cooperative Threat Reduction funds for a
    purpose for which the obligation or expenditure of such funds
    is specifically prohibited under this title or any other
    provision of law.
        (c) Limited Authority To Vary Individual Amounts.--(1)
    Subject to paragraphs (2) and (3), in any case in which the
    Secretary of Defense determines that it is necessary to do so
    in the national interest, the Secretary may obligate amounts
    appropriated for fiscal year 2002 for a purpose listed in any
    of the paragraphs in subsection (a) in excess of the amount
    specifically authorized for such purpose.
        (2) An obligation of funds for a purpose stated in any of
    the paragraphs in subsection (a) in excess of the specific
    amount authorized for such purpose may be made using the
    authority provided in paragraph (1) only after--
              (A) the Secretary submits to Congress notification of
            the intent to do so together with a complete discussion
            of the justification for doing so; and
              (B) 15 days have elapsed following the date of the
            notification.
        (3) The Secretary may not, under the authority provided in
    paragraph (1), obligate amounts for the purposes stated in
    paragraph (6), (7), or (11) of subsection (a) in excess of 115
    percent of the amount specifically authorized for such
    purposes.
        (d) Modification of Authority To Vary Individual Amounts of
    FY 2001 Funds.--Section 1302(c)(3) of the Floyd D. Spence
    National Defense Authorization Act for Fiscal Year 2001 (as
    enacted into law by Public Law 106-398; 114 Stat. 1654A-340) is
    amended by striking ``(4),''.

    SEC. 1303. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF REPORTS.

        Not more than 50 percent of fiscal year 2002 Cooperative
    Threat Reduction funds may be obligated or expended until 30
    days after the date of the submission of--
              (1) the report required to be submitted in fiscal
            year 2001 under section 1308(a) of the Floyd D. Spence
            National Defense Authorization Act for Fiscal Year 2001
            (as enacted into law by Public Law 106-398; 114 Stat.
            1654A-341); and
              (2) the multiyear plan required to be submitted for
            fiscal year 2001 under section 1308(h) of such Act.

    SEC. 1304.\3\ REQUIREMENT TO CONSIDER USE OF REVENUE GENERATED BY
                        ACTIVITIES CARRIED OUT UNDER COOPERATIVE THREAT
                        REDUCTION PROGRAMS.

        The Secretary of Defense shall consider the use of revenue
    generated by activities carried out under Cooperative Threat
    Reduction programs in negotiating and executing contracts with
    Russia to carry out such programs.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 5952 note.
    ---------------------------------------------------------------------------

    SEC. 1305.\3\ PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING OF
                        FISSILE MATERIAL STORAGE FACILITY.

        (a) Prohibition.--No fiscal year 2002 Cooperative Threat
    Reduction funds and no funds authorized to be appropriated for
    Cooperative Threat Reduction programs for any prior fiscal year
    may be used for the construction of a second wing for a storage
    facility for Russian fissile material.
        (b) Conforming Amendment.--Section 1304 of the Floyd D.
    Spence National Defense Authorization Act for Fiscal Year 2001
    (as enacted into law by Public Law 106-398; 114 Stat. 1654A-
    341) is amended to read as follows: * * *

    SEC. 1306. PROHIBITION AGAINST USE OF FUNDS FOR CERTAIN CONSTRUCTION
                        ACTIVITIES.

        No fiscal year 2002 Cooperative Threat Reduction funds may
    be used for construction activities carried out under Russia's
    program to eliminate the production of weapons grade plutonium.

    SEC. 1307. REPORTS ON ACTIVITIES AND ASSISTANCE UNDER COOPERATIVE
                        THREAT REDUCTION PROGRAMS.

        Section 1308(c)(4) of the Floyd D. Spence National Defense
    Authorization Act for Fiscal Year 2001 (as enacted into law by
    Public Law 106-398; 114 Stat. 1654A-342) is amended-- * * *

    SEC. 1308. CHEMICAL WEAPONS DESTRUCTION.

        Section 1305 of the National Defense Authorization Act for
    Fiscal Year 2000 (Public Law 106-65; 113 Stat. 794; 22 U.S.C.
    5952 note) is amended by inserting before the period at the end
    the following: * * *

    SEC. 1309. ADDITIONAL MATTER IN ANNUAL REPORT ON ACTIVITIES AND
                        ASSISTANCE UNDER COOPERATIVE THREAT REDUCTION
                        PROGRAMS.

        Section 1308(c) of the Floyd D. Spence National Defense
    Authorization Act for Fiscal Year 2001 (as enacted into law by
    Public Law 106-398; 114 Stat. 1654A-341) (as amended by section
    1308) is further amended by adding at the end of the following
    new paragraph: * * *
               g. Cooperative Threat Reduction, Fiscal Year 2001

    Partial text of Public Law 106-398 [National Defense Authorization Act,
     Fiscal Year 2001; H.R. 5408, enacted by reference in H.R. 4205], 114
    Stat. 1654, approved October 30, 2000; as amended by Public Law 107-107
    [National Defense Authorization Act for Fiscal Year 2002; S. 1438], 115
     Stat. 1012, approved December 28, 2001; Public Law 107-314 [Bob Stump
     National Defense Authorization Act for Fiscal Year 2003; H.R. 4546],
       116 Stat. 2458, approved December 2, 2002; and Public Law 109-163
     [National Defense Authorization Act for Fiscal Year 2006; H.R. 1815],
                    119 Stat. 3136, approved January 6, 2006

     AN ACT To authorize appropriations for fiscal year 2001 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,

    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION
                        ACT.

        The provisions of H.R. 5408 of the 106th Congress, as
    introduced on October 6, 2000, are hereby enacted into law.
              * * * * * * *

                              APPENDIX--H.R. 5408

              * * * * * * *

    SECTION 1. SHORT TITLE; FINDINGS.

        (a) Short Title.--This Act may be cited as the ``Floyd D.
    Spence National Defense Authorization Act for Fiscal Year
    2001''.
        (b) Findings.-- * * *
              * * * * * * *

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 2001 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance, in
    amounts as follows:
              (1)-(22) * * *
              (23) For Cooperative Threat Reduction programs,
            $443,400,000.\1\
    ---------------------------------------------------------------------------
        \1\ Title II of the Department of Defense Appropriations Act, 2001
    (Public Law 106-259; 114 Stat. 663) provided the following:
    ---------------------------------------------------------------------------

    ``Former Soviet Union Threat Reduction
    ---------------------------------------------------------------------------

        ``For assistance to the republics of the former Soviet Union,
    including assistance provided by contract or by grants, for
    facilitating the elimination and the safe and secure transportation and
    storage of nuclear, chemical and other weapons; for establishing
    programs to prevent the proliferation of weapons, weapons components,
    and weapon-related technology and expertise; for programs relating to
    the training and support of defense and military personnel for
    demilitarization and protection of weapons, weapons components and
    weapons technology and expertise, $443,400,000, to remain available
    until September 30, 2003: Provided, that of the amounts provided under
    this heading, $25,000,000 shall be available only to support the
    dismantling and disposal of nuclear submarines and submarine reactor
    components in the Russian Far East.''.
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              (24)-(25) * * *
              * * * * * * *

      TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
                                  SOVIET UNION

    Sec. 1301. Specification of Cooperative Threat Reduction programs and
              funds.
    Sec. 1302. Funding allocations.
    Sec. 1303. Prohibition on use of funds for elimination of conventional
              weapons.
    Sec. 1304. Limitations on use of funds for fissile material storage
              facility.
    Sec. 1305. Limitation on use of funds to support warhead dismantlement
              processing.
    Sec. 1306. Agreement on nuclear weapons storage sites.
    Sec. 1307. Limitation on use of funds for construction of fossil fuel
              energy plants; report.
    Sec. 1308. Reports on activities and assistance under Cooperative Threat
              Reduction programs.
    Sec. 1309. Russian chemical weapons elimination.
    Sec. 1310. Limitation on use of funds for elimination of weapons grade
              plutonium program.
    Sec. 1311. Report on audits of Cooperative Threat Reduction programs.

    SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
                        FUNDS.

        (a) Specification of CTR Programs.--For purposes of section
    301 and other provisions of this Act, Cooperative Threat
    Reduction programs are the programs specified in section
    1501(b) of the National Defense Authorization Act for Fiscal
    Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
    note).
        (b) Fiscal Year 2001 Cooperative Threat Reduction Funds
    Defined.--As used in this title, the term ``fiscal year 2001
    Cooperative Threat Reduction funds'' means the funds
    appropriated pursuant to the authorization of appropriations in
    section 301 for Cooperative Threat Reduction programs.
        (c) Availability of Funds.--Funds appropriated pursuant to
    the authorization of appropriations in section 301 for
    Cooperative Threat Reduction programs shall be available for
    obligation for three fiscal years.

    SEC. 1302. FUNDING ALLOCATIONS.

        (a) Funding for Specific Purposes.--Of the $443,400,000
    authorized to be appropriated to the Department of Defense for
    fiscal year 2001 in section 301(23) for Cooperative Threat
    Reduction programs, not more than the following amounts may be
    obligated for the purposes specified:
              (1) For strategic offensive arms elimination in
            Russia, $177,800,000.
              (2) For strategic nuclear arms elimination in
            Ukraine, $29,100,000.
              (3) For activities to support warhead dismantlement
            processing in Russia, $9,300,000.
              (4) For weapons transportation security in Russia,
            $14,000,000.
              (5) For planning, design, and construction of a
            storage facility for Russian fissile material,
            $57,400,000.
              (6) For weapons storage security in Russia,
            $89,700,000.
              (7) For development of a cooperative program with the
            Government of Russia to eliminate the production of
            weapons grade plutonium at Russian reactors,
            $32,100,000.
              (8) For biological weapons proliferation prevention
            activities in the former Soviet Union, $12,000,000.
              (9) For activities designated as Other Assessments/
            Administrative Support, $13,000,000.
              (10) For defense and military contacts, $9,000,000.
        (b) Report on Obligation or Expenditure of Funds for Other
    Purposes.--No fiscal year 2001 Cooperative Threat Reduction
    funds may be obligated or expended for a purpose other than a
    purpose listed in paragraphs (1) through (10) of subsection (a)
    until 30 days after the date that the Secretary of Defense
    submits to Congress a report on the purpose for which the funds
    will be obligated or expended and the amount of funds to be
    obligated or expended. Nothing in the preceding sentence shall
    be construed as authorizing the obligation or expenditure of
    fiscal year 2001 Cooperative Threat Reduction funds for a
    purpose for which the obligation or expenditure of such funds
    is specifically prohibited under this title or any other
    provision of law.
        (c) Limited Authority To Vary Individual Amounts.--(1)
    Subject to paragraphs (2) and (3), in any case in which the
    Secretary of Defense determines that it is necessary to do so
    in the national interest, the Secretary may obligate amounts
    appropriated for fiscal year 2001 for a purpose listed in any
    of the paragraphs in subsection (a) in excess of the amount
    specifically authorized for such purpose.
        (2) An obligation of funds for a purpose stated in any of
    the paragraphs in subsection (a) in excess of the specific
    amount authorized for such purpose may be made using the
    authority provided in paragraph (1) only after--
              (A) the Secretary submits to Congress notification of
            the intent to do so together with a complete discussion
            of the justification for doing so; and
              (B) 15 days have elapsed following the date of the
            notification.
        (3) The Secretary may not, under the authority provided in
    paragraph (1), obligate amounts for the purposes stated in any
    of paragraphs \2\ (5), (7), (9), or (10) of subsection (a) in
    excess of 115 percent of the amount specifically authorized for
    such purposes.
    ---------------------------------------------------------------------------
        \2\ Sec. 1302(d) of the National Defense Authorization Act for
    Fiscal Year 2002 (title XIII of division A of Public Law 107-107; 115
    Stat. 1012) struck out ``(4),'' at this point.
    ---------------------------------------------------------------------------

    SEC. 1303. PROHIBITION ON USE OF FUNDS FOR ELIMINATION OF CONVENTIONAL
                        WEAPONS.

        No fiscal year 2001 Cooperative Threat Reduction funds, and
    no funds appropriated for Cooperative Threat Reduction programs
    for any other fiscal year, may be obligated or expended for
    elimination of conventional weapons or the delivery vehicles
    primarily intended to deliver such weapons.

    SEC. 1304.\3\ LIMITATION ON USE OF FUNDS FOR FISSILE MATERIAL STORAGE
                        FACILITY.

        Out of funds authorized to be appropriated for Cooperative
    Threat Reduction programs for fiscal year 2001 or any other
    fiscal year, not more than $412,600,000 may be used for
    planning, design, or construction of the first wing for the
    storage facility for Russian fissile material referred to in
    section 1302(a)(5) other than planning, design, or construction
    to improve security at such first wing.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 5952 note. Sec. 1305(b) of the National Defense
    Authorization Act for Fiscal Year 2002 (title XIII of division A of
    Public Law 107-107; 115 Stat. 1012) replaced this section in its
    entirety with a newly drafted section. The former sec. 1304 read as
    follows:
    ---------------------------------------------------------------------------

    ``sec. 1304. limitations on use of funds for fissile material storage
    facility.
    ---------------------------------------------------------------------------

        ``(a) Limitations.--No fiscal year 2001 Cooperative Threat
    Reduction funds may be used--
    ---------------------------------------------------------------------------

      ``(1) for construction of a second wing for the storage facility for
    Russian fissile material referred to in section 1302(a)(5); or

      ``(2) for design or planning with respect to such facility until 15 days
    after the date that the Secretary of Defense submits to Congress
    notification that Russia and the United States have signed a written
    transparency agreement that provides for verification that material stored
    at the facility is of weapons origin.
    ---------------------------------------------------------------------------

        ``(b) Establishment of Funding Cap For First Wing of Storage
    Facility.--Out of funds authorized to be appropriated for Cooperative
    Threat Reduction programs for fiscal year 2001 or any other fiscal
    year, not more than $412,600,000 may be used for planning, design, or
    construction of the first wing for the storage facility for Russian
    fissile material referred to in section 1302(a)(5).''.
    ---------------------------------------------------------------------------

    SEC. 1305. LIMITATION ON USE OF FUNDS TO SUPPORT WARHEAD DISMANTLEMENT
                        PROCESSING.

        No fiscal year 2001 Cooperative Threat Reduction funds may
    be used for activities to support warhead dismantlement
    processing in Russia until 15 days after the date that the
    Secretary of Defense submits to Congress notification that the
    United States has reached an agreement with Russia, which shall
    provide for appropriate transparency measures, regarding
    assistance by the United States with respect to such
    processing.

    SEC. 1306. AGREEMENT ON NUCLEAR WEAPONS STORAGE SITES.

        The Secretary of Defense shall seek to enter into an
    agreement with Russia regarding procedures to allow the United
    States appropriate access to nuclear weapons storage sites for
    which assistance under Cooperative Threat Reduction programs is
    provided.

    SEC. 1307. LIMITATION ON USE OF FUNDS FOR CONSTRUCTION OF FOSSIL FUEL
                        ENERGY PLANTS; REPORT.

        (a) In General.--No fiscal year 2001 Cooperative Threat
    Reduction funds may be used for the construction of a fossil
    fuel energy plant intended to provide power to local
    communities that already receive power from nuclear energy
    plants that produce plutonium.
        (b) Report.--Not later than 60 days after the date of the
    enactment of this Act, the President shall submit to Congress a
    report detailing options for assisting Russia in the
    development of alternative energy sources to the three
    plutonium production reactors remaining in operation in Russia.
    The report shall include--
              (1) an assessment of the costs of building fossil
            fuel plants in Russia to replace the existing plutonium
            production reactors; and
              (2) an identification of funding sources, other than
            Cooperative Threat Reduction funds, that could possibly
            be used for the construction of such plants in the
            event that the option to use fossil fuel energy is
            chosen as part of a plan to shut down Russia's nuclear
            plutonium production reactors at Seversk and
            Zelenogorsk.

    SEC. 1308. \4\ REPORTS ON ACTIVITIES AND ASSISTANCE UNDER COOPERATIVE
                        THREAT REDUCTION PROGRAMS.

        (a) Annual Report.--In any year in which the budget of the
    President under section 1105 of title 31, United States Code,
    for the fiscal year beginning in such year requests funds for
    the Department of Defense for assistance or activities under
    Cooperative Threat Reduction programs with the states of the
    former Soviet Union, the Secretary of Defense shall submit to
    Congress a report on activities and assistance during the
    preceding fiscal year under Cooperative Threat Reduction
    programs setting forth the matters in subsection (c).
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 5959.
    ---------------------------------------------------------------------------
        (b) Deadline for Report.--The report under subsection (a)
    shall be submitted not later than the first Monday in February
    of a year.
        (c) Matters To Be Included.--The report under subsection
    (a) in a year shall set forth the following:
              (1) An estimate of the total amount that will be
            required to be expended by the United States in order
            to achieve the objectives of the Cooperative Threat
            Reduction programs.
              (2) A five-year plan setting forth the amount of
            funds and other resources proposed to be provided by
            the United States for Cooperative Threat Reduction
            programs over the term of the plan, including the
            purpose for which such funds and resources will be
            used, and to provide guidance for the preparation of
            annual budget submissions with respect to Cooperative
            Threat Reduction programs.
              (3) A description of the Cooperative Threat Reduction
            activities carried out during the fiscal year ending in
            the year preceding the year of the report, including--
                      (A) the amounts notified, obligated, and
                    expended for such activities and the purposes
                    for which such amounts were notified,
                    obligated, and expended for such fiscal year
                    and cumulatively for Cooperative Threat
                    Reduction programs;
                      (B) a description of the participation, if
                    any, of each department and agency of the
                    United States Government in such activities;
                      (C) a description of such activities,
                    including the forms of assistance provided;
                      (D) a description of the United States
                    private sector participation in the portion of
                    such activities that were supported by the
                    obligation and expenditure of funds for
                    Cooperative Threat Reduction programs; and
                      (E) such other information as the Secretary
                    of Defense considers appropriate to inform
                    Congress fully of the operation of Cooperative
                    Threat Reduction programs and activities,
                    including with respect to proposed
                    demilitarization or conversion projects,
                    information on the progress toward
                    demilitarization of facilities and the
                    conversion of the demilitarized facilities to
                    civilian activities.
              (4) A description of the means (including program
            management, audits, examinations, and other means) used
            \5\ by the United States during the fiscal year ending
            in the year preceding the year of the report to ensure
            that assistance provided under Cooperative Threat
            Reduction programs is fully accounted for, that such
            assistance is being used for its intended purpose, and
            that such assistance is being used efficiently and
            effectively \5\, including--
    ---------------------------------------------------------------------------
        \5\ Sec. 1307(1)(A) of the National Defense Authorization Act for
    Fiscal Year 2002 (title XIII of division A of Public Law 107-107; 115
    Stat. 1012) struck out ``audits, examinations, and other efforts, such
    as on-site inspections, conducted'' and inserted in lieu thereof
    ``means (including program management, audits, examinations, and other
    means) used'', and sec. 1307(1)(B) of that Act struck out ``and that
    such assistance is being used for its intended purpose'' and inserted
    in lieu thereof ``, that such assistance is being used for its intended
    purpose, and that such assistance is being used efficiently and
    effectively''.
    ---------------------------------------------------------------------------
                      (A) if such assistance consisted of
                    equipment, a description of the current
                    location of such equipment and the current
                    condition of such equipment;
                      (B) if such assistance consisted of contracts
                    or other services, a description of the status
                    of such contracts or services and the methods
                    used to ensure that such contracts and services
                    are being used for their intended purpose;
                      (C) a determination whether the assistance
                    described in subparagraphs (A) and (B) has been
                    used for its intended purpose and an assessment
                    of whether the assistance being provided is
                    being used effectively and efficiently \6\; and
    ---------------------------------------------------------------------------
        \6\ Sec. 1307(2) of the National Defense Authorization Act for
    Fiscal Year 2002 (title XIII of division A of Public Law 107-107; 115
    Stat. 1012) inserted ``and an assessment of whether the assistance
    being provided is being used effectively and efficiently''.
    ---------------------------------------------------------------------------
                      (D) a description of the \7\ efforts planned
                    to be carried out during the fiscal year
                    beginning in the year of the report to ensure
                    that Cooperative Threat Reduction assistance
                    provided during such fiscal year is fully
                    accounted for and is used for its intended
                    purpose.
    ---------------------------------------------------------------------------
        \7\ Sec. 1307(3) of the National Defense Authorization Act for
    Fiscal Year 2002 (title XIII of division A of Public Law 107-107; 115
    Stat. 1012) struck out ``audits, examinations, and other'' at this
    point.
    ---------------------------------------------------------------------------
              (5) A current description of the tactical nuclear
            weapons arsenal of Russia, including--
                      (A) an estimate of the current types,
                    numbers, yields, viability, locations, and
                    deployment status of the nuclear warheads in
                    that arsenal;
                      (B) an assessment of the strategic relevance
                    of such warheads;
                      (C) an assessment of the current and
                    projected threat of theft, sale, or
                    unauthorized use of such warheads; and
                      (D) a summary of past, current, and planned
                    United States efforts to work cooperatively
                    with Russia to account for, secure, and reduce
                    Russia's stockpile of tactical nuclear warheads
                    and associated fissile materials.
              (6) \8\ A description of the amount of the financial
            commitment from the international community, and from
            Russia, for the chemical weapons destruction facility
            located at Shchuch'ye, Russia, for the fiscal year
            beginning in the year in which the report is submitted.
    ---------------------------------------------------------------------------
        \8\ Sec. 1309 of the National Defense Authorization Act for Fiscal
    Year 2002 (title XIII of division A of Public Law 107-107; 115 Stat.
    1012) added para. (6).
    ---------------------------------------------------------------------------
              (6) \9\ To the maximum extent practicable, a
            description of how revenue generated by activities
            carried out under Cooperative Threat Reduction programs
            in recipient States is being utilized, monitored, and
            accounted for.
    ---------------------------------------------------------------------------
        \9\ Sec. 1304(a) of the Bob Stump National Defense Authorization
    Act for Fiscal Year 2003 (title XIII of division A of Public Law 107-
    314; 116 Stat. 2458) added paras. (6) and (7). Sec. 1309 of the
    National Defense Authorization Act for Fiscal Year 2002 (title XIII of
    division A of Public Law 107-107; 115 Stat. 1012) had earlier added a
    para. (6), resulting in two paragraphs designated ``(6)''.
    ---------------------------------------------------------------------------
              (7) \9\ A description of the defense and military
            activities carried out under Cooperative Threat
            Reduction programs during the fiscal year ending in the
            year preceding the year of the report, including--
                      (A) the amounts obligated or expended for
                    such activities;
                      (B) the purposes, goals, and objectives for
                    which such amounts were obligated and expended;
                      (C) a description of the activities carried
                    out, including the forms of assistance
                    provided, and the justification for each form
                    of assistance provided;
                      (D) the success of each activity, including
                    the goals and objectives achieved for each;
                      (E) a description of participation by private
                    sector entities in the United States in
                    carrying out such activities, and the
                    participation of any other Federal department
                    or agency in such activities; and
                      (F) any other information that the Secretary
                    considers relevant to provide a complete
                    description of the operation and success of
                    activities carried out under Cooperative Threat
                    Reduction programs.
        (d) Input of DCI.--The Director of Central Intelligence
    shall submit to the Secretary of Defense the views of the
    Director on any matters covered by subsection (c)(5) in a
    report under subsection (a). Such views shall be included in
    such report as a classified annex to such report.
        (f) \10\ First Report.--The first report submitted under
    subsection (a) shall be submitted in 2001.
    ---------------------------------------------------------------------------
        \10\ Sec. 1305 of the National Defense Authorization Act for Fiscal
    Year 2006 (Public Law 109-163; 119 Stat. 3136) struck out subsec. (e)
    from this section. Subsec. (e) had read as follows:
        ``(e) Comptroller General Assessment.--Not later than 90 days after
    the date on which a report is submitted to Congress under subsection
    (a), the Comptroller General shall submit to Congress a report setting
    forth the Comptroller General's assessment of the information described
    in paragraphs (2) and (4) of subsection (c).''.
    ---------------------------------------------------------------------------
        (g) Repeal of Superseded Reporting Requirements.--(1) The
    following provisions of law are repealed:
              (A) Section 1207 of the Cooperative Threat Reduction
            Act of 1994 (title XII of Public Law 103-160; 107 Stat.
            1782; 22 U.S.C. 5956), relating to semiannual reports
            on Cooperative Threat Reduction.
              (B) Section 1203 of the National Defense
            Authorization Act for Fiscal Year 1995 (Public Law 103-
            337; 108 Stat. 2882), relating to a report accounting
            for United States assistance for Cooperative Threat
            Reduction.
              (C) Section 1206 of the National Defense
            Authorization Act for Fiscal Year 1996 (Public Law 104-
            106; 22 U.S.C. 5955 note), relating to accounting for
            United States assistance for Cooperative Threat
            Reduction.
              (D) Section 1307 of the National Defense
            Authorization Act for Fiscal Year 2000 (Public Law 106-
            65; 113 Stat. 795), relating to a limitation on use of
            funds for Cooperative Threat Reduction pending
            submittal of a multiyear plan.
        (2) Effective on the date the Secretary of Defense submits
    to Congress an updated version of the multiyear plan for fiscal
    year 2001 as described in subsection (h), section 1205 of the
    National Defense Authorization Act for Fiscal Year 1995 (108
    Stat. 2883; 10 U.S.C. 5952 note), relating to multiyear
    planning and Allied support for Cooperative Threat Reduction,
    is repealed.
        (3) Section 1312 of the National Defense Authorization Act
    for Fiscal Year 2000 (113 Stat. 796; 22 U.S.C. 5955 note),
    relating to Russian nonstrategic nuclear arms, is amended--
              (A) by striking ``(a) Sense of Congress.--''; and
              (B) by striking subsections (b) and (c).
        (h) Limitation on Use of Funds Until Submission of
    Multiyear Plan.--Not more than 10 percent of fiscal year 2001
    Cooperative Threat Reduction funds may be obligated or expended
    until the Secretary of Defense submits to Congress an updated
    version of the multiyear plan for fiscal year 2001 required to
    be submitted under section 1205 of the National Defense
    Authorization Act for Fiscal Year 1995 (Public Law 103-337; 22
    U.S.C. 5952 note).
        (i) Report on Russian Nonstrategic Nuclear Arms.--Not later
    than 30 days after the date of the enactment of this Act, the
    Secretary of Defense shall submit to Congress a report on the
    following regarding Russia's arsenal of tactical nuclear
    warheads:
              (1) Estimates regarding current types, numbers,
            yields, viability, locations, and deployment status of
            the warheads.
              (2) An assessment of the strategic relevance of the
            warheads.
              (3) An assessment of the current and projected threat
            of theft, sale, or unauthorized use of the warheads.
              (4) A summary of past, current, and planned United
            States efforts to work cooperatively with Russia to
            account for, secure, and reduce Russia's stockpile of
            tactical nuclear warheads and associated fissile
            material.

    SEC. 1309. RUSSIAN CHEMICAL WEAPONS ELIMINATION.

        (a) Sense of Congress.--It is the sense of Congress that
    the international community should, when practicable, assist
    Russia in eliminating its chemical weapons stockpile in
    accordance with Russia's obligations under the Chemical Weapons
    Convention, and that the level of such assistance should be
    based on--
              (1) full and accurate disclosure by Russia of the
            size of its existing chemical weapons stockpile;
              (2) a demonstrated annual commitment by Russia to
            allocate at least $25,000,000 to chemical weapons
            elimination;
              (3) development by Russia of a practical plan for
            destroying its stockpile of nerve agents;
              (4) enactment of a law by Russia that provides for
            the elimination of all nerve agents at a single site;
            and
              (5) an agreement by Russia to destroy its chemical
            weapons production facilities at Volgograd and
            Novocheboksark.
        (b) Report.--Not later than 90 days after the date of the
    enactment of this Act, the Secretary of Defense shall submit to
    the Committees on Armed Services of the Senate and the House of
    Representatives a report that identifies--
              (1) the amount spent by Russia for chemical weapons
            elimination during fiscal year 2000;
              (2) the specific assistance being provided to Russia
            by the international community for the safe storage and
            elimination of Russia's stockpile of nerve agents,
            including those nerve agents located at the Shchuch'ye
            depot;
              (3) the countries providing the assistance identified
            in paragraph (2); and
              (4) the value of the assistance that the
            international community has already provided and has
            committed to provide in future years for the purpose
            described in paragraph (2).
        (c) Chemical Weapons Convention Defined.--In this section,
    the term ``Chemical Weapons Convention'' means the Convention
    on the Prohibition of the Development, Production, Stockpiling
    and Use of Chemical Weapons and on Their Destruction, opened
    for signature on January 13, 1993.

    SEC. 1310. LIMITATION ON USE OF FUNDS FOR ELIMINATION OF WEAPONS GRADE
                        PLUTONIUM PROGRAM.

        Of the amounts authorized to be appropriated by this Act
    for fiscal year 2001 for the Elimination of Weapons Grade
    Plutonium Program, not more than 50 percent of such amounts may
    be obligated or expended for the program in fiscal year 2001
    until 30 days after the date on which the Secretary of Defense
    submits to the Committees on Armed Services of the Senate and
    House of Representatives a report on an agreement between the
    United States Government and the Government of the Russian
    Federation regarding a new option selected for the shut down or
    conversion of the reactors of the Russian Federation that
    produce weapons grade plutonium, including--
              (1) the new date on which such reactors will cease
            production of weapons grade plutonium under such
            agreement by reason of the shut down or conversion of
            such reactors; and
              (2) any cost-sharing arrangements between the United
            States Government and the Government of the Russian
            Federation in undertaking activities under such
            agreement.

    SEC. 1311. REPORT ON AUDITS OF COOPERATIVE THREAT REDUCTION PROGRAMS.

        Not later than March 31, 2001, the Comptroller General
    shall submit to Congress a report examining the procedures and
    mechanisms with respect to audits by the Department of Defense
    of the use of funds for Cooperative Threat Reduction programs.
    The report shall examine the following:
              (1) Whether the audits being conducted by the
            Department of Defense are producing necessary
            information regarding whether assistance under such
            programs, including equipment provided and services
            furnished, is being used as intended.
              (2) Whether the audit procedures of the Department of
            Defense are adequate, including whether random
            samplings are used.
              * * * * * * *
               h. Cooperative Threat Reduction, Fiscal Year 2000

     Partial text of Public Law 106-65 [National Defense Authorization Act
      for Fiscal Year 2000; S. 1059], 113 Stat. 512, approved October 5,
       1999; as amended by Public Law 106-398 [Floyd D. Spence National
     Defense Authorization Act for Fiscal Year 2000; H.R. 4205], 114 Stat.
       1654, approved October 30, 2000; and Public Law 107-107 [National
      Defense Authorization Act for Fiscal Year 2002; S. 1438], 115 Stat.
                        1012, approved December 28, 2001

     AN ACT To authorize appropriations for fiscal year 2000 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 2000''.
              * * * * * * *

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

              * * * * * * *

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 2000 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance, in
    amounts as follows:
              (1)-(22) * * *
              (23) For Cooperative Threat Reduction programs,
            $475,500,000.\1\
    ---------------------------------------------------------------------------
        \1\ Sec. 8054 of Division A of Public Law 107-117 (115 Stat. 2259)
    provided a rescission as follows:
    ---------------------------------------------------------------------------

    ``(rescissions)
    ---------------------------------------------------------------------------

        ``Sec. 8054. Of the funds provided in Department of Defense
    Appropriations Acts, the following funds are hereby rescinded from the
    following accounts and programs in the specified amounts:
    ---------------------------------------------------------------------------

      `` `Former Soviet Union Threat Reduction, 2000/2002', $32,000,000;

       ``* * *''.

              (24)-(25) * * *
              * * * * * * *

      TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
                                  SOVIET UNION

    Sec. 1301. Specification of Cooperative Threat Reduction programs and
              funds.
    Sec. 1302. Funding allocations.
    Sec. 1303. Prohibition on use of funds for specified purposes.
    Sec. 1304. Limitations on use of funds for fissile material storage
              facility.
    Sec. 1305. Limitation on use of funds for chemical weapons destruction.
    Sec. 1306. Limitation on use of funds until submission of report.
    Sec. 1308. Requirement to submit report.
    Sec. 1309. Report on Expanded Threat Reduction Initiative.
    Sec. 1310. Limitation on use of funds until submission of certification.
    Sec. 1311. Period covered by annual report on accounting for United
              States assistance under Cooperative Threat Reduction programs.
    Sec. 1312. Russian nonstrategic nuclear arms.

    SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
                        FUNDS.

        (a) \2\ Specification of CTR Programs.--For purposes of
    section 301 and other provisions of this Act, Cooperative
    Threat Reduction programs are the programs specified in section
    1501(b) of the National Defense Authorization Act for Fiscal
    Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
    note).
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 5952 note.
    ---------------------------------------------------------------------------
        (b) \2\ Fiscal Year 2000 Cooperative Threat Reduction Funds
    Defined.--As used in this title, the term ``fiscal year 2000
    Cooperative Threat Reduction funds'' means the funds
    appropriated pursuant to the authorization of appropriations in
    section 301 for Cooperative Threat Reduction programs.
        (c) Availability of Funds.--Funds appropriated pursuant to
    the authorization of appropriations in section 301 for
    Cooperative Threat Reduction programs shall be available for
    obligation for three fiscal years.

    SEC. 1302. FUNDING ALLOCATIONS.

        (a) Funding for Specific Purposes.--Of the $475,500,000
    authorized to be appropriated to the Department of Defense for
    fiscal year 2000 in section 301(23) for Cooperative Threat
    Reduction programs, not more than the following amounts may be
    obligated for the purposes specified:
              (1) For strategic offensive arms elimination in
            Russia, $177,300,000.
              (2) For strategic nuclear arms elimination in
            Ukraine, $41,800,000.
              (3) For activities to support warhead dismantlement
            processing in Russia, $9,300,000.
              (4) For security enhancements at chemical weapons
            storage sites in Russia, $20,000,000.
              (5) For weapons transportation security in Russia,
            $15,200,000.
              (6) For planning, design, and construction of a
            storage facility for Russian fissile material,
            $64,500,000.
              (7) For weapons storage security in Russia,
            $99,000,000.
              (8) For development of a cooperative program with the
            Government of Russia to eliminate the production of
            weapons grade plutonium at Russian reactors,
            $32,300,000.
              (9) For biological weapons proliferation prevention
            activities in Russia, $12,000,000.
              (10) For activities designated as Other Assessments/
            Administrative Support, $1,800,000.
              (11) For defense and military contacts, $2,300,000.
        (b) Report on Obligation or Expenditure of Funds for Other
    Purposes.--No fiscal year 2000 Cooperative Threat Reduction
    funds may be obligated or expended for a purpose other than a
    purpose listed in paragraphs (1) through (11) of subsection (a)
    until 30 days after the date that the Secretary of Defense
    submits to Congress a report on the purpose for which the funds
    will be obligated or expended and the amount of funds to be
    obligated or expended. Nothing in the preceding sentence shall
    be construed as authorizing the obligation or expenditure of
    fiscal year 2000 Cooperative Threat Reduction funds for a
    purpose for which the obligation or expenditure of such funds
    is specifically prohibited under this title.
        (c) Limited Authority To Vary Individual Amounts.--(1)
    Subject to paragraphs (2) and (3), in any case in which the
    Secretary of Defense determines that it is necessary to do so
    in the national interest, the Secretary may obligate amounts
    appropriated for fiscal year 2000 for a purpose listed in any
    of the paragraphs in subsection (a) in excess of the amount
    specifically authorized for such purpose.
        (2) An obligation of funds for a purpose stated in any of
    the paragraphs in subsection (a) in excess of the specific
    amount authorized for such purpose may be made using the
    authority provided in paragraph (1) only after--
              (A) the Secretary submits to Congress notification of
            the intent to do so together with a complete discussion
            of the justification for doing so; and
              (B) 15 days have elapsed following the date of the
            notification.
        (3) The Secretary may not, under the authority provided in
    paragraph (1), obligate amounts for the purposes stated in any
    of paragraphs (4) through (6), (8), (10), or (11) of subsection
    (a) in excess of 115 percent of the amount specifically
    authorized for such purposes.

    SEC. 1303.\2\ PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.

        (a) In General.--No fiscal year 2000 Cooperative Threat
    Reduction funds, and no funds appropriated for Cooperative
    Threat Reduction programs after the date of the enactment of
    this Act, may be obligated or expended for any of the following
    purposes:
              (1) Conducting with Russia any peacekeeping exercise
            or other peacekeeping-related activity.
              (2) Provision of housing.
              (3) Provision of assistance to promote environmental
            restoration.
              (4) Provision of assistance to promote job
            retraining.
        (b) Limitation with Respect to Defense Conversion
    Assistance.--None of the funds appropriated pursuant to the
    authorization of appropriations in section 301 of this Act, and
    no funds appropriated to the Department of Defense in any other
    Act enacted after the date of the enactment of this Act, may be
    obligated or expended for the provision of assistance to Russia
    or any other state of the former Soviet Union to promote
    defense conversion.
        (c) Limitation with Respect to Conventional Weapons.--No
    fiscal year 2000 Cooperative Threat Reduction funds may be
    obligated or expended for elimination of conventional weapons
    or the delivery vehicles primarily intended to deliver such
    weapons.

    SEC. 1304.\2\ LIMITATIONS ON USE OF FUNDS FOR FISSILE MATERIAL STORAGE
                        FACILITY.

        (a) Limitations on Use of Fiscal Year 2000 Funds.--No
    fiscal year 2000 Cooperative Threat Reduction funds may be
    used--
              (1) for construction of a second wing for the storage
            facility for Russian fissile material referred to in
            section 1302(a)(6); or
              (2) for design or planning with respect to such
            facility until 15 days after the date that the
            Secretary of Defense submits to Congress notification
            that Russia and the United States have signed a
            verifiable written transparency agreement that ensures
            that material stored at the facility is of weapons
            origin.
        (b) Limitation on Construction.--No funds authorized to be
    appropriated for Cooperative Threat Reduction programs may be
    used for construction of the storage facility referred to in
    subsection (a) until the Secretary of Defense submits to
    Congress the following:
              (1) A certification that additional capacity is
            necessary at such facility for storage of Russian
            weapons-origin fissile material.
              (2) A detailed cost estimate for a second wing for
            the facility.
              (3) A certification that Russia and the United States
            have signed a verifiable written transparency agreement
            that ensures that material stored at the facility is of
            weapons origin.

    SEC. 1305.\2\, \3\ LIMITATION ON USE OF FUNDS FOR CHEMICAL
                        WEAPONS DESTRUCTION.

        No fiscal year 2000 Cooperative Threat Reduction funds, and
    no funds appropriated for Cooperative Threat Reduction programs
    after the date of the enactment of this Act, may be obligated
    or expended for planning, design, or construction of a chemical
    weapons destruction facility in Russia until the Secretary of
    Defense submits to Congress a certification that there has
    been-- \4\
    ---------------------------------------------------------------------------
        \3\ Sec. 1303 of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2093; 22 U.S.C. 5952 note) provided the following with respect to a
    waiver on the limitation in sec. 1305:
    ---------------------------------------------------------------------------

    ``sec. 1303. temporary authority to waive limitation on funding for
    chemical weapons destruction facility in russia.
    ---------------------------------------------------------------------------

        ``(a) Temporary Authority.--Section 1305 of the National Defense
    Authorization Act for Fiscal Year 2000 (Public Law 106-65; 22 U.S.C.
    5952 note) shall not apply for a calendar year for which the President
    submits to Congress a written certification that includes--
    ---------------------------------------------------------------------------

      ``(1) a statement as to why a waiver of the conditions described in such
    section 1305 is important to the national security interests of the United
    States;

      ``(2) a full and complete justification for the waiver of the conditions;
    and

      ``(3) a plan to promote a full and accurate disclosure by Russia
    regarding the size, content, status, and location of its chemical weapons
    stockpile.
    ---------------------------------------------------------------------------

        ``(b) Expiration.--The authority in subsection (a) shall expire on
    December 31, 2006, and no waiver shall remain in effect after that
    date.''.
        \4\ Sec. 1308 of the National Defense Authorization Act for Fiscal
    Year 2002 (title XIII of division A of Public Law 107-107; 115 Stat.
    1012) added ``until the Secretary of Defense submits to Congress a
    certification that there has been--'' after the word ``Russia'' and
    also added paras. (1) through (6) to this section.
    ---------------------------------------------------------------------------
              (1) \4\ information provided by Russia, that the
            United States assesses to be full and accurate,
            regarding the size of the chemical weapons stockpile of
            Russia;
              (2) \4\ a demonstrated annual commitment by Russia to
            allocate at least $25,000,000 to chemical weapons
            elimination;
              (3) \4\ development by Russia of a practical plan for
            destroying its stockpile of nerve agents;
              (4) \4\ enactment of a law by Russia that provides
            for the elimination of all nerve agents at a single
            site;
              (5) \4\ an agreement by Russia to destroy or convert
            its chemical weapons production facilities at Volgograd
            and Novocheboksark; and
              (6) \4\ a demonstrated commitment from the
            international community to fund and build
            infrastructure needed to support and operate the
            facility.

    SEC. 1306. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF REPORT.

        Not more than 50 percent of the fiscal year 2000
    Cooperative Threat Reduction funds may be obligated or expended
    until the Secretary of Defense submits to Congress a report
    describing--
              (1) with respect to each purpose listed in section
            1302, whether the Department of Defense is the
            appropriate executive agency to carry out Cooperative
            Threat Reduction programs for such purpose, and if so,
            why; and
              (2) for any purpose that the Secretary determines is
            not appropriately carried out by the Department of
            Defense, a plan for migrating responsibility for
            carrying out such purpose to the appropriate agency.

    SEC. 1307.\5\ * * * [REPEALED--2000]

    SEC. 1308. REQUIREMENT TO SUBMIT REPORT.

        Not later than December 31, 1999, the Secretary of Defense
    shall submit to Congress a report including--
    ---------------------------------------------------------------------------
        \5\ Sec. 1307 limited the use of CTR funds pending submittal of a
    multiyear plan. Sec. 1308(g)(1)(D) of Public Law 106-398 (114 Stat.
    1654A-343) repealed this section. Sec. 1308 of that Act repealed
    several CTR reporting requirements and established a new, consolidated,
    report on activities and assistance under CTR programs.
    ---------------------------------------------------------------------------
              (1) an explanation of the strategy of the Department
            of Defense for encouraging States of the former Soviet
            Union that receive funds through Cooperative Threat
            Reduction programs to contribute financially to the
            threat reduction effort;
              (2) a prioritization of the projects carried out by
            the Department of Defense under Cooperative Threat
            Reduction programs;
              (3) an identification of any limitations that the
            United States has imposed or will seek to impose,
            either unilaterally or through negotiations with
            recipient States, on the level of assistance provided
            by the United States for each of such projects; and
              (4) an identification of the amount of international
            financial assistance provided for Cooperative Threat
            Reduction programs by other States.

    SEC. 1309. REPORT ON EXPANDED THREAT REDUCTION INITIATIVE.

        Not later than March 31, 2000, the President shall submit
    to Congress a report on the Expanded Threat Reduction
    Initiative. Such report shall include a description of the
    plans for ensuring effective coordination between executive
    agencies in carrying out the Expanded Threat Reduction
    Initiative to minimize duplication of efforts.

    SEC. 1310. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF
                        CERTIFICATION.

        No funds appropriated for fiscal year 1999 for Cooperative
    Threat Reduction programs and remaining available for
    obligation or expenditure may be obligated or expended for
    assistance for any country under a Cooperative Threat Reduction
    Program until the President resubmits to Congress an updated
    certification under section 1203(d) of the Cooperative Threat
    Reduction Act of 1993 (title XII of Public Law 103-160; 22
    U.S.C. 5952(d)), section 1412(d) of the Former Soviet Union
    Demilitarization Act of 1992 (title XIV of Public Law 102-484;
    22 U.S.C. 5902(d)), and section 502 of the Freedom for Russia
    and Emerging Eurasian Democracies and Open Markets Support Act
    of 1992 (Public Law 102-511; 22 U.S.C. 5852).

    SEC. 1311. PERIOD COVERED BY ANNUAL REPORT ON ACCOUNTING FOR UNITED
                        STATES ASSISTANCE UNDER COOPERATIVE THREAT
                        REDUCTION PROGRAMS.

        Section 1206(a)(2) of the National Defense Authorization
    Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 471; 22
    U.S.C. 5955 note) is amended to read as follows: * * *

    SEC. 1312.\6\ RUSSIAN NONSTRATEGIC NUCLEAR ARMS.

        It \7\ is the sense of Congress that--
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 5955 note.
        \7\ Sec. 1308(g)(3) of Public Law 106-398 (114 Stat. 1654A-343)
    struck out ``(a) Sense of Congress.--'' and further struck out subsecs.
    (b) and (c), which had required inclusion of information on Russia's
    arsenal of tactical nuclear warheads and related details in the CTR
    annual report.
    ---------------------------------------------------------------------------
              (1) it is in the interest of Russia to fully
            implement the Presidential Nuclear Initiatives
            announced in 1991 and 1992 by then-President of the
            Soviet Union Gorbachev and then-President of Russia
            Yeltsin;
              (2) the President of the United States should call on
            Russia to match the unilateral reductions in the United
            States inventory of tactical nuclear weapons, which
            have reduced the inventory by nearly 90 percent; and
              (3) if the re-certification under section 1310 is
            made, the President should emphasize the continued
            interest of the United States in working cooperatively
            with Russia to reduce the dangers associated with
            Russia's tactical nuclear arsenal.
              * * * * * * *
               i. Cooperative Threat Reduction, Fiscal Year 1999

      Partial text of Public Law 105-261 [Strom Thurmond National Defense
      Authorization Act for Fiscal Year 1999; H.R. 3616], 112 Stat. 1920,
    approved October 17, 1998; as amended by Public Law 108-375 [Ronald W.
     Reagan National Defense Authorization Act for Fiscal Year 2005; H.R.
                4200] 118 Stat. 1811, approved October 28, 2004

     AN ACT To authorize appropriations for fiscal year 1999 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,

    SECTION 1. SHORT TITLE; FINDINGS.

        (a) Short Title.--This Act may be cited as the ``Strom
    Thurmond National Defense Authorization Act for Fiscal Year
    1999''.
        (b) Findings.-- * * *
              * * * * * * *

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 1999 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance, in
    amounts as follows:
              (1)-(22) * * *
              (23) For Cooperative Threat Reduction programs,
            $440,400,000.
              (24) * * *
              * * * * * * *

      TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
                                  SOVIET UNION

    Sec. 1301. Specification of Cooperative Threat Reduction programs and
              funds.
    Sec. 1302. Funding allocations.
    Sec. 1303. Prohibition on use of funds for specified purposes.
    Sec. 1304. Limitation on use of funds for chemical weapons destruction
              activities in Russia.
    Sec. 1305. Limitation on use of funds for biological weapons
              proliferation prevention activities in Russia.
    Sec. 1306. Cooperative counter-proliferation program.
    Sec. 1307. Requirement to submit summary of amounts requested by project
              category.
    Sec. 1308. Report on biological weapons programs in Russia.
    Sec. 1309. Report on individuals with expertise in former Soviet weapons
              of mass destruction programs.

    SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
                        FUNDS.

        (a) \1\ Specification of CTR Programs.--(1) For purposes of
    section 301 and other provisions of this Act, Cooperative
    Threat Reduction programs are the programs specified in section
    1501(b) of the National Defense Authorization Act for Fiscal
    Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
    note) (as amended by paragraph (2)).
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 5952 note.
    ---------------------------------------------------------------------------
        (2) Section 1501(b)(3) of such Act is amended by inserting
    ``materials,'' after ``components,''.
        (b) Fiscal Year 1999 Cooperative Threat Reduction Funds
    Defined.--As used in this title, the term ``fiscal year 1999
    Cooperative Threat Reduction funds'' means the funds
    appropriated pursuant to the authorization of appropriations in
    section 301 for Cooperative Threat Reduction programs.
        (c) Availability of Funds.--Funds appropriated pursuant to
    the authorization of appropriations in section 301 for
    Cooperative Threat Reduction programs shall be available for
    obligation for three fiscal years.

    SEC. 1302. FUNDING ALLOCATIONS.

        (a) Funding for Specific Purposes.--Of the amounts
    authorized to be appropriated to the Department of Defense for
    fiscal year 1999 in section 301(23), $440,400,000 shall be
    available to carry out Cooperative Threat Reduction programs,
    of which not more than the following amounts may be obligated
    for the purposes specified:
              (1) For strategic offensive arms elimination in
            Russia, $142,400,000.
              (2) For strategic nuclear arms elimination in
            Ukraine, $47,500,000.
              (3) For activities to support warhead dismantlement
            processing in Russia, $9,400,000.
              (4) For activities associated with chemical weapons
            destruction in Russia, $88,400,000.
              (5) For weapons transportation security in Russia,
            $10,300,000.
              (6) For planning, design, and construction of a
            storage facility for Russian fissile material,
            $60,900,000.
              (7) For weapons storage security in Russia,
            $41,700,000.
              (8) For development of a cooperative program with the
            Government of Russia to eliminate the production of
            weapons grade plutonium at Russian reactors,
            $29,800,000.
              (9) For biological weapons proliferation prevention
            activities in Russia, $2,000,000.
              (10) For activities designated as Other Assessments/
            Administrative Support, $8,000,000.
        (b) Limited Authority To Vary Individual Amounts.--(1) If
    the Secretary of Defense determines that it is necessary to do
    so in the national interest, the Secretary may, subject to
    paragraphs (2) and (3), obligate amounts for the purposes
    stated in any of the paragraphs of subsection (a) in excess of
    the amount specified for those purposes in that paragraph.
    However, the total amount obligated for the purposes stated in
    the paragraphs in subsection (a) may not by reason of the use
    of the authority provided in the preceding sentence exceed the
    sum of the amounts specified in those paragraphs.
        (2) An obligation for the purposes stated in any of the
    paragraphs in subsection (a) in excess of the amount specified
    in that paragraph may be made using the authority provided in
    paragraph (1) only after--
              (A) the Secretary submits to Congress notification of
            the intent to do so together with a complete discussion
            of the justification for doing so; and
              (B) 15 days have elapsed following the date of the
            notification.
        (3) The Secretary may not, under the authority provided in
    paragraph (1), obligate amounts appropriated for the purposes
    stated in any of paragraphs (3) through (10) of subsection (a)
    in excess of 115 percent of the amount stated in those
    paragraphs.

    SEC. 1303. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.

        (a) In General.--No fiscal year 1999 Cooperative Threat
    Reduction funds, and no funds appropriated for Cooperative
    Threat Reduction programs for any prior fiscal year and
    remaining available for obligation, may be obligated or
    expended for any of the following purposes:
              (1) Conducting with Russia any peacekeeping exercise
            or other peacekeeping-related activity.
              (2) Provision of housing.
              (3) Provision of assistance to promote environmental
            restoration.
              (4) Provision of assistance to promote job
            retraining.
        (b) Limitation With Respect to Defense Conversion
    Assistance.--None of the funds appropriated pursuant to this
    Act may be obligated or expended for the provision of
    assistance to Russia or any other state of the former Soviet
    Union to promote defense conversion.

    SEC. 1304.\1\ LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS
                        DESTRUCTION ACTIVITIES IN RUSSIA.

        (a) Limitation.--Subject to the limitation in section
    1405(b) of the National Defense Authorization Act for Fiscal
    Year 1998 (Public Law 105-85; 111 Stat. 1961), no funds
    authorized to be appropriated for Cooperative Threat Reduction
    programs under this Act or any other Act may be obligated or
    expended for chemical weapons destruction activities in Russia
    (including activities for the planning, design, or construction
    of a chemical weapons destruction facility or for the
    dismantlement of an existing chemical weapons production
    facility) until the President submits to Congress a written
    certification described in subsection (b).
        (b) Presidential Certification.--A certification under this
    subsection is either of the following certifications by the
    President:
              (1) A certification that--
                      (A) Russia is making reasonable progress
                    toward the implementation of the Bilateral
                    Destruction Agreement;
                      (B) the United States and Russia have made
                    substantial progress toward the resolution, to
                    the satisfaction of the United States, of
                    outstanding compliance issues under the Wyoming
                    Memorandum of Understanding and the Bilateral
                    Destruction Agreement; and
                      (C) Russia has fully and accurately declared
                    all information regarding its unitary and
                    binary chemical weapons, chemical weapons
                    facilities, and other facilities associated
                    with chemical weapons.
              (2) \2\ A certification that the national security
            interests of the United States could be undermined by a
            policy of the United States not to carry out chemical
            weapons destruction activities under Cooperative Threat
            Reduction programs for which funds are authorized to be
            appropriated under this Act or any other Act for fiscal
            year 1999.
    ---------------------------------------------------------------------------
        \2\ In a memorandum of July 16, 1999 (64 F.R. 40503; July 26,
    1999), the President delegated the authority in this paragraph to the
    Secretary of Defense, further stating that such authority may be
    redelegated not lower than the Under Secretary level.
    ---------------------------------------------------------------------------
        (c) Definitions.--In this section:
              (1) The term ``Bilateral Destruction Agreement''
            means the Agreement Between the United States of
            America and the Union of Soviet Socialist Republics on
            Destruction and Non-production of Chemical Weapons and
            on Measures to Facilitate the Multilateral Convention
            on Banning Chemical Weapons signed on June 1, 1990.
              (2) The term ``Wyoming Memorandum of Understanding''
            means the Memorandum of Understanding Between the
            Government of the United States of America and the
            Government of the Union of Soviet Socialist Republics
            Regarding a Bilateral Verification Experiment and Data
            Exchange Related to Prohibition on Chemical Weapons,
            signed at Jackson Hole, Wyoming, on September 23, 1989.

    SEC. 1305. LIMITATION ON USE OF FUNDS FOR BIOLOGICAL WEAPONS
                        PROLIFERATION PREVENTION ACTIVITIES IN RUSSIA.

        No fiscal year 1999 Cooperative Threat Reduction funds may
    be obligated or expended for biological weapons proliferation
    prevention activities in Russia until 15 days after the date on
    which the Secretary submits to the congressional defense
    committees a report on--
              (1) whether Cooperative Threat Reduction funds
            provided for cooperative research activities at
            biological research institutes in Russia have been
            used--
                      (A) to support activities to develop new
                    strains of anthrax; or
                      (B) for any purpose inconsistent with the
                    objectives of providing such funds; and
              (2) the new strains of anthrax alleged to have been
            developed at a biological research institute in Russia
            and any efforts by the United States to examine such
            strains.

    SEC. 1306. COOPERATIVE COUNTER PROLIFERATION PROGRAM.

        (a) In General.--Of the amount authorized to be
    appropriated in section 1302 (other than the amounts authorized
    to be appropriated in subsections (a)(1) and (a)(2) of that
    section) and subject to the limitations in that section and
    subsection (b), the Secretary of Defense may provide a country
    of the former Soviet Union with emergency assistance for
    removing or obtaining from that country--
              (1) weapons of mass destruction; or
              (2) materials, equipment, or technology related to
            the development or delivery of weapons of mass
            destruction.
        (b) Certification Required.--(1) The Secretary may not
    provide assistance under subsection (a) until 15 days after the
    date that the Secretary submits to the congressional defense
    committees a certification in writing that the weapons,
    materials, equipment, or technology described in that
    subsection meet each of the following requirements:
              (A) The weapons, materials, equipment, or technology
            are at risk of being sold or otherwise transferred to a
            restricted foreign state or entity.
              (B) The transfer of the weapons, materials,
            equipment, or technology would pose a significant near-
            term threat to the national security interests of the
            United States or would significantly advance a foreign
            country's weapon program that threatens the national
            security interests of the United States.
              (C) Other options for securing or otherwise
            preventing the transfer of the weapons, materials,
            equipment, or technology have been considered and
            rejected as ineffective or inadequate.
        (2) The 15-day notice requirement in paragraph (1) may be
    waived if the Secretary determines that compliance with the
    requirement would compromise the national security interests of
    the United States. In such case, the Secretary shall promptly
    notify the congressional defense committees of the
    circumstances regarding such determination in advance of
    providing assistance under subsection (a) and shall submit the
    certification required not later than 30 days after providing
    such assistance.
        (c) Content of Certifications.--Each certification required
    under subsection (b) shall contain information on the following
    with respect to the assistance being provided:
              (1) The specific assistance provided and the purposes
            for which the assistance is being provided.
              (2) The sources of funds for the assistance.
              (3) Whether any assistance is being provided by any
            other Federal department or agency.
              (4) The options considered and rejected for
            preventing the transfer of the weapons, materials,
            equipment, or technology, as described in subsection
            (b)(1)(C).
              (5) Whether funding was requested by the Secretary
            from other Federal departments or agencies.
              (6) Any additional information that the Secretary
            determines is relevant to the assistance being
            provided.
        (d) Additional Sources of Funding.--The Secretary may
    request assistance and accept funds from other Federal
    departments or agencies in carrying out this section.
        (e) Definitions.--In this section:
              (1) The term ``restricted foreign state or entity'',
            with respect to weapons, materials, equipment, or
            technology covered by a certification or notification
            of the Secretary of Defense under subsection (b),
            means--
                      (A) any foreign country the government of
                    which has repeatedly provided support for acts
                    of international terrorism, as determined by
                    the Secretary of State under section 620A of
                    the Foreign Assistance Act of 1961 (22 U.S.C.
                    2371); or
                      (B) any foreign state or entity that the
                    Secretary of Defense determines would
                    constitute a military threat to the United
                    States, its allies, or interests, if that
                    foreign state or entity were to possess the
                    weapons, materials, equipment, or technology.
              (2) The term ``weapons of mass destruction'' has the
            meaning given that term in section 1403(1) of the
            Defense Against Weapons of Mass Destruction Act of 1996
            (title XIV of Public Law 104-201; 50 U.S.C. 2302(1)).

    SEC. 1307.\1\ REQUIREMENT TO SUBMIT SUMMARY OF AMOUNTS REQUESTED BY
                        PROJECT CATEGORY.

        (a) Summary Required.--The Secretary of Defense shall
    submit to Congress in the materials and manner specified in
    subsection (c) \3\ --
    ---------------------------------------------------------------------------
        \3\ Sec. 1304(1) of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    1811) struck out ``as part of the Secretary's annual budget request to
    Congress'' and inserted in lieu thereof ``in the materials and manner
    specified in subsection (c)''. Sec. 1304(2) of that Act added subsec.
    (c) to the end of this section.
    ---------------------------------------------------------------------------
              (1) a descriptive summary, with respect to the
            appropriations requested for Cooperative Threat
            Reduction programs for the fiscal year after the fiscal
            year in which the summary is submitted, of the amounts
            requested for each project category under each
            Cooperative Threat Reduction program element; and
              (2) a descriptive summary, with respect to
            appropriations for Cooperative Threat Reduction
            programs for the fiscal year in which the list is
            submitted and the previous fiscal year, of the amounts
            obligated or expended, or planned to be obligated or
            expended, for each project category under each
            Cooperative Threat Reduction program element.
        (b) Description of Purpose and Intent.--The descriptive
    summary required under subsection (a) shall include a narrative
    description of each program and project category under each
    Cooperative Threat Reduction program element that explains the
    purpose and intent of the funds requested.
        (c) \3\ Inclusion in Certain Materials Submitted to
    Congress.--The summary required to be submitted to Congress in
    a fiscal year under subsection (a) shall be set forth by
    project category, and by amounts specified in paragraphs (1)
    and (2) of that subsection in connection with such project
    category, in each of the following:
              (1) The annual report on activities and assistance
            under Cooperative Threat Reduction programs required in
            such fiscal year under section 1308 of the Floyd D.
            Spence National Defense Authorization Act for Fiscal
            Year 2001 (as enacted into law by Public Law 106-398).
              (2) The budget justification materials submitted to
            Congress in support of the Department of Defense budget
            for the fiscal year succeeding such fiscal year (as
            submitted with the budget of the President under
            section 1105(a) of title 31, United States Code).

    SEC. 1308. REPORT ON BIOLOGICAL WEAPONS PROGRAMS IN RUSSIA.

        (a) Report.--Not later than March 1, 1999, the Secretary of
    Defense shall submit to the congressional defense committees a
    report, in classified and unclassified forms, containing--
              (1) an assessment of the extent of compliance by
            Russia with international agreements relating to the
            control of biological weapons; and
              (2) a detailed evaluation of the potential political
            and military costs and benefits of collaborative
            biological pathogen research efforts by the United
            States and Russia.
        (b) Content of Report.--The report required under
    subsection (a) shall include the following:
              (1) An evaluation of the extent of the control and
            oversight by the Government of Russia over the military
            and civilian-military biological warfare programs
            formerly controlled or overseen by states of the former
            Soviet Union.
              (2) The extent and scope of continued biological
            warfare research, development, testing, and production
            in Russia, including the sites where such activity is
            occurring and the types of activity being conducted.
              (3) An assessment of compliance by Russia with the
            terms of the Biological Weapons Convention.
              (4) An identification and assessment of the measures
            taken by Russia to comply with the obligations assumed
            under the Joint Statement on Biological Weapons, agreed
            to by the United States, the United Kingdom, and Russia
            on September 14, 1992.
              (5) A description of the extent to which Russia has
            permitted individuals from the United States or other
            countries to visit military and nonmilitary biological
            research, development, testing, and production sites in
            order to resolve ambiguities regarding activities at
            such sites.
              (6) A description of the information provided by
            Russia about its biological weapons dismantlement
            efforts to date.
              (7) An assessment of the accuracy and
            comprehensiveness of declarations by Russia regarding
            its biological weapons activities.
              (8) An identification of collaborative biological
            research projects carried out by the United States and
            Russia for which Cooperative Threat Reduction funds
            have been used.
              (9) An evaluation of the political and military
            utility of prior, existing, and prospective cooperative
            biological pathogen research programs carried out
            between the United States and Russia, and an assessment
            of the impact of such programs on increasing Russian
            military transparency with respect to biological
            weapons activities.
              (10) An assessment of the political and military
            utility of the long-term collaborative program
            advocated by the National Academy of Sciences in its
            October 27, 1997 report, ``Controlling Dangerous
            Pathogens: A Blueprint for U.S.-Russian Cooperation''.

    SEC. 1309. REPORT ON INDIVIDUALS WITH EXPERTISE IN FORMER SOVIET
                        WEAPONS OF MASS DESTRUCTION PROGRAMS.

        Not later than January 31, 1999, the Secretary of Defense,
    in consultation with the Secretary of State, the Secretary of
    Energy, and any other appropriate officials, shall submit to
    the congressional defense committees a report on the number of
    individuals in the former Soviet Union who have significant
    expertise in the research, development, production, testing,
    and operational employment of ballistic missiles and weapons of
    mass destruction. The report shall contain the following:
              (1) A listing of the specific expertise of the
            individuals, by category and discipline.
              (2) An assessment of which categories of expertise
            would pose the greatest risks to the security of the
            United States if that expertise were transferred to
            potentially hostile states.
              (3) An estimate, by category, of the number of the
            individuals in paragraph (1) who are fully or partly
            employed at the time the report is submitted by the
            military-industrial complex of the former Soviet Union,
            the number of such individuals who are fully employed
            at the time the report is submitted by commercial
            ventures outside the military-industrial complex of the
            former Soviet Union, and the number of such individuals
            who are unemployed and underemployed at the time the
            report is submitted.
              (4) An identification of the nature, scope, and cost
            of activities conducted by the United States and other
            countries to assist in the employment in
            nonproliferation and nonmilitary-related endeavors and
            enterprises of individuals involved in the weapons
            complex of the former Soviet Union, and which
            categories of individuals are being targeted in these
            efforts.
              (5) An assessment of whether the activities
            identified under paragraph (4) should be reduced,
            maintained, or expanded.
              * * * * * * *
               j. Cooperative Threat Reduction, Fiscal Year 1998

     Partial text of Public Law 105-85 [National Defense Authorization Act
    for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629, approved November 18,
                                      1997

     AN ACT To authorize appropriations for fiscal year 1998 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 1998''.
              * * * * * * *

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 1998 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance, in
    amounts as follows:
              (1)-(22) * * *
              (23) For Cooperative Threat Reduction programs,
            $382,200,000.
              (24) * * *
              * * * * * * *

     TITLE XIV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
                                     UNION

    Sec. 1401. Specification of Cooperative Threat Reduction programs and
              funds.
    Sec. 1402. Funding allocations.
    Sec. 1403. Prohibition on use of funds for specified purposes.
    Sec. 1404. Limitation on use of funds for projects related to START II
              Treaty until submission of certification.
    Sec. 1405. Limitation on use of funds for chemical weapons destruction
              facility.
    Sec. 1406. Limitation on use of funds for destruction of chemical
              weapons.
    Sec. 1407. Limitation on use of funds for storage facility for Russian
              fissile material.
    Sec. 1408. Limitation on use of funds for weapons storage security.
    Sec. 1409. Report on issues regarding payment of taxes, duties, and
              other assessments on assistance provided to Russia under
              Cooperative Threat Reduction programs.
    Sec. 1410. Availability of funds.

    SEC. 1401. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND
                        FUNDS.

        (a) Specification of CTR Programs.--For purposes of section
    301 and other provisions of this Act, Cooperative Threat
    Reduction programs are the programs specified in section
    1501(b) of the National Defense Authorization Act for Fiscal
    Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362
    note).
        (b) Fiscal Year 1998 Cooperative Threat Reduction Funds
    Defined.--As used in this title, the term ``fiscal year 1998
    Cooperative Threat Reduction funds'' means the funds
    appropriated pursuant to the authorization of appropriations in
    section 301 for Cooperative Threat Reduction programs.

    SEC. 1402. FUNDING ALLOCATIONS.

        (a) In General.--Of the fiscal year 1998 Cooperative Threat
    Reduction funds, not more than the following amounts may be
    obligated for the purposes specified:
              (1) For strategic offensive arms elimination in
            Russia, $77,900,000.
              (2) For strategic nuclear arms elimination in
            Ukraine, $76,700,000.
              (3) For fissile material containers in Russia,
            $7,000,000.
              (4) For planning and design of a chemical weapons
            destruction facility in Russia, $35,400,000.
              (5) For dismantlement of biological and chemical
            weapons facilities in the former Soviet Union,
            $20,000,000.
              (6) For planning, design, and construction of a
            storage facility for Russian fissile material,
            $57,700,000.
              (7) For weapons storage security in Russia,
            $36,000,000.
              (8) For development of a cooperative program with the
            Government of Russia to eliminate the production of
            weapons grade plutonium at Russian reactors,
            $41,000,000.
              (9) For activities designated as Defense and
            Military-to-Military Contacts in Russia, Ukraine, and
            Kazakhstan, $8,000,000.
              (10) For military-to-military programs of the United
            States that focus on countering the threat of
            proliferation of weapons of mass destruction and that
            include the security forces of the independent states
            of the former Soviet Union other than Russia, Ukraine,
            Belarus, and Kazakstan, $2,000,000.
              (11) For activities designated as Other Assessments/
            Administrative Support $20,500,000.
        (b) Limited Authority To Vary Individual Amounts.--(1) If
    the Secretary of Defense determines that it is necessary to do
    so in the national interest, the Secretary may, subject to
    paragraphs (2) and (3), obligate amounts for the purposes
    stated in any of the paragraphs of subsection (a) in excess of
    the amount specified for those purposes in that paragraph.
    However, the total amount obligated for the purposes stated in
    the paragraphs in subsection (a) may not by reason of the use
    of the authority provided in the preceding sentence exceed the
    sum of the amounts specified in those paragraphs.
        (2) An obligation for the purposes stated in any of the
    paragraphs in subsection (a) in excess of the amount specified
    in that paragraph may be made using the authority provided in
    paragraph (1) only after--
              (A) the Secretary submits to Congress notification of
            the intent to do so together with a complete discussion
            of the justification for doing so; and
              (B) 15 days have elapsed following the date of the
            notification.
        (3) The Secretary may not, under the authority provided in
    paragraph (1), obligate amounts appropriated for the purposes
    stated in any of paragraphs (3) through (11) of subsection (a)
    in excess of 115 percent of the amount stated in those
    paragraphs.
        (c) Limited Waiver of 115 Percent Cap on Obligation in
    Excess of Amounts Authorized for Fiscal Years 1996 and 1997.--
    (1) The limitation in subsection (b)(1) of section 1202 of the
    National Defense Authorization Act for Fiscal Year 1996 (Public
    Law 104-106; 110 Stat. 469), that provides that the authority
    provided in that sentence to obligate amounts specified for
    Cooperative Threat Reduction purposes in excess of the amount
    specified for each such purpose in subsection (a) of that
    section may not exceed 115 percent of the amounts specified,
    shall not apply with respect to subsection (a)(1) of such
    section for purposes of strategic offensive weapons elimination
    in Russia or the Ukraine.
        (2) The limitation in subsection (b)(1) of section 1502 of
    the National Defense Authorization Act for Fiscal Year 1997
    (Public Law 104-201; 110 Stat. 2732), that provides that the
    authority provided in that sentence to obligate amounts
    specified for Cooperative Threat Reduction purposes in excess
    of the amount specified for each such purpose in subsection (a)
    of that section may not exceed 115 percent of the amounts
    specified, shall not apply with respect to subsections (a)(2)
    and (a)(3) of such section.

    SEC. 1403. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.

        (a) In General.--No fiscal year 1998 Cooperative Threat
    Reduction funds, and no funds appropriated for Cooperative
    Threat Reduction programs for any prior fiscal year and
    remaining available for obligation, may be obligated or
    expended for any of the following purposes:
              (1) Conducting with Russia any peacekeeping exercise
            or other peacekeeping-related activity.
              (2) Provision of housing.
              (3) Provision of assistance to promote environmental
            restoration.
              (4) Provision of assistance to promote job
            retraining.
        (b) Limitation With Respect to Defense Conversion
    Assistance.--None of the funds appropriated pursuant to this
    Act may be obligated or expended for the provision of
    assistance to Russia or any other state of the former Soviet
    Union to promote defense conversion.

    SEC. 1404. LIMITATION ON USE OF FUNDS FOR PROJECTS RELATED TO START II
                        TREATY UNTIL SUBMISSION OF CERTIFICATION.

        No fiscal year 1998 Cooperative Threat Reduction funds may
    be obligated or expended for strategic offensive arms
    elimination projects in Russia related to the START II Treaty
    (as defined in section 1302(f)) until 30 days after the date on
    which the Secretary of Defense submits to Congress a
    certification in writing that--
              (1) implementation of the projects would benefit the
            national security interest of the United States; and
              (2) Russia has agreed in an implementing agreement to
            share the cost for the projects.

    SEC. 1405. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION
                        FACILITY.

        (a) Limitation on Use of Funds Until Submission of
    Notifications to Congress.--No fiscal year 1998 Cooperative
    Threat Reduction funds may be obligated or expended for
    planning and design of a chemical weapons destruction facility
    until 15 days after the date that is the later of the
    following:
              (1) The date on which the Secretary of Defense
            submits to Congress notification of an agreement
            between the United States and Russia with respect to
            such chemical weapons destruction facility that
            includes--
                      (A) an agreement providing for a limitation
                    on the financial contribution by the United
                    States for the facility;
                      (B) an agreement that the United States will
                    not pay the costs for infrastructure determined
                    by Russia to be necessary to support the
                    facility; and
                      (C) an agreement on the location of the
                    facility.
              (2) The date on which the Secretary of Defense
            submits to Congress notification that the Government of
            Russia has formally approved a plan--
                      (A) that allows for the destruction of
                    chemical weapons in Russia; and
                      (B) that commits Russia to pay a portion of
                    the cost for the facility.
        (b) Prohibition on Use of Funds for Facility
    Construction.--No fiscal year 1998 Cooperative Threat Reduction
    funds authorized to be obligated in section 1402(a)(4) for
    planning and design of a chemical weapons destruction facility
    in Russia may be used for construction of such facility.

    SEC. 1406. LIMITATION ON USE OF FUNDS FOR DESTRUCTION OF CHEMICAL
                        WEAPONS.

        (a) Limitation.--No funds authorized to be appropriated
    under this or any other Act for fiscal year 1998 for
    Cooperative Threat Reduction programs may be obligated or
    expended for chemical weapons destruction activities (including
    activities for the planning, design, or construction of a
    chemical weapons destruction facility or for the dismantlement
    of an existing chemical weapons production facility) until the
    President submits to Congress a written certification under
    subsection (b).
        (b) Presidential Certification.--A certification under this
    subsection is either of the following certifications by the
    President:
              (1) A certification that--
                      (A) Russia is making reasonable progress
                    toward the implementation of the Bilateral
                    Destruction Agreement;
                      (B) the United States and Russia have made
                    substantial progress toward the resolution, to
                    the satisfaction of the United States, of
                    outstanding compliance issues under the Wyoming
                    Memorandum of Understanding and the Bilateral
                    Destruction Agreement; and
                      (C) Russia has fully and accurately declared
                    all information regarding its unitary and
                    binary chemical weapons, chemical weapons
                    facilities, and other facilities associated
                    with chemical weapons.
              (2) A certification that the national security
            interests of the United States could be undermined by a
            United States policy not to carry out chemical weapons
            destruction activities under the Cooperative Threat
            Reduction programs for which funds are authorized to be
            appropriated under this or any other Act for fiscal
            year 1998.
        (c) Definitions.--For the purposes of this section:
              (1) The term ``Bilateral Destruction Agreement''
            means the Agreement Between the United States of
            America and the Union of Soviet Socialist Republics on
            Destruction and Nonproduction of Chemical Weapons and
            on Measures to Facilitate the Multilateral Convention
            on Banning Chemical Weapons, signed on June 1, 1990.
              (2) The term ``Wyoming Memorandum of Understanding''
            means the Memorandum of Understanding Between the
            Government of the United States of America and the
            Government of the Union of Soviet Socialist Republics
            Regarding a Bilateral Verification Experiment and Data
            Exchange Related to Prohibition on Chemical Weapons,
            signed at Jackson Hole, Wyoming, on September 23, 1989.

    SEC. 1407. LIMITATION ON USE OF FUNDS FOR STORAGE FACILITY FOR RUSSIAN
                        FISSILE MATERIAL.

        No fiscal year 1998 Cooperative Threat Reduction funds may
    be obligated or expended for planning, design, or construction
    of a storage facility for Russian fissile material until 15
    days after the date that is the later of the following:
              (1) The date on which the Secretary of Defense
            submits to Congress notification that an implementing
            agreement between the United States and Russia has been
            entered into that specifies the total cost to the
            United States for the facility.
              (2) The date on which the Secretary submits to
            Congress notification that an agreement has been
            entered into between the United States and Russia
            incorporating the principle of transparency with
            respect to the use of the facility.

    SEC. 1408. LIMITATION ON USE OF FUNDS FOR WEAPONS STORAGE SECURITY.

        No fiscal year 1998 Cooperative Threat Reduction funds
    intended for weapons storage security activities in Russia may
    be obligated or expended until--
              (1) the Secretary of Defense submits to Congress a
            report on the status of negotiations between the United
            States and Russia on audits and examinations with
            respect to weapons storage security; and
              (2) 15 days have elapsed following the date that the
            report is submitted.

    SEC. 1409. REPORT ON ISSUES REGARDING PAYMENT OF TAXES, DUTIES, AND
                        OTHER ASSESSMENTS ON ASSISTANCE PROVIDED TO RUSSIA
                        UNDER COOPERATIVE THREAT REDUCTION PROGRAMS.

        Not later than 90 days after the date of the enactment of
    this Act, the Secretary of Defense shall submit to Congress a
    report on issues regarding payment of taxes, duties, and other
    assessments on assistance provided to Russia under Cooperative
    Threat Reduction programs. The report shall include the
    following:
              (1) A description of any disputes between the United
            States and Russia with respect to payment by the United
            States of taxes, duties and other assessments on
            assistance provided to Russia under a Cooperative
            Threat Reduction program, including a description of
            the nature of each dispute, the amount of payment
            disputed, whether the dispute was resolved, and if the
            dispute was resolved, the means by which the dispute
            was resolved.
              (2) A description of the actions taken by the
            Secretary to prevent disputes in the future between the
            United States and Russia with respect to payment by the
            United States of taxes, duties, and other assessments
            on assistance provided to Russia under a Cooperative
            Threat Reduction program.
              (3) A description of any agreement between the United
            States and Russia with respect to payment by the United
            States of taxes, duties, or other assessments on
            assistance provided to Russia under a Cooperative
            Threat Reduction program.
              (4) Any proposals of the Secretary for actions that
            should be taken to prevent disputes between the United
            States and Russia with respect to payment by the United
            States of taxes, duties, or other assessments on
            assistance provided to Russia under a Cooperative
            Threat Reduction program.

    SEC. 1410. AVAILABILITY OF FUNDS.

        Funds appropriated pursuant to the authorization of
    appropriations in section 301 for Cooperative Threat Reduction
    programs shall be available for obligation for three fiscal
    years.
              * * * * * * *
             k. Cooperative Threat Reduction, Fiscal Year 1997 \1\

    Partial text of Public Law 104-201 [National Defense Authorization Act
     for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, approved September
      23, 1996; as amended by Public Law 105-261 [Strom Thurmond National
     Defense Authorization Act for Fiscal Year 1999; H.R. 3616], 112 Stat.
                        1920, approved October 17, 1998

     AN ACT To authorize appropriations for fiscal year 1997 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,
    ---------------------------------------------------------------------------
        \1\ See also the Defense Against Weapons of Mass Destruction Act of
    1996 (title XIV of Public Law 104-201; 110 Stat. 2714): sec. 1402--
    Findings (50 U.S.C. 2301 note); sec. 1424--International Border
    Security (50 U.S.C. 2333); sec. 1431--Coverage of Weapons-Usable
    Fissile Materials in Cooperative Threat Reduction Programs on
    Elimination or Transportation of Nuclear Weapons; sec. 1432--
    Elimination of Plutonium Production (50 U.S.C. 2341); sec. 1452--
    Transfers of Allocations Among Cooperative Threat Reduction Programs
    (50 U.S.C. 2362); sec. 1453--Sense of Congress Concerning Assistance to
    States of Former Soviet Union (50 U.S.C. 2363); sec. 1454--Purchase of
    Low-Enriched Uranium Derived From Russian Highly-Enriched Uranium (50
    U.S.C. 2364); and sec. 1455--Sense of Congress Concerning Purchase,
    Packaging, and Transportation of Fissile Materials at Risk of Theft (50
    U.S.C. 2365).
    ---------------------------------------------------------------------------

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 1997''.
              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

              * * * * * * *

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 1997 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance, in
    amounts as follows:
              (1)-(21) * * *
              (22) For Cooperative Threat Reduction programs,
            $364,900,000. \2\
    ---------------------------------------------------------------------------
        \2\ Title II of the Department of Defense Appropriations Act, 1997
    (sec. 101(b) of title I of Public Law 104-208; 110 Stat. 3009),
    provided the following:
    ---------------------------------------------------------------------------

    ``Former Soviet Union Threat Reduction
    ---------------------------------------------------------------------------

        ``For assistance to the republics of the former Soviet Union,
    including assistance provided by contract or by grants, for
    facilitating the elimination and the safe and secure transportation and
    storage of nuclear, chemical and other weapons; for establishing
    programs to prevent the proliferation of weapons, weapons components,
    and weapon-related technology and expertise; for programs relating to
    the training and support of defense and military personnel for
    demilitarization and protection of weapons, weapons components and
    weapons technology and expertise; $327,900,000, to remain available
    until expended.''.
    ---------------------------------------------------------------------------
              (23)-(24) * * *
              * * * * * * *

      TITLE XV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
                                     UNION

    Sec. 1501. Specification of Cooperative Threat Reduction programs.
    Sec. 1502. Fiscal year 1997 funding allocations.
    Sec. 1503. Prohibition on use of funds for specified purposes.
    Sec. 1504. Limitation on use of funds until specified reports are
              submitted.
    Sec. 1505. Availability of funds.

    SEC. 1501.\3\ SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS.

        (a) In General.--For purposes of section 301 and other
    provisions of this Act, Cooperative Threat Reduction programs
    are the programs specified in subsection (b).
    ---------------------------------------------------------------------------
        \3\ 50 U.S.C. 2362 note.
    ---------------------------------------------------------------------------
        (b) Specified Programs.--The programs referred to in
    subsection (a) are the following programs with respect to
    states of the former Soviet Union:
              (1) Programs to facilitate the elimination, and the
            safe and secure transportation and storage, of nuclear,
            chemical, and other weapons and their delivery
            vehicles.
              (2) Programs to facilitate the safe and secure
            storage of fissile materials derived from the
            elimination of nuclear weapons.
              (3) Programs to prevent the proliferation of weapons,
            weapons components, materials,\4\ and weapons-related
            technology and expertise.
    ---------------------------------------------------------------------------
        \4\ Sec. 1301(a)(2) of Public Law 105-261 (112 Stat. 2161) inserted
    ``materials,'' after ``components,''.
    ---------------------------------------------------------------------------
              (4) Programs to expand military-to-military and
            defense contacts.

    SEC. 1502. FISCAL YEAR 1997 FUNDING ALLOCATIONS.

        (a) In General.--Of the amount appropriated pursuant to the
    authorization of appropriations in section 301 for Cooperative
    Threat Reduction programs, not more than the following amounts
    may be obligated for the purposes specified:
              (1) For planning and design of a chemical weapons
            destruction facility in Russia, $78,500,000.
              (2) For elimination of strategic offensive arms in
            Russia, $52,000,000.
              (3) For strategic nuclear arms elimination in
            Ukraine, $47,000,000.
              (4) For planning and design of a storage facility for
            Russian fissile material, $66,000,000.
              (5) For fissile material containers in Russia,
            $38,500,000.
              (6) For weapons storage security in Russia,
            $15,000,000.
              (7) For activities designated as Defense and
            Military-to-Military Contacts in Russia, Ukraine,
            Belarus, and Kazakhstan, $10,000,000.
              (8) For activities designated as Other Assessments/
            Administrative Support, $20,900,000.
              (9) For materials protection, control, and accounting
            assistance or for destruction of nuclear, radiological,
            biological, or chemical weapons or related materials at
            any site within the former Soviet Union, $10,000,000.
              (10) For transfer to the Secretary of Energy to
            develop a cooperative program with the Government of
            Russia to eliminate the production of weapons grade
            plutonium at Russian reactors, $10,000,000.
              (11) For dismantlement of biological and chemical
            weapons facilities in the former Soviet Union,
            $15,000,000.
              (12) For expanding military-to-military programs of
            the United States that focus on countering the threat
            of proliferation of weapons of mass destruction to
            include the security forces of the independent states
            of the former Soviet Union, particularly states in the
            Caucasus region and Central Asia, $2,000,000.
        (b) Limited Authority To Vary Individual Amounts.--(1) \5\
    If the Secretary of Defense determines that it is necessary to
    do so in the national interest, the Secretary may, subject to
    paragraph (2), obligate amounts for the purposes stated in any
    of the paragraphs of subsection (a) in excess of the amount
    specified for those purposes in that paragraph, but not in
    excess of 115 percent of that amount. However, the total amount
    obligated for the purposes stated in the paragraphs in
    subsection (a) may not by reason of the use of the authority
    provided in the preceding sentence exceed the sum of the
    amounts specified in those paragraphs.
    ---------------------------------------------------------------------------
        \5\ Sec. 1402(c) of Public Law 105-85 (111 Stat. 1959) provided the
    following:
        ``(c) Limited Waiver of 115 Percent Cap on Obligation in Excess of
    Amounts Authorized for Fiscal Years 1996 and 1997.--(1) The limitation
    in subsection (b)(1) of section 1202 of the National Defense
    Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
    469), that provides that the authority provided in that sentence to
    obligate amounts specified for Cooperative Threat Reduction purposes in
    excess of the amount specified for each such purpose in subsection (a)
    of that section may not exceed 115 percent of the amounts specified,
    shall not apply with respect to subsection (a)(1) of such section for
    purposes of strategic offensive weapons elimination in Russia or the
    Ukraine.
        ``(2) The limitation in subsection (b)(1) of section 1502 of the
    National Defense Authorization Act for Fiscal Year 1997 (Public Law
    104-201; 110 Stat. 2732), that provides that the authority provided in
    that sentence to obligate amounts specified for Cooperative Threat
    Reduction purposes in excess of the amount specified for each such
    purpose in subsection (a) of that section may not exceed 115 percent of
    the amounts specified, shall not apply with respect to subsections
    (a)(2) and (a)(3) of such section.''.
    ---------------------------------------------------------------------------
        (2) An obligation for the purposes stated in any of the
    paragraphs in subsection (a) in excess of the amount specified
    in that paragraph may be made using the authority provided in
    paragraph (1) only after--
              (A) the Secretary submits to Congress a notification
            of the intent to do so together with a complete
            discussion of the justification for doing so; and
              (B) 15 days have elapsed following the date of the
            notification.

    SEC. 1503. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.

        (a) In General.--None of the funds appropriated pursuant to
    the authorization in section 301 for Cooperative Threat
    Reduction programs, or appropriated for such programs for any
    prior fiscal year and remaining available for obligation, may
    be obligated or expended for any of the following purposes:
              (1) Conducting with Russia any peacekeeping exercise
            or other peacekeeping-related activity.
              (2) Provision of housing.
              (3) Provision of assistance to promote environmental
            restoration.
              (4) Provision of assistance to promote job
            retraining.
        (b) Limitation With Respect to Defense Conversion
    Assistance.--None of the funds appropriated to the Department
    of Defense for fiscal year 1997 may be obligated or expended
    for defense conversion.

    SEC. 1504. LIMITATION ON USE OF FUNDS UNTIL SPECIFIED REPORTS ARE
                        SUBMITTED.

        None of the funds appropriated pursuant to the
    authorization in section 301 for Cooperative Threat Reduction
    programs may be obligated or expended until 15 days after the
    date which is the latest of the following:
              (1) The date on which the President submits to
            Congress the determinations required under subsection
            (c) of section 211 of Public Law 102-228 (22 U.S.C.
            2551 note) with respect to any certification
            transmitted to Congress under subsection (b) of that
            section before the date of the enactment of this Act.
              (2) The date on which the Secretary of Defense
            submits to Congress the first report under section
            1206(a) of the National Defense Authorization Act for
            Fiscal Year 1996 (Public Law 104-106; 110 Stat. 471).
              (3) The date on which the Secretary of Defense
            submits to Congress the report for fiscal year 1996
            required under section 1205(c) of the National Defense
            Authorization Act for Fiscal Year 1995 (Public Law 103-
            337; 108 Stat. 2883).

    SEC. 1505. AVAILABILITY OF FUNDS.

        Funds appropriated pursuant to the authorization of
    appropriations in section 301 for Cooperative Threat Reduction
    programs shall be available for obligation for three fiscal
    years.
               l. Cooperative Threat Reduction, Fiscal Year 1996

    Partial text of Public Law 104-106 [National Defense Authorization Act
     for Fiscal Year 1996; S. 1124], 110 Stat. 186, approved February 10,
    1996; as amended by Public Law 104-201 [National Defense Authorization
        Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, approved
     September 23, 1996; Public Law 106-65 [National Defense Authorization
    Act for Fiscal Year 2000; S. 1059], 113 Stat. 512, approved October 5,
        1999; and Public Law 106-398 [Floyd D. Spence National Defense
      Authorization Act for Fiscal Year 2000; H.R. 4205], 114 Stat. 1654,
                           approved October 30, 2000

     AN ACT To authorize appropriations for fiscal year 1996 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
       personnel strengths for such fiscal year for the Armed Forces, to
     reform acquisition laws and information technology management of the
                  Federal Government, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 1996''.
              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 1996 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance, in
    amounts as follows:
              (1)-(17) * * *
              (18) For Cooperative Threat Reduction programs,
            $300,000,000. \1\
    ---------------------------------------------------------------------------
        \1\ Title II of the Department of Defense Appropriations Act
    (Public Law 104-61; 109 Stat. 642, 674) provided the following:
    ---------------------------------------------------------------------------

    ``Former Soviet Union Threat Reduction
    ---------------------------------------------------------------------------

        ``For assistance to the republics of the former Soviet Union,
    including assistance provided by contract or by grants, for
    facilitating the elimination and the safe and secure transportation and
    storage of nuclear, chemical and other weapons; for establishing
    programs to prevent the proliferation of weapons, weapons components,
    and weapon-related technology and expertise; for programs relating to
    the training and support of defense and military personnel for
    demilitarization and protection of weapons, weapons components and
    weapons technology and expertise; $300,000,000, to remain available
    until expended.
    ---------------------------------------------------------------------------

    * * * * * * *

    ``GENERAL PROVISIONS

    * * * * * * *
    ---------------------------------------------------------------------------

        ``Sec. 8114. (a) Limitation.--Of the funds available under title II
    under the heading `Former Soviet Union Threat Reduction' for
    dismantlement and destruction of chemical weapons, not more than
    $52,000,000 may be obligated or expended for that purpose until the
    President certifies to Congress the following:
    ---------------------------------------------------------------------------

      ``(1) That the United States and Russia have completed a joint laboratory
    study evaluating the proposal of Russia to neutralize its chemical weapons
    and the United States agrees with the proposal.

      ``(2) That Russia is in the process of preparing, with the assistance of
    the United States as necessary, a comprehensive plan to manage the
    dismantlement and destruction of the Russia chemical weapons stockpile.

      ``(3) That the United States and Russia are committed to resolving
    outstanding issues under the 1989 Wyoming Memorandum of Understanding and
    the 1990 Bilateral Destruction Agreement.
    ---------------------------------------------------------------------------

        ``(b) Definitions.--In this section:
    ---------------------------------------------------------------------------

      ``(1) The term `1989 Wyoming Memorandum of Understanding' means the
    Memorandum of Understanding between the Government of the United States of
    America and the Government of the Union of Soviet Socialist Republics
    Regarding a Bilateral Verification Experiment and Data Exchange Related to
    Prohibition on Chemical Weapons, signed at Jackson Hole, Wyoming, on
    September 23, 1989.

      ``(2) The term `1990 Bilateral Destruction Agreement' means the Agreement
    between the United States of America and the Union of Soviet Socialist
    Republics on destruction and non-production of chemical weapons and on
    measures to facilitate the multilateral convention on banning chemical
    weapons signed on June 1, 1990.''.

              (19) * * *
              * * * * * * *

     TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
                                     UNION

    SEC. 1201.\2\ SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS.

        (a) In General.--For purposes of section 301 and other
    provisions of this Act, Cooperative Threat Reduction programs
    are the programs specified in subsection (b).
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 5955 note.
    ---------------------------------------------------------------------------
        (b) Specified Programs.--The programs referred to in
    subsection (a) are the following programs with respect to
    states of the former Soviet Union:
              (1) Programs to facilitate the elimination, and the
            safe and secure transportation and storage, of nuclear,
            chemical, and other weapons, fissile material suitable
            for use in nuclear weapons,\3\ and their delivery
            vehicles.
    ---------------------------------------------------------------------------
        \3\ Sec. 1431 of the National Defense Authorization Act for Fiscal
    Year 1997 (Public Law 104-201; 110 Stat. 2726) inserted ``, fissile
    material suitable for use in nuclear weapons,'' after ``other
    weapons''.
    ---------------------------------------------------------------------------
              (2) Programs to facilitate the safe and secure
            storage of fissile materials derived from the
            elimination of nuclear weapons.
              (3) Programs to prevent the proliferation of weapons,
            weapons components, and weapons-related technology and
            expertise.
              (4) Programs to expand military-to-military and
            defense contacts.

    SEC. 1202. FISCAL YEAR 1996 FUNDING ALLOCATIONS.

        (a) In General.--Of the amount appropriated pursuant to the
    authorization of appropriations in section 301 for Cooperative
    Threat Reduction programs, not more than the following amounts
    may be obligated for the purposes specified:
              (1) For elimination of strategic offensive weapons in
            Russia, Ukraine, Belarus, and Kazakhstan, $90,000,000.
              (2) For weapons security in Russia, $42,500,000.
              (3) For the Defense Enterprise Fund, $0.
              (4) For nuclear infrastructure elimination in
            Ukraine, Belarus, and Kazakhstan, $35,000,000.
              (5) For planning and design of a storage facility for
            Russian fissile material, $29,000,000.
              (6) For planning and design of a chemical weapons
            destruction facility in Russia, $73,000,000.
              (7) For activities designated as Defense and Military
            Contacts/General Support/Training in Russia, Ukraine,
            Belarus, and Kazakhstan, $10,000,000.
              (8) For activities designated as Other Assessments/
            Support $20,500,000.
        (b) Limited Authority To Vary Individual Amounts.--(1) \4\
    If the Secretary of Defense determines that it is necessary to
    do so in the national interest, the Secretary may, subject to
    paragraph (2), obligate amounts for the purposes stated in any
    of the paragraphs of subsection (a) in excess of the amount
    specified for those purposes in that paragraph, but not in
    excess of 115 percent of that amount. However, the total amount
    obligated for the purposes stated in the paragraphs in
    subsection (a) may not by reason of the use of the authority
    provided in the preceding sentence exceed the sum of the
    amounts specified in those paragraphs.
    ---------------------------------------------------------------------------
        \4\ Sec. 1402(c) of Public Law 105-85 (111 Stat. 1959) provided the
    following:
        ``(c) Limited Waiver of 115 Percent Cap on Obligation in Excess of
    Amounts Authorized for Fiscal Years 1996 and 1997.--(1) The limitation
    in subsection (b)(1) of section 1202 of the National Defense
    Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
    469), that provides that the authority provided in that sentence to
    obligate amounts specified for Cooperative Threat Reduction purposes in
    excess of the amount specified for each such purpose in subsection (a)
    of that section may not exceed 115 percent of the amounts specified,
    shall not apply with respect to subsection (a)(1) of such section for
    purposes of strategic offensive weapons elimination in Russia or the
    Ukraine.
        ``(2) The limitation in subsection (b)(1) of section 1502 of the
    National Defense Authorization Act for Fiscal Year 1997 (Public Law
    104-201; 110 Stat. 2732), that provides that the authority provided in
    that sentence to obligate amounts specified for Cooperative Threat
    Reduction purposes in excess of the amount specified for each such
    purpose in subsection (a) of that section may not exceed 115 percent of
    the amounts specified, shall not apply with respect to subsections
    (a)(2) and (a)(3) of such section.''.
    ---------------------------------------------------------------------------
        (2) An obligation for the purposes stated in any of the
    paragraphs in subsection (a) in excess of the amount specified
    in that paragraph may be made using the authority provided in
    paragraph (1) only after--
              (A) the Secretary submits to Congress a notification
            of the intent to do so together with a complete
            discussion of the justification for doing so; and
              (B) 15 days have elapsed following the date of the
            notification.
        (c) Reimbursement of Pay Accounts.--Funds appropriated
    pursuant to the authorization of appropriations in section 301
    for Cooperative Threat Reduction programs may be transferred to
    military personnel accounts for reimbursement of those accounts
    for the amount of pay and allowances paid to reserve component
    personnel for service while engaged in any activity under a
    Cooperative Threat Reduction program.

    SEC. 1203. PROHIBITION ON USE OF FUNDS FOR PEACEKEEPING EXERCISES AND
                        RELATED ACTIVITIES WITH RUSSIA.

        None of the funds appropriated pursuant to the
    authorization in section 301 for Cooperative Threat Reduction
    programs may be obligated or expended for the purpose of
    conducting with Russia any peacekeeping exercise or other
    peacekeeping-related activity.

    SEC. 1204. REVISION TO AUTHORITY FOR ASSISTANCE FOR WEAPONS
                        DESTRUCTION.

        Section 211 of Public Law 102-228 (22 U.S.C. 2551 note) is
    amended by adding at the end the following new subsection:
        ``(c) As part of a transmission to Congress under
    subsection (b) of a certification that a proposed recipient of
    United States assistance under this title is committed to
    carrying out the matters specified in each of paragraphs (1)
    through (6) of that subsection, the President shall include a
    statement setting forth, in unclassified form (together with a
    classified annex if necessary), the determination of the
    President, with respect to each such paragraph, as to whether
    that proposed recipient is at that time in fact carrying out
    the matter specified in that paragraph.''.

    SEC. 1205.\5\ PRIOR NOTICE TO CONGRESS OF OBLIGATION OF FUNDS.

        (a) Annual Requirement.--(1) Not less than 15 days before
    any obligation of any funds appropriated for any fiscal year
    for a program specified under section 1201 as a Cooperative
    Threat Reduction program, the Secretary of Defense shall submit
    to the congressional committees specified in paragraph (2) a
    report on that proposed obligation for that program for that
    fiscal year.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 5955 note.
    ---------------------------------------------------------------------------
        (2) The congressional committees referred to in paragraph
    (1) are the following:
              (A) The Committee on Armed Services, the Committee on
            Foreign Relations, and the Committee on Appropriations
            of the Senate.
              (B) The Committee on National Security, \6\ the
            Committee on International Relations, and the Committee
            on Appropriations of the House of Representatives.
    ---------------------------------------------------------------------------
        \6\ The House Committee on National Security reverted back to its
    former name, Committee on Armed Services, in the 106th Congress.
    Congress did not enact legislation, however, to universally amend
    reference to that committee in Public Law. Sec. 1067 of the National
    Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
    Stat. 774) did make such a change in specific pieces of legislation and
    10 United States Code.
    ---------------------------------------------------------------------------
        (b) Matters To Be Specified in Reports.--Each such report
    shall specify--
              (1) the activities and forms of assistance for which
            the Secretary of Defense plans to obligate funds;
              (2) the amount of the proposed obligation; and
              (3) the projected involvement (if any) of any
            department or agency of the United States (in addition
            to the Department of Defense) and of the private sector
            of the United States in the activities and forms of
            assistance for which the Secretary of Defense plans to
            obligate such funds.

    SEC. 1206.\7\ * * * [REPEALED--2000]

    SEC. 1207. LIMITATION ON ASSISTANCE TO NUCLEAR WEAPONS SCIENTISTS OF
                        FORMER SOVIET UNION.

        Amounts appropriated pursuant to the authorization of
    appropriations in section 301 for Cooperative Threat Reduction
    programs may not be obligated for any program established
    primarily to assist nuclear weapons scientists in states of the
    former Soviet Union until 30 days after the date on which the
    Secretary of Defense certifies in writing to Congress that the
    funds to be obligated will not be used (1) to contribute to the
    modernization of the strategic nuclear forces of such states,
    or (2) for research, development, or production of weapons of
    mass destruction.
    ---------------------------------------------------------------------------
        \7\ Formerly at 22 U.S.C. 5955 note. Required a report on
    accounting for U.S. assistance. Sec. 1308(g)(1)(C) of Public Law 106-
    398 (114 Stat. 1654A-343) repealed this section. Sec. 1308 of that Act
    repealed several CTR reporting requirements and established a new,
    consolidated, report on activities and assistance under CTR programs.
    ---------------------------------------------------------------------------

    SEC. 1208.\8\ LIMITATION RELATING TO OFFENSIVE BIOLOGICAL WARFARE
                        PROGRAM OF RUSSIA.

        (a) Limitation.--Of the amount appropriated pursuant to the
    authorization of appropriations in section 301 for Cooperative
    Threat Reduction programs that is available for the purpose
    stated in section 1202(a)(6), $60,000,000 may not be obligated
    or expended until the President submits to Congress either a
    certification as provided in subsection (b) or a certification
    as provided in subsection (c).
    ---------------------------------------------------------------------------
        \8\ In a memorandum of April 1, 1996, the President delegated to
    the Secretary of State the authorities and duties vested in the
    President under this section, to be exercised in consultation with the
    Secretary of Defense (61 F.R. 26017; May 23, 1996).
    ---------------------------------------------------------------------------
        (b) Certification With Respect to Offensive Biological
    Warfare Program of Russia.--A certification under this
    subsection is a certification by the President of each of the
    following:
              (1) That Russia is in compliance with its obligations
            under the Biological Weapons Convention.
              (2) That Russia has agreed with the United States and
            the United Kingdom on a common set of procedures to
            govern visits by officials of the United States and
            United Kingdom to military biological facilities of
            Russia, as called for under the Joint Statement on
            Biological Weapons issued by officials of the United
            States, the United Kingdom, and Russia on September 14,
            1992.
              (3) That visits by officials of the United States and
            United Kingdom to the four declared military biological
            facilities of Russia have occurred.
        (c) Alternative Certification.--A certification under this
    subsection is a certification by the President that the
    President is unable to make a certification under subsection
    (b).
        (d) Use of Funds Upon Alternative Certification.--If the
    President makes a certification under subsection (c), the
    $60,000,000 specified in subsection (a)--
              (1) shall not be available for the purpose stated in
            section 1202(a)(6); and
              (2) shall be available for activities in Ukraine,
            Kazakhstan, and Belarus--
                      (A) for the elimination of strategic
                    offensive weapons (in addition to the amount
                    specified in section 1202(a)(1)); and
                      (B) for nuclear infrastructure elimination
                    (in addition to the amount specified in section
                    1202(a)(4)).

    SEC. 1209. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION
                        FACILITY.

        (a) Limitation.--Of the amount appropriated pursuant to the
    authorization of appropriations in section 301 for Cooperative
    Threat Reduction programs that is available for planning and
    design of a chemical weapons destruction facility, not more
    than one-half of such amount may be obligated or expended until
    the President certifies to Congress the following:
              (1) That the United States and Russia have completed
            a joint laboratory study to determine the feasibility
            of an appropriate technology for destruction of
            chemical weapons of Russia.
              (2) That Russia is making reasonable progress, with
            the assistance of the United States (if necessary),
            toward the completion of a comprehensive implementation
            plan for managing and funding the dismantlement and
            destruction of Russia's chemical weapons stockpile.
              (3) That the United States and Russia have made
            substantial progress toward resolution, to the
            satisfaction of the United States, of outstanding
            compliance issues under the 1989 Wyoming Memorandum of
            Understanding and the 1990 Bilateral Destruction
            Agreement.
        (b) Definitions.--In this section:
              (1) The term ``1989 Wyoming Memorandum of
            Understanding'' means the Memorandum of Understanding
            between the Government of the United States of America
            and the Government of the Union of Soviet Socialist
            Republics Regarding a Bilateral Verification Experiment
            and Data Exchange Related to Prohibition on Chemical
            Weapons, signed at Jackson Hole, Wyoming, on September
            23, 1989.
              (2) The term ``1990 Bilateral Destruction Agreement''
            means the Agreement between the United States of
            America and the Union of Soviet Socialist Republics on
            destruction and nonproduction of chemical weapons and
            on measures to facilitate the multilateral convention
            on banning chemical weapons signed on June 1, 1990.
              * * * * * * *
               m. Cooperative Threat Reduction, Fiscal Year 1995

    Partial text of Public Law 103-337 [National Defense Authorization Act
      for Fiscal Year 1995; S. 2182], 108 Stat. 2663, approved October 5,
    1994; as amended by Public Law 104-106 [National Defense Authorization
     Act for Fiscal Year 1996; S. 1124], 110 Stat. 186, approved February
      10, 1996; and Public Law 106-398 [Floyd D. Spence National Defense
      Authorization Act for Fiscal Year 2000; H.R. 4205], 114 Stat. 1654,
                           approved October 30, 2000

     AN ACT To authorize appropriations for fiscal year 1995 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 1995''.
              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 1995 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance in
    amounts as follows:
              (1)-(18) * * *
              (19) For Cooperative Threat Reduction programs,
            $400,000,000. \1\
    ---------------------------------------------------------------------------
        \1\ Title II of the Department of Defense Appropriations Act, 1995
    (Public Law 103-335; 108 Stat. 2606), provided the following:
    ---------------------------------------------------------------------------

    ``Former Soviet Union Threat Reduction
    ---------------------------------------------------------------------------

        ``For assistance to the republics of the former Soviet Union,
    including assistance provided by contract or by grants, for
    facilitating the elimination and the safe and secure transportation and
    storage of nuclear, chemical and other weapons; for providing
    incentives for demilitarization; for establishing programs to prevent
    the proliferation of weapons, weapons components, and weapon-related
    technology and expertise; for programs relating to the training and
    support of defense and military personnel for demilitarization and
    protection of weapons, weapons components and weapons technology and
    expertise; for supporting the demilitarization of military technologies
    and production infrastructure; $400,000,000, to remain available until
    expended: Provided, That of the funds appropriated under this heading,
    $10,000,000 shall be made available only for the continuing study,
    assessment, and identification of nuclear waste disposal by the former
    Soviet Union in the Arctic and North Pacific regions.''.
    ---------------------------------------------------------------------------
              (20) * * *
              * * * * * * *

     TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
                                     UNION

              * * * * * * *

    SEC. 1201.\2\ COOPERATIVE THREAT REDUCTION PROGRAMS.

        For purposes of section 301 and other provisions of this
    Act, Cooperative Threat Reduction programs are the programs
    described in section 1203(b) of the Cooperative Threat
    Reduction Act of 1993 (title XII of Public Law 103-160; 107
    Stat. 1778; 22 U.S.C. 5952(b)).
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 5952 note.
    ---------------------------------------------------------------------------

    SEC. 1202. EXTENSION OF SEMIANNUAL REPORT ON COOPERATIVE THREAT
                        REDUCTION PROGRAMS.

        Section 1207 of the Cooperative Threat Reduction Act of
    1993 (title XII of Public Law 103-160 \3\; 107 Stat. 1782) is
    amended--* * *
    ---------------------------------------------------------------------------
        \3\ Originally read ``Public Law 103-60''. Sec. 1504(a)(7)(A) of
    the National Defense Authorization Act for Fiscal Year 1996 (Public Law
    104-106; 110 Stat. 513) corrected this section to read ``Public Law
    103-160''.
        \4\ Sec. 1203 required a report on accounting for U.S. assistance.
    Sec. 1308(g)(1)(B) of Public Law 106-398 (114 Stat. 1654A-343) repealed
    this section. Sec. 1308 of that Act repealed several CTR reporting
    requirements and established a new, consolidated, report on activities
    and assistance under CTR programs.
    ---------------------------------------------------------------------------

    SEC. 1203.\4\ * * * [REPEALED--2000]

    SEC. 1204. REPORT ON CONTROL AND ACCOUNTABILITY OF MATERIAL RELATING TO
                        WEAPONS OF MASS DESTRUCTION.

        The Secretary of Defense shall submit to Congress a report
    on progress being made in each state of the former Soviet Union
    that is a recipient of assistance under Cooperative Threat
    Reduction programs toward the development of an effective
    system of control and accountability for material related to
    weapons of mass destruction in that country. Under such a
    system, officials of the United States and of the recipient
    country should have an accurate accounting of the weapons of
    mass destruction in that country and the fissile and chemical
    materials from those weapons. The report shall be submitted not
    later than three months after the date of the enactment of this
    Act.
    ---------------------------------------------------------------------------
        \5\ Formerly at 22 U.S.C. 5952 note. Pertained to multiyear
    planning, allied support; required a report on funding to Congress.
    Sec. 1308(g)(2) of Public Law 106-398 (114 Stat. 1654) repealed this
    section, ``effective on the date the Secretary of Defense submits to
    Congress an updated version of the multiyear plans for fiscal year 2001
    as described in subsection (h)'' of that Act.
    ---------------------------------------------------------------------------

    SEC. 1205.\5\ * * * [REPEALED--2000]

    SEC. 1206. FUNDING LIMITATIONS ON COOPERATIVE THREAT REDUCTION PROGRAM
                        FOR FISCAL YEAR 1995.

        (a) Program Amounts.--Of the amount authorized to be
    appropriated in section 301 for Cooperative Threat Reduction
    programs--
              (1) not more than $60,000,000 may be obligated for
            the demilitarization of defense industries and the
            conversion of military technologies and capabilities
            into civilian activities;
              (2) not more than $200,000,000 may be obligated for
            Weapons Dismantlement, Destruction, and
            Denuclearization;
              (3) not more than $60,000,000 may be obligated for
            Safety and Security, Transportation, and Storage;
              (4) not more than $40,000,000 may be obligated for
            Nonproliferation;
              (5) not more than $20,000,000 may be obligated for
            Defense and Military-to-Military Contacts; and
              (6) not more than $20,000,000 may be obligated for
            other authorized programs and activities.
        (b) Limited Authority To Exceed Individual Limitation
    Amounts.--(1) If the Secretary of Defense determines that it is
    necessary to do so in the national interest, the Secretary may,
    subject to paragraph (2), obligate amounts for the purposes
    stated in any of the paragraphs of subsection (a) in excess of
    the amount specified for those purposes in that paragraph.
    However, the total amount obligated for the purposes stated in
    the paragraphs in subsection (a) may not by reason of the use
    of the authority provided in the preceding sentence exceed the
    sum of the amounts specified in those paragraphs.
        (2) An obligation for the purposes stated in any of the
    paragraphs in subsection (a) in excess of the amount specified
    in that paragraph may be made using the authority provided in
    paragraph (1) only after--
              (A) the Secretary submits to Congress a notification
            of the intent to do so together with a complete
            discussion of the justification for doing so; and
              (B) 15 days have elapsed following the date of the
            notification.

    SEC. 1207. REPORT ON OFFENSIVE BIOLOGICAL WARFARE PROGRAM OF THE STATES
                        OF THE FORMER SOVIET UNION.

        (a) Findings.--Congress makes the following findings:
              (1) The United States has identified nonproliferation
            of weapons of mass destruction as a high priority in
            the conduct of United States national security policy.
              (2) The United States is seeking universal adherence
            to global regimes that control nuclear, chemical, and
            biological weapons and is promoting new measures that
            provide increased transparency of biological weapons-
            related activities and facilities in an effort to help
            deter violations of and enhance compliance with the
            Biological Weapons Convention.
              (3) In early 1992, Russian President Boris Yeltsin
            indicated to former United States President George Bush
            that Russia still had an offensive biological weapons
            program.
              (4) A United States Government report dated January
            19, 1993, on arms control noncompliance noted that
            Russian declarations up to that date had dramatically
            underestimated the size, scope, and maturity of the
            former Soviet biological weapons program.
              (5) Despite President Yeltsin's decree of April 11,
            1993, stating that activities in violation of the
            Biological Weapons Convention are illegal, questions
            continue to arise regarding offensive biological
            weapons research, development, testing, production, and
            storage in Russia as well as in other countries.
              (6) A United States Government report, dated June 23,
            1994, states the following: ``The United States has
            determined that the offensive biological warfare
            program that Russia inherited from the Soviet Union
            violated the Biological Weapons Convention through at
            least March 1992. The Soviet offensive biological
            weapons program was massive, and included production,
            weaponization, and stockpiling. The status of the
            program since that time remains unclear and the U.S.
            remains concerned about the Russian biological warfare
            program.''.
              (7) The Joint Statement on Biological Weapons issued
            by officials of the United States, the United Kingdom,
            and Russia on September 14, 1992, confirmed the
            commitment of the three governments to full compliance
            with the Biological Weapons Convention and outlined
            steps designed to increase confidence in that
            commitment.
              (8) The Presidents of Russia and the United States
            are scheduled to hold a summit meeting in Washington
            during the month of September 1994.
        (b) Sense of Congress.--It is the sense of Congress that--
              (1) the President should continue to urge all
            signatories to the Biological Weapons Convention to
            comply fully with the terms of that convention and with
            other international agreements relating to the control
            of biological weapons;
              (2) the President should keep the Congress fully and
            currently informed regarding any Russian activities
            related to offensive biological weapons;
              (3) the President should continue to insist that the
            Russian Government complete the steps noted and agreed
            to in the Joint Statement on Biological Weapons issued
            by officials of the United States, the United Kingdom,
            and Russia on September 14, 1992;
              (4) subsequent meetings of representatives of the
            United States, the United Kingdom, and Russia on
            biological weapons and the September 1994 summit
            meeting in Washington provide opportunities for the
            President to again emphasize the importance of
            resolving the issues related to compliance with the
            Biological Weapons Convention;
              (5) in assessing the President's fiscal year 1996
            budget request for foreign assistance funds for Russia,
            and for other programs and activities to provide
            assistance to Russia, including the Cooperative Threat
            Reduction programs, Congress will consider United
            States Government assessments of Russia's compliance
            with its obligations under the Biological Weapons
            Convention; and
              (6) as the President encourages increased
            transparency of biological weapons-related activities
            and facilities to deter violations of, and enhance
            compliance with, the Biological Weapons Convention, the
            President should also take appropriate actions to
            ensure that the United States is prepared to counter
            the effects of use of biological weapons by others.
        (c) \6\ Presidential Reports.--Not later than February 1,
    1995, not later than June 1, 1995, and not later than October
    1, 1995, the President shall submit to Congress a report, in
    classified and unclassified forms, containing an assessment of
    the extent of compliance of the independent states of the
    former Soviet Union with the Biological Weapons Convention and
    other international agreements relating to the control of
    biological weapons.
    ---------------------------------------------------------------------------
        \6\ In a memorandum of February 15, 1995, the President delegated
    the authority and functions laid out in sec. 1207(c) to the Secretary
    of State, in consultation with the Secretary of Defense (60 F.R. 10791;
    February 28, 1995).
    ---------------------------------------------------------------------------
        (d) Content of Report.--The report shall include the
    following:
              (1) Matters related to compliance.--
                      (A) An evaluation of the extent of control
                    and oversight by the government of the Russian
                    Federation over the former Soviet military and
                    dual civilian-military biological warfare
                    programs.
                      (B) The extent, if any, of the biological
                    warfare agent stockpile in any of the
                    independent states of the former Soviet Union.
                      (C) The extent and scope, if any, of
                    continued biological warfare research,
                    development, testing, and production by such
                    states, including the sites and types of
                    activity at those sites.
                      (D) An evaluation of the effectiveness of
                    possible delivery systems of biological
                    weapons, including tube and rocket artillery,
                    aircraft, and ballistic missiles.
                      (E) An assessment of measures taken by the
                    Russian Government to complete the steps noted
                    and agreed to in the 1992 Joint Statement on
                    Biological Weapons referred to in subsection
                    (b)(3), including a determination of the extent
                    to which Russia has--
                              (i) agreed to permit visits to
                            military and nonmilitary biological
                            sites in order to attempt to resolve
                            ambiguities;
                              (ii) provided information about
                            biological weapons dismantlement
                            accomplished to date, and further
                            clarification of information provided
                            in its United Nations Declarations
                            regarding biological weapons;
                              (iii) been cooperative in exchanging
                            information on a confidential,
                            reciprocal basis concerning past
                            offensive biological weapons programs
                            not recorded in detail in its
                            declarations to the United Nations;
                              (iv) cooperated in reviewing
                            potential additional measures to
                            monitor compliance with the Biological
                            Weapons Convention and modalities for
                            testing such measures;
                              (v) agreed to an examination of the
                            physical infrastructure of its
                            biological facilities to determine
                            whether there is specific equipment or
                            excess capacity inconsistent with their
                            stated purpose;
                              (vi) helped identify ways to promote
                            cooperation and investment in the
                            conversion of biological weapons
                            facilities; and
                              (vii) agreed to exchanges of
                            scientists at biological facilities on
                            a long-term basis.
              (2) Matters related to united states capabilities.--
                      (A) An evaluation of United States
                    capabilities to detect and monitor biological
                    warfare research, development, testing,
                    production, and storage.
                      (B) On the basis of the assessment and
                    evaluations referred to in other provisions of
                    the report, recommendations by the Secretary of
                    Defense and Chairman of the Joint Chiefs of
                    Staff for the improvement of United States
                    biological warfare defense and counter-
                    measures.
        (e) Limitation.--Of the amount authorized to be
    appropriated by section 301 for Cooperative Threat Reduction
    programs, $25,000,000 may not be obligated until the President
    submits to Congress the first report required under subsection
    (c).

    SEC. 1208. COORDINATION OF CERTAIN COOPERATIVE THREAT REDUCTION
                        PROGRAMS.

        (a) Military-to-Military Contact Programs.--(1) None of the
    funds authorized to be appropriated in section 301 for
    Cooperative Threat Reduction programs may be obligated for
    activities under a military-to-military contact program until
    the Secretary of Defense and the Secretary of State submit to
    Congress a joint report on the coordination of military-to-
    military contact programs and comparable activities carried out
    under their respective jurisdictions.
        (2) The report shall cover the following programs and
    activities:
              (A) Defense and military-to-military contact programs
            to be carried out using funds authorized to be
            appropriated in section 301 for Cooperative Threat
            Reduction programs.
              (B) Military-to-military contacts and comparable
            activities that are authorized by section 168 of title
            10, United States Code, as added by section 1316.
              (C) Programs authorized under chapter 5 of part II of
            the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et
            seq.).
        (3) The report shall include a discussion of how the
    programs and activities referred to in paragraph (2) are
    carried out to maximize--
              (A) the effect of such programs and activities in
            enhancing United States foreign policy objectives; and
              (B) cost-efficiency in the conduct of the programs
            and activities.
        (b) Report.--Section 1207 of the Cooperative Threat
    Reduction Act of 1993 (title XII of Public Law 103-160; 107
    Stat. 1777; 22 U.S.C. 5956), is amended by adding at the end
    the following new paragraph: * * *

    SEC. 1209. SENSE OF CONGRESS CONCERNING SAFE AND SECURE DISMANTLEMENT
                        OF SOVIET NUCLEAR ARSENAL.

        (a) Findings.--Congress makes the following findings:
              (1) It is a pressing national security challenge for
            the United States to expedite the safe and secure
            dismantlement of the nuclear arsenal of the former
            Soviet Union.
              (2) In particular, it is essential to expedite the
            return of strategic nuclear warheads from Ukraine,
            Belarus, and Kazakhstan and to expedite the safe and
            secure dismantlement of the nuclear delivery vehicles
            of Ukraine, Belarus, and Kazakhstan.
              (3) Leakage of nuclear materials and technology, and
            the continuing threat of emigration of scientists and
            technicians from the former Soviet nuclear weapons
            complex, pose a grave threat to United States national
            security and to international stability.
              (4) Congress has authorized so-called ``Nunn-Lugar''
            funds to enable the Department of Defense to carry out
            cooperative activities with states of the former Soviet
            Union to address the threats described in paragraphs
            (1), (2), and (3).
        (b) Sense of Congress.--In light of the findings in
    subsection (a), it is the sense of Congress that--
              (1) the Secretary of Defense and the Secretary of
            State should continue to give their serious attention
            to carrying out a coordinated strategy for addressing
            the urgent national security issues described in
            subsection (a);
              (2) the United States should expedite the
            availability and effective application of so-called
            ``Nunn-Lugar'' funds;
              (3) although activities conducted with those funds
            should, to the extent feasible, draw upon United States
            technology and expertise, the United States should work
            with local contractors in Belarus, Kazakhstan, Russia,
            and Ukraine when doing so would expedite more effective
            use of those funds; and
              (4) efforts should be made to make the Science and
            Technology Centers in Moscow and Kiev, designed to slow
            the emigration of scientists and technicians from the
            former Soviet weapons complex, fully operational on an
            expedited basis.
              * * * * * * *
                  n. Cooperative Threat Reduction Act of 1993

    Title XII of Public Law 103-160 [National Defense Authorization Act for
    Fiscal Year 1994; H.R. 2401], 107 Stat. 1547 at 1777, approved November
         30, 1993; as amended by Public Law 103-337 [National Defense
       Authorization Act for Fiscal Year 1995; S. 2182], 108 Stat. 2663,
    approved October 5, 1994; Public Law 106-398 [Floyd D. Spence National
     Defense Authorization Act for Fiscal Year 2000; H.R. 4205], 114 Stat.
      1654, approved October 30, 2000; and Public Law 107-314 [Bob Stump
     National Defense Authorization Act for Fiscal Year 2003; H.R. 4546],
                   116 Stat. 2458, approved December 2, 2002

     AN ACT To authorize appropriations for fiscal year 1994 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,
              * * * * * * *

                      TITLE III--OPERATION AND MAINTENANCE

                  Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

        Funds are hereby authorized to be appropriated for fiscal
    year 1994 for the use of the Armed Forces and other activities
    and agencies of the Department of Defense for expenses, not
    otherwise provided for, for operation and maintenance in
    amounts as follows:
              (1)-(20) * * *
              (21) For Former Soviet Union Threat Reduction,
            $400,000,000.\1\
    ---------------------------------------------------------------------------
        \1\ Title II of the Department of Defense Appropriations Act, 1994
    (Public Law 103-139; 107 Stat. 1426), provided the following:
    ---------------------------------------------------------------------------

    ``Former Soviet Union Threat Reduction
    ---------------------------------------------------------------------------

        ``For assistance to the republics of the former Soviet Union,
    including assistance provided by contract or by grants, for
    facilitating the elimination and the safe and secure transportation and
    storage of nuclear, chemical and other weapons; for providing
    incentives for demilitarization; for establishing programs to prevent
    the proliferation of weapons, weapons components, and weapon-related
    technology and expertise; for expansion of military-to-military
    contacts; for supporting the conversion of military technologies and
    capabilities into civilian activities; and for retraining military
    personnel of the former Soviet Union; $400,000,000, to remain available
    until expended: Provided, That of the funds appropriated under this
    heading, $10,000,000 shall be made available only for the continuing
    study, assessment, and identification of nuclear waste disposal by the
    former Soviet Union in the Arctic and North Pacific region: Provided
    further, That the transfer authority provided in section 9110(a) of the
    Department of Defense Appropriations Act, 1993, shall continued to be
    in effect during fiscal year 1994: Provided further, That any transfer
    made under the foregoing proviso in this paragraph shall be subject to
    the limitations and the reporting requirements stipulated in section
    8006 of this Act: Provided further, That the Director of Central
    Intelligence shall report to the President and the Congressional
    defense, foreign affairs, and intelligence committees on the current
    status of intercontinental ballistic missile development and production
    in states eligible for assistance under this heading: Provided further,
    That none of the funds appropriated under this heading may be expended
    or transferred to an otherwise eligible recipient state if the
    President concludes, and notifies the Congressional defense, foreign
    affairs, and intelligence committees in a written report, that the
    potential recipient is currently engaged in the production of a new
    road mobile or fixed-site land based intercontinental ballistic missile
    armed with multiple nuclear re-entry vehicles.''.
    ---------------------------------------------------------------------------
              * * * * * * *

     TITLE XII--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
                                     UNION

    SEC. 1201.\2\ SHORT TITLE.

        This title may be cited as the ``Cooperative Threat
    Reduction Act of 1993''.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 5951 note.
    ---------------------------------------------------------------------------

    SEC. 1202.\3\ FINDINGS ON COOPERATIVE THREAT REDUCTION.

        The Congress finds that it is in the national security
    interest of the United States for the United States to do the
    following:
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 5951.
    ---------------------------------------------------------------------------
              (1) Facilitate, on a priority basis, the
            transportation, storage, safeguarding, and elimination
            of nuclear and other weapons of the independent states
            of the former Soviet Union, including--
                      (A) the safe and secure storage of fissile
                    materials derived from the elimination of
                    nuclear weapons;
                      (B) the dismantlement of (i) intercontinental
                    ballistic missiles and launchers for such
                    missiles, (ii) submarine-launched ballistic
                    missiles and launchers for such missiles, and
                    (iii) heavy bombers; and
                      (C) the elimination of chemical, biological
                    and other weapons capabilities.
              (2) Facilitate, on a priority basis, the prevention
            of proliferation of weapons (and components of weapons)
            of mass destruction and destabilizing conventional
            weapons of the independent states of the former Soviet
            Union and the establishment of verifiable safeguards
            against the proliferation of such weapons and
            components.
              (3) Facilitate, on a priority basis, the prevention
            of diversion of weapons-related scientific expertise of
            the independent states of the former Soviet Union to
            terrorist groups or third world countries.
              (4) Support (A) the demilitarization of the defense-
            related industry and equipment of the independent
            states of the former Soviet Union, and (B) the
            conversion of such industry and equipment to civilian
            purposes and uses.
              (5) Expand military-to-military and defense contacts
            between the United States and the independent states of
            the former Soviet Union.

    SEC. 1203.\4\ AUTHORITY FOR PROGRAMS TO FACILITATE COOPERATIVE THREAT
                        REDUCTION.

        (a) In General.--Notwithstanding any other provision of
    law, the President may conduct programs described in subsection
    (b) to assist the independent states of the former Soviet Union
    in the demilitarization of the former Soviet Union. Any such
    program may be carried out only to the extent that the
    President determines that the program will directly contribute
    to the national security interests of the United States.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 5952. See also sec. 3131 of the National Defense
    Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat.
    617).
        In a memorandum of January 29, 1994, the President delegated
    authorities and duties in sections 1203 through 1207 as follows:
        ``* * * I hereby delegate:
    ---------------------------------------------------------------------------

      ``1. to the Secretary of State the authority and duty vested in the
    President under section 1203(d) of the Cooperative Threat Reduction Act of
    1993, Title XII of the National Defense Authorization Act for Fiscal Year
    1994 (Public Law 103-160);

      ``2. to the Secretary of Defense the authorities and duties vested in the
    President under sections 1203(a), 1204, 1206, and 1207 of Public Law 103-
    160.
    ---------------------------------------------------------------------------

        ``The Secretary of Defense shall not exercise authority delegated
    by number 2 hereof with respect to any former Soviet republic unless
    the Secretary of State has exercised his authority and performed the
    duty delegated by number 1 hereof, as applicable, with respect to that
    former Soviet republic. The Secretary of Defense shall not obligated
    funds in exercise of authority delegated by number 2 hereof unless the
    Director of the Office of Management and Budget has made the
    determination that expenditures are to be counted as discretionary
    spending in the national defense budget (050), as applicable to the
    funds to be transferred.'' (59 F.R. 5929; February 9, 1994).
    ---------------------------------------------------------------------------
        (b) Authorized Programs.--The programs referred to in
    subsection (a) are the following:
              (1) Programs to facilitate the elimination, and the
            safe and secure transportation and storage, of nuclear,
            chemical, and other weapons and their delivery
            vehicles.
              (2) Programs to facilitate the safe and secure
            storage of fissile materials derived from the
            elimination of nuclear weapons.
              (3) Programs to prevent the proliferation of weapons,
            weapons components, and weapons-related technology and
            expertise.
              (4) Programs to expand military-to-military and
            defense contacts.
              (5) Programs to facilitate the demilitarization of
            defense industries and the conversion of military
            technologies and capabilities into civilian activities.
              (6) Programs to assist in the environmental
            restoration of former military sites and installations
            when such restoration is necessary to the
            demilitarization or conversion programs authorized in
            paragraph (5).
              (7) Programs to provide housing for former military
            personnel of the former Soviet Union released from
            military service in connection with the dismantlement
            of strategic nuclear weapons, when provision of such
            housing is necessary for dismantlement of strategic
            nuclear weapons and when no other funds are available
            for such housing.
              (8) Other programs as described in section 212(b) of
            the Soviet Nuclear Threat Reduction Act of 1991 (title
            II of Public Law 102-228; 22 U.S.C. 2551 note) and
            section 1412(b) of the Former Soviet Union
            Demilitarization Act of 1992 (title XIV of Public Law
            102-484; 22 U.S.C. 5901 et seq.).
        (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 private
    sector of the United States.
        (d) \5\ Restrictions.--Assistance authorized by subsection
    (a) may not be provided to any independent state of the former
    Soviet Union for any fiscal year\6\ unless the President
    certifies to Congress for such fiscal year\6\ that the proposed
    recipient state is committed to each of the following:
    ---------------------------------------------------------------------------
        \5\ Sec. 1310 of Public Law 106-65 (113 Stat. 795) provided the
    following:
    ---------------------------------------------------------------------------

    ``sec. 1310. limitation on use of funds until submission of certification.
    ---------------------------------------------------------------------------

        ``No funds appropriated for fiscal year 1999 for Cooperative Threat
    Reduction programs and remaining available for obligation or
    expenditure may be obligated or expended for assistance for any country
    under a Cooperative Threat Reduction Program until the President
    resubmits to Congress an updated certification under section 1203(d) of
    the Cooperative Threat Reduction Act of 1993 (title XII of Public Law
    103-160; 22 U.S.C. 5952(d)), section 1412(d) of the Former Soviet Union
    Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22
    U.S.C. 5902(d)), and section 502 of the Freedom for Russia and Emerging
    Eurasian Democracies and Open Markets Support Act of 1992 (Public Law
    102-511; 22 U.S.C. 5852).''.
         In memoranda dated January 10, 2003 (68 F.R. 2419; January 17,
    2003), November 7, 2003 (68 F.R. 65383; November 20, 2003), and
    December 6, 2004 (69 F.R. 74933; December 14, 2004), for the Secretary
    of State, the President certified under sec. 1306 of the Bob Stump
    National Defense Authorization Act for Fiscal Year 2003 (title XIII of
    division A of Public Law 107-314; 116 Stat. 2458) that a waiver of the
    requirements of this section and sec. 502 of the FREEDOM Support Act
    (22 U.S.C. 5852) with regard to the Russian Federation for fiscal years
    2003, 2004, and 2005 was justified. In memoranda dated December 30,
    2003 (69 F.R. 2479; January 16, 2004), and December 14, 2004 (70 F.R.
    1; January 3, 2005), for the Secretary of State, the President made the
    same certification with regard to the Republic of Uzbekistan for fiscal
    years 2004 and 2005.
        In a memorandum of October 20, 2004, for the Secretary of State (69
    F.R. 63917, November 3, 2004), the President certified under this
    subsection that Albania was committed to the courses of action
    enumerated in this subsection, as sec. 1308(e) of the National Defense
    Authorization Act for Fiscal Year 2004 (Title XIII of Public Law 108-
    136; 117 Stat. 1392) requires. This certification was made in
    connection with a related memorandum of October 20, 2004, for the
    Secretary of State (69 F.R. 63037, October 28, 2004), in which the
    President made a determination under sec. 1308 of the National Defense
    Authorization Act for Fiscal Year 2004 that justified the obligation
    and expenditure of Cooperative Threat Reduction funds in Albania for
    fiscal year 2004.
        \6\ Sec. 1306(e)(1) of the Bob Stump National Defense Authorization
    Act for Fiscal Year 2003 (title XIII of division A of Public Law 107-
    314; 116 Stat. 2458) struck out ``any year'' from subsec. (d) and
    inserted in lieu thereof ``any fiscal year'', and sec. 1306(e)(2) of
    that Act struck out ``that year'' and inserted in lieu thereof ``such
    fiscal year''.
    ---------------------------------------------------------------------------
              (1) Making substantial investment of its resources
            for dismantling or destroying its weapons of mass
            destruction, if such state has an obligation under a
            treaty or other agreement to destroy or dismantle any
            such weapons.
              (2) Foregoing any military modernization program that
            exceeds legitimate defense requirements and foregoing
            the replacement of destroyed weapons of mass
            destruction.
              (3) Foregoing 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,
            section 1412(b) of the Former Soviet Union
            Demilitarization Act of 1992 (title XIV of Public Law
            102-484; 22 U.S.C. 590(b)), or section 212(b) of the
            Soviet Nuclear Threat Reduction Act of 1991 (title II
            of Public Law 102-228; 22 U.S.C. 2551 note).
              (5) Complying with all relevant arms control
            agreements.
              (6) Observing internationally recognized human
            rights, including the protection of minorities.

    SEC. 1204.\7\ DEMILITARIZATION ENTERPRISE FUND.

        (a) Designation of Fund.--The President is authorized to
    designate a Demilitarization Enterprise Fund for the purposes
    of this section. The President may designate as the
    Demilitarization Enterprise Fund any organization that
    satisfies the requirements of subsection (e).
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 5953.
    ---------------------------------------------------------------------------
        (b) Purpose of Fund.--The purpose of the Demilitarization
    Enterprise Fund is to receive grants pursuant to this section
    and to use the grant proceeds to provide financial support
    under programs described in subsection (b)(5) for
    demilitarization of industries and conversion of military
    technologies and capabilities into civilian activities.
        (c) Grant Authority.--The President may make one or more
    grants to the Demilitarization Enterprise Fund.
        (d) Risk Capital Funding of Demilitarization.--The
    Demilitarization Enterprise Fund shall use the proceeds of
    grants received under this section to provide financial support
    in accordance with subsection (b) through transactions as
    follows:
              (1) Making loans.
              (2) Making grants.
              (3) Providing collateral for loan guaranties by the
            Export-Import Bank of the United States.
              (4) Taking equity positions.
              (5) Providing venture capital in joint ventures with
            United States industry.
              (6) Providing risk capital through any other form of
            transaction that the President considers appropriate
            for supporting programs described in subsection (b)(5).
        (e) Eligible Organization.--An organization is eligible for
    designation as the Demilitarization Enterprise Fund if the
    organization--
              (1) is a private, nonprofit organization;
              (2) is governed by a board of directors consisting of
            private citizens of the United States; and
              (3) provides assurances acceptable to the President
            that it will use grants received under this section to
            provide financial support in accordance with this
            section.
        (f) Operational Provisions.--The following provisions of
    section 201 of the Support for East European Democracy (SEED)
    Act of 1989 (Public Law 101-179; 22 U.S.C. 5421) shall apply
    with respect to the Demilitarization Enterprise Fund in the
    same manner as such provisions apply to Enterprise Funds
    designated pursuant to subsection (d) of such section:
              (1) Subsection (d)(5), relating to the private
            character of Enterprise Funds.
              (2) Subsection (h), relating to retention of interest
            earned in interest bearing accounts.
              (3) Subsection (i), relating to use of United States
            private venture capital.
              (4) Subsection (k), relating to support from
            Executive agencies.
              (5) Subsection (l), relating to limitation on
            payments to Fund personnel.
              (6) Subsections (m) and (n), relating to audits.
              (7) Subsection (o), relating to record keeping
            requirements.
              (8) Subsection (p), relating to annual reports.
    In addition, returns on investments of the Demilitarization
    Enterprise Fund and other payments to the Fund may be
    reinvested in projects of the Fund.
        (g) Experience of Other Enterprise Funds.--To the maximum
    extent practicable, the Board of Directors of the
    Demilitarization Enterprise Fund should adopt for that Fund
    practices and procedures that have been developed by Enterprise
    Funds for which funding has been made available pursuant to
    section 201 of the Support for East European Democracy (SEED)
    Act of 1989 (Public Law 101-179; 22 U.S.C. 5421).
        (h) Consultation Requirement.--In the implementation of
    this section, the Secretary of State and the Administrator of
    the Agency for International Development shall be consulted to
    ensure that the Articles of Incorporation of the Fund
    (including provisions specifying the responsibilities of the
    Board of Directors of the Fund), the terms of United States
    Government grant agreements with the Fund, and United States
    Government oversight of the Fund are, to the maximum extent
    practicable, consistent with the Articles of Incorporation of,
    the terms of grant agreements with, and the oversight of the
    Enterprise Funds established pursuant to section 201 of the
    Support for East European Democracy (SEED) Act of 1989 (22
    U.S.C. 5421) and comparable provisions of law.
        (i) Initial Implementation.--The Board of Directors of the
    Demilitarization Enterprise Fund shall publish the first annual
    report of the Fund not later than January 31, 1995.
        (j) Termination of Designation.--A designation of an
    organization as the Demilitarization Enterprise Fund under
    subsection (a) shall be temporary. When making the designation,
    the President shall provide for the eventual termination of the
    designation.

    SEC. 1205.\8\ FUNDING FOR FISCAL YEAR 1994.

        (a) Authorization of Appropriations.--Funds authorized to
    be appropriated under section 301(21) shall be available for
    cooperative threat reduction with states of the former Soviet
    Union under this title.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 5954.
    ---------------------------------------------------------------------------
        (b) Limitations.--(1) Not more than $15,000,000 of the
    funds referred to in subsection (a) may be made available for
    programs authorized in subsection (b)(6) of section 1203.
        (2) Not more than $20,000,000 of such funds may be made
    available for programs authorized in subsection (b)(7) of
    section 1203.
        (3) Not more than $40,000,000 of such funds may be made
    available for grants to the Demilitarization Enterprise Fund
    designated pursuant to section 1204 and for related
    administrative expenses.
        (c) Authorization of Extension of Availability of Prior
    Year Funds.--To the extent provided in appropriations Acts, the
    authority to transfer funds of the Department of Defense
    provided in section 9110(a) of the Department of Defense
    Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 1928),
    and in section 108 of Public Law 102-229 (105 Stat. 1708) shall
    continue to be in effect during fiscal year 1994.

    SEC. 1206.\9\ PRIOR NOTICE TO CONGRESS OF OBLIGATION OF FUNDS.

        (a) Notice of Proposed Obligation.--Not less than 15 days
    before obligation of any funds for programs under section 1203,
    the President shall transmit to the appropriate congressional
    committees as defined in section 1208 a report on the proposed
    obligation. Each such report shall specify--
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 5955.
    ---------------------------------------------------------------------------
              (1) the activities and forms of assistance for which
            the President plans to obligate such funds;
              (2) the amount of the proposed obligation; and
              (3) the projected involvement of the departments and
            agencies of the United States Government and the
            private sector of the United States.
        (b) Reports on Demilitarization or Conversion Projects.--
    Any report under subsection (a) that covers proposed
    demilitarization or conversion projects under paragraph (5) or
    (6) of section 1203(b) shall contain additional information to
    assist the Congress in determining the merits of the proposed
    projects. Such information shall include descriptions of--
              (1) the facilities to be demilitarized;
              (2) the types of activities conducted at those
            facilities and of the types of nonmilitary activities
            planned for those facilities;
              (3) the forms of assistance to be provided by the
            United States Government and by the private sector of
            the United States;
              (4) the extent to which military activities and
            production capability will consequently be eliminated
            at those facilities; and
              (5) the mechanisms to be established for monitoring
            progress on those projects.

    SEC. 1207.\10\ * * * [REPEALED--2000]

    SEC. 1208.\11\ APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

        In this title, the term ``appropriate congressional
    committees'' means--
    ---------------------------------------------------------------------------
        \10\ Formerly at 22 U.S.C. 5956. Required a semiannual report on
    accounting for U.S. assistance. Sec. 1308(g)(1)(A) of Public Law 106-
    398 (114 Stat. 1654A-343) repealed this section. Sec. 1308 of that Act
    repealed several CTR reporting requirements and established a new,
    consolidated, report on activities and assistance under CTR programs.
        \11\ 22 U.S.C. 5957.
    ---------------------------------------------------------------------------
              (1) the Committee on Foreign Relations of the Senate,
            the Committee on Foreign Affairs \12\ of the House of
            Representatives, and the Committees on Appropriations
            of the House and the Senate, wherever the account,
            budget activity, or program is funded from
            appropriations made under the international affairs
            budget function (150);
    ---------------------------------------------------------------------------
        \12\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
              (2) the Committees on Armed Services \13\ and the
            Committees on Appropriations of the Senate and the
            House of Representatives, wherever the account, budget
            activity, or program is funded from appropriations made
            under the national defense budget function (050); and
    ---------------------------------------------------------------------------
        \13\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives.
    ---------------------------------------------------------------------------
              (3) the committee to which the specified activities
            of section 1203, if the subject of separate
            legislation, would be referred under the rules of the
            respective House of Congress.

    SEC. 1209.\14\ AUTHORIZATION FOR ADDITIONAL FISCAL YEAR 1993 ASSISTANCE
                        TO THE INDEPENDENT STATES OF THE FORMER SOVIET
                        UNION.

        (a) Authorization of Appropriations.--There is hereby
    authorized to be appropriated for fiscal year 1993 for
    ``Operation and Maintenance, Defense Agencies'' the additional
    sum of $979,000,000, to be available for the purposes of
    providing assistance to the independent states of the former
    Soviet Union.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 5958.
    ---------------------------------------------------------------------------
        (b) Authorization of Transfer of Funds.--The Secretary of
    Defense may, to the extent provided in appropriations Acts,
    transfer from the account ``Operation and Maintenance, Defense
    Agencies'' for fiscal year 1993 a sum not to exceed the amount
    appropriated pursuant to the authorization in subsection (a)
    to--
              (1) other accounts of the Department of Defense for
            the purpose of providing assistance to the independent
            states of the former Soviet Union; or
              (2) appropriations available to the Department of
            State and other agencies of the United States
            Government for the purpose of providing assistance to
            the independent states of the former Soviet Union for
            programs that the President determines will increase
            the national security of the United States.
        (c) Administrative Provisions.--(1) Amounts transferred
    under subsection (b) shall be available subject to the same
    terms and conditions as the appropriations to which
    transferred.
        (2) The authority to make transfers pursuant to this
    section is in addition to any other transfer authority of the
    Department of Defense.
        (d) Coordination of Programs.--The President shall
    coordinate the programs described in subsection (b) with those
    authorized in the other provisions of this title and in the
    provisions of the Freedom for Russia and Emerging Eurasian
    Democracies and Open Markets Support Act of 1992 (Public Law
    102-511) so as to optimize the contribution such programs make
    to the national interests of the United States.
       o. Freedom for Russia and Emerging Eurasian Democracies and Open
                          Markets Support Act of 1992

                              FREEDOM Support Act

    Partial text of Public Law 102-511 [S. 2532], 106 Stat. 3320, approved
          October 24, 1992; as amended by Public Law 105-277 [Omnibus
    Consolidated and Emergency Supplemental Appropriations Act, 1999; H.R.
                4328], 112 Stat. 2681, approved October 21, 1998

    AN ACT To support freedom and open markets in the independent states of
                the former Soviet Union, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

    SECTION 1.\1\ SHORT TITLES.

        This Act may be cited as the ``Freedom for Russia and
    Emerging Eurasian Democracies and Open Markets Support Act of
    1992'' or the ``FREEDOM Support Act''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 5801 note.
    ---------------------------------------------------------------------------
              * * * * * * *

       TITLE V--NONPROLIFERATION AND DISARMAMENT PROGRAMS AND ACTIVITIES

    SEC. 501.\2\ FINDINGS.

        The Congress finds that it is in the national security
    interest of the United States--
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 5851.
    ---------------------------------------------------------------------------
              (1) to facilitate, on a priority basis--
                      (A) the transportation, storage,
                    safeguarding, and destruction of nuclear and
                    other weapons of mass destruction of the
                    independent states of the former Soviet Union;
                      (B) the prevention of proliferation of
                    weapons of mass destruction and destabilizing
                    conventional weapons of the independent states,
                    and the establishment of verifiable safeguards
                    against the proliferation of such weapons;
                      (C) the prevention of diversion of weapons-
                    related scientific expertise of the former
                    Soviet Union to terrorist groups or third
                    countries; and
                      (D) other efforts designed to reduce the
                    military threat from the former Soviet Union;
              (2) to support the conversion of the massive defense-
            related industry and equipment of the independent
            states of the former Soviet Union for civilian purposes
            and uses; and
              (3) to expand military-to-military contacts between
            the United States and the independent states.

    SEC. 502.\3\ ELIGIBILITY.

        Funds may be obligated for a fiscal year for assistance or
    other programs or activities for an independent state of the
    former Soviet Union under sections 503 and 504 only if the
    President has certified to the Congress,\4\ during that fiscal
    year, that such independent state is committed to--
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 5852. Sec. 1310 of Public Law 106-65 (113 Stat. 795)
    provided the following:
    ---------------------------------------------------------------------------

    ``sec. 1310. limitation on use of funds until submission of certification.
    ---------------------------------------------------------------------------

        ``No funds appropriated for fiscal year 1999 for Cooperative Threat
    Reduction programs and remaining available for obligation or
    expenditure may be obligated or expended for assistance for any country
    under a Cooperative Threat Reduction Program until the President
    resubmits to Congress an updated certification under section 1203(d) of
    the Cooperative Threat Reduction Act of 1993 (title XII of Public Law
    103-160; 22 U.S.C. 5952(d)), section 1412(d) of the Former Soviet Union
    Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22
    U.S.C. 5902(d)), and section 502 of the Freedom for Russia and Emerging
    Eurasian Democracies and Open Markets Support Act of 1992 (Public Law
    102-511; 22 U.S.C. 5852).''.
        In memoranda dated January 10, 2003 (68 F.R. 2419; January 17,
    2003), November 7, 2003 (68 F.R. 65383; November 20, 2003), and
    December 6, 2004 (69 F.R. 74933; December 14, 2004), for the Secretary
    of State, the President certified under sec. 1306 of the Bob Stump
    National Defense Authorization Act for Fiscal Year 2003 (title XIII of
    division A of Public Law 107-314; 116 Stat. 2458) that a waiver of the
    requirements of sec. 1203(d) of the Cooperative Threat Reduction Act of
    2003 (22 U.S.C. 5952(d)) and sec. 502 of this Act with regard to the
    Russian Federation for fiscal years 2003, 2004, and 2005 was justified.
    In memoranda dated December 30, 2003 (69 F.R. 2479; January 16, 2004),
    and December 14, 2004 (70 F.R. 1; January 3, 2005), for the Secretary
    of State, the President made the same certification with regard to the
    Republic of Uzbekistan for fiscal years 2004 and 2005.
        \4\ 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 Support 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 Public Law 102-484, and in secs. 503 and 508 of the FREEDOM Support
    Act to the Secretary of Defense. That memorandum further provided 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 performed 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 Director 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(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.''. (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 that independent state 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; and
              (4) facilitating United States verification of any
            weapons destruction carried out under section 503(a) or
            504(a) of this Act or section 212 of the Soviet Nuclear
            Threat Reduction Act of 1991 (title II of Public Law
            102-228; 22 U.S.C. 2551 note).

    SEC. 503.\5\ NONPROLIFERATION AND DISARMAMENT ACTIVITIES IN THE
                        INDEPENDENT STATES.

        (a) Authorization.--The President is authorized \4\ to
    promote bilateral and multilateral nonproliferation and
    disarmament activities--
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 5853.
    ---------------------------------------------------------------------------
              (1) by supporting the dismantlement and destruction
            of nuclear, biological, and chemical weapons, their
            delivery systems, and conventional weapons of the
            independent states of the former Soviet Union;
              (2) by supporting bilateral and multilateral efforts
            to halt the proliferation of nuclear, biological, and
            chemical weapons, their delivery systems, related
            technologies, and other weapons of the independent
            states, including activities such as--
                      (A) the storage, transportation, and
                    safeguarding of such weapons, and
                      (B) the purchase, barter, or other
                    acquisition of such weapons or materials
                    derived from such weapons;
              (3) by establishing programs for safeguarding against
            the proliferation of nuclear, biological, chemical, and
            other weapons of the independent states;
              (4) by establishing programs for preventing diversion
            of weapons-related scientific and technical expertise
            of the independent states to terrorist groups or to
            third countries;
              (5) \6\ by establishing science and technology
            centers in the independent states for the purpose of
            engaging weapons scientists and engineers of the
            independent states (in particular those who were
            previously involved in the design and production of
            nuclear, biological, and chemical weapons) in
            productive, nonmilitary undertakings; and
    ---------------------------------------------------------------------------
        \6\ Sec. 1138 of the Arms Control and Nonproliferation Act of 1999
    (title XI of division B of appendix G of Public Law 106-113; 113 Stat.
    1501A-496) provided as follows:
        ``(a) Authorization.--For fiscal year 2001 and subsequent fiscal
    years, funds made available under `Nonproliferation, Antiterrorism,
    Demining, and Related Programs' accounts in annual foreign operations
    appropriations Acts are authorized to be available for science and
    technology centers in the independent states of the former Soviet Union
    assisted under section 503(a)(5) of the FREEDOM Support Act (22 U.S.C.
    5853(a)(5)) or section 1412(b)(5) of the Former Soviet Union
    Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22
    U.S.C. 5901 et seq.), including the use of those and other funds by any
    Federal agency having expertise and programs related to the activities
    carried out by those centers, including the Departments of Agriculture,
    Commerce, and Health and Human Services and the Environmental
    Protection Agency.
        ``(b) Availability of Funds.--Amounts made available under any
    provision of law for the activities described in subsection (a) shall
    be available until expended and may be used notwithstanding any other
    provision of law.''
        Sec. 1139 of the Arms Control and Nonproliferation Act of 1999
    further provided as follows:
        ``(a) In General.--Support for science and technology centers in
    the independent states of the former Soviet Union, as authorized by
    section 503(a)(5) of the FREEDOM Support Act (22 U.S.C. 5853(a)(5)) and
    section 1412(b) of the Former Soviet Union Demilitarization Act of 1992
    (title XIV of Public Law 102-484, 22 U.S.C. 5901 et seq.), is
    authorized for activities described in subsection (b) to support the
    redirection of former Soviet weapons scientists, especially those with
    expertise in weapons of mass destruction (nuclear, radiological,
    chemical, biological), missile and other delivery systems, and other
    advanced technologies with military applications.
        ``(b) Activities Supported.--Activities supported under
    subsection(a) include--
    ---------------------------------------------------------------------------

      ``(1) any research activity involving the participation of former Soviet
    weapons scientists and civilian scientists and engineers, if the
    participation of the weapons scientists predominates; and

      ``(2) any program of international exchanges that would provide former
    Soviet weapons scientists exposure to, and the opportunity to develop
    relations with, research and industry partners.''.

              (6) by establishing programs for facilitating the
            conversion of military technologies and capabilities
            and defense industries of the former Soviet Union into
            civilian activities.
        (b) Funding Priorities.--Priority in carrying out this
    section shall be given to the activities described in
    paragraphs (1) through (5) of subsection (a).
        (c) Use of Defense Funds.--
              (1) Authorization.--In recognition of the direct
            contributions to the national security interests of the
            United States of the programs and activities authorized
            by subsection (a), the President is authorized to make
            available for use in carrying out those programs and
            activities, in addition to amounts otherwise available
            for such purposes, funds made available pursuant to
            sections 108 and 109 of Public Law 102-229 or under the
            amendments made by section 506(a) of this Act.
              (2) Limitation.--Funds described in paragraph (1) may
            not be obligated for programs and activities under
            subsection (a) unless the Director 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 the
            discretionary spending limits for that fiscal year (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.

    SEC. 504.\7\ NONPROLIFERATION AND DISARMAMENT FUND.

        (a) Authorization.--The President is authorized to promote
    bilateral and multilateral nonproliferation and disarmament
    activities--
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 5854.
    ---------------------------------------------------------------------------
              (1) by supporting the dismantlement and destruction
            of nuclear, biological, and chemical weapons, their
            delivery systems, and conventional weapons;
              (2) by supporting bilateral and multilateral efforts
            to halt the proliferation of nuclear, biological, and
            chemical weapons, their delivery systems, related
            technologies, and other weapons, including activities
            such as--
                      (A) the storage, transportation, and
                    safeguarding of such weapons, and
                      (B) the purchase, barter, or other
                    acquisition of such weapons or materials
                    derived from such weapons;
              (3) by establishing programs for safeguarding against
            the proliferation of nuclear, biological, chemical, and
            other weapons of the independent states of the former
            Soviet Union;
              (4) by establishing programs for preventing diversion
            of weapons-related scientific and technical expertise
            of the independent states to terrorist groups or to
            third countries;
              (5) by establishing science and technology centers in
            the independent states for the purpose of engaging
            weapons scientists and engineers of the independent
            states (in particular those who were previously
            involved in the design and production of nuclear,
            biological, and chemical weapons) in productive,
            nonmilitary undertakings; and
              (6) by establishing programs for facilitating the
            conversion of military technologies and capabilities
            and defense industries of the former Soviet Union into
            civilian activities.
        (b) Funding Priorities.--Priority in carrying out this
    section shall be given to the activities described in
    paragraphs (1) through (5) of subsection (a).
        (c) Use of Security Assistance Funds.--
              (1) Authorization.--In recognition of the direct
            contributions to the national security interests of the
            United States of the programs and activities authorized
            by subsection (a), the President is authorized to make
            available for use in carrying out those programs and
            activities, in addition to amounts otherwise available
            for such purposes, up to $100,000,000 of security
            assistance funds for fiscal year 1993.
              (2) Definition.--As used in paragraph (1), the term
            ``security assistance funds'' means funds made
            available for assistance under chapter 4 of part II of
            the Foreign Assistance Act of 1961 (relating to the
            Economic Support Fund) or assistance under section 23
            of the Arms Export Control Act (relating to the
            ``Foreign Military Financing Program'').
              (3) Exemption from certain restrictions.--Section
            531(e) of the Foreign Assistance Act of 1961, and any
            provision that corresponds to section 510 of the
            Foreign Operations, Export Financing, and Related
            Programs Appropriations Act, 1991 (relating to the
            prohibition on financing exports of nuclear equipment,
            fuel, and technology), shall not apply with respect to
            funds used pursuant to this subsection.

    SEC. 505.\8\ LIMITATIONS ON DEFENSE CONVERSION AUTHORITIES.

        Notwithstanding any other provision of law (including any
    other provision of this Act), funds may not be obligated in any
    fiscal year for purposes of facilitating the conversion of
    military technologies and capabilities and defense industries
    of the former Soviet Union into civilian activities, as
    authorized by sections 503(a)(6) and 504(a)(6) or any other
    provision of law, unless the President has previously obligated
    in the same fiscal year an amount equal to or greater than that
    amount of funds for defense conversion and defense transition
    activities in the United States. For purposes of this section,
    the term ``defense conversion and defense transition activities
    in the United States'' means those United States Government
    funded programs whose primary purpose is to assist United
    States private sector defense workers, United States companies
    that manufacture or otherwise provide defense goods or
    services, or United States communities adversely affected by
    reductions in United States defense spending, such as programs
    funded through the Office of Economic Adjustment in the
    Department of Defense or through \9\ the Economic Development
    Administration.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 5855.
        \9\ Sec. 405(d)(20) of sec. 101(f) of Public Law 105-277 (112 Stat.
    2681-422) struck out ``, through the Defense Conversion Adjustment
    Program (as authorized by the Job Training Partnership Act), or
    through'' and inserted in lieu thereof ``or through''.
    ---------------------------------------------------------------------------

    SEC. 506.\10\ SOVIET WEAPONS DESTRUCTION.

        (a) \11\ Additional Funding.--
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 5856.
        \11\ Sec. 1421 of the National Defense Authorization Act for Fiscal
    Year 1993 (Public Law 102-484; 106 Stat. 2565) made amendments
    identical to those in subsecs. (a) and (b).
    ---------------------------------------------------------------------------
              (1) Authorization amount.--Section 221(a) of the
            Soviet Nuclear Threat Reduction Act of 1991 (title II
            of Public Law 102-228; 22 U.S.C. 2551 note) is amended
            by striking out ``$400,000,000'' and inserting in lieu
            thereof ``$800,000,000''.
              (2) Authorization period.--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) \11\ 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 out ``of H.R. 3807''.
        (c) Avoidance of Duplicative Amendments.--The amendments
    made by this section shall not be effective if the National
    Defense Authorization Act for Fiscal Year 1993 enacts an
    amendment to section 221(a) of the Soviet Nuclear Threat
    Reduction Act of 1991 that authorizes the transfer of an amount
    that is the same or greater than the amount that is authorized
    by the amendment made by subsection (a)(1) of this section and
    enacts amendments identical to those in subsections (a)(2) and
    (b) of this section.\11\ If that Act enacts such amendments,
    sections 503 and 508 of this Act shall be deemed to apply with
    respect to the funds made available under such amendments.

    SEC. 507.\12\ WAIVER OF CERTAIN PROVISIONS.

        (a) In General.--Funds made available for fiscal year 1993
    under sections 503 and 504 to provide assistance or otherwise
    carry out programs and activities with respect to the
    independent states of the former Soviet Union under those
    sections may be used notwithstanding any other provision of
    law, other than the provisions cited in subsection (b).
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 5857.
    ---------------------------------------------------------------------------
        (b) Exceptions.--Subsection (a) does not apply with respect
    to--
              (1) this title; and
              (2) section 1341 of title 31, United States Code
            (commonly referred to as the ``Anti-Deficiency Act''),
            the Congressional Budget and Impoundment Control Act of
            1974, the Balanced Budget and Emergency Deficit Control
            Act of 1985, and the Budget Enforcement Act of
            1990.\13\
    ---------------------------------------------------------------------------
        \13\ Public Law 97-258 (96 Stat. 877 at 923), Public Law 93-344 (88
    Stat. 297), Public Law 99-177 (99 Stat. 1037), and title XIII of Public
    Law 101-508 (104 Stat. 1388-573), respectively.
    ---------------------------------------------------------------------------

    SEC. 508.\14\ NOTICE AND REPORTS TO CONGRESS.

        (a) Notice of Proposed Obligations.--Not less than 15 days
    before obligating any funds under section 503 or 504 or the
    amendments made by section 506(a), the President shall transmit
    to the Speaker of the House of Representatives, the President
    Pro Tempore of the Senate, and the appropriate congressional
    committees a report on the proposed obligation. Each such
    report shall specify-- \4\
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 5858.
    ---------------------------------------------------------------------------
              (1) the 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 obligations; and
              (2) the activities and forms of assistance for which
            the President plans to obligate such funds.
        (b) Semiannual Report.--Not later than April 30, 1993, and
    not later than October 30, 1993, the President shall transmit
    to the Speaker of the House of Representatives, the President
    Pro Tempore of the Senate, and the appropriate congressional
    committees a report on the activities carried out under
    sections 503 and 504 and the amendments made by section 506(a).
    Each such report shall set forth, for the preceding 6-month
    period and cumulatively, the following:
              (1) The amounts expended for such activities and the
            purposes for which they were expended.
              (2) The source of the funds obligated for such
            activities, specified by program.
              (3) A description of the participation of all United
            States Government departments and agencies in such
            activities.
              (4) A description of the activities carried out and
            the forms of assistance provided.
              (5) Such other information as the President considers
            appropriate to fully inform the Congress concerning the
            operation of the programs and activities carried out
            under sections 503 and 504 and the amendments made by
            section 506(a).
        (c) Appropriate Congressional Committees.--As used in this
    section--
              (1) the term ``appropriate congressional committees''
            means--
                      (A) the Committee on Foreign Relations of the
                    Senate, the Committee on Foreign Affairs \15\
                    of the House of Representatives, and the
                    Committees on Appropriations of the House and
                    the Senate, wherever the account, budget
                    activity, or program is funded from
                    appropriations made under the international
                    affairs budget function (150);
    ---------------------------------------------------------------------------
        \15\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
                      (B) the Committees on Armed Services \16\ and
                    the Committees on Appropriations of the Senate
                    and the House of Representatives, wherever the
                    account, budget activity, or program is funded
                    from appropriations made under the national
                    defense budget function (050); and
    ---------------------------------------------------------------------------
        \16\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives.
    ---------------------------------------------------------------------------
              (2) the committee to which the specified activities
            of section 503(a) or 504(a) or subtitle B of the Soviet
            Nuclear Threat Reduction Act of 1991 (as the case may
            be), if the subject of separate legislation, would be
            referred, under the rules of the respective House of
            Congress.

    SEC. 509.\17\ INTERNATIONAL NONPROLIFERATION INITIATIVE.

        (a) Assistance for International Nonproliferation
    Activities.--Subject to the limitations and requirements
    provided in this section, during fiscal year 1993 the Secretary
    of Defense, under the guidance of the President, may provide
    assistance to support international nonproliferation
    activities.
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 5859.
    ---------------------------------------------------------------------------
        (b) Activities For Which Assistance May Be Provided \18\.--
    Activities for which assistance may be provided under this
    section are activities such as the following:
    ---------------------------------------------------------------------------
        \18\ Catchline transcribed with capitalization as enrolled.
    ---------------------------------------------------------------------------
              (1) Activities carried out by the International
            Atomic Energy Agency (IAEA) that are designed to ensure
            more effective safeguards against nuclear proliferation
            and more aggressive verification of compliance with the
            Treaty on the Non-Proliferation of Nuclear Weapons,
            done on July 1, 1968.
              (2) Activities of the On-Site Inspection Agency in
            support of the United Nations Special Commission on
            Iraq.
              (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.
              (4) Efforts to improve international cooperative
            monitoring of nuclear proliferation through joint
            technical projects and improved intelligence sharing.
        (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 Budget 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) Sources of Assistance.--(1) Funds provided as
    assistance under this section shall be derived from amounts
    made available to the Department of Defense for fiscal year
    1993 or from balances in working capital accounts of the
    Department of Defense.
        (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) The total amount of the assistance provided in the form
    of funds under this section may not exceed $40,000,000. 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 Special Commission on Iraq.
        (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 (e)(2) a report on the proposed obligation. Each
    such report shall specify--
              (A) the 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
              (B) the activities and forms of assistance for which
            the Secretary of Defense plans to obligate the funds.
        (e) Quarterly Report.--(1) Not later than 30 days after the
    end of each quarter of fiscal year 1993, 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) and under subsection (d)(2) 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
            Representatives.\19\
    ---------------------------------------------------------------------------
        \19\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(4) of that
    Act provided that references to the Committee on Energy and Commerce
    shall be treated as referring to the Committee on Commerce. Sec.
    1(c)(1) of that Act (110 Stat. 187) further provided that any reference
    to the House Committee on Energy and Commerce shall be treated as
    referring to (1) the Committee on Agriculture in the case of a
    provision relating to inspection of seafood or seafood products; (2)
    the Committee on Banking and Financial Services in the case of a
    provision relating to bank capital markets activities or depository
    institution securities; or (3) the Committee on Transportation and
    Infrastructure in the case of a provision relating to railroads and
    railway labor issues. Finally, sec. 1(a)(5) of that Act (109 Stat. 186)
    provided that references to the Committee on Foreign Affairs shall be
    treated as referring to the Committee on International Relations.
    ---------------------------------------------------------------------------
        (f) Avoidance of Duplicative Authorizations.--This section
    shall not apply if the National Defense Authorization Act for
    Fiscal Year 1993 enacts the same authorities and requirements
    as are contained in this section and authorizes the
    appropriation of the same (or a greater) amount to carry out
    such authorities.

    SEC. 510.\20\ REPORT ON SPECIAL NUCLEAR MATERIALS.

        Not later than 180 days after the date of enactment of this
    Act, the Secretary of State shall prepare, in consultation with
    the Secretary of Defense and the Secretary of Energy, and shall
    transmit to the Congress a report on the possible alternatives
    for the ultimate disposition of special nuclear materials of
    the former Soviet Union. This report shall include--
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 5860.
    ---------------------------------------------------------------------------
              (1) a cost-benefit analysis comparing (A) the
            relative merits of the indefinite storage and
            safeguarding of such materials in the independent
            states of the former Soviet Union and (B) its
            acquisition by the United States by purchase, barter,
            or other means;
              (2) a discussion of relevant issues such as the
            protection of United States uranium producers from
            dumping, the relative vulnerability of these stocks of
            special nuclear materials to illegal proliferation, and
            the potential electrical and other savings associated
            with their being made available in the fuel cycle in
            the United States; and
              (3) a discussion of how highly enriched uranium
            stocks could be diluted for reactor fuel.

    SEC. 511.\21\ RESEARCH AND DEVELOPMENT FOUNDATION.

        (a) Establishment.--The Director of the National Science
    Foundation (hereinafter in this section referred to as the
    ``Director'') is authorized to establish an endowed,
    nongovernmental, nonprofit foundation (hereinafter in this
    section referred to as the ``Foundation'') in consultation with
    the Director of the National Institute of Standards and
    Technology.
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 5861.
    ---------------------------------------------------------------------------
        (b) Purposes.--The purposes of the Foundation shall be the
    following:
              (1) To provide productive research and development
            opportunities within the independent states of the
            former Soviet Union that offer scientists and engineers
            alternatives to emigration and help prevent the
            dissolution of the technological infrastructure of the
            independent states.
              (2) To advance defense conversion by funding civilian
            collaborative research and development projects between
            scientists and engineers in the United States and in
            the independent states of the former Soviet Union.
              (3) To assist in the establishment of a market
            economy in the independent states of the former Soviet
            Union by promoting, identifying, and partially funding
            joint research, development, and demonstration ventures
            between United States businesses and scientists,
            engineers, and entrepreneurs in those independent
            states.
              (4) To provide a mechanism for scientists, engineers,
            and entrepreneurs in the independent states of the
            former Soviet Union to develop an understanding of
            commercial business practices by establishing linkages
            to United States scientists, engineers, and businesses.
              (5) To provide access for United States businesses to
            sophisticated new technologies, talented researchers,
            and potential new markets within the independent states
            of the former Soviet Union.
        (c) Functions.--In carrying out its purposes, the
    Foundation shall--
              (1) promote and support joint research and
            development projects for peaceful purposes between
            scientists and engineers in the United States and
            independent states of the former Soviet Union on
            subjects of mutual interest; and'
              (2) seek to establish joint nondefense industrial
            research, development, and demonstration activities
            through private sector linkages which may involve
            participation by scientists and engineers in the
            university or academic sectors, and which shall include
            some contribution from industrial participants.
        (d) Funding.--
              (1) Use of certain department of defense funds.--(A)
            To the extent funds appropriated to carry out subtitle
            E of title XIV of the National Defense Authorization
            Act for Fiscal Year 1993 (relating to joint research
            and development programs with the independent states of
            the former Soviet Union) are otherwise available for
            such purpose, such funds may be made available to the
            Director for use by the Director in establishing the
            endowment of the Foundation and otherwise carrying out
            this section.
              (B) For each fiscal year after fiscal year 1993, not
            more than 50 percent of the funds made available to the
            Foundation by the United States Government may be funds
            appropriated in the national defense budget function
            (function 050).
              (2) Contribution to endowment by participating
            independent states.--As a condition of participation in
            the Foundation, an independent state of the former
            Soviet Union must make a minimum contribution to the
            endowment of the Foundation, as determined by the
            Director, which shall reflect the ability of the
            independent state to make a financial contribution and
            its expected level of participation in the Foundation's
            programs.
              (3) Debt conversions.--To the extent provided in
            advance by appropriations Acts, local currencies or
            other assets resulting from government-to-government
            debt conversions may be made available to the
            Foundation. For purposes of this paragraph, the term
            ``debt conversion'' means an agreement whereby a
            country's government-to-government or commercial
            external debt burden is exchanged by the holder for
            local currencies, policy commitments, other assets, or
            other economic activities, or for an equity interest in
            an enterprise theretofore owned by the debtor
            government.
              (4) Local currencies.--In addition to other uses
            provided by law, and subject to agreement with the
            foreign government, local currencies generated by
            United States assistance programs may be made available
            to the Foundation.
              (5) Investment of government assistance.--The
            Foundation may invest any revenue provided to it
            through United States Government assistance, and any
            interest earned on such investment may be used only for
            the purpose for which the assistance was provided.
              (6) Other funds from government and nongovernmental
            sources.--The Foundation may accept such other funds as
            may be provided to it by Government agencies or
            nongovernmental entities.
              * * * * * * *
              p. Former Soviet Union Demilitarization Act of 1992

    Partial text of Public Law 102-484 [National Defense Authorization Act
    for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, approved October 23,
    1992; as amended by Public Law 103-160 [National Defense Authorization
    Act for Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, approved November
     30, 1993; and Public Law 103-337 [National Defense Authorization Act
      for Fiscal Year 1995; S. 2182], 108 Stat. 2663, approved October 5,
                                      1994

              * * * * * * *

             TITLE XIV--DEMILITARIZATION OF THE FORMER SOVIET UNION

                            Subtitle A--Short Title

    SEC. 1401.\1\ SHORT TITLE.

        This title may be cited as the ``Former Soviet Union
    Demilitarization Act of 1992''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 5901 note.
    ---------------------------------------------------------------------------

                   Subtitle B--Findings and Program Authority

    SEC. 1411.\2\ DEMILITARIZATION OF THE INDEPENDENT STATES OF THE FORMER
                        SOVIET UNION.

        The Congress finds that it is in the national security
    interest of the United States--
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 5901.
    ---------------------------------------------------------------------------
              (1) to facilitate, on a priority basis--
                      (A) the transportation, storage,
                    safeguarding, and destruction of nuclear and
                    other weapons of the independent states of the
                    former Soviet Union, including the safe and
                    secure storage of fissile materials,
                    dismantlement of missiles and launchers, and
                    the elimination of chemical and biological
                    weapons capabilities;
                      (B) the prevention of proliferation of
                    weapons of mass destruction and their
                    components and destabilizing conventional
                    weapons of the independent states of the former
                    Soviet Union, and the establishment of
                    verifiable safeguards against the proliferation
                    of such weapons;
                      (C) the prevention of diversion of weapons-
                    related scientific expertise of the former
                    Soviet Union to terrorist groups or third
                    countries; and
                      (D) other efforts designed to reduce the
                    military threat from the former Soviet Union;
              (2) to support the demilitarization of the massive
            defense-related industry and equipment of the
            independent states of the former Soviet Union and
            conversion of such industry and equipment to civilian
            purposes and uses; and
              (3) to expand military-to-military contacts between
            the United States and the independent states of the
            former Soviet Union.

    SEC. 1412.\3\ AUTHORITY FOR PROGRAMS TO FACILITATE DEMILITARIZATION.

        (a) In General.--Notwithstanding any other provision of
    law, the President is authorized,\4\ 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.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 5902.
        \4\ In a memorandum of December 30, 1992, for the Secretaries of
    State and Defense and the Director of the Office of Management and
    Budget, the President delegated authority established in sec. 502 of
    the FREEDOM Support Act (Public Law 102-511; 106 Stat. 3338; 22 U.S.C.
    5852) and in sec. 1412(d) of this Act 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. The memorandum provided the following: ``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 performed the duty delegated * * * with
    respect to that former Soviet Republic. The Secretary of Defense shall
    not obligate funds in the exercise of authority delegated * * * unless
    the Director 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(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.'' (58 F.R.
    3193; January 8, 1993).
    ---------------------------------------------------------------------------
        (b) \5\ Types of Programs.--The programs referred to in
    subsection (a) are limited to--
    ---------------------------------------------------------------------------
        \5\ Sec. 1138 of the Arms Control and Nonproliferation Act of 1999
    (title XI of division B of appendix G of Public Law 106-113; 113 Stat.
    1501A-496) provided as follows:
        ``(a) Authorization.--For fiscal year 2001 and subsequent fiscal
    years, funds made available under `Nonproliferation, Antiterrorism,
    Demining, and Related Programs' accounts in annual foreign operations
    appropriations Acts are authorized to be available for science and
    technology centers in the independent states of the former Soviet Union
    assisted under section 503(a)(5) of the FREEDOM Support Act (22 U.S.C.
    5853(a)(5)) or section 1412(b)(5) of the Former Soviet Union
    Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22
    U.S.C. 5901 et seq.), including the use of those and other funds by any
    Federal agency having expertise and programs related to the activities
    carried out by those centers, including the Departments of Agriculture,
    Commerce, and Health and Human Services and the Environmental
    Protection Agency.
        ``(b) Availability of Funds.--Amounts made available under any
    provision of law for the activities described in subsection (a) shall
    be available until expended and may be used notwithstanding any other
    provision of law.''.
        Sec. 1139 of the Arms Control and Nonproliferation Act of 1999
    further provided as follows:
        ``(a) In General.--Support for science and technology centers in
    the independent states of the former Soviet Union, as authorized by
    section 503(a)(5) of the FREEDOM Support Act (22 U.S.C. 5853(a)(5)) and
    section 1412(b) of the Former Soviet Union Demilitarization Act of 1992
    (title XIV of Public Law 102-484, 22 U.S.C. 5901 et seq.), is
    authorized for activities described in subsection (b) to support the
    redirection of former Soviet weapons scientists, especially those with
    expertise in weapons of mass destruction (nuclear, radiological,
    chemical, biological), missile and other delivery systems, and other
    advanced technologies with military applications.
        ``(b) Activities Supported.--Activities supported under subsection
    (a) include--
    ---------------------------------------------------------------------------

      ``(1) any research activity involving the participation of former Soviet
    weapons scientists and civilian scientists and engineers, if the
    participation of the weapons scientists predominates; and

      ``(2) any program of international exchanges that would provide former
    Soviet weapons scientists exposure to, and the opportunity to develop
    relations with, research and industry partners.''.

              (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) \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,
            nonmilitary 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) \6\ 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--
    ---------------------------------------------------------------------------
        \6\ Sec. 1310 of Public Law 106-65 (113 Stat. 795) provided the
    following:
    ---------------------------------------------------------------------------

    ``sec. 1310. limitation on use of funds until submission of certification.
    ---------------------------------------------------------------------------

        ``No funds appropriated for fiscal year 1999 for Cooperative Threat
    Reduction programs and remaining available for obligation or
    expenditure may be obligated or expended for assistance for any country
    under a Cooperative Threat Reduction Program until the President
    resubmits to Congress an updated certification under section 1203(d) of
    the Cooperative Threat Reduction Act of 1993 (title XII of Public Law
    103-160; 22 U.S.C. 5952(d)), section 1412(d) of the Former Soviet Union
    Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22
    U.S.C. 5902(d)), and section 502 of the Freedom for Russia and Emerging
    Eurasian Democracies and Open Markets Support Act of 1992 (Public Law
    102-511; 22 U.S.C. 5852).''.
    ---------------------------------------------------------------------------
              (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.\7\ 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 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--
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 5911. 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 102-229
    (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

      ``(7) 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 effect 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.
        ``(f) The transfer authority provided in this section shall be in
    addition to any other transfer authority contained in this Act.''.
    ---------------------------------------------------------------------------
              (A) not more than $40,000,000 may be made available
            for programs referred to in section 1412(b)(4) relating
            to demilitarization 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 military-to-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
              (F) 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-- * * * \8\
    ---------------------------------------------------------------------------
        \8\ For text, see page 150 of this volume.
    ---------------------------------------------------------------------------
        (b) Technical Revisions to Public Law 102-229.--Public Law
    102-229 is amended-- * * * \9\
    ---------------------------------------------------------------------------
        \9\ For text, see page 156 of this volume.
    ---------------------------------------------------------------------------
              * * * * * * *
       q. Conventional Forces in Europe Treaty Implementation Act of 1991

        Partial text of Public Law 102-228 [H.R. 3807], 105 Stat. 1691,
    approved December 12, 1991; as amended by Public Law 102-484 [National
     Defense Authorization Act for Fiscal Year 1993, H.R. 5006], 106 Stat.
     2315, approved October 23, 1992; Public Law 102-511 [FREEDOM Support
     Act, S. 2532], 106 Stat. 3320, approved October 24, 1992; Public Law
      103-236 [Foreign Relations Authorization Act, Fiscal Years 1994 and
     1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994; and Public
     Law 104-106 [National Defense Authorization Act for Fiscal Year 1996;
              S. 1124], 110 Stat. 186, approved February 10, 1996

    AN ACT To amend the Arms Export Control Act to authorize the President
    to transfer battle tanks, artillery pieces, and armored combat vehicles
       to member countries of the North Atlantic Treaty Organization in
      conjunction with implementation of the Treaty on Conventional Armed
                               Forces in Europe.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Conventional Forces in
    Europe Treaty Implementation Act of 1991''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2751 note.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ AUTHORITY TO TRANSFER CERTAIN CFE TREATY-LIMITED EQUIPMENT
                        TO NATO MEMBERS.

        The Arms Export Control Act is amended by adding at the end
    the following: * * *
    ---------------------------------------------------------------------------
        \2\ Sec. 2 added a new chapter 9 to the Arms Export Control Act (22
    U.S.C. 2799). See Legislation on Foreign Relations Through 2005, vol.
    I-A.
    ---------------------------------------------------------------------------

                      TITLE II--SOVIET WEAPONS DESTRUCTION

                              Part A--Short Title

    SEC. 201.\3\ SHORT TITLE.

        This title may be cited as the ``Soviet Nuclear Threat
    Reduction Act of 1991''.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2551 note.
    ---------------------------------------------------------------------------

                     Part B--Findings and Program Authority

    SEC. 211.\3\ NATIONAL DEFENSE AND SOVIET WEAPONS DESTRUCTION.

        (a) Findings.--The Congress finds--
              (1) that Soviet President Gorbachev has requested
            Western help in dismantling nuclear weapons, and
            President Bush has proposed United States cooperation
            on the storage, transportation, dismantling, and
            destruction of Soviet nuclear weapons;
              (2) that the profound changes underway in the Soviet
            Union pose three types of danger to nuclear safety and
            stability, as follows: (A) ultimate disposition of
            nuclear weapons among the Soviet Union, its republics,
            and any successor entities that is not conducive to
            weapons safety or to international stability; (B)
            seizure, theft, sale, or use of nuclear weapons or
            components; and (C) transfers of weapons, weapons
            components, or weapons know-how outside of the
            territory of the Soviet Union, its republics, and any
            successor entities, that contribute to worldwide
            proliferation; and
              (3) that it is in the national security interests of
            the United States (A) to facilitate on a priority basis
            the transportation, storage, safeguarding, and
            destruction of nuclear and other weapons in the Soviet
            Union, its republics, and any successor entities, and
            (B) to assist in the prevention of weapons
            proliferation.
        (b) \4\ Exclusions.--United States assistance in destroying
    nuclear and other weapons under this title may not be provided
    to the Soviet Union, any of its republics, or any successor
    entity unless the President certifies to the Congress that the
    proposed recipient is committed to--
    ---------------------------------------------------------------------------
        \4\ In State Department Public Notice 1603 of April 3, 1992 (57
    F.R. 13152; April 15, 1992), the Secretary of State delegated ``to the
    Deputy Secretary of State in his capacity as the Coordinator for U.S.
    Assistance to the new Independent States the functions vested in the
    President under section 211(b) of H.R. 3807, as passed by the Senate on
    November 25, 1991, and referred to in section 108 of the Dire Emergency
    Supplemental Appropriations * * * (Pub. L. 102-229).''.
        This authority was delegated earlier to the Secretary of State by
    the President in a Memorandum of March 20, 1992 (57 F.R. 11554; April
    6, 1992).
        Sec. 108 of Public Law 102-229 was subsequently amended to refer to
    Public Law 102-228.
    ---------------------------------------------------------------------------
              (1) making a substantial investment of its resources
            for dismantling or destroying 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 of fissionable and other
            components of destroyed nuclear weapons in new nuclear
            weapons;
              (4) facilitating United States verification of
            weapons destruction carried out under section 212;
              (5) complying with all relevant arms control
            agreements; and
              (6) observing internationally recognized human
            rights, including the protection of minorities.
        (c) \5\ As part of a transmission to Congress under
    subsection (b) of a certification that a proposed recipient of
    United States assistance under this title is committed to
    carrying out the matters specified in each of paragraphs (1)
    through (6) of that subsection, the President shall include a
    statement setting forth, in unclassified form (together with a
    classified annex if necessary), the determination of the
    President, with respect to each such paragraph, as to whether
    that proposed recipient is at that time in fact carrying out
    the matter specified in that paragraph.
    ---------------------------------------------------------------------------
        \5\ Sec. 1204 of Public Law 104-106 (110 Stat. 470) added subsec.
    (c).
    ---------------------------------------------------------------------------

    SEC. 212.\3\,}\6\ AUTHORITY FOR PROGRAM TO FACILITATE SOVIET
                        WEAPONS DESTRUCTION.

        (a) In General.--Notwithstanding any other provision of
    law, the President, consistent with the findings stated in
    section 211, may establish a program as authorized in
    subsection (b) to assist Soviet weapons destruction. Funds for
    carrying out this program shall be provided as specified in
    part C.
    ---------------------------------------------------------------------------
        \6\ In a memorandum for the Secretary of State, the Secretary of
    Defense and the Director of the Office of Management and Budget, the
    President delegated ``to the Secretary of Defense the authorities and
    duties vested in the President under sections 212, 221, 231, and 232 of
    H.R. 3807 as passed the Senate on November 25, 1991, and referred to in
    section 108 of the Act.''.
        The memorandum further provided that the Secretary of Defense shall
    not exercise such authority until the Secretary of State first
    exercises the authority delegated to him in section 211(b).
    Furthermore, any obligation of funds on the part of the Secretary of
    Defense shall require a determination by the Director of OMB, in
    accordance with sec. 221(e) of H.R. 3807, as passed by the Senate on
    November 25, 1991, and referred to in sec. 108 of Public Law 102-229.
        Subsequent to these delegations, sec. 1421(b)(1) of the National
    Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106
    Stat. 2565) amended sec. 108 of Public Law 102-229 to refer, instead,
    to Public Law 102-228.
    ---------------------------------------------------------------------------
        (b) Type of Program.--The program under this section shall
    be limited to cooperation among the United States, the Soviet
    Union, its republics, and any successor entities to (1) destroy
    nuclear weapons, chemical weapons, and other weapons, (2)
    transport, store, disable, and safeguard weapons in connection
    with their destruction, and (3) establish verifiable safeguards
    against the proliferation of such weapons. Such cooperation may
    involve assistance in planning and in resolving technical
    problems associated with weapons destruction and proliferation.
    Such cooperation may also involve the funding of critical
    short-term requirements related to weapons destruction and
    should, to the extent feasible, draw upon United States
    technology and United States technicians.

                 Part C--Administrative and Funding Authorities

    SEC. 221.\3\,}\6\ ADMINISTRATION OF NUCLEAR THREAT REDUCTION
                        PROGRAMS.

        (a) Funding.--
              (1) Transfer authority.--The President may, to the
            extent provided in an appropriations Act or joint
            resolution, transfer to the appropriate defense
            accounts from amounts appropriated to the Department of
            Defense for fiscal years 1992 and 1993 \7\ for
            operation and maintenance or from balances in working
            capital accounts established under section 2208 of
            title 10, United States Code, not to exceed
            $800,000,000 \8\ for use in reducing the Soviet
            military threat under part B.
    ---------------------------------------------------------------------------
        \7\ Sec. 1421(a)(2)(A) of the National Defense Authorization Act
    for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), struck out
    ``fiscal year 1992'' and inserted in lieu thereof ``fiscal years 1992
    and 1993''.
        \8\ Sec. 1421(a)(2)(B) of the National Defense Authorization Act
    for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), struck out
    ``$400,000,000'' and inserted in lieu thereof ``$800,000,000''. Sec.
    506 of the FREEDOM Support Act (Public Law 102-511; 106 Stat. 3341)
    made duplicate amendments. Sec. 506(c) of that Act, however, provided:
        ``(c) Avoidance of Duplicative Amendments.--The amendments made by
    this section shall not be effective if the National Defense
    Authorization Act for Fiscal Year 1993 enacts an amendment to section
    221(a) of the Soviet Nuclear Threat Reduction Act of 1991 that
    authorizes the transfer of an amount that is the same or greater than
    the amount that is authorized by the amendment made by subsection
    (a)(1) of this section and enacts amendments identical to those in
    subsections (a)(2) and (b) of this section [subsec. (b) amended Public
    Law 102-229]. If that Act enacts such amendments, sections 503 and 508
    of this act shall be deemed to apply with respect to the funds made
    available under such amendments.''.
    ---------------------------------------------------------------------------
              (2) Limitation.--Amounts for transfers under
            paragraph (1) may not be derived from amounts
            appropriated for any activity of the Department of
            Defense that the Secretary of Defense determines
            essential for the readiness of the Armed Forces,
            including amounts for--
                      (A) training activities; and
                      (B) depot maintenance activities.
        (b) Department of Defense.--The Department of Defense shall
    serve as the executive agent for any program established under
    part B.
        (c) Reimbursement of Other Agencies.--The Secretary of
    Defense may reimburse other United States Government
    departments and agencies under this section for costs of
    participation, as directed by the President,\9\ only in a
    program established under part B.
    ---------------------------------------------------------------------------
        \9\ In a memorandum of May 10, 1996, for the Secretaries of State
    and Defense, the President delegated this authority to the Secretary of
    State (61 F.R. 26033; May 23, 1996).
    ---------------------------------------------------------------------------
        (d) Charges Against Funds.--The value of any material from
    existing stocks and inventories of the Department of Defense,
    or any other United States Government department or agency,
    that is used in providing assistance under part B to reduce the
    Soviet military threat may not be charged against funds
    available pursuant to subsection (a) to the extent that the
    material contributed is directed by the President to be
    contributed without subsequent replacement.
        (e) \6\ Determination by Director of OMB.--No amount may be
    obligated for the program under part B for fiscal year 1992 or
    fiscal year 1993 \8\, \10\ unless expenditures for
    that program for that fiscal year \8\, \11\ have
    been determined by the Director of the Office of Management and
    Budget to be counted against the defense category of the
    discretionary spending limits for that fiscal year
    \8\, \12\ (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.
    ---------------------------------------------------------------------------
        \10\ Sec. 1421(a)(3)(A) of the National Defense Authorization Act
    for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), inserted
    ``for fiscal year 1992 or fiscal year 1993'' after ``under part B''.
        \11\ Sec. 1421(a)(3)(B) of the National Defense Authorization Act
    for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), inserted
    ``for that fiscal year'' after ``for that program''.
        \12\ Sec. 1421(a)(3)(C) of the National Defense Authorization Act
    for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), struck out
    ``for fiscal year 1992'' and inserted in lieu thereof ``for that fiscal
    year''.
    ---------------------------------------------------------------------------

    SEC. 222.\3\ REPAYMENT ARRANGEMENTS.

        (a) Reimbursement Arrangements.--Assistance provided under
    part B to the Soviet Union, any of its republics, or any
    successor entity shall be conditioned, to the extent that the
    President determines to be appropriate after consultation with
    the recipient government, upon the agreement of the recipient
    government to reimburse the United States Government for the
    cost of such assistance from natural resources or other
    materials available to the recipient government.
        (b) Natural Resources, Etc.--The President shall encourage
    the satisfaction of such reimbursement arrangements through the
    provision of natural resources, such as oil and petroleum
    products and critical and strategic materials, and industrial
    goods. Materials received by the United States Government
    pursuant to this section that are suitable for inclusion in the
    Strategic Petroleum Reserve or the National Defense Stockpile
    may be deposited in the reserve or stockpile without
    reimbursement. Other material and services received may be sold
    or traded on the domestic or international market with the
    proceeds to be deposited in the General Fund of the Treasury.

    SEC. 223.\3\ DIRE EMERGENCY SUPPLEMENTAL APPROPRIATIONS.

        It is the sense of the Senate that the committee of
    conference on House Joint Resolution 157 \13\ should consider
    providing the necessary authority in the conference agreement
    for the President to transfer funds pursuant to this title.
    ---------------------------------------------------------------------------
        \13\ See sec. 108 of H.J. Res. 157 (Public Law 102-229), page 157
    of this volume.
    ---------------------------------------------------------------------------

                         Part D--Reporting Requirements

    SEC. 231.\3\,}\6\ PRIOR NOTICE OF OBLIGATIONS TO CONGRESS.

        Not less than 15 days before obligating any funds for a
    program under part B, the President shall transmit to the
    Congress a report on the proposed obligation. Each such report
    shall specify--
              (1) the 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
              (2) the activities and forms of assistance under part
            B for which the President plans to obligate such funds.

    SEC. 232.\14\ * * * [REPEALED--1994]
    ---------------------------------------------------------------------------

        \14\ Sec. 139(17) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 398),
    repealed sec. 232, which had required that the President report
    quarterly on certain activities to reduce the Soviet military threat.
    ---------------------------------------------------------------------------

                 TITLE III--EMERGENCY AIRLIFT AND OTHER SUPPORT

    SEC. 301.\15\ AUTHORITY TO TRANSFER CERTAIN FUNDS TO PROVIDE EMERGENCY
                        AIRLIFT AND OTHER SUPPORT.

        (a) Findings.--The Congress finds--
    ---------------------------------------------------------------------------
        \15\ In a memorandum dated January 21, 1992, for the Secretary of
    Defense (57 F.R. 3111; January 28, 1992), the President, to meet
    requirements on funds appropriated by sec. 109 of Public Law 102-229,
    relating to the ``transport by military or commercial means, food,
    medical supplies, and other types of humanitarian assistance to the
    Soviet Union, or its Republics, or localities therein--with the consent
    of the relevant Republic government or its independent successor--in
    order to address emergency conditions which may arise therein, and for
    the purposes set forth in section 301 of H.R. 3807 * * * '', designated
    such funds ``as emergency requirements, pursuant to the terms of the
    Balanced Budget and Emergency Deficit Control Act of 1985, as amended *
    * * ''. The President further directed the Secretary of Defense to make
    certain transfers, and delegated certain authorities and duties to the
    Secretary as defined in sec. 301 of H.R. 3807 as passed by the Senate
    on November 25, 1991.
        Congress enacted H.R. 3807 as Public Law 102-228 (105 Stat. 1691)
    on December 12, 1991. Sec. 1421(b) of the National Defense
    Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
    2565) and sec. 506(b) of the FREEDOM Support Act (Public Law 102-511;
    106 Stat. 3341) amended references in the corresponding appropriations
    act, the Dire Emergency Supplemental Appropriations and Transfers for
    Relief From the Effect of Natural Disasters, for Other Urgent Needs,
    and for Incremental Cost of ``Operation Desert Shield/Desert Storm''
    Act of 1992 (Public Law 102-229; 105 Stat. 1701), to H.R. 3807, as
    passed by the Senate on November 25, 1991, to refer instead to the
    enacted authorization in Public Law 102-228.
    ---------------------------------------------------------------------------
              (1) that political and economic conditions within the
            Soviet Union and its republics are unstable and are
            likely to remain so for the foreseeable future;
              (2) that these conditions could lead to the return of
            antidemocratic forces in the Soviet Union;
              (3) that one of the most effective means of
            preventing such a situation is likely to be the
            immediate provision of humanitarian assistance; and
              (4) that should this need arise, the United States
            should have funds readily available to provide for the
            transport of such assistance to the Soviet Union, its
            republics, and any successor entities.
        (b) Authority to Transfer Certain Funds.--
              (1) In general.--Notwithstanding any other provision
            of law, the Secretary of Defense, at the direction of
            the President, may during fiscal year 1992, to the
            extent provided in an appropriations Act or joint
            resolution, transfer to the appropriate defense
            accounts sufficient funds, not to exceed $100,000,000,
            from funds described in paragraph (3) in order to
            transport, by military or commercial means, food,
            medical supplies, and other types of humanitarian
            assistance to the Soviet Union, its republics, or any
            successor entities--with the consent of the relevant
            republic government or independent successor entity--in
            order to address emergency conditions which may arise
            in such republic or successor entity, as determined by
            the President. As used in this subsection, the term
            ``humanitarian assistance'' does not include
            construction equipment, including tractors, scrapers,
            loaders, graders, bulldozers, dumptrucks, generators,
            and compressors.
              (2) Reports by the secretary of state.--The Secretary
            of State shall promptly report to the President
            regarding any emergency conditions which may require
            such humanitarian assistance. The Secretary's report
            shall include an estimate of the extent of need for
            such assistance, discuss whether the consent of the
            relevant republic government or independent successor
            entity has been given for the delivery of such
            assistance, describe steps other nations and
            organizations are prepared to take in response to an
            emergency, and discuss the foreign policy implications,
            if any, of providing such assistance.
              (3) Source of funds.--Any funds which are transferred
            pursuant to this subsection shall be drawn from amounts
            appropriated to the Department of Defense for fiscal
            year 1992 or from balances in working capital accounts
            established under section 2208 of title 10, United
            States Code.
              (4) Emergency requirements.--The Congress designates
            all funds transferred pursuant to this section as
            ``emergency requirements'' for all purposes of the
            Balanced Budget and Emergency Deficit Control Act of
            1985. Notwithstanding any other provision of law, funds
            shall be available for transfer pursuant to this
            section only if, not later than the date of enactment
            of the appropriations Act or joint resolution that
            makes funds available for transfer pursuant to this
            section, the President, in a single designation,
            designates the entire amount of funds made available
            for such transfer by that appropriations Act or joint
            resolution to be ``emergency requirements'' for all
            purposes of the Balanced Budget and Emergency Deficit
            Control Act of 1985.
        (c) Repayment Arrangements.--
              (1) Reimbursement arrangements.--Assistance provided
            under subsection (b) to the Soviet Union, any of its
            republics, or any successor entity shall be
            conditioned, to the extent that the President
            determines to be appropriate after consultation with
            the recipient government, upon the agreement of the
            recipient government to reimburse the United States
            Government for the cost of such assistance from natural
            resources or other materials available to the recipient
            government.
              (2) Natural resources, etc.--The President shall
            encourage the satisfaction of such reimbursement
            arrangements through the provision of natural
            resources, such as oil and petroleum products and
            critical and strategic materials, and industrial goods.
            Materials received by the United States Government
            pursuant to this subsection that are suitable for
            inclusion in the Strategic Petroleum Reserve or the
            National Defense Stockpile may be deposited in the
            reserve or stockpile without reimbursement. Other
            material and services received may be sold or traded on
            the domestic or international market with the proceeds
            to be deposited in the General Fund of the Treasury.
        (d) Dire Emergency Supplemental Appropriations.--It is the
    sense of the Senate that the committee of conference on House
    Joint Resolution 157 should consider providing the necessary
    authority in the conference agreement for the Secretary of
    Defense to transfer funds pursuant to this title.

    SEC. 302. REPORTING REQUIREMENTS.

        (a) Prior Notice.--Before any funds are transferred for the
    purposes authorized in section 301(b), the President shall
    notify the Committees on Armed Services \16\ and the Committees
    on Appropriations of the Senate and the House of
    Representatives of the account, budget activity, and particular
    program or programs from which the transfer is planned to be
    made and the amount of the transfer.
    ---------------------------------------------------------------------------
        \16\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives.
    ---------------------------------------------------------------------------
        (b) Reports to the Congress.--Within ten days after
    directing the Secretary of Defense to transfer funds pursuant
    to section 301(b), the President shall provide a report to the
    Committees on Armed Services \16\ of the Senate and House of
    Representatives, the Committees on Appropriations of the Senate
    and House of Representatives, and the Committee on Foreign
    Relations of the Senate and the Committee on Foreign Affairs
    \17\ of the House of Representatives. This report shall at a
    minimum, set forth--
    ---------------------------------------------------------------------------
        \17\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs shall be treated as
    referring to the Committee on International Relations.
    ---------------------------------------------------------------------------
              (1) the amount of funds transferred under this title,
            including the source of such funds;
              (2) the conditions which prompted the use of this
            authority;
              (3) the form and number of lift assets planned to be
            used to deliver assistance pursuant to this title;
              (4) the types and purpose of the cargo planned to be
            delivered pursuant to this title; and
              (5) the locations, organizations, and political
            institutions to which assistance is planned to be
            delivered pursuant to this title.

                   TITLE IV--ARMS CONTROL AND DISARMAMENT ACT

    SEC. 401.\18\ ARMS CONTROL AND DISARMAMENT AGENCY.

        (a) Authorization of Appropriations.--Section 49(a) of the
    Arms Control and Disarmament Act (22 U.S.C. 2589(a)) is
    amended-- * * *
    ---------------------------------------------------------------------------
        \18\ Sec. 401(a) and (b) amended the Arms Control and Disarmament
    Act at sec. 41 (22 U.S.C. 2581) and sec. 49 (22 U.S.C. 2589(a)).
    Subsequently, sec. 1223(21) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-772) redesignated sec. 41 as sec. 401 (see page
    17 of this volume), and sec. 1222 of that Act repealed sec. 49, which
    pertained to specialists fluent in Russian or other languages of the
    independent states of the former Soviet Union.Sec. 139(18) of the
    Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
    Law 103-236; 108 Stat. 398) repealed sec. 401(c), which had required
    that the Inspector General of ACDA report to the President and to
    Congress on ACDA's fulfillment of primary functions described in sec. 2
    of the Arms Control and Disarmament Act.
    ---------------------------------------------------------------------------
        (b) Administrative Authorities Regarding Investigations.--
    Section 41 of that Act (22 U.S.C. 2581) is amended-- * * *
        (c) * * * [Repealed--1994]

    SEC. 402.\19\ ON-SITE INSPECTION AGENCY. * * *

    ---------------------------------------------------------------------------
        \19\ Sec. 402(a) amended secs. 61 and 64 of the Arms Control and
    Disarmament Act (22 U.S.C. 2595, 2595c). Sec. 402(b) redesignated sec.
    64 of the Arms Control and Disarmament Act as sec. 65, and added a new
    sec. 64 (22 U.S.C. 2595b-1).
      r. Soviet Nuclear Threat Reduction--Appropriations, Fiscal Year 1992

        Partial text of Public Law 102-229 [Dire Emergency Supplemental
      Appropriations and Transfers for Relief From the Effects of Natural
        Disasters, for Other Urgent Needs, and for Incremental Cost of
     ``Operation Desert Shield/Desert Storm'' Act of 1992; H.J. Res. 157],
     105 Stat. 1701, approved December 12, 1991; as amended by Public Law
    102-484 [National Defense Authorization Act for Fiscal Year 1993, H.R.
     5006], 106 Stat. 2315, approved October 23, 1992; and Public Law 102-
     511 [FREEDOM Support Act, S. 2532], 106 Stat. 3320, approved October
                                    24, 1992

    JOINT RESOLUTION Making dire emergency supplemental appropriations and
     transfers for relief from the effects of natural disasters, for other
     urgent needs, and for incremental costs of ``Operation Desert Shield/
     Desert Storm'' for the fiscal year ending September 30, 1992, and for
                                other purposes.

        Resolved 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, to provide dire emergency
    supplemental appropriations for the fiscal year ending
    September 30, 1992, and for other purposes, namely:
              * * * * * * *

                 TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS

                                   CHAPTER I

              * * * * * * *

              restriction on arms sales to saudi arabia and kuwait

        Sec. 104. (a) No funds appropriated or otherwise made
    available by this or any other Act may be used in any fiscal
    year to conduct, support, or administer any sale of defense
    articles or defense services to Saudi Arabia or Kuwait until
    that country has paid in full, either in cash or in mutually
    agreed in-kind contributions, the following commitments made to
    the United States to support Operation Desert Shield/Desert
    Storm:
              (1) In the case of Saudi Arabia, $16,839,000,000.
              (2) In the case of Kuwait, $16,006,000,000.
        (b) For purposes of this section, the term ``any sale''
    means any sale with respect to which the President is required
    to submit a numbered certification to the Congress pursuant to
    the Arms Export Control Act on or after the effective date of
    this section.
        (c) This section shall take effect 120 days after the date
    of enactment of this joint resolution.
        (d) Any military equipment of the United States, including
    battle tanks, armored combat vehicles, and artillery, included
    within the Conventional Forces in Europe Treaty definition of
    ``conventional armaments and equipment limited by the Treaty'',
    which may be transferred to any other NATO country shall be
    subject to the notification procedures stated in section 523 of
    Public Law 101-513 and in section 634A of the Foreign
    Assistance Act of 1961.
              * * * * * * *

                              (transfer of funds)

        Sec. 108.\1\ In addition to other transfer authority
    available to the Department of Defense, the Secretary of
    Defense may transfer from amounts appropriated to the
    Department of Defense for fiscal year 1992 for operation and
    maintenance or from balances in working capital accounts
    established under section 2208 of title 10, United States Code,
    not to exceed $400,000,000, to the appropriate accounts within
    the Department of Defense for reducing the Soviet nuclear
    threat and for the purposes set forth in the Soviet Nuclear
    Threat Reduction Act of 1991 (title II of Public Law 102-
    228),\2\, \3\ and under the terms and conditions of
    such Act: \4\ Provided, That the readiness of the United States
    Armed Forces shall not be diminished by such transfer of
    funds.\5\
    ---------------------------------------------------------------------------
        \1\ Sec. 1205(c) of the National Defense Authorization Act for
    Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1781), provided the
    following:
        ``(c) Authorization of Extension of Availability of Prior Year
    Funds.--To the extent provided in appropriations Acts, the authority to
    transfer funds of the Department of Defense provided in section 9110(a)
    of the Department of Defense Appropriations Act, 1993 (Public Law 102-
    396; 106 Stat. 1928), and in section 108 of Public Law 102-229 (105
    Stat. 1708) shall continue to be in effect during fiscal year 1994.''.
        \2\ Sec. 1421(b)(1) of the National Defense Authorization Act for
    Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565), struck out
    ``contained in H.R. 3807, as passed the Senate on November 25, 1991'',
    and inserted in lieu thereof ``(title II of Public Law 102-228)''.
        \3\ Sec. 506 of the FREEDOM Support Act (Public Law 102-511; 106
    Stat. 3341) made duplicate amendments. Sec. 506(c) of that Act,
    however, provided:
        ``(c) Avoidance of Duplicative Amendments.--The amendments made by
    this section shall not be effective if the National Defense
    Authorization Act for Fiscal Year 1993 enacts an amendment to section
    221(a) of the Soviet Nuclear Threat Reduction Act of 1991 that
    authorizes the transfer of an amount that is the same or greater than
    the amount that is authorized by the amendment made by subsection
    (a)(1) of this section and enacts amendments identical to those in
    subsections (a)(2) and (b) of this section [subsec. (b) amended Public
    Law 102-229]. If that Act enacts such amendments, sections 503 and 508
    of this act shall be deemed to apply with respect to the funds made
    available under such amendments.''.
        \4\ In a memorandum dated January 21, 1992 for the Secretary of
    Defense (57 F.R. 3111; January 28, 1992), the President, to meet
    requirements on funds appropriated by sec. 109 of Public Law 102-229,
    relating to the ``transport by military or commercial means, food,
    medical supplies, and other types of humanitarian assistance to the
    Soviet Union, or its Republics, or localities therein--with the consent
    of the relevant Republic government or its independent successor--in
    order to address emergency conditions which may arise therein, and for
    the purposes set forth in section 301 of H.R. 3807, as passed the
    Senate on November 25, 1991, and under the terms and conditions of such
    section 301 of H.R. 3807 * * * '', designated such funds ``as emergency
    requirements, pursuant to the terms of the Balanced Budget and
    Emergency Deficit Control Act of 1985, as amended * * * ''. The
    President further directed the Secretary of Defense to make certain
    transfers, and delegated certain authorities and duties to the
    Secretary as defined by sec. 301 of H.R. 3807 as passed by the Senate
    on November 25, 1991.
        For the Soviet Nuclear Threat Reduction Act of 1991, as contained
    in H.R. 3807, and passed by the Senate on November 25, 1991, see
    Legislation on Foreign Relations Through 1991, vol. II, page 1042. For
    the Soviet Nuclear Threat Reduction Act of 1991, as enacted into law
    (Public Law 102-228; 105 Stat. 1693), see Legislation on Foreign
    Relations Through 1991, vol. II, page 1028.
        \5\ Sec. 9110(a) of the Department of Defense Appropriations Act,
    1993 (Public Law 102-396; 106 Stat. 1928), authorized the Secretary of
    Defense to 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, in addition to amounts transferred pursuant to the authority
    provided in sec. 108 of Public Law 102-229 (105 Stat. 1708). Congress
    earmarked the funds made available in sec. 9110(a) of Public Law 102-
    396 for particular projects, see 106 Stat. 1928. Sec. 9110(c) of that
    Act authorized the transfer of another $15,000,000 from the balances of
    DOD working capital funds for the purposes authorized in sec. 109. Sec.
    9110(e) of that Act authorized the transfer of another $40,000,000 for
    international proliferation activities pursuant to the Weapons of Mass
    Destruction Control Act of 1992 (title XV of Public Law 102-484).
        Title II of the Department of Defense Appropriations Act, 1994
    (Public Law 103-139; 107 Stat. 1426), provided $400,000,000 for former
    Soviet Union threat reduction. Title II of the Department of Defense
    Appropriations Act, 1995 (Public Law 103-335; 108 Stat. 2606), also
    provided $400,000,000. Title I, chapter II, Department of Defense,
    Operation and Maintenance, of Public Law 104-6 (109 Stat. 77), however,
    rescinded $20,000,000 of that which was provided in Public Law 103-335.
    Title II of the Department of Defense Appropriations Act, 1996 (Public
    Law 104-61; 109 Stat. 642) provided $300,000,000. Title II of the
    Department of Defense Appropriations Act, 1997 (as enacted by sec.
    101(b) of title I of Public Law 104-208; 110 Stat. 3009-78), provided
    $327,900,000. Title II of the Department of Defense Appropriations Act,
    1998 (Public Law 105-56; 111 Stat. 1210) provided $382,200,000. Title
    II of the Department of Defense Appropriations Act, 1999 (Public Law
    105-262; 112 Stat. 2286) provided $440,400,000. Title II of the
    Department of Defense Appropriations Act, 2000 (Public Law 106-79; 113
    Stat. 1220) provided $460,500,000. Title II of the Department of
    Defense Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 663)
    provided $443,400,000. Sec. 8054 of title VIII of division A of the
    Department of Defense and Emergency Supplemental Appropriations for
    Recovery from and Response to Terrorist Attacks on the United States
    Act, 2002 (Public Law 107-117: 115 Stat. 2259), however, rescinded
    $50,000,000 from Cooperative Threat Reduction appropriations for fiscal
    years 2003-2005. Title II of the Department of Defense Appropriations
    Act, 2003 (Public Law 107-248; 116 Stat. 1526) provided $416,700,000.
    Title II of the Department of Defense Appropriations Act, 2004 (Public
    Law 108-87; 117 Stat. 1061) provided $450,800,000. Title II of the
    Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118
    Stat. 959) provided $409,200,000.
        Most recently, title II of the Department of Defense, Emergency
    Supplemental Appropriations to Address Hurricanes in the Gulf of
    Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-148; 119 Stat.
    2687) provided the following:
    ---------------------------------------------------------------------------

    ``Former Soviet Union Threat Reduction Account
    ---------------------------------------------------------------------------

        ``For assistance to the republics of the former Soviet Union,
    including assistance provided by contract or by grants, for
    facilitating the elimination and the safe and secure transportation and
    storage of nuclear, chemical and other weapons; for establishing
    programs to prevent the proliferation of weapons, weapons components,
    and weapon-related technology and expertise; for programs relating to
    the training and support of defense and military personnel for
    demilitarization and protection of weapons, weapons components and
    weapons technology and expertise, and for defense and military
    contacts, $415,549,000, to remain available until September 30, 2008:
    Provided, That of the amounts provided under this heading, $15,000,000
    shall be available only to support the dismantling and disposal of
    nuclear submarines, submarine reactor components, and security
    enhancements for transport and storage of nuclear warheads in the
    Russian Far East.''.
    ---------------------------------------------------------------------------

                              (transfer of funds)

        Sec. 109.\4\, \5\, \6\ In addition to
    other transfer authority available to the Department of
    Defense, the Secretary of Defense, upon the declaration of an
    emergency by the President under the terms of the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended,
    may transfer from amounts appropriated to the Department of
    Defense for fiscal year 1992 or from balances in working
    capital accounts established under section 2208 of title 10,
    United States Code, not to exceed $100,000,000, to the
    appropriate accounts within the Department of Defense, in order
    to transport by military or commercial means, food, medical
    supplies, and other types of humanitarian assistance to the
    Soviet Union, or its Republics, or localities therein--with the
    consent of the relevant Republic government or its independent
    successor--in order to address emergency conditions which may
    arise therein, and for the purposes set forth in section 301 of
    Public Law 102-228 (105 Stat. 1696),\3\, \7\ and
    under the terms and conditions of such section 301:
    \3\, \8\ Provided, That the readiness of the United
    States Armed Forces shall not be diminished by such transfer of
    funds: Provided further, That the Committees on Appropriations
    be notified of transfers under this provision fifteen days in
    advance.
    ---------------------------------------------------------------------------
        \6\ In a January 21, 1992, memorandum for the Secretary of Defense
    (57 F.R. 3111; January 28, 1992), the President stated:
        ``1. I designate as emergency requirements, pursuant to the terms
    of the Balanced Budget and Emergency Deficit Control Act of 1985, as
    amended, the full amount for which section 109 provides.
        ``2. Effective upon satisfaction of applicable congressional
    notification requirements, I direct the Secretary of Defense to
    transfer funds under section 109 as it incorporates by reference
    section 301(b) of H.R. 3807 as passed the Senate on November 25, 1991.
        ``3. The authorities and duties of the President under section 301
    of H.R. 3807 as passed the Senate on November 25, 1991, and referred to
    in section 109 (except the designation of emergency relating to funding
    addressed in paragraph 1 and the direction addressed in paragraph 2)
    are hereby delegated to the Secretary of Defense.''.
        \7\ Sec. 1421(b)(2)(A) of the National Defense Authorization Act
    for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565) struck out
    ``H.R. 3807, as passed the Senate on November 25, 1991'' and inserted
    in lieu thereof ``Public Law 102-228 (105 Stat. 1696)''.
        \8\ Sec. 1421(b)(2)(B) of the National Defense Authorization Act
    for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565) struck out
    ``of H.R. 3807'' here.
    ---------------------------------------------------------------------------
              * * * * * * *

                          TITLE II--GENERAL PROVISIONS

              * * * * * * *
        Sec. 201. No part of any appropriation contained in this
    joint resolution shall remain available for obligation beyond
    the current fiscal year unless expressly so provided herein.

                     congressional designation of emergency

        Sec. 202. Although the President has only designated
    portions of the funds in this joint resolution pertaining to
    the incremental costs of Desert Shield/Desert Storm and certain
    Federal Emergency Management Agency costs as ``emergency
    requirements'', the Congress believes that the same or higher
    priority should be given to helping American people recover
    from natural disasters and other emergency situations as has
    been given to foreign aid ``emergency'' needs. The Congress
    therefore designates all funds in Titles I and II of this joint
    resolution as ``emergency requirements'' for all purposes of
    the Balanced Budget and Emergency Deficit Control Act of 1985.
              * * * * * * *

    SEC. 204. SENSE OF THE SENATE REGARDING UNITED STATES RECOGNITION OF
                        UKRAINIAN INDEPENDENCE.

        (a) Findings.--The Senate makes the following findings:
              (1) On August 24, 1991, the democratically elected
            Ukrainian parliament declared Ukrainian independence
            and the creation of an independent, democratic state--
            Ukraine.
              (2) That declaration reflects the desire of the
            people of Ukraine for freedom and independence
            following long years of communist oppression,
            collectivization, and centralization.
              (3) On December 1, 1991, a republic-wide referendum
            will be held in Ukraine to confirm the August 24, 1991,
            declaration of independence.
              (4) Ukraine is pursuing a peaceful and democratic
            path to independence and has pledged to comply with the
            Helsinki Final Act and other documents of the
            Conference on Security and Cooperation in Europe.
              (5) Ukraine and Russia signed an agreement on August
            29, 1991, recognizing each other's rights to state
            independence and affirming each other's territorial
            integrity.
              (6) Ukraine, a nation of 52,000,000 people, with its
            own distinct linguistic, cultural, and religious
            traditions, is determined to take its place among the
            family of free and democratic nations of the world.
              (7) The Congress has traditionally supported the
            rights of people to peaceful and democratic self-
            determination.
              (8) As recognized in Article VIII of the Helsinki
            Final Act of the Conference on Security and Cooperation
            in Europe, ``all peoples always have the right, in full
            freedom, to determine, when and as they wish, their
            internal and external political status, without
            external interference, and to pursue as they wish their
            political, economic, social and cultural development''.
        (b) Sense of the Senate.--It is the sense of the Senate
    that the President--
              (1) should recognize Ukraine's independence and
            undertake steps toward the establishment of full
            diplomatic relations with Ukraine should the December
            1, 1991, referendum confirm Ukrainian parliament's
            independence declaration; and
              (2) should use United States assistance, trade, and
            other programs to support the Government of Ukraine and
            encourage the further development of democracy and a
            free market in Ukraine.
              * * * * * * *
        This joint resolution may be cited as the ``Dire Emergency
    Supplemental Appropriations and Transfers for Relief From the
    Effects of Natural Disasters, for Other Urgent Needs, and for
    Incremental Cost of `Operation Desert Shield/Desert Storm' Act
    of 1992''.
             4. Nonproliferation of Weapons of Mass Destruction \1\

              a. Iran Nonproliferation Amendments Act of 2005 \2\

      Public Law 109-112 [S. 1713], 119 Stat. 2366, approved November 22,
                                      2005
    ---------------------------------------------------------------------------

        \1\ See also arms control provisions in annual National Defense
    Authorization Acts, sec. 5 of this volume, beginning at page 457. See
    also international terrorism provisions, this volume. See also in the
    Arms Export Control Act (Legislation on Foreign Relations Through 2005,
    vol. I-A): chapter 7--Control of Missiles and Missile Equipment
    Technology, chapter 8--Chemical or Biological Weapons Proliferation,
    and chapter 10--Nuclear Proliferation Controls. See also in the Export
    Administration Act of 1979 (Legislation on Foreign Relations Through
    2005, vol. III): sec. 5--National Security Controls, sec. 6--Foreign
    Policy Controls, sec. 11A--Multilateral Export Control Violations, sec.
    11B--Missile Proliferation Control Violations, sec. 11C--Chemical and
    Biological Weapons Proliferation Sanctions.
        \2\ 50 U.S.C. 1701 note.
    ---------------------------------------------------------------------------

      AN ACT To make amendments to the Iran Nonproliferation Act of 2000
        related to International Space Station payments, and for other
                                   purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Iran Nonproliferation
    Amendments Act of 2005''.

    SEC. 2. FINDINGS.

        Congress makes the following findings:
              (1) The Director of Central Intelligence's most
            recent Unclassified Report to Congress on the
            Acquisition of Technology Relating to Weapons of Mass
            Destruction and Advanced Conventional Munitions, 1 July
            Through 31 December 2003, states ``Russian entities
            during the reporting period continued to supply a
            variety of ballistic missile-related goods and
            technical know-how to countries such as Iran, India,
            and China. Iran's earlier success in gaining technology
            and materials fromRussian entities helped accelerate
            Iranian development of the Shahab-3 MRBM, and
            continuing Russian entity assistance has supported
            Iranian efforts to develop new missiles and increase
            Tehran's self-sufficiency in missile production.''
              (2) Vice Admiral Lowell E. Jacoby, the Director of
            the Defense Intelligence Agency, stated in testimony
            before the Select Committee on Intelligence of the
            Senate on February 16, 2005, that ``Tehran probably
            will have the ability to produce nuclear weapons early
            in the next decade''.
              (3) Iran has--
                      (A) failed to act in accordance with the
                    Agreement Between Iran and the International
                    Atomic Energy Agency for the Application of
                    Safeguards in Connection with the Treaty on the
                    Non-Proliferation of Nuclear Weapons, done at
                    Vienna June 19, 1973 (commonly referred to as
                    the ``Safeguards Agreement'');
                      (B) acted in a manner inconsistent with the
                    Protocol Additional to the Agreement Between
                    Iran and the International Atomic Energy Agency
                    for the Application of Safeguards, signed at
                    Vienna December 18, 2003 (commonly referred to
                    as the ``Additional Protocol'');
                      (C) acted in a manner inconsistent with its
                    obligations under the Treaty on the Non-
                    Proliferation of Nuclear Weapons, done at
                    Washington, London, and Moscow July 1, 1968,
                    and entered into force March 5, 1970 (commonly
                    referred to as the ``Nuclear Non-Proliferation
                    Treaty''); and (D) resumed uranium conversion
                    activities, thus ending the confidence building
                    measures it adopted in its November 2003
                    agreement with the foreign ministers of the
                    United Kingdom, France, and Germany.
              (4) On September 24, 2005, the Board of Governors of
            the International Atomic Energy Agency (IAEA) formally
            declared that Iranian actions constituted noncompliance
            with its nuclear safeguards obligations, and that
            Iran's history of concealment of its nuclear activities
            has given rise to questions that are within the purview
            of the United Nations Security Council.
              (5) The executive branch has on multiple occasions
            used the authority provided under section 3 of the Iran
            Nonproliferation Act of 2000 (Public Law 106-178; 50
            U.S.C. 1701 note) to impose sanctions on entities that
            have engaged in activitiesin violation of restrictions
            in the Act relating to--
                      (A) the export of equipment and technology
                    controlled under multilateral export control
                    lists, including under the Australia Group,
                    Chemical Weapons Convention, Missile Technology
                    Control Regime, Nuclear Suppliers Group, and
                    the Wassenaar Arrangement or otherwise having
                    the potential to make a material contribution
                    to the development of weapons of mass
                    destruction or cruise or ballistic missile
                    systems to Iran; and
                      (B) the export of other items to Iran with
                    the potential of making a material contribution
                    to Iran's weapons of mass destruction programs
                    or on United States national control lists for
                    reasons related to the proliferation of weapons
                    of mass destruction or missiles.
              (6) The executive branch has never made a
            determination pursuant to section 6(b) of the Iran
            Nonproliferation Act of 2000 that--
                      (A) it is the policy of the Government of the
                    Russian Federation to oppose the proliferation
                    to Iran of weapons of mass destruction and
                    missile systems capable of delivering such
                    weapons;
                      (B) the Government of the Russian Federation
                    (including the law enforcement, export
                    promotion, export control, and intelligence
                    agencies of such government) has demonstrated
                    and continues to demonstrate a sustained
                    commitment to seek out and prevent the transfer
                    to Iran of goods, services, and technology that
                    could make a material contribution to the
                    development of nuclear, biological, or chemical
                    weapons, or of ballistic or cruise missile
                    systems; and
                      (C) no entity under the jurisdiction or
                    control of the Government of the Russian
                    Federation, has, during the 1-year period prior
                    to the date of the determination pursuant to
                    section 6(b) of such Act, made transfers to
                    Iran reportable under section 2(a) of the Act.
              (7) On June 29, 2005, President George W. Bush issued
            Executive Order 13382 blocking property of weapons of
            mass destruction proliferators and their supporters,
            and used the authority of such order against 4 Iranian
            entities, Aerospace Industries Organization, Shahid
            Hemmat Industrial Group, Shahid Bakeri Industrial
            Group, and the Atomic Energy Organization of Iran, that
            have engaged, or attempted to engage, in activities or
            transactions that have materially contributed to, or
            pose a risk of materially contributing to, the
            proliferation of weapons of mass destruction or their
            means of delivery (including missiles capable of
            delivering such weapons), including efforts to
            manufacture, acquire, possess, develop, transport,
            transfer, or use such items.

    SEC. 3. AMENDMENTS TO IRAN NONPROLIFERATION ACT OF 2000 RELATED TO
                        INTERNATIONAL SPACE STATION PAYMENTS.

        (a) Treatment of Certain Payments.--Section 7(1)(B) of the
    Iran Nonproliferation Act of 2000 (Public Law 106-178; 50
    U.S.C. 1701 note) is amended-- * * *

    SEC. 4. AMENDMENTS TO THE IRAN NONPROLIFERATION ACT OF 2000 TO MAKE
                        SUCH ACT APPLICABLE TO IRAN AND SYRIA.

        (a) Reports on Proliferation Relating to Iran or Syria.--
    Section 2 of the Iran Nonproliferation Act of 2000 (Public Law
    106-178; 50 U.S.C. 1701 note) is amended-- * * *
        (b)-(d) * * *
        (e) Short Title.--
              (1) Amendment.--Section 1 of the Iran
            Nonproliferation Act of 2000 (Public Law 106-178; 50
            U.S.C. 1701 note) is amended * * *
              (2) \3\ References.--Any reference in a law,
            regulation, document, or other record of the United
            States to the Iran Nonproliferation Act of 2000 shall
            be deemed to be a reference to the Iran and Syria
            Nonproliferation Act.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2797b note; 50 U.S.C. 1701 note.
                   b. Nuclear Security Initiative Act of 2003

     Partial text of Public Law 108-136 [title XXXVI of division C of the
     National Defense Authorization Act for Fiscal Year 2004; H.R. 1588],
                   117 Stat. 1392, approved November 24, 2003

              * * * * * * *

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

              * * * * * * *

                    TITLE XXXVI--NUCLEAR SECURITY INITIATIVE

    Sec. 3601. Short title.

        Subtitle A--Administration and Oversight of Threat Reduction and
                            Nonproliferation Programs

    Sec. 3611. Management assessment of Department of Defense and Department
              of Energy threat reduction and nonproliferation programs.

           Subtitle B--Relations Between the United States and Russia

    Sec. 3621. Comprehensive inventory of Russian tactical nuclear weapons.
    Sec. 3622. Establishment of interparliamentary Threat Reduction Working
              Group.
    Sec. 3623. Sense of Congress on cooperation by United States and NATO
              with Russia on ballistic missile defenses.
    Sec. 3624. Sense of Congress on enhanced collaboration to achieve more
              reliable Russian early warning systems.

                            Subtitle C--Other Matters

    Sec. 3631. Promotion of discussions on nuclear and radiological security
              and safety between the International Atomic Energy Agency and
              the Organization for Economic Cooperation and Development.

    SEC. 3601.\1\ SHORT TITLE.

        This title may be cited as the ``Nuclear Security
    Initiative Act of 2003''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 5951 note.
    ---------------------------------------------------------------------------

       Subtitle A--Administration and Oversight of Threat Reduction and
                           Nonproliferation Programs

    SEC. 3611. MANAGEMENT ASSESSMENT OF DEPARTMENT OF DEFENSE AND
                        DEPARTMENT OF ENERGY THREAT REDUCTION AND
                        NONPROLIFERATION PROGRAMS.

        (a) GAO Assessment Required.--The Comptroller General shall
    carry out an assessment of the management of the threat
    reduction and nonproliferation programs of the Department of
    Defense and the Department of Energy. The matters assessed
    shall include--
              (1) the effectiveness of the overall strategy used
            for managing such programs;
              (2) the basis used to allocate the missions of such
            programs among the executive departments and agencies;
              (3) the criteria used to assess the effectiveness of
            such programs;
              (4) the strategy and process used to establish
            priorities for activities carried out under such
            programs, including the analysis of risks and benefits
            used in determining how best to allocate the funds made
            available for such programs;
              (5) the mechanisms used to coordinate the activities
            carried out under such programs by the executive
            departments and agencies so as to ensure efficient
            execution and avoid duplication of effort; and
              (6) the management controls used in carrying out such
            programs and the effect of such controls on the
            execution of such programs.
        (b) Considerations.--In carrying out the assessment
    required by subsection (a), the Comptroller General shall take
    into account--
              (1) the national security interests of the United
            States; and
              (2) the need for accountability in expenditure of
            funds by the United States.
        (c) Report.--Not later than May 1, 2004, the Comptroller
    General shall submit a report on the assessment required by
    subsection (a) to the Committee on Armed Services of the House
    of Representatives and the Committee on Armed Services of the
    Senate.
        (d) Definitions.--In this section:
              (1) The term ``threat reduction and nonproliferation
            programs of the Department of Defense and the
            Department of Energy'' means--
                      (A) the programs specified in section 1501(b)
                    of the National Defense Authorization Act for
                    Fiscal Year 1997 (Public Law 104-201; 110 Stat.
                    2731; 50 U.S.C. 2362 note); and
                      (B) any programs for which funds are made
                    available under the defense nuclear
                    nonproliferation account of the Department of
                    Energy.
              (2) The term ``management controls'' means any
            accounting, oversight, or other measure intended to
            ensure that programs are executed consistent with--
                      (A) programmatic objectives as stated in
                    budget justification materials submitted to
                    Congress (as submitted with the budget of the
                    President under section 1105(a) of title 31,
                    United States Code); and
                      (B) any restrictions related to such
                    objectives as are imposed by law.

           Subtitle B--Relations Between the United States and Russia

    SEC. 3621.\2\ COMPREHENSIVE INVENTORY OF RUSSIAN TACTICAL NUCLEAR
                        WEAPONS.

        (a) Sense of Congress.--It is the sense of Congress that
    the United States should, to the extent the President considers
    prudent, seek to work with the Russian Federation to develop a
    comprehensive inventory of Russian tactical nuclear weapons.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 5959 note.
    ---------------------------------------------------------------------------
        (b) Report.--Not later than 12 months after the date of the
    enactment of this Act, the President shall submit to Congress a
    report, in both classified and unclassified form as necessary,
    describing the progress that has been made toward creating such
    an inventory.

    SEC. 3622.\3\ ESTABLISHMENT OF INTERPARLIAMENTARY THREAT REDUCTION
                        WORKING GROUP.

        (a) Establishment of Working Group.--There is hereby
    established a working group to be known as the ``Threat
    Reduction Working Group'' as an interparliamentary group of the
    Congress of the United States and the legislature of the
    Russian Federation.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 5951 note.
    ---------------------------------------------------------------------------
        (b) Purpose of Working Group.--The purpose of the working
    group established by subsection (a) shall be to explore means
    to enhance cooperation between the United States and the
    Russian Federation with respect to nuclear nonproliferation and
    security and such other issues related to reducing the dangers
    of weapons of mass destruction as the members of the working
    group consider appropriate.
        (c) Membership.--(1) The majority leader of the Senate,
    after consultation with the minority leader of the Senate,
    shall appoint not more than 10 Senators to the working group
    established by subsection (a).
        (2) The Speaker of the House of Representatives, after
    consultation with the minority leader of the House of
    Representatives, shall appoint not more than 30 Members of the
    House to the working group.

    SEC. 3623.\4\ SENSE OF CONGRESS ON COOPERATION BY UNITED STATES AND
                        NATO WITH RUSSIA ON BALLISTIC MISSILE DEFENSES.

        (a) Sense of Congress.--It is the sense of Congress that
    the President should, in conjunction with the North Atlantic
    Treaty Organization, encourage appropriate cooperative
    relationships between the Russian Federation and the United
    States and North Atlantic Treaty Organization with respect to
    the development and deployment of ballistic missile defenses.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 1928 note.
    ---------------------------------------------------------------------------
        (b) Report to Congress.--Not later than one year after the
    date of the enactment of this Act, the Secretary of Defense
    shall transmit to the Committee on Armed Services of the Senate
    and the Committee on Armed Services of the House of
    Representatives a report (in unclassified or classified form as
    necessary) on the feasibility of increasing cooperation between
    the Russian Federation and the United States and the North
    Atlantic Treaty Organization on the subject of ballistic
    missile defense. The report shall include--
              (1) the recommendations of the Secretary;
              (2) a description of the threat such cooperation is
            intended to address; and
              (3) an assessment of possible benefits to ballistic
            missile defense programs of the United States.

    SEC. 3624. SENSE OF CONGRESS ON ENHANCED COLLABORATION TO ACHIEVE MORE
                        RELIABLE RUSSIAN EARLY WARNING SYSTEMS.

        It is the sense of Congress that the President, to the
    extent consistent with the national security interests of the
    United States, should--
              (1) encourage joint efforts by the United States and
            the Russian Federation to reduce the probability of
            accidental nuclear attack as a result of misinformation
            or miscalculation by developing the capabilities and
            increasing the reliability of Russian ballistic missile
            early-warning systems;
              (2) encourage the development of joint programs by
            the United States and the Russian Federation to ensure
            that the Russian Federation has reliable information
            regarding launches of ballistic missiles anywhere in
            the world; and
              (3) pending the execution of a new agreement between
            the United States and the Russian Federation providing
            for the conduct of the Russian-American Observation
            Satellite (RAMOS) program, ensure that funds
            appropriated for that program for fiscal year 2004 are
            obligated and expended in a manner that provides for
            the satisfactory continuation of that program.

                           Subtitle C--Other Matters

    SEC. 3631.\5\ PROMOTION OF DISCUSSIONS ON NUCLEAR AND RADIOLOGICAL
                        SECURITY AND SAFETY BETWEEN THE INTERNATIONAL
                        ATOMIC ENERGY AGENCY AND THE ORGANIZATION FOR
                        ECONOMIC COOPERATION AND DEVELOPMENT.

        (a) Sense of Congress Regarding Initiation of Dialogue
    Between the IAEA and the OECD.--It is the sense of Congress
    that--
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 6321 note.
    ---------------------------------------------------------------------------
              (1) the United States should seek to initiate
            discussions between the International Atomic Energy
            Agency and the Organization for Economic Cooperation
            and Development for the purpose of exploring issues of
            nuclear and radiological security and safety, including
            the creation of new sources of revenue (including debt
            reduction) for states to provide nuclear security; and
              (2) the discussions referred to in paragraph (1)
            should also provide a forum to explore possible sources
            of funds in support of the G-8 Global Partnership
            Against the Spread of Weapons and Materials of Mass
            Destruction.
        (b) Contingent Report.--(1) Except as provided in paragraph
    (2), the President shall, not later than 12 months after the
    date of the enactment of this Act, submit to Congress a report
    on--
              (A) the efforts made by the United States to initiate
            the discussions described in subsection (a);
              (B) the results of those efforts; and
              (C) any plans for further discussions and the
            purposes of such discussions.
        (2) Paragraph (1) shall not apply if no efforts referred to
    in paragraph (1)(A) have been made.
            c. Nonproliferation and Export Control Assistance, 2003

      Partial text of Public Law 107-228 [Foreign Relations Authorization
     Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
                                    30, 2002

              * * * * * * *

           TITLE XIII--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE

                         Subtitle A--General Provisions

    SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.

        (a) Authorization.--Section 585 of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2349bb-4) is amended-- * * * \1\
    ---------------------------------------------------------------------------
        \1\ The Foreign Assistance Act of 1961 is located in Legislation on
    Foreign Relations Through 2005, vol. I-A. Sec. 1303 of Public Law 107-
    228 redesignated sec. 585 as sec. 586. As redesignated, sec. 586 of the
    Foreign Assistance Act concerns the authorization of appropriations for
    chapter 9 of Part II of that Act, entitled ``Nonproliferation and
    Export Control Assistance''.
    ---------------------------------------------------------------------------
        (b) Suballocations.--Of the amount authorized to be
    appropriated to the President for fiscal year 2003 by section
    585 of the Foreign Assistance Act of 1961 (22 U.S.C. 2349bb-
    4)--
              (1) $2,000,000 is authorized to be available for such
            fiscal year for the purpose of carrying out section 584
            of the Foreign Assistance Act of 1961, as added by
            section 1303 of this Act; and
              (2) $65,000,000 for fiscal year 2003 are authorized
            to be available for science and technology centers in
            the independent states of the former Soviet Union.
        (c) Conforming Amendment.--Section 302 of the Security
    Assistance Act of 2000 (Public Law 106-280; 114 Stat. 853) is
    repealed.
        (d) Further Authorization.--There is authorized to be
    appropriated under ``Nonproliferation, Anti-terrorism,
    Demining, and Related Programs'' $382,400,000 for fiscal year
    2003.

    SEC. 1302.\2\ NONPROLIFERATION TECHNOLOGY ACQUISITION PROGRAMS FOR
                        FRIENDLY FOREIGN COUNTRIES.

        (a) In General.--For the purpose of enhancing the
    nonproliferation and export control capabilities of friendly
    countries, of the amount authorized to be appropriated for
    fiscal year 2003 by section 585 of the Foreign Assistance Act
    of 1961 (22 U.S.C. 2349bb et seq.), the Secretary is authorized
    to make available--
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2349bb note.
    ---------------------------------------------------------------------------
              (1) $5,000,000 for the procurement and provision of
            nuclear, chemical, and biological detection systems,
            including spectroscopic and pulse echo technologies;
            and
              (2) $10,000,000 for the procurement and provision of
            x-ray systems capable of imaging sea-cargo containers.
        (b) Reports on Training Program.--
              (1) Initial report.--Not later than March 31, 2003,
            the Secretary shall submit a report to the appropriate
            congressional committees setting forth his plans and
            budget for a multiyear training program to train
            foreign personnel in the utilization of the systems
            described in subsection (a).
              (2) Subsequent reports.--Not later than March 31,
            2004, and annually thereafter for the next three years,
            the Secretary shall submit a report to the appropriate
            congressional committees describing the progress,
            current status, and budget of that training program and
            of the provision of those systems.

    SEC. 1303. INTERNATIONAL NONPROLIFERATION AND EXPORT CONTROL TRAINING.

        Chapter 9 of part II of the Foreign Assistance Act of 1961
    (22 U.S.C. 2349bb et seq.) is amended-- * * * \3\
    ---------------------------------------------------------------------------
        \3\ Sec. 1303 redesignated secs. 584 and 585 of the Foreign
    Assistance Act of 1961 as secs. 585 and 586, and added a new sec. 584,
    which deals with nonproliferation and export control training to
    military and civilian personnel of foreign countries. See Legislation
    on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------

    SEC. 1304. RELOCATION OF SCIENTISTS.

        (a) Reinstatement of Classification Authority.--Section 4
    of the Soviet Scientists Immigration Act of 1992 (Public Law
    102-509; 106 Stat. 3316; 8 U.S.C. 1153 note) is amended * * *
        (b) * * *
        (c) Limitation on Eligibility.--Section 4(a) of that Act (8
    U.S.C. 1153 note) is amended * * *
        (d) \4\ Consultation Requirement.--The Attorney General
    shall consult with the Secretary, the Secretary of Defense, the
    Secretary of Energy, and the heads of other appropriate
    agencies of the United States regarding--
    ---------------------------------------------------------------------------
        \4\ 8 U.S.C. 1153 note.
    ---------------------------------------------------------------------------
              (1) previous experience in implementing the Soviet
            Scientists Immigration Act of 1992; and
              (2) any changes that those officials would recommend
            in the regulations prescribed under that Act.

    SEC. 1305. INTERNATIONAL ATOMIC ENERGY AGENCY REGULAR BUDGET
                        ASSESSMENTS AND VOLUNTARY CONTRIBUTIONS.

        (a) Findings.--Congress makes the following findings:
              (1) The Department has concluded that the
            International Atomic Energy Agency (in this section
            referred to as the ``IAEA'') is a critical and
            effective instrument for verifying compliance with
            international nuclear nonproliferation agreements, and
            that it serves as an essential barrier to the spread of
            nuclear weapons.
              (2) The IAEA furthers United States national security
            objectives by helping to prevent the proliferation of
            nuclear weapons material, especially through its work
            on effective verification and safeguards measures.
              (3) The IAEA can also perform a critical role in
            monitoring and verifying aspects of nuclear weapons
            reduction agreements between nuclear weapons states.
              (4) The IAEA has adopted a multifaceted action plan,
            to be funded by voluntary contributions, to address the
            threats posed by radioactive sources that could be used
            in a radiological weapon and will be the leading
            international agency in this effort.
              (5) As the IAEA has negotiated and developed more
            effective verification and safeguards measures, it has
            experienced significant real growth in its mission,
            especially in the vital area of nuclear safeguards
            inspections.
              (6) Nearly two decades of zero budget growth have
            affected the ability of the IAEA to carry out its
            mission and to hire and retain the most qualified
            inspectors and managers, as evidenced in the decreasing
            proportion of such personnel who hold doctorate
            degrees.
              (7) Increased voluntary contributions by the United
            States will be needed if the IAEA is to increase its
            safeguards activities and also to implement its action
            plan to address the worldwide risks posed by lost or
            poorly secured radioactive sources.
              (8) Although voluntary contributions by the United
            States lessen the IAEA's budgetary constraints, they
            cannot readily be used for the long-term capital
            investments or permanent staff increases necessary to
            an effective IAEA safeguards regime.
              (9) The recent United States decision to accept a 25
            percent IAEA regular budget assessment was based upon a
            correct interpretation of existing law. It was not the
            intent of Congress that the United States contributions
            to all United Nations-related organizations and
            activities be reduced pursuant to the Admiral James W.
            Nance and Meg Donovan Foreign Relations Authorization
            Act, Fiscal Years 2000 and 2001 (as enacted into law by
            section 1000(a)(7) of Public Law 106-113; 113 Stat.
            1501A-405 et seq.), which sets 22 percent assessment
            rates as benchmarks for the general United Nations
            budget, the Food and Agricultural Organization, the
            World Health Organization, and the International Labor
            Organization. Rather, contributions for an important
            and effective agency such as the IAEA should be
            maintained at levels commensurate with the criticality
            of its mission.
              (10) The Secretary should negotiate a gradual and
            sustained increase in the regular budget of the
            International Atomic Energy Agency, which should begin
            with the 2004 budget.
        (b) Authorization of Appropriations.--Of the funds
    authorized to be appropriated for Nonproliferation, Anti-
    terrorism, Demining, and Related Programs there is authorized
    to be appropriated $60,000,000 for fiscal year 2003 for a
    United States voluntary contribution to the International
    Atomic Energy Agency, including for the purpose of implementing
    the Protection Against Nuclear Terrorism program adopted by the
    International Atomic Energy Agency Board of Governors in March
    2002.

    SEC. 1306. AMENDMENTS TO THE IRAN NONPROLIFERATION ACT OF 2000.

        (a) Reports on Proliferation to Iran.--Section 2 of the
    Iran Nonproliferation Act of 2000 (Public Law 106-178; 114
    Stat. 39; 50 U.S.C. 1701 note) is amended * * *
        (b) * * *

    SEC. 1307. AMENDMENTS TO THE NORTH KOREA THREAT REDUCTION ACT OF 1999.

        (a) Restrictions.--Section 822(a) of the North Korea Threat
    Reduction Act of 1999 (subtitle B of title VIII of division A
    of H.R. 3427, as enacted into law by section 1000(a)(7) of
    Public Law 106-113; appendix G; 113 Stat. 1501A-472) is amended
    * * *
        (b) * * *

    SEC. 1308.\5\ ANNUAL REPORTS ON THE PROLIFERATION OF MISSILES AND
                        ESSENTIAL COMPONENTS OF NUCLEAR, BIOLOGICAL,
                        CHEMICAL, AND RADIOLOGICAL WEAPONS.

        (a) Report.--Not later than March 1, 2003, and annually
    thereafter, the President \6\ shall transmit to the designated
    congressional committees an annual report on the transfer by
    any country of weapons, technology, components, or materials
    that can be used to deliver, manufacture (including research
    and experimentation), or weaponize nuclear, biological,
    chemical or radiological weapons (in this section referred to
    as ``NBC weapons'') to any country other than a country
    referred to in subsection (d) that is seeking to possess or
    otherwise acquire such weapons, technology, or materials, or
    other system that the Secretary or the Secretary of Defense has
    reason to believe could be used to develop, acquire, or deliver
    NBC weapons.
    ---------------------------------------------------------------------------
        \5\ 50 U.S.C. 2368.
        \6\ In sec. 1(a)(13) of Executive Order 13313 of July 31, 2003 (68
    F.R. 46073; August 5, 2003), the President assigned the reporting
    duties in subsec. (a) to the Secretary of State.
    ---------------------------------------------------------------------------
        (b) Matters To Be Included.--Each such report shall
    include--
              (1) the transfer of all aircraft, cruise missiles,
            artillery weapons, unguided rockets and multiple rocket
            systems, and related bombs, shells, warheads and other
            weaponization technology and materials that the
            Secretary or the Secretary of Defense has reason to
            believe may be intended for the delivery of NBC
            weapons;
              (2) international transfers of MTCR equipment or
            technology to any country that is seeking to acquire
            such equipment or any other system that the Secretary
            or the Secretary of Defense has reason to believe may
            be used to deliver NBC weapons; and
              (3) the transfer of technology, test equipment,
            radioactive materials, feedstocks and cultures, and all
            other specialized materials that the Secretary or the
            Secretary of Defense has reason to believe could be
            used to manufacture NBC weapons.
        (c) Content of Report.--Each such report shall include the
    following with respect to preceding calendar year:
              (1) The status of missile, aircraft, and other NBC
            weapons delivery and weaponization programs in any such
            country, including efforts by such country or by any
            subnational group to acquire MTCR-controlled equipment,
            NBC-capable aircraft, or any other weapon or major
            weapon component which may be utilized in the delivery
            of NBC weapons, whose primary use is the delivery of
            NBC weapons, or that the Secretary or the Secretary of
            Defense has reason to believe could be used to deliver
            NBC weapons.
              (2) The status of NBC weapons development,
            acquisition, manufacture, stockpiling, and deployment
            programs in any such country, including efforts by such
            country or by any subnational group to acquire
            essential test equipment, manufacturing equipment and
            technology, weaponization equipment and technology, and
            radioactive material, feedstocks or components of
            feedstocks, and biological cultures and toxins.
              (3) A description of assistance provided by any
            person or government, after the date of the enactment
            of this Act, to any such country or subnational group
            in the acquisition or development of--
                      (A) NBC weapons;
                      (B) missile systems, as defined in the MTCR
                    or that the Secretary or the Secretary of
                    Defense has reason to believe may be used to
                    deliver NBC weapons; and
                      (C) aircraft and other delivery systems and
                    weapons that the Secretary or the Secretary of
                    Defense has reason to believe could be used to
                    deliver NBC weapons.
              (4) A listing of those persons and countries that
            continue to provide such equipment or technology
            described in paragraph (3) to any country or
            subnational group as of the date of submission of the
            report, including the extent to which foreign persons
            and countries were found to have knowingly and
            materiallyassisted such programs.
              (5) A description of the use of, or substantial
            preparations to use, the equipment of technology
            described in paragraph (3) by any foreign country or
            subnational group.
              (6) A description of the diplomatic measures that the
            United States, and that other adherents to the MTCR and
            other arrangements affecting the acquisition and
            delivery of NBC weapons, have made with respect to
            activities and private persons and governments
            suspected of violating the MTCR and such other
            arrangements.
              (7) An analysis of the effectiveness of the
            regulatory and enforcement regimes of the United States
            and other countries that adhere to the MTCR and other
            arrangements affecting the acquisition and delivery of
            NBC weapons in controlling the export of MTCR and other
            NBC weapons and delivery system equipment or
            technology.
              (8) A summary of advisory opinions issued under
            section 11B(b)(4) of the Export Administration Act of
            1979 (50 U.S.C. App. 2401b(b)(4)) and under section
            73(d) of the Arms Export Control Act (22 U.S.C.
            2797b(d)).
              (9) An explanation of United States policy regarding
            the transfer of MTCR equipment or technology to foreign
            missile programs, including programs involving launches
            of space vehicles.
              (10) A description of each transfer by any person or
            government during the preceding 12-month period which
            is subject to sanctions under the Iran-Iraq Arms Non-
            Proliferation Act of 1992 (title XVI of Public Law 102-
            484).
        (d) Exclusions.--The countries excluded under subsection
    (a) are Australia, Belgium, Canada, the Czech Republic,
    Denmark, France, Germany, Greece, Hungary, Iceland, Italy,
    Japan, Luxembourg, the Netherlands, New Zealand, Norway,
    Poland, Portugal, Spain, Turkey, the United Kingdom, and the
    United States.
        (e) Classification of Report.--The Secretary shall make
    every effort to submit all of the information required by this
    section in unclassified form. Whenever the Secretary submits
    any such information in classified form, the Secretary shall
    submit such classified information in an addendum and shall
    also submit concurrently a detailed summary, in unclassified
    form, of that classified information.
        (f) Definitions.--In this section:
              (1) Designated congressional committees.--The term
            ``designated congressional committees'' means--
                      (A) the Committee on Appropriations, the
                    Committee on Armed Services, and the Committee
                    on International Relations of the House of
                    Representatives; and
                      (B) the Committee on Appropriations, the
                    Committee on Armed Services, and the Committee
                    on Foreign Relations of the Senate.
              (2) Missile; mtcr; mtcr equipment or technology.--The
            terms ``missile'', ``MTCR'', and ``MTCR equipment or
            technology'' have the meanings given those terms in
            section 74 of the Arms Export Control Act (22 U.S.C.
            2797c).
              (3) Person.--The term ``person'' means any United
            States or foreign individual, partnership, corporation,
            or other form of association, or any of its successor
            entities, parents, or subsidiaries.
              (4) Weaponize; weaponization.--The term ``weaponize''
            or ``weaponization'' means to incorporate into, or the
            incorporation into, usable ordnance or other militarily
            useful means of delivery.
        (g) Repeals.--
              (1) In general.--The following provisions of law are
            repealed:
                      (A) Section 1097 of the National Defense
                    Authorization Act for Fiscal Years 1992 and
                    1993 (22 U.S.C. 2751 note).
                      (B) Section 308 of the Chemical and
                    Biological Weapons Control and Warfare
                    Elimination Act of 1991 (22 U.S.C. 5606).
                      (C) Section 1607(a) of the Iran-Iraq Arms
                    Non-Proliferation Act of 1992 (Public Law 102-
                    484).\7\
    ---------------------------------------------------------------------------
        \7\ 50 U.S.C. 1701 note.
    ---------------------------------------------------------------------------
                      (D) Paragraph (d) of section 585 of the
                    Foreign Operations, Export Financing, and
                    Related Programs Appropriations Act, 1997 (as
                    contained in section 101(c) of title I of
                    division A of Public Law 104-208; 110 Stat.
                    3009-171).\8\
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 2656 note.
    ---------------------------------------------------------------------------
              (2) Conforming amendments.--Section 585 of the
            Foreign Operations, Export Financing, and Related
            Programs Appropriations Act, 1997,\8\ is amended-- * *
            *

    SEC. 1309. THREE-YEAR INTERNATIONAL ARMS CONTROL AND NONPROLIFERATION
                        STRATEGY.

        Not later than 180 days after the date of the enactment of
    this Act, the Secretary of State shall prepare and submit to
    the appropriate congressional committees a 3-year international
    arms control and nonproliferation strategy. The strategy shall
    contain the following:
              (1) A 3-year plan for the reduction of existing
            nuclear, chemical, and biological weapons and ballistic
            missiles and for controlling the proliferation of these
            weapons.
              (2) Identification of the goals and objectives of the
            United States with respect to arms control and
            nonproliferation of weapons of mass destruction and
            their delivery systems.
              (3) A description of the programs, projects, and
            activities of the Department of State intended to
            accomplish goals and objectives described in paragraph
            (2).
     d. Russian Federation Debt Reduction for Nonproliferation Act of 2002

      Partial text of Public Law 107-228 [Foreign Relations Authorization
     Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
                                    30, 2002

              * * * * * * *

           TITLE XIII--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE

              * * * * * * *

       Subtitle B--Russian Federation Debt Reduction for Nonproliferation

    SEC. 1311.\1\ SHORT TITLE.

        This subtitle may be cited as the ``Russian Federation Debt
    for Nonproliferation Act of 2002''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 5952 note.
    ---------------------------------------------------------------------------

    SEC. 1312.\1\ FINDINGS AND PURPOSES.

        (a) Findings.--Congress finds the following:
              (1) It is in the vital security interests of the
            United States to prevent the spread of weapons of mass
            destruction to additional states or to terrorist
            organizations, and to ensure that other nations'
            obligations to modify their stockpiles of such arms in
            accordance with treaties, executive agreements, or
            political commitments are fulfilled.
              (2) In particular, it is in the vital national
            security interests of the United States to ensure
            that--
                      (A) all stocks of nuclear weapons and
                    weapons-usable nuclear material in the Russian
                    Federation are secure and accounted for;
                      (B) stocks of nuclear weapons and weapons-
                    usable nuclear material that are excess to
                    military needs in the Russian Federation are
                    monitored and reduced;
                      (C) any chemical or biological weapons,
                    related materials, and facilities in the
                    Russian Federation are destroyed;
                      (D) the Russian Federation's nuclear weapons
                    complex is reduced to a size appropriate to its
                    post-Cold War missions, and its experts in
                    weapons of mass destruction technologies are
                    shifted to gainful and sustainable civilian
                    employment;
                      (E) the Russian Federation's export control
                    system blocks any proliferation of weapons of
                    mass destruction, the means of delivering such
                    weapons, and materials, equipment, know-how, or
                    technology that would be used to develop,
                    produce, or deliver such weapons; and
                      (F) these objectives are accomplished with
                    sufficient monitoring and transparency to
                    provide confidence that they have in fact been
                    accomplished and that the funds provided to
                    accomplish these objectives have been spent
                    efficiently and effectively.
              (3) United States programs should be designed to
            accomplish these vital objectives in the Russian
            Federation as rapidly as possible, and the President
            should develop and present to Congress a plan for doing
            so.
              (4) Substantial progress has been made in United
            States-Russian Federation cooperative programs to
            achieve these objectives, but much more remains to be
            done to reduce the urgent risks to United States
            national security posed by the current state of the
            Russian Federation's weapons of mass destruction
            stockpiles and complexes.
              (5) The threats posed by inadequate management of
            weapons of mass destruction stockpiles and complexes in
            the Russian Federation remain urgent. Incidents in
            years immediately preceding 2001, which have been cited
            by the Russia Task Force of the Secretary of Energy
            Advisory Board, include--
                      (A) a conspiracy at one of the Russian
                    Federation's largest nuclear weapons facilities
                    to steal nearly enough highly enriched uranium
                    for a nuclear bomb;
                      (B) an attempt by an employee of the Russian
                    Federation's premier nuclear weapons facility
                    to sell nuclear weapons designs to agents of
                    Iraq and Afghanistan; and
                      (C) the theft of radioactive material from a
                    Russian Federation submarine base.
              (6) Addressing these threats to United States and
            world security will ultimately consume billions of
            dollars, a burden that will have to be shared by the
            Russian Federation, the United States, and other
            governments, if these threats are to be neutralized.
              (7) The creation of new funding streams could
            accelerate progress in reducing these threats to United
            States security and help the government of the Russian
            Federation to fulfill its responsibility for secure
            management of its weapons stockpiles and complexes as
            United States assistance phases out.
              (8) The Russian Federation has a significant foreign
            debt, a substantial proportion of which it inherited
            from the Soviet Union.
              (9) Past debt-for-environment exchanges, in which a
            portion of a country's foreign debt is canceled in
            return for certain environmental commitments or
            payments by that country, suggest that a debt-for-
            nonproliferation exchange with the Russian Federation
            could be designed to provide additional funding for
            nonproliferation and arms reduction initiatives.
              (10) Most of the Russian Federation's official
            bilateral debt is held by United States allies that are
            advanced industrial democracies. Since the issues
            described pose threats to United States allies as well,
            United States leadership that results in a larger
            contribution from United States allies to cooperative
            threat reduction activities will be needed.
              (11) At the June 2002 meeting of the G-8 countries,
            agreement was achieved on a G-8 Global Partnership
            against the Spread of Weapons and Materials of Mass
            Destruction, under which the advanced industrial
            democracies committed to contribute $20,000,000,000 to
            nonproliferation programs in the Russian Federation
            during a 10-year period, with each contributing country
            having the option to fund some or all of its
            contribution through reduction in the Russian
            Federation's official debt to that country.
              (12) The Russian Federation's Soviet-era official
            debt to the United States is estimated to be
            $480,000,000 in Lend-Lease debt and $2,250,000,000 in
            debt as a result of credits extended under title I of
            the Agricultural Trade Development and Assistance Act
            of 1954 (7 U.S.C. 1701 et seq.).
        (b) Purposes.--The purposes of this subtitle are--
              (1) to facilitate the accomplishment of the United
            States objectives described in the findings set forth
            in subsection (a) by providing for the use of a portion
            of the Russian Federation's foreign debt to fund
            nonproliferation programs, thus allowing the use of
            additional resources for these purposes; and
              (2) to help ensure that the resources made available
            to the Russian Federation are targeted to the
            accomplishment of the United States objectives
            described in the findings set forth in subsection (a).

    SEC. 1313.\1\ DEFINITIONS.

        In this subtitle:
              (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means--
                      (A) the Committee on International Relations
                    and the Committee on Appropriations of the
                    House of Representatives; and
                      (B) the Committee on Foreign Relations and
                    the Committee on Appropriations of the Senate.
              (2) Cost.--The term ``cost'' has the meaning given
            that term in section 502(5) of the Federal Credit
            Reform Act of 1990 (2 U.S.C. 661a(5)).
              (3) Russian federation nonproliferation investment
            agreement or agreement.--The term ``Russian Federation
            Nonproliferation Investment Agreement'' or
            ``Agreement'' means the agreement between the United
            States and the Russian Federation entered into under
            section 1315(a).
              (4) Soviet-era debt.--The term ``Soviet-era debt''
            means debt owed as a result of loans or credits
            provided by the United States (or any agency of the
            United States) to the Union of Soviet Socialist
            Republics under the Lend Lease Act of 1941 or the
            Commodity Credit Corporation Charter Act.
              (5) State sponsor of international terrorism.--The
            term ``state sponsor of international terrorism'' means
            those countries that have been determined by the
            Secretary of State, for the purposes of section 40 of
            the Arms Export Control Act, section 620A of the
            Foreign Assistance Act of 1961, or section 6(j) of the
            Export Administration Act of 1979, to have repeatedly
            provided support for acts of international terrorism.

    SEC. 1314.\1\ AUTHORITY TO REDUCE THE RUSSIAN FEDERATION'S SOVIET-ERA
                        DEBT OBLIGATIONS TO THE UNITED STATES.

        (a) Authority To Reduce Debt.--
              (1) In general.--Upon the entry into force of a
            Russian Federation Nonproliferation Investment
            Agreement, the President may reduce amounts of Soviet-
            era debt owed by the Russian Federation to the United
            States (or any agency or instrumentality of the United
            States) that are outstanding as of the last day of the
            fiscal year preceding the fiscal year for which
            appropriations are available for the reduction of debt,
            in accordance with this subtitle.
              (2) Limitation.--The authority provided by paragraph
            (1) shall be available only to the extent that
            appropriations for the cost (as defined in section
            502(5) of the Federal Credit Reform Act of 1990) of
            reducing any debt pursuant to such subsection are made
            in advance.
              (3) Supersedes existing law.--The authority provided
            by paragraph (1) may be exercised notwithstanding
            section 620(r) of the Foreign Assistance Act of 1961
            (22 U.S.C. 2370(r)) or section 321 of the International
            Development and Food Assistance Act of 1975.
        (b) Implementation.--
              (1) Delegation of authority.--The President may
            delegate any authority conferred upon the President in
            this subtitle to the Secretary of State.
              (2) Establishment of terms and conditions.--
            Consistent with this subtitle, the President shall
            establish the terms and conditions under which loans
            and credits may be reduced pursuant to subsection (a).
              (3) Implementation.--In exercising the authority of
            subsection (a), the President--
                      (A) shall notify--
                              (i) the Department of State, with
                            respect to obligations of the former
                            Soviet Union under the Lend Lease Act
                            of 1941; and
                              (ii) the Commodity Credit
                            Corporation, with respect to
                            obligations of the former Soviet Union
                            under the Commodity Credit Corporation
                            Act;
                      (B) shall direct the cancellation of old
                    obligations and the substitution of new
                    obligations consistent with the Russian
                    Federation Nonproliferation Investment
                    Agreement; and
                      (C) shall direct the appropriate agency to
                    make an adjustment in the relevant accounts to
                    reflect the new debt treatment.
              (4) Deposit of repayments.--All repayments of
            outstanding loan amounts under subsection (a) that are
            not designated under a Russian Federation
            Nonproliferation Investment Agreement shall be
            deposited in the United States Government accounts
            established for repayments of the original obligations.
              (5) Not treated as foreign assistance.--Any reduction
            of Soviet-era debt pursuant to this subtitle shall not
            be considered assistance for the purposes of any
            provision of law limiting assistance to a country.
        (c) Authorization of Appropriation.--
              (1) In general.--For the cost (as defined in section
            502(5) of the Federal Credit Reform Act of 1990) of
            modifying any Soviet-era debt obligation pursuant to
            subsection (a), there are authorized to be appropriated
            to the President such sums as may be necessary.
              (2) Availability of funds.--Amounts appropriated
            pursuant to paragraph (1) are authorized to remain
            available until expended.

    SEC. 1315.\1\ RUSSIAN FEDERATION NONPROLIFERATION INVESTMENT AGREEMENT.

        (a) In General.--
              (1) In general.--The President is authorized to enter
            into an agreement with the Russian Federation under
            which an amount equal to the value of the debt reduced
            pursuant to section 1314 will be used to promote the
            nonproliferation ofweapons of mass destruction and the
            means of delivering such weapons. An agreement entered
            into under this section may be referred to as the
            ``Russian Federation Nonproliferation Investment
            Agreement''.
              (2) Congressional notification.--The President shall
            notify the appropriate congressional committees at
            least 15 days in advance of the United States entering
            into a Russian Federation Nonproliferation Investment
            Agreement.
        (b) Content of the Agreement.--The Russian Federation
    Nonproliferation Investment Agreement shall ensure that--
              (1) an amount equal to the value of the debt reduced
            pursuant to this subtitle will be made available by the
            Russian Federation for agreed nonproliferation programs
            and projects;
              (2) each program or project funded pursuant to the
            Agreement will be approved by the President;
              (3) the administration and oversight of
            nonproliferation programs and projects will incorporate
            best practices from established threat reduction and
            nonproliferation assistance programs;
              (4) each program or project funded pursuant to the
            Agreement will be subject to monitoring and audits
            conducted by or for the United States Government to
            confirm that agreed funds are expended on agreed
            projects and meet agreed targets and benchmarks;
              (5) unobligated funds for investments pursuant to the
            Agreement will not be diverted to other purposes;
              (6) funds allocated to programs and projects pursuant
            to the Agreement will not be subject to any taxation by
            the Russian Federation;
              (7) all matters relating to the intellectual property
            rights and legal liabilities of United States firms in
            any project will be agreed upon before the expenditure
            of funds would be authorized for that project; and
              (8) not less than 75 percent of the funds made
            available for each nonproliferation program or project
            under the Agreement will be spent in the Russian
            Federation.
        (c) Use of Existing Mechanisms.--It is the sense of
    Congress that, to the extent practicable, the boards and
    administrative mechanisms of existing threat reduction and
    nonproliferation programs should be used in the administration
    and oversight of programs and projects under the Agreement.
        (d) Joint Auditing.--It is the sense of Congress that the
    United States and the Russian Federation should consider
    commissioning the United States General Accounting Office and
    the Russian Chamber of Accounts to conduct joint audits to
    ensure that the funds saved by the Russian Federation as a
    result of any debt reduction are used exclusively, efficiently,
    and effectively to implement agreed programs or projects
    pursuant to the Agreement.
        (e) Structure of the Agreement.--It is the sense of
    Congress that the Agreement should provide for significant
    penalties--
              (1) if funds obligated for approved programs or
            projects are determined to have been misappropriated;
            and
              (2) if the President is unable to make the
            certification required by section 1317(a) for two
            consecutive years.

    SEC. 1316.\1\ INDEPENDENT MEDIA AND THE RULE OF LAW.

        Notwithstanding section 1315 (a)(1) and (b)(1), up to 10
    percent of the amount equal to the value of the debt reduced
    pursuant to this subtitle may be used to promote a vibrant,
    independent media sector and the rule of law in the Russian
    Federation through an endowment to support the establishment of
    a ``Center for an Independent Press and the Rule of Law'' in
    the Russian Federation, which shall be directed by a joint
    United States-Russian Board of Directors in which the majority
    of members, including the chairman, shall be United States
    personnel, and which shall be responsible for management of the
    endowment, its funds, and the Center's programs.

    SEC. 1317.\1\ RESTRICTION ON DEBT REDUCTION AUTHORITY.

        (a) Proliferation to State Sponsors of Terrorism.--Subject
    to the provisions of subsection (c), the debt reduction
    authority provided by section 1314 may not be exercised unless
    and until the President certifies to the appropriate
    congressional committees that the Russian Federation has made
    material progress in stemming the flow of sensitive goods,
    technologies, material, and know-how related to the design,
    development, and production of weapons of mass destruction and
    the means to deliver them to state sponsors of international
    terrorism.
        (b) Annual Determination.--If, in any annual report to
    Congress submitted pursuant to section 1321, the President
    cannot certify that the Russian Federation continues to meet
    the condition required in subsection (a), then, subject to the
    provisions of subsection (c), the debt reduction authority
    provided by section 1314 may not be exercised unless and until
    such certification is made to the appropriate congressional
    committees.
        (c) Presidential Waiver.--The President may waive the
    requirements of subsection (a) or (b) for a fiscal year if the
    President--
              (1) determines that application of the subsection for
            a fiscal year would be counter to the national interest
            of the United States; and
              (2) so reports to the appropriate congressional
            committees.

    SEC. 1318.\1\ DISCUSSION OF RUSSIAN FEDERATION DEBT REDUCTION FOR
                        NONPROLIFERATION WITH OTHER CREDITOR STATES.

        It is the sense of Congress that the President and such
    other appropriate officials as the President may designate
    should pursue discussions with other creditor states with the
    objectives of--
              (1) ensuring that other advanced industrial
            democracies, especially the largest holders of Soviet-
            era Russian debt, dedicate significant proportions of
            their bilateral official debt with the Russian
            Federation or equivalent amounts of direct assistance
            to the G-8 Global Partnership against the Spread of
            Weapons and Materials of Mass Destruction, as agreed
            upon in the Statement by G-8 Leaders on June 27, 2002;
            and
              (2) reaching agreement, as appropriate, to establish
            a unified Russian Federation official debt reduction
            fund to manage and provide financial transparency for
            the resources provided by creditor states through debt
            reductions.

    SEC. 1319.\1\ IMPLEMENTATION OF UNITED STATES POLICY.

        It is the sense of Congress that implementation of debt-
    for-nonproliferation programs with the Russian Federation
    should be overseen by the coordinating mechanism established
    pursuant to section 1334 of this Act.

    SEC. 1320.\1\ CONSULTATIONS WITH CONGRESS.

        The President shall consult with the appropriate
    congressional committees on a periodic basis to review the
    implementation of this subtitle and the Russian Federation's
    eligibility for debt reduction pursuant to this subtitle.

    SEC. 1321.\1\ ANNUAL REPORTS TO CONGRESS.

        Not later than December 31, 2003, and not later than
    December 31 of each year thereafter, the President shall
    prepare and transmit to Congress a report concerning actions
    taken to implement this subtitle during the fiscal year
    preceding the fiscal year in which the report is transmitted.
    The report on a fiscal year shall include--
              (1) a description of the activities undertaken
            pursuant to this subtitle during the fiscal year;
              (2) a description of the nature and amounts of the
            loans reduced pursuant to this subtitle during the
            fiscal year;
              (3) a description of any agreement entered into under
            this subtitle;
              (4) a description of the progress during the fiscal
            year of any projects funded pursuant to this subtitle;
              (5) a summary of the results of relevant audits
            performed in the fiscal year; and
              (6) a certification, if appropriate, that the Russian
            Federation continued to meet the condition required by
            section 1317(a), and an explanation of why the
            certification was or was not made.
            e. Nonproliferation Assistance Coordination Act of 2002

      Partial text of Public Law 107-228 [Foreign Relations Authorization
     Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
                                    30, 2002

              * * * * * * *

           TITLE XIII--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE

              * * * * * * *

              Subtitle C--Nonproliferation Assistance Coordination

    SEC. 1331.\1\ SHORT TITLE.

        This subtitle may be cited as the ``Nonproliferation
    Assistance Coordination Act of 2002''.
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 2301 note.
    ---------------------------------------------------------------------------

    SEC. 1332.\2\ FINDINGS.

        Congress finds that--
    ---------------------------------------------------------------------------
        \2\ 50 U.S.C. 2357.
    ---------------------------------------------------------------------------
              (1) United States nonproliferation efforts in the
            independent states of the former Soviet Union have
            achieved important results in ensuring that weapons of
            mass destruction, weapons-usable material and
            technology, and weapons-related knowledge remain beyond
            the reach of terrorists and weapons-proliferating
            states;
              (2) although these efforts are in the United States
            national security interest, the effectiveness of these
            efforts has suffered from a lack of coordination within
            and among United States Government agencies;
              (3) increased spending and investment by the United
            States private sector on nonproliferation efforts in
            the independent states of the former Soviet Union,
            specifically, spending and investment by the United
            States private sector in job creation initiatives and
            proposals for unemployed Russian Federation weapons
            scientists and technicians, are making an important
            contribution in ensuring that knowledge related to
            weapons of mass destruction remains beyond the reach of
            terrorists and weapons-proliferating states; and
              (4) increased spending and investment by the United
            States private sector on nonproliferation efforts in
            the independent states of the former Soviet Union make
            advisable the establishment of a coordinating body to
            ensure that United States public and private efforts
            are not in conflict, and to ensure that public spending
            on efforts by the independent states of the former
            Soviet Union is maximized to ensure efficiency and
            further United States national security interests.

    SEC. 1333.\3\ DEFINITIONS.

        (a) Independent States of the Former Soviet Union.--In this
    subtitle, the term ``independent states of the former Soviet
    Union'' has the meaning given the term in section 3 of the
    FREEDOM Support Act (22 U.S.C. 5801).
    ---------------------------------------------------------------------------
        \3\ 50 U.S.C. 2357a.
    ---------------------------------------------------------------------------
        (b) Appropriate Committees of Congress.--In this subtitle,
    the term ``the appropriate committees of Congress'' means the
    Committees on Foreign Relations, Armed Services, and
    Appropriations of the Senate and the Committees on
    International Relations, Armed Services, and Appropriations of
    the House of Representatives.

    SEC. 1334.\4\ ESTABLISHMENT OF COMMITTEE ON NONPROLIFERATION
                        ASSISTANCE.

        (a) In General.--The President shall establish a mechanism
    to coordinate, with the maximum possible effectiveness and
    efficiency, the efforts of United States Government departments
    and agencies engaged in formulating policy and carrying out
    programs for achieving nonproliferation and threat reduction.
    ---------------------------------------------------------------------------
        \4\ 50 U.S.C. 2357b.
    ---------------------------------------------------------------------------
        (b) Membership.--The coordination mechanism established
    pursuant to subsection (a) shall include--
              (1) representatives designated by--
                      (A) the Secretary of State;
                      (B) the Secretary of Defense;
                      (C) the Secretary of Energy;
                      (D) the Secretary of Commerce;
                      (E) the Attorney General; and
                      (F) the Director of the Office of Homeland
                    Security, or the head of a successor department
                    or agency; and
              (2) such other executive branch officials as the
            President may select.
        (c) Level of Representation.--To the maximum extent
    possible, each department or agency's representative designated
    pursuant to subsection (b)(1) shall be an official of that
    department or agency who has been appointed by the President
    with the advice and consent of the Senate.
        (d) Chair.--The President shall designate an official to
    direct the coordination mechanism established pursuant to
    subsection (a). The official so designated may invite the head
    of any other department or agency of the United States to
    designate a representative of that department or agency to
    participate from time to time in the activities of the
    Committee.

    SEC. 1335.\5\ PURPOSES AND AUTHORITY.

        (a) Purposes.--
              (1) In general.--The primary purpose of the
            coordination mechanism established pursuant to section
            1334 of this Act should be--
    ---------------------------------------------------------------------------
        \5\ 50 U.S.C. 2357c.
    ---------------------------------------------------------------------------
                      (A) to exercise continuing responsibility for
                    coordinating worldwide United States
                    nonproliferation and threat reduction efforts
                    to ensure that they effectively implement
                    United States policy; and
                      (B) to enhance the ability of participating
                    departments and agencies to anticipate growing
                    nonproliferation areas of concern.
              (2) Program monitoring and coordination.--The
            coordination mechanism established pursuant to section
            1334 of this Act should have primary continuing
            responsibility within the executive branch of the
            Government for--
                      (A) United States nonproliferation and threat
                    reduction efforts, and particularly such
                    efforts in the independent states of the former
                    Soviet Union; and
                      (B) coordinating the implementation of United
                    States policy with respect to such efforts.
        (b) Authority.--In carrying out the responsibilities
    described in subsection (a), the coordination mechanism
    established pursuant to section 1334 of this Act should have,
    at a minimum, the authority to--
              (1) establish such subcommittees and working groups
            as it deems necessary;
              (2) direct the preparation of analyses on issues and
            problems relating to coordination within and among
            United States departments and agencies on
            nonproliferation and threat reduction efforts;
              (3) direct the preparation of analyses on issues and
            problems relating to coordination between the United
            States public and private sectors on nonproliferation
            and threat reduction efforts, including coordination
            between public and private spending on nonproliferation
            and threat reduction programs and coordination between
            public spending and private investment in defense
            conversion activities of the independent states of the
            former Soviet Union;
              (4) provide guidance on arrangements that will
            coordinate, deconflict, and maximize the utility of
            United States public spending on nonproliferation and
            threat reduction programs, and particularly such
            efforts in the independent states of the former Soviet
            Union;
              (5) encourage companies and nongovernmental
            organizations involved in nonproliferation efforts of
            the independent states of the former Soviet Union or
            other countries of concern to voluntarily report these
            efforts to it;
              (6) direct the preparation of analyses on issues and
            problems relating to the coordination between the
            United States and other countries with respect to
            nonproliferation efforts, and particularly such efforts
            in the independent states of the former Soviet Union;
            and
              (7) consider, and make recommendations to the
            President with respect to, proposals for such new
            legislation or regulations relating to United States
            nonproliferation efforts as may be necessary.

    SEC. 1336.\6\ ADMINISTRATIVE SUPPORT.

        All United States departments and agencies shall provide,
    to the extent permitted by law, such information and assistance
    as may be requested by the coordination mechanism established
    pursuant to section 1334 of this Act, in carrying out its
    functions and activities under this subtitle.
    ---------------------------------------------------------------------------
        \6\ 50 U.S.C. 2357d.
    ---------------------------------------------------------------------------

    SEC. 1337.\7\ CONFIDENTIALITY OF INFORMATION.

        Information which has been submitted to or received by the
    coordination mechanism established pursuant to section 1334 of
    this Act in confidence shall not be publicly disclosed, except
    to the extent required by law, and such information shall be
    used by it only for the purpose of carrying out the functions
    set forth in this subtitle.
    ---------------------------------------------------------------------------
        \7\ 50 U.S.C. 2357e.
    ---------------------------------------------------------------------------

    SEC. 1338.\8\ STATUTORY CONSTRUCTION.

        Nothing in this subtitle--
    ---------------------------------------------------------------------------
        \8\ 50 U.S.C. 2357f.
    ---------------------------------------------------------------------------
              (1) applies to the data-gathering, regulatory, or
            enforcement authority of any existing United States
            department or agency over nonproliferation efforts in
            the independent states of the former Soviet Union, and
            the review of those efforts undertaken by the
            coordination mechanism established pursuant to section
            1334 of this Act shall not in any way supersede or
            prejudice any other process provided by law; or
              (2) applies to any activity that is reportable
            pursuant to title V of the National Security Act of
            1947 (50 U.S.C. 413 et seq.).

    SEC. 1339.\9\ REPORTING AND CONSULTATION.

        (a) Presidential Report.--Not later than 120 days after
    each inauguration of a President, the President shall submit a
    report to the Congress on his general and specific
    nonproliferation and threat reduction objectives and how the
    efforts of executive branch agencies will be coordinated most
    effectively, pursuant to section 1334 of this Act, to achieve
    those objectives.
    ---------------------------------------------------------------------------
        \9\ 50 U.S.C. 2357g.
    ---------------------------------------------------------------------------
        (b) Consultation.--The President should consult with and
    brief, from time to time, the appropriate committees of
    Congress regarding the efficacy of the coordination mechanism
    established pursuant to section 1334 of this Act in achieving
    its stated objectives.
              f. Iran Nuclear Proliferation Prevention Act of 2002

      Partial text of Public Law 107-228 [Foreign Relations Authorization
     Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
                                    30, 2002

              * * * * * * *

           TITLE XIII--NONPROLIFERATION AND EXPORT CONTROL ASSISTANCE

              * * * * * * *

         Subtitle D--Iran Nuclear Proliferation Prevention Act of 2002

    SEC. 1341.\1\ SHORT TITLE.

        This subtitle may be cited as the ``Iran Nuclear
    Proliferation Prevention Act of 2002''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2021 note.
    ---------------------------------------------------------------------------

    SEC. 1342. WITHHOLDING OF VOLUNTARY CONTRIBUTIONS TO THE INTERNATIONAL
                        ATOMIC ENERGY AGENCY FOR PROGRAMS AND PROJECTS IN
                        IRAN.

        Section 307 of the Foreign Assistance Act of 1961 (22
    U.S.C. 2227) is amended * * *

    SEC. 1343.\2\ ANNUAL REVIEW BY SECRETARY OF STATE OF PROGRAMS AND
                        PROJECTS OF THE INTERNATIONAL ATOMIC ENERGY AGENCY;
                        UNITED STATES OPPOSITION TO CERTAIN PROGRAMS AND
                        PROJECTS OF THE AGENCY.

        (a) Annual Review.--
              (1) In general.--The Secretary shall undertake a
            comprehensive annual review of all programs and
            projects of the International Atomic Energy Agency
            (IAEA) in the countries described in section 307(a) of
            the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a))
            and shall determine if such programs and projects are
            consistent with United States nuclear nonproliferation
            and safety goals.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2027.
    ---------------------------------------------------------------------------
              (2) Report.--Not later than one year after the date
            of enactment of this Act, and on an annual basis
            thereafter for five years, the Secretary shall submit
            to Congress a report containing the results of the
            review under paragraph (1).
        (b) Opposition to Certain Programs and Projects of
    International Atomic Energy Agency.--The Secretary shall direct
    the United States representative to the International Atomic
    Energy Agency to oppose programs of the Agency that are
    determined by the Secretary under the review conducted under
    subsection (a)(1) to be inconsistent with nuclear
    nonproliferation and safety goals of the United States.

    SEC. 1344.\1\ REPORTING REQUIREMENTS.

        (a) In General.--Not later than 180 days after the date of
    enactment of this Act, and on an annual basis thereafter for
    five years, the Secretary, in consultation with the United
    States representative to the International Atomic Energy
    Agency, shall prepare and submit to Congress a report that
    contains--
              (1) a description of the total amount of annual
            assistance to Iran from the International Atomic Energy
            Agency;
              (2) a list of Iranian officials in leadership
            positions at the Agency;
              (3) the expected timeframe for the completion of the
            nuclear power reactors at the Bushehr nuclear power
            plant;
              (4) a summary of the nuclear materials and technology
            transferred to Iran from the Agency in the preceding
            year that could assist in the development of Iran's
            nuclear weapons program; and
              (5) a description of all programs and projects of the
            International Atomic Energy Agency in each country
            described in section 307(a) of the Foreign Assistance
            Act of 1961 (22 U.S.C. 2227(a)) and any inconsistencies
            between the technical cooperation and assistance
            programs and projects of the Agency and United States
            nuclear nonproliferation and safety goals in those
            countries.
        (b) Additional Requirement.--The report required to be
    submitted under subsection (a) shall be submitted in an
    unclassified form, to the extent appropriate, but may include a
    classified annex.

    SEC. 1345. SENSE OF CONGRESS.

        It is the sense of Congress that the President should
    pursue internal reforms at the International Atomic Energy
    Agency that will ensure that all programs and projects funded
    under the Technical Cooperation and Assistance Fund of the
    Agency are compatible with United States nuclear
    nonproliferation policy and international nuclear
    nonproliferation norms.
       g. Miscellaneous Nonproliferation Provisions in Foreign Relations
                      Authorization Act, Fiscal Year 2003

      Partial text of Public Law 107-228 [Foreign Relations Authorization
     Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
                                    30, 2002

      AN ACT To authorize appropriations for the Department of State for
      fiscal year 2003, to authorize appropriations under the Arms Export
        Control Act and the Foreign Assistance Act of 1961 for security
            assistance for fiscal year 2003, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Foreign Relations
    Authorization Act, Fiscal Year 2003''.
              * * * * * * *

                      TITLE XVI--MISCELLANEOUS PROVISIONS

    SEC. 1601. NUCLEAR AND MISSILE NONPROLIFERATION IN SOUTH ASIA.

        (a) United States Policy.--It shall be the policy of the
    United States, consistent with its obligations under the Treaty
    on the Non-Proliferation of Nuclear Weapons (21 U.S.T. 483), to
    encourage and work with the governments of India and Pakistan
    to achieve the following objectives by September 30, 2003:
              (1) Continuation of a nuclear testing moratorium.
              (2) Commitment not to deploy nuclear weapons.
              (3) Commitment not to deploy ballistic missiles that
            can carry nuclear weapons and to restrain the ranges
            and types of missiles developed or deployed.
              (4) Agreement by both governments to bring their
            export controls in accord with the guidelines and
            requirements of the Nuclear Suppliers Group.
              (5) Agreement by both governments to bring their
            export controls in accord with the guidelines and
            requirements of the Zangger Committee.
              (6) Agreement by both governments to bring their
            export controls in accord with the guidelines,
            requirements, and annexes of the Missile Technology
            Control Regime.
              (7) Establishment of a modern, effective system to
            control the export of sensitive dual-use items,
            technology, technical information, and materiel that
            can be used in the design, development, or production
            of weapons of mass destruction and ballistic missiles.
              (8) Conduct of bilateral meetings between Indian and
            Pakistani senior officials to discuss security issues
            and establish confidence-building measures with respect
            to nuclear policies and programs.
        (b) Further United States Policy.--It shall also be the
    policy of the United States, consistent with its obligations
    under the Treaty on the Nonproliferation of Nuclear Weapons (21
    U.S.T. 483), to encourage, and, where appropriate, to work
    with, the Governments of India and Pakistan to achieve not
    later than September 30, 2003, the establishment by those
    governments of modern, effective systems to protect and secure
    their nuclear devices and materiel from unauthorized use,
    accidental employment, or theft. Any such dialogue with India
    or Pakistan would not be represented or considered, nor would
    it be intended, as granting any recognition to India or
    Pakistan, as appropriate, as a nuclear weapon state (as defined
    in the Treaty on the Non-Proliferation of Nuclear Weapons).
        (c) Report.--Not later than March 1, 2003, the President
    shall submit to the appropriate congressional committees a
    report describing United States efforts to achieve the
    objectives listed in subsections (a) and (b), the progress made
    toward the achievement of those objectives, and the likelihood
    that each objective will be achieved by September 30, 2003.

    SEC. 1602.\1\ REAL-TIME PUBLIC AVAILABILITY OF RAW SEISMOLOGICAL DATA.

        The head of the Air Force Technical Applications Center
    shall make available to the public, immediately upon receipt or
    as soon after receipt as is practicable, all raw seismological
    data provided to the United States Government by any
    international monitoring organization that is directly
    responsible for seismological monitoring.
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 7704 note.
    ---------------------------------------------------------------------------

    SEC. 1603. DETAILING UNITED STATES GOVERNMENTAL PERSONNEL TO
                        INTERNATIONAL ARMS CONTROL AND NONPROLIFERATION
                        ORGANIZATIONS.

        (a) In General.--The Secretary, in consultation with the
    Secretaries of Defense and Energy and the heads of other
    relevant United States departments and agencies, as
    appropriate, should develop measures to improve the process by
    which United States Government personnel may be detailed to
    international arms control and nonproliferation organizations
    without adversely affecting the pay or career advancement of
    such personnel.
        (b) Report Required.--Not later than May 1, 2003, the
    Secretary shall submit a report to the Committee on Foreign
    Relations of the Senate and the Committee on International
    Relations of the House of Representatives setting forth the
    measures taken under subsection (a).

    SEC. 1604.\2\ DIPLOMATIC PRESENCE OVERSEAS.

        (a) Purpose.--The purpose of this section is to--
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2655b.
    ---------------------------------------------------------------------------
              (1) elevate the stature given United States
            diplomatic initiatives relating to nonproliferation and
            political-military issues; and
              (2) develop a group of highly specialized, technical
            experts with country expertise capable of administering
            the nonproliferation and political-military affairs
            functions of the Department.
        (b) Authority.--To carry out the purposes of subsection
    (a), the Secretary is authorized to establish the position of
    Counselor for Nonproliferation and Political Military Affairs
    in United States diplomatic missions overseas, to be filled by
    individuals who are career Civil Service officers or Foreign
    Service officers committed to follow-on assignments in the
    Nonproliferation Bureau or the Political Military Affairs
    Bureau of the Department.
        (c) Training.--After being selected to serve as Counselor,
    any person so selected shall spend not less than 10 months in
    language training courses at the Foreign Service Institute, or
    in technical courses administered by the Department of Defense,
    the Department of Energy, or other appropriate departments and
    agencies of the United States, except that such requirement for
    training may be waived by the Secretary.

    SEC. 1605. COMPLIANCE WITH THE CHEMICAL WEAPONS CONVENTION.

        (a) Findings.--Congress makes the following findings:
              (1) On April 24, 1997, the Senate provided its advice
            and consent to ratification of the Chemical Weapons
            Convention subject to the condition, among others, that
            the President certify that no sample collected in the
            United States pursuant to the Convention will be
            transferred for analysis to any laboratory outside the
            territory of the United States.
              (2) Congress enacted the same condition into law as
            section 304(f)(1) of the Chemical Weapons Convention
            Implementation Act of 1998 (22 U.S.C. 6724(f)(1)).
              (3) Part II, paragraph 57, of the Verification Annex
            of the Convention requires that all samples requiring
            off-site analysis under the Convention shall be
            analyzed by at least two laboratories that have been
            designated as capable of conducting such testing by the
            OPCW.
              (4) The only United States laboratory currently
            designated by the OPCW is the United States Army
            Edgewood Forensic Science Laboratory.
              (5) In order to comply with the Chemical Weapons
            Convention, the certification submitted pursuant to
            condition (18) of the resolution of ratification of the
            Chemical Weapons Convention, and the requirements of
            section 304(f)(1) of the Chemical Weapons Convention
            Implementation Act of 1998 (22 U.S.C. 6724(f)(1)), the
            United States must possess, at a minimum, a second
            OPCW-designated laboratory.
              (6) The possession of a second OPCW-designated
            laboratory is necessary in view of the potential for a
            challenge inspection to be initiated against the United
            States by a foreign nation.
              (7) The possession of a third OPCW-designated
            laboratory would enable the OPCW to implement its
            normal sample analysis procedures, which randomly
            assign real and manufactured samples so that no
            laboratory knows the origin of a given sample.
              (8) To qualify as a designated laboratory, a
            laboratory must be certified under ISO Guide 25 or a
            higher standard and complete three proficiency tests.
            The laboratory must have the full capability to handle
            substances listed on Schedule 1 of the Annex on
            Schedules of Chemicals of the Chemical Weapons
            Convention. In order to handle such substances in the
            United States, a laboratory also must operate under a
            bailment agreement with the United States Army.
              (9) Several existing United States commercial
            laboratories have approved quality control systems,
            already possess bailment agreements with the United
            States Army, and have the capabilities necessary to
            obtain OPCW designation.
              (10) In order to bolster the legitimacy of United
            States analysis of samples taken on its national
            territory, it is preferable that one designated
            laboratory not be a United States Government facility.
        (b) Establishment of Non-Governmental Designated
    Laboratory.--
              (1) Report.--Not later than March 1, 2003, the United
            States National Authority, as designated under section
            101 of the Chemical Weapons Convention Implementation
            Act of 1998 (22 U.S.C. 6711) (referred to in this
            section as the ``National Authority''), shall submit to
            the appropriate congressional committees a report
            detailing a plan for securing OPCW designation of a
            nongovernmental United States laboratory by December 1,
            2004.
              (2) Directive.--Not later than June 1, 2003, the
            National Authority shall select, through competitive
            procedures, a nongovernmental laboratory within the
            United States to pursue designation by the OPCW.
              (3) Delegation.--The National Authority may delegate
            the authority and administrative responsibility for
            carrying out paragraph (2) to one or more of the heads
            of the agencies described in section 101(b)(2) of the
            Chemical Weapons Convention Implementation Act of 1998
            (22 U.S.C. 6711(b)(2)).
        (c) Definitions.--In this section:
              (1) Chemical weapons convention or convention.--The
            term ``Chemical Weapons Convention'' or ``Convention''
            means the Convention on the Prohibition of Development,
            Production, Stockpiling and Use of Chemical Weapons and
            on Their Destruction, Opened for Signature and Signed
            by the United States at Paris on January 13, 1993,
            including the following protocols and memorandum of
            understanding:
                      (A) The Annex on Chemicals.
                      (B) The Annex on Implementation and
                    Verification.
                      (C) The Annex on the Protection of
                    Confidential Information.
                      (D) The Resolution Establishing the
                    Preparatory Commission for the Organization for
                    the Prohibition of Chemical Weapons.
                      (E) The Text on the Establishment of a
                    Preparatory Commission.
              (2) OPCW.--The term ``OPCW'' means the Organization
            for the Prohibition of Chemical Weapons established
            under the Convention.
                     h. Iran and Syria Nonproliferation Act

    Public Law 106-178 [Iran Nonproliferation Act of 2000; H.R. 1883], 114
      Stat. 38, approved March 14, 2000; as amended by Public Law 107-228
    [Foreign Relations Authorization Act, Fiscal Year 2003; H.R. 1646], 116
     Stat. 1350, approved September 30, 2002; and Public Law 109-112 [Iran
      Nonproliferation Amendments Act of 2005; S. 1713], 119 Stat. 2366,
                           approved November 22, 2005

     AN ACT To provide for the application of measures to foreign persons
     who transfer to Iran certain goods, services, or technology, and for
                                other purposes.

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Iran and Syria
    Nonproliferation Act''.\2\
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 1701 note.
        \2\ Sec. 4(e) of the Iran Nonproliferation Amendments Act of 2005
    (Public Law 109-112; 119 Stat. 2369) struck out ``Iran Nonproliferation
    Act of 2000'' and inserted in lieu thereof ``Iran and Syria
    Nonproliferation Act''.
    ---------------------------------------------------------------------------

    SEC. 2.\3\ REPORTS ON PROLIFERATION RELATING TO IRAN AND SYRIA. \4\

        (a) Reports.--The President shall, at the times specified
    in subsection (b), submit to the Committee on International
    Relations of the House of Representatives and the Committee on
    Foreign Relations of the Senate a report identifying every
    foreign person with respect to whom there is credible
    information indicating that that person, on or after January 1,
    1999, transferred to or acquired from \4\ Iran, or on or after
    January 1, 2005, transferred to or acquired from Syria \4\--
    ---------------------------------------------------------------------------
        \3\ Sec. 708 of the Security Assistance Act of 2000 (Public Law
    106-280; 116 Stat. 862) reads in part:
    ---------------------------------------------------------------------------

    ``sec. 708. space cooperation with russian persons.
    ---------------------------------------------------------------------------

        ``(a) Annual Certification.--
    ---------------------------------------------------------------------------

      ``(1) Requirement.--The President shall submit each year to the
    appropriate committees of Congress, with respect to each Russian person
    described in paragraph (2), a certification that the reports required to be
    submitted to Congress during the preceding calendar year under section 2 of
    the Iran Nonproliferation Act of 2000 (Public Law 106-178) do not identify
    that person on account of a transfer to Iran of goods, services, or
    technology described in section 2(a)(1)(B) of such Act.

      ``(2) * * *

      ``(3) Exemption.--No activity or transfer which specifically has been the
    subject of a Presidential determination pursuant to section 5(a)(1), (2),
    or (3) of the Iran Nonproliferation Act of 2000 (Public Law 106-178) shall
    cause a Russian person to be considered as having been identified in the
    reports submitted during the preceding calendar year under section 2 of
    that Act for the purposes of the certification required under paragraph
    (1).''.
    ---------------------------------------------------------------------------

        \4\ Sec. 4(a) of Public Law 109-112 (119 Stat. 2369) struck out
    ``to iran'' and inserted in lieu thereof ``relating to iran and syria''
    in the heading of sec. 2; inserted ``or acquired from'' after
    ``transferred to'' and ``, or on or after January 1, 2005, transferred
    to or acquired from Syria'' after ``Iran'' in sec. 2(a); and inserted
    ``or Syria, as the case may be,'' after ``Iran'' in sec. 2(a)(2).
    ---------------------------------------------------------------------------
              (1) goods, services, or technology listed on--
                      (A) the Nuclear Suppliers Group Guidelines
                    for the Export of Nuclear Material, Equipment
                    and Technology (published by the International
                    Atomic Energy Agency as Information Circular
                    INFCIRC/254/Rev.3/Part 1, and subsequent
                    revisions) and Guidelines for Transfers of
                    Nuclear-Related Dual-Use Equipment, Material,
                    and Related Technology (published by the
                    International Atomic Energy Agency as
                    Information Circular INFCIRC/254/Rev.3/Part 2,
                    and subsequent revisions);
                      (B) the Missile Technology Control Regime
                    Equipment and Technology Annex of June 11,
                    1996, and subsequent revisions;
                      (C) the lists of items and substances
                    relating to biological and chemical weapons the
                    export of which is controlled by the Australia
                    Group;
                      (D) the Schedule One or Schedule Two list of
                    toxic chemicals and precursors the export of
                    which is controlled pursuant to the Convention
                    on the Prohibition of the Development,
                    Production, Stockpiling and Use of Chemical
                    Weapons and on Their Destruction; or
                      (E) the Wassenaar Arrangement list of Dual
                    Use Goods and Technologies and Munitions list
                    of July 12, 1996, and subsequent revisions; or
              (2) goods, services, or technology not listed on any
            list identified in paragraph (1) but which nevertheless
            would be, if they were United States goods, services,
            or technology, prohibited for export to Iran or Syria,
            as the case may be,\4\ because of their potential to
            make a material contribution to the development of
            nuclear, biological, or chemical weapons, or of
            ballistic or cruise missile systems.
        (b) Timing of Reports.--The reports under subsection (a)
    shall be submitted not later than 90 days after the date of the
    enactment of this Act, not later than 6 months after such date
    of enactment, and not later than the end of each 6-month period
    thereafter.
        (c) Exceptions.--Any foreign person who--
              (1) was identified in a previous report submitted
            under subsection (a) on account of a particular
            transfer; or
              (2) has engaged in a transfer on behalf of, or in
            concert with, the Government of the United States, is
            not required to be identified on account of that same
            transfer in any report submitted thereafter under this
            section, except to the degree that new information has
            emerged indicating that the particular transfer may
            have continued, or been larger, more significant, or
            different in nature than previously reported under this
            section.
        (d) Submission in Classified Form.--When the President
    considers it appropriate, reports submitted under subsection
    (a), or appropriate parts thereof, may be submitted in
    classified form.
        (e) \5\ Content of Reports.--Each report under subsection
    (a) shall contain, with respect to each foreign person
    identified in such report, a brief description of the type and
    quantity of the goods, services, or technology transferred by
    that person to Iran, the circumstances surrounding the
    transfer, the usefulness of the transfer to Iranian weapons
    programs, and the probable awareness or lack thereof of the
    transfer on the part of the government with primary
    jurisdiction over the person.
    ---------------------------------------------------------------------------
        \5\ Sec. 1306(a) of the Foreign Relations Authorization Act, Fiscal
    Year 2003 (division B of Public Law 107-228; 116 Stat. 1438) added
    subsec. (e).
    ---------------------------------------------------------------------------

    SEC. 3. APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS.

        (a) Application of Measures.--Subject to sections 4 and 5,
    the President is authorized to apply with respect to each
    foreign person identified in a report submitted pursuant to
    section 2(a), for such period of time as he may determine, any
    or all of the measures described in subsection (b).
        (b) Description of Measures.--The measures referred to in
    subsection (a) are the following:
              (1) Executive order no. 12938 prohibitions.--The
            measures set forth in subsections (b) and (c) of
            section 4 of Executive Order No. 12938.
              (2) Arms export prohibition.--Prohibition on United
            States Government sales to that foreign person of any
            item on the United States Munitions List as in effect
            on August 8, 1995, and termination of sales to that
            person of any defense articles, defense services, or
            design and construction services under the Arms Export
            Control Act.
              (3) Dual use export prohibition.--Denial of licenses
            and suspension of existing licenses for the transfer to
            that person of items the export of which is controlled
            under the Export Administration Act of 1979 or the
            Export Administration Regulations.
        (c) Effective Date of Measures.--Measures applied pursuant
    to subsection (a) shall be effective with respect to a foreign
    person no later than--
              (1) 90 days after the report identifying the foreign
            person is submitted, if the report is submitted on or
            before the date required by section 2(b);
              (2) 90 days after the date required by section 2(b)
            for submitting the report, if the report identifying
            the foreign person is submitted within 60 days after
            that date; or
              (3) on the date that the report identifying the
            foreign person is submitted, if that report is
            submitted more than 60 days after the date required by
            section 2(b).
        (d) Publication in Federal Register.--The application of
    measures to a foreign person pursuant to subsection (a) shall
    be announced by notice published in the Federal Register.

    SEC. 4. PROCEDURES IF MEASURES ARE NOT APPLIED.

        (a) Requirement To Notify Congress.--Should the President
    not exercise the authority of section 3(a) to apply any or all
    of the measures described in section 3(b) with respect to a
    foreign person identified in a report submitted pursuant to
    section 2(a), he shall so notify the Committee on International
    Relations of the House of Representatives and the Committee on
    Foreign Relations of the Senate no later than the effective
    date under section 3(c) for measures with respect to that
    person.
        (b) Written Justification.--Any notification submitted by
    the President under subsection (a) shall include a written
    justification describing in detail the facts and circumstances
    relating specifically to the foreign person identified in a
    report submitted pursuant to section 2(a) that support the
    President's decision not to exercise the authority of section
    3(a) with respect to that person.
        (c) Submission in Classified Form.--When the President
    considers it appropriate, the notification of the President
    under subsection (a), and the written justification under
    subsection (b), or appropriate parts thereof, may be submitted
    in classified form.

    SEC. 5. DETERMINATION EXEMPTING FOREIGN PERSON FROM SECTIONS 3 AND 4.

        (a) In General.--Sections 3 and 4 shall not apply to a
    foreign person 15 days after the President reports to the
    Committee on International Relations of the House of
    Representatives and the Committee on Foreign Relations of the
    Senate that the President has determined, on the basis of
    information provided by that person, or otherwise obtained by
    the President, that--
              (1) the person did not, on or after January 1, 1999,
            knowingly transfer to or acquire from Iran or Syria, as
            the case may be,\6\ the goods, services, or technology
            the apparent transfer of which caused that person to be
            identified in a report submitted pursuant to section
            2(a);
    ---------------------------------------------------------------------------
        \6\ Sec. 4(b)(1) of the Iran Nonproliferation Amendments Act of
    2005 (Public Law 109-112; 119 Stat. 2369) struck out ``transfer to
    Iran'' and inserted in lieu thereof ``transfer to or acquire from Iran
    or Syria, as the case may be''.
    ---------------------------------------------------------------------------
              (2) the goods, services, or technology the transfer
            of which caused that person to be identified in a
            report submitted pursuant to section 2(a) did not
            materially contribute to the efforts of Iran or Syria,
            as the case may be,\7\ to develop nuclear, biological,
            or chemical weapons, or ballistic or cruise missile
            systems, or weapons listed on the Wassenaar Arrangement
            Munitions List of July 12, 1996, or any subsequent
            revision of that list \8\;
    ---------------------------------------------------------------------------
        \7\ Sec. 4(b)(2) of the Iran Nonproliferation Amendments Act of
    2005 (Public Law 109-112; 119 Stat. 2369) struck out ``Iran's efforts''
    and inserted in lieu thereof ``the efforts of Iran or Syria, as the
    case may be,''.
        \8\ Sec. 1306(b) of the Foreign Relations Authorization Act, Fiscal
    Year 2003 (division B of Public Law 107-228; 116 Stat. 1438) struck out
    ``systems'' in this subsection and inserted in lieu thereof ``systems,
    or weapons listed on the Wassenaar Arrangement Munitions List of July
    12, 1996, or any subsequent revision of that list''.
    ---------------------------------------------------------------------------
              (3) the person is subject to the primary jurisdiction
            of a government that is an adherent to one or more
            relevant nonproliferation regimes, the person was
            identified in a report submitted pursuant to section
            2(a) with respect to a transfer of goods, services, or
            technology described in section 2(a)(1), and such
            transfer was made consistent with the guidelines and
            parameters of all such relevant regimes of which such
            government is an adherent; or
              (4) the government with primary jurisdiction over the
            person has imposed meaningful penalties on that person
            on account of the transfer of the goods, services, or
            technology which caused that person to be identified in
            a report submitted pursuant to section 2(a).
        (b) Opportunity To Provide Information.--Congress urges the
    President--
              (1) in every appropriate case, to contact in a timely
            fashion each foreign person identified in each report
            submitted pursuant to section 2(a), or the government
            with primary jurisdiction over such person, in order to
            afford such person, or governments, the opportunity to
            provide explanatory, exculpatory, or other additional
            information with respect to the transfer that caused
            such person to be identified in a report submitted
            pursuant to section 2(a); and
              (2) to exercise the authority in subsection (a) in
            all cases where information obtained from a foreign
            person identified in a report submitted pursuant to
            section 2(a), or from the government with primary
            jurisdiction over such person, establishes that the
            exercise of such authority is warranted.
        (c) Submission in Classified Form.--When the President
    considers it appropriate, the determination and report of the
    President under subsection (a), or appropriate parts thereof,
    may be submitted in classified form.

    SEC. 6. RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE
                        INTERNATIONAL SPACE STATION.

        (a) Restriction on Extraordinary Payments in Connection
    With the International Space Station.--Notwithstanding any
    other provision of law, no agency of the United States
    Government may make extraordinary payments in connection with
    the International Space Station to the Russian Aviation and
    Space Agency, any organization or entity under the jurisdiction
    or control of the Russian Aviation and Space Agency, or any
    other organization, entity, or element of the Government of the
    Russian Federation, unless, during the fiscal year in which the
    extraordinary payments in connection with the International
    Space Station are to be made, the President has made the
    determination described in subsection (b), and reported such
    determination to the Committee on International Relations and
    the Committee on Science of the House of Representatives and
    the Committee on Foreign Relations and the Committee on
    Commerce, Science, and Transportation of the Senate.
        (b) Determination Regarding Russian Cooperation in
    Preventing Proliferation Relating to Iran and Syria.\9\--The
    determination referred to in subsection (a) is a determination
    by the President that--
    ---------------------------------------------------------------------------
        \9\ Sec. 4(c)(1) of the Iran Nonproliferation Amendments Act of
    2005 (Public Law 109-112; 119 Stat. 2369) struck out ``to Iran'' and
    inserted in lieu thereof ``Relating to Iran and Syria'' in this
    subsection.
    ---------------------------------------------------------------------------
              (1) it is the policy of the Government of the Russian
            Federation to oppose the proliferation to or from Iran
            and Syria \10\ of weapons of mass destruction and
            missile systems capable of delivering such weapons;
    ---------------------------------------------------------------------------
        \10\ Sec. 4(c)(2) of the Iran Nonproliferation Amendments Act of
    2005 (Public Law 109-112; 119 Stat. 2369) struck out ``to Iran'' in
    each place it appeared in sec. 6(b)(1) and (2) and inserted in lieu
    thereof ``to or from Iran and Syria''. Sec. 4(c)(3) of that Act struck
    out ``to Iran'' in sec. 6(b)(3) and inserted in lieu thereof ``to or
    from Iran or Syria''.
    ---------------------------------------------------------------------------
              (2) the Government of the Russian Federation
            (including the law enforcement, export promotion,
            export control, and intelligence agencies of such
            government) has demonstrated and continues to
            demonstrate a sustained commitment to seek out and
            prevent the transfer to or from Iran and Syria \10\ of
            goods, services, and technology that could make a
            material contribution to the development of nuclear,
            biological, or chemical weapons, or of ballistic or
            cruise missile systems; and
              (3) neither the Russian Aviation and Space Agency,
            nor any organization or entity under the jurisdiction
            or control of the Russian Aviation and Space Agency,
            has, during the 1-year period prior to the date of the
            determination pursuant to this subsection, made
            transfers to or from Iran or Syria \10\ reportable
            under section 2(a) of this Act (other than transfers
            with respect to which a determination pursuant to
            section 5 has been or will be made).
        (c) Prior Notification.--Not less than 5 days before making
    a determination under subsection (b), the President shall
    notify the Committee on International Relations and the
    Committee on Science of the House of Representatives and the
    Committee on Foreign Relations and the Committee on Commerce,
    Science, and Transportation of the Senate of his intention to
    make such determination.
        (d) Written Justification.--A determination of the
    President under subsection (b) shall include a written
    justification describing in detail the facts and circumstances
    supporting the President's conclusion.
        (e) Submission in Classified Form.--When the President
    considers it appropriate, a determination of the President
    under subsection (b), a prior notification under subsection
    (c), and a written justification under subsection (d), or
    appropriate parts thereof, may be submitted in classified form.
        (f) Exception for Crew Safety.--
              (1) Exception.--The National Aeronautics and Space
            Administration may make extraordinary payments that
            would otherwise be prohibited under this section to the
            Russian Aviation and Space Agency or any organization
            or entity under the jurisdiction or control of the
            Russian Aviation and Space Agency if the President has
            notified the Congress in writing that such payments are
            necessary to prevent the imminent loss of life by or
            grievous injury to individuals aboard the International
            Space Station.
              (2) Report.--Not later than 30 days after notifying
            Congress that the National Aeronautics and Space
            Administration will make extraordinary payments under
            paragraph (1), the President shall submit to Congress a
            report describing--
                      (A) the extent to which the provisions of
                    subsection (b) had been met as of the date of
                    notification; and
                      (B) the measures that the National
                    Aeronautics and Space Administration is taking
                    to ensure that--
                              (i) the conditions posing a threat of
                            imminent loss of life by or grievous
                            injury to individuals aboard the
                            International Space Station
                            necessitating the extraordinary
                            payments are not repeated; and
                              (ii) it is no longer necessary to
                            make extraordinary payments in order to
                            prevent imminent loss of life by or
                            grievous injury to individuals aboard
                            the International Space Station.
        (g) Service Module Exception.--(1) The National Aeronautics
    and Space Administration may make extraordinary payments that
    would otherwise be prohibited under this section to the Russian
    Aviation and Space Agency, any organization or entity under the
    jurisdiction or control of the Russian Aviation and Space
    Agency, or any subcontractor thereof for the construction,
    testing, preparation, delivery, launch, or maintenance of the
    Service Module, and for the purchase (at a total cost not to
    exceed $14,000,000) of the pressure dome for the Interim
    Control Module and the Androgynous Peripheral Docking Adapter
    and related hardware for the United States propulsion module,
    if--
              (A) the President has notified Congress at least 5
            days before making such payments;
              (B) no report has been made under section 2 with
            respect to an activity of the entity to receive such
            payment, and the President has no credible information
            of any activity that would require such a report; and
              (C) the United States will receive goods or services
            of value to the United States commensurate with the
            value of the extraordinary payments made.
        (2) For purposes of this subsection, the term
    ``maintenance'' means activities which cannot be performed by
    the National Aeronautics and Space Administration and which
    must be performed in order for the Service Module to provide
    environmental control, life support, and orbital maintenance
    functions which cannot be performed by an alternative means at
    the time of payment.
        (3) This subsection shall cease to be effective 60 days
    after a United States propulsion module is in place at the
    International Space Station.
        (h) Exception.--Notwithstanding subsections (a) and (b), no
    agency of the United States Government may make extraordinary
    payments in connection with the International Space Station, or
    any other payments in connection with the International Space
    Station,\11\ to any foreign person subject to measures applied
    pursuant to--
    ---------------------------------------------------------------------------
        \11\ Sec. 3(b) of the Iran Nonproliferation Amendments Act of 2005
    (Public Law 109-112; 119 Stat. 2368) inserted ``, or any other payments
    in connection with the International Space Station,''.
    ---------------------------------------------------------------------------
              (1) section 3 of this Act; or
              (2) section 4 of Executive Order No. 12938 (November
            14, 1994), as amended by Executive Order No. 13094
            (July 28, 1998).
    Such payments shall also not be made to any other entity if the
    agency of the United States Government anticipates that such
    payments will be passed on to such a foreign person.
        (i) \12\ Report on Certain Payments Related to
    International Space Station.--
    ---------------------------------------------------------------------------
        \12\ Sec. 3(c) of the Iran Nonproliferation Amendments Act of 2005
    (Public Law 109-112; 119 Stat. 2368) added subsec. (i).
    ---------------------------------------------------------------------------
              (1) In general.--The President shall, together with
            each report submitted under section 2(a), submit to the
            Committee on Foreign Relations of the Senate and the
            Committee on International Relations of the House of
            Representatives a report that identifies each Russian
            entity or person to whom the United States Government
            has, since the date of the enactment of the Iran
            Nonproliferation Amendments Act of 2005, made a payment
            in cash or in kind for work to be performed or services
            to be rendered under the Agreement Concerning
            Cooperation on the Civil International Space Station,
            with annex, signed at Washington January 29, 1998, and
            entered into force March 27, 2001, or any protocol,
            agreement, memorandum of understanding, or contract
            related thereto.
              (2) Content.--Each report submitted under paragraph
            (1) shall include--
                      (A) the specific purpose of each payment made
                    to each entity or person identified in the
                    report; and
                      (B) with respect to each such payment, the
                    assessment of the President that the payment
                    was not prejudicial to the achievement of the
                    objectives of the United States Government to
                    prevent the proliferation of ballistic or
                    cruise missile systems in Iran and other
                    countries that have repeatedly provided support
                    for acts of international terrorism, as
                    determined by the Secretary of State under
                    section 620A(a) of the Foreign Assistance Act
                    of 1961 (22 U.S.C. 2371(a)), section 6(j) of
                    the Export Administration Act of 1979 (50
                    U.S.C. App. 2405(j)), or section 40(d) of the
                    Arms Export Control Act (22 U.S.C. 2780(d)).

    SEC. 7. DEFINITIONS.

        For purposes of this Act, the following terms have the
    following meanings:
              (1) Extraordinary payments in connection with the
            international space station.--The term ``extraordinary
            payments in connection with the International Space
            Station'' means payments in cash or in kind made or to
            be made by the United States Government--
                      (A) for work on the International Space
                    Station which the Russian Government pledged at
                    any time to provide at its expense; or
                      (B) for work on the International Space
                    Station, or for the purchase of goods or
                    services relating to human space flight, that
                    are not required to be made under the terms of
                    a contract or other agreement that was in
                    effect on January 1, 1999, as those terms were
                    in effect on such date, except that such term
                    does not mean payments in cash or in kind made
                    or to be made by the United States Government
                    prior to January 1, 2012, for work to be
                    performed or services to be rendered prior to
                    that date necessary to meet United States
                    obligations under the Agreement Concerning
                    Cooperation on the Civil International Space
                    Station, with annex, signed at Washington
                    January 29, 1998, and entered into force March
                    27, 2001, or any protocol, agreement,
                    memorandum of understanding, or contract
                    related thereto.\13\
    ---------------------------------------------------------------------------
        \13\ Sec. 3(a) of the Iran Nonproliferation Amendments Act of 2005
    (Public Law 109-112; 119 Stat. 2368) struck out the period at the end
    of this subsection and inserted a comma in lieu thereof, and after the
    comma added the following: ``except that such term does not mean
    payments in cash or in kind made or to be made by the United States
    Government prior to January 1, 2012, for work to be performed or
    services to be rendered prior to that date necessary to meet United
    States obligations under the Agreement Concerning Cooperation on the
    Civil International Space Station, with annex, signed at Washington
    January 29, 1998, and entered into force March 27, 2001, or any
    protocol, agreement, memorandum of understanding, or contract related
    thereto.''.
    ---------------------------------------------------------------------------
              (2) Foreign person; person.--The terms ``foreign
            person'' and ``person'' mean--
                      (A) a natural person that is an alien;
                      (B) a corporation, business association,
                    partnership, society, trust, or any other
                    nongovernmental entity, organization, or group,
                    that is organized under the laws of a foreign
                    country or has its principal place of business
                    in a foreign country;
                      (C) any foreign government, including any
                    foreign governmental entity; and \14\
    ---------------------------------------------------------------------------
        \14\ Sec. 4(d)(1) of the Iran Nonproliferation Amendments Act of
    2005 (Public Law 109-112; 119 Stat. 2369) restated sec. 7(2)(C). This
    subparagraph read previously, ``(C) any foreign governmental entity
    operating as a business enterprise; and''. Sec. 4(d)(2) of that Act
    struck ``subparagraph (B) or (C)'' from sec. 7(2)(D) and inserted in
    lieu thereof ``subparagraph (A), (B), or (C), including any entity in
    which any entity described in any such subparagraph owns a controlling
    interest''.
    ---------------------------------------------------------------------------
                      (D) any successor, subunit, or subsidiary of
                    any entity described in subparagraph (A), (B),
                    or (C), including any entity in which any
                    entity described in any such subparagraph owns
                    a controlling interest.\14\
              (3) Executive order no. 12938.--The term ``Executive
            Order No. 12938'' means Executive Order No. 12938 as in
            effect on January 1, 1999.
              (4) Adherent to relevant nonproliferation regime.--A
            government is an ``adherent'' to a ``relevant
            nonproliferation regime'' if that government--
                      (A) is a member of the Nuclear Suppliers
                    Group with respect to a transfer of goods,
                    services, or technology described in section
                    2(a)(1)(A);
                      (B) is a member of the Missile Technology
                    Control Regime with respect to a transfer of
                    goods, services, or technology described in
                    section 2(a)(1)(B), or is a party to a binding
                    international agreement with the United States
                    that was in effect on January 1, 1999, to
                    control the transfer of such goods, services,
                    or technology in accordance with the criteria
                    and standards set forth in the Missile
                    Technology Control Regime;
                      (C) is a member of the Australia Group with
                    respect to a transfer of goods, services, or
                    technology described in section 2(a)(1)(C);
                      (D) is a party to the Convention on the
                    Prohibition of the Development, Production,
                    Stockpiling and Use of Chemical Weapons and on
                    Their Destruction with respect to a transfer of
                    goods, services, or technology described in
                    section 2(a)(1)(D); or
                      (E) is a member of the Wassenaar Arrangement
                    with respect to a transfer of goods, services,
                    or technology described in section 2(a)(1)(E).
              (5) Organization or entity under the jurisdiction or
            control of the russian aviation and space agency.--(A)
            The term ``organization or entity under the
            jurisdiction or control of the Russian Aviation and
            Space Agency'' means an organization or entity that--
                      (i) was made part of the Russian Space Agency
                    upon its establishment on February 25, 1992;
                      (ii) was transferred to the Russian Space
                    Agency by decree of the Russian Government on
                    July 25, 1994, or May 12, 1998;
                      (iii) was or is transferred to the Russian
                    Aviation and Space Agency or Russian Space
                    Agency by decree of the Russian Government at
                    any other time before, on, or after the date of
                    the enactment of this Act; or
                      (iv) is a joint stock company in which the
                    Russian Aviation and Space Agency or Russian
                    Space Agency has at any time held controlling
                    interest.
              (B) Any organization or entity described in
            subparagraph (A) shall be deemed to be under the
            jurisdiction or control of the Russian Aviation and
            Space Agency regardless of whether--
                      (i) such organization or entity, after being
                    part of or transferred to the Russian Aviation
                    and Space Agency or Russian Space Agency, is
                    removed from or transferred out of the Russian
                    Aviation and Space Agency or Russian Space
                    Agency; or
                      (ii) the Russian Aviation and Space Agency or
                    Russian Space Agency, after holding a
                    controlling interest in such organization or
                    entity, divests its controlling interest.
       i. National Security and Corporate Fairness Under the Biological
                             Weapons Convention Act

    Partial text of Public Law 106-113 [H.R. 3194], 113 Stat. 1501 at 1536,
                           approved November 29, 1999

              * * * * * * *
        Sec. 1000. (a) The provisions of the following bills are
    hereby enacted into law:
              (1)-(6) * * *
              (7) H.R. 3427 of the 106th Congress, as introduced on
            November 17, 1999;
              (8)-(9) * * *
              * * * * * * *

      A BILL To authorize appropriations for the Department of State for
    fiscal years 2000 and 2001; to provide for enhanced security at United
      States diplomatic facilities; to provide for certain arms control,
    nonproliferation, and other national security measures; to provide for
              reform of the United Nations; and for other purposes

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Admiral James W. Nance and
    Meg Donovan Foreign Relations Authorization Act, Fiscal Years
    2000 and 2001''.
              * * * * * * *

      DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE
                                   PROVISIONS

    SEC. 1001. SHORT TITLE.

        This division may be cited as the ``Arms Control,
    Nonproliferation, and Security Assistance Act of 1999''.
              * * * * * * *

                  TITLE XI--ARMS CONTROL AND NONPROLIFERATION

    SEC. 1101. SHORT TITLE.

        This title may be cited as the ``Arms Control and
    Nonproliferation Act of 1999''.
              * * * * * * *

                            Subtitle A--Arms Control

              * * * * * * *

      CHAPTER 2--MATTERS RELATING TO THE CONTROL OF BIOLOGICAL WEAPONS \1\

    SEC. 1121. SHORT TITLE.

        This chapter may be cited as the ``National Security and
    Corporate Fairness under the Biological Weapons Convention
    Act''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 5601 note.
    ---------------------------------------------------------------------------

    SEC. 1122. DEFINITIONS.

        In this chapter:
              (1) Biological weapons convention.--The term
            ``Biological Weapons Convention'' means the 1972
            Convention on the Prohibition of the Development,
            Production and Stockpiling of Bacteriological
            (Biological) and Toxin Weapons and on their
            Destruction.
              (2) Compliance protocol.--The term ``compliance
            protocol'' means that segment of a bilateral or
            multilateral agreement that enables investigation of
            questions of compliance entailing written data or
            visits to facilities to monitor compliance.
              (3) Industry.--The term ``industry'' means any
            corporate or private sector entity engaged in the
            research, development, production, import, and export
            of peaceful pharmaceuticals and bio-technological and
            related products.

    SEC. 1123. FINDINGS.

        Congress makes the following findings:
              (1) The threat of biological weapons and their
            proliferation is one of the greatest national security
            threats facing the United States.
              (2) The threat of biological weapons and materials
            represents a serious and increasing danger to people
            around the world.
              (3) Biological weapons are relatively inexpensive to
            produce, can be made with readily available expertise
            and equipment, do not require much space to make and
            can therefore be readily concealed, do not require
            unusual raw materials or materials not readily
            available for legitimate purposes, do not require the
            maintenance of stockpiles, or can be delivered with
            low-technology mechanisms, and can effect widespread
            casualties even in small quantities.
              (4) Unlike other weapons of mass destruction,
            biological materials capable of use as weapons can
            occur naturally in the environment and are also used
            for medicinal or other beneficial purposes.
              (5) Biological weapons are morally reprehensible,
            prompting the United States Government to halt its
            offensive biological weapons program in 1969,
            subsequently destroy its entire biological weapons
            arsenal, and maintain henceforth only a robust
            defensive capacity.
              (6) The Senate gave its advice and consent to
            ratification of the Biological Weapons Convention in
            1974.
              (7) The Director of the Arms Control and Disarmament
            Agency explained, at the time of the Senate's
            consideration of the Biological Weapons Convention,
            that the treaty contained no verification provisions
            because verification would be ``difficult''.
              (8) A compliance protocol has now been proposed to
            strengthen the 1972 Biological Weapons Convention.
              (9) The resources needed to produce, stockpile, and
            store biological weapons are the same as those used in
            peaceful industry facilities to discover, develop, and
            produce medicines.
              (10) The raw materials of biological agents are
            difficult to use as an indicator of an offensive
            military program because the same materials occur in
            nature or can be used to produce a wide variety of
            products.
              (11) Some biological products are genetically
            manipulated to develop new commercial products,
            optimizing production and ensuring the integrity of the
            product, making it difficult to distinguish between
            legitimate commercial activities and offensive military
            activities.
              (12) Only a small culture of a biological agent and
            some growth medium are needed to produce a large amount
            of biological agents with the potential for offensive
            purposes.
              (13) The United States pharmaceutical and
            biotechnology industries are a national asset and
            resource that contribute to the health and well-being
            of the American public as well as citizens around the
            world.
              (14) One bacterium strain can represent a large
            proportion of a company's investment in a
            pharmaceutical product and thus its potential loss
            during an arms control monitoring activity could
            conceivably be worth billions of dollars.
              (15) Biological products contain proprietary genetic
            information.
              (16) The proposed compliance regime for the
            Biological Weapons Convention entails new data
            reporting and investigation requirements for industry.
              (17) A compliance regime which contributes to the
            control of biological weapons and materials must have a
            reasonable chance of success in reducing the risk of
            production, stockpiling, or use of biological weapons
            while protecting the reputations, intellectual
            property, and confidential business information of
            legitimate companies.

    SEC. 1124. TRIAL INVESTIGATIONS AND TRIAL VISITS.

        (a) National Security Trial Investigations and Trial
    Visits.--The President shall conduct a series of national
    security trial investigations and trial visits, both during and
    following negotiations to develop a compliance protocol to the
    Biological Weapons Convention, with the objective of ensuring
    that the compliance procedures of the protocol are effective
    and adequately protect the national security of the United
    States. These trial investigations and trial visits shall be
    conducted at such sites as United States Government facilities,
    installations, and national laboratories.
        (b) United States Industry Trial Investigations and Trial
    Visits.--The President shall take all appropriate steps to
    conduct or sponsor a series of United States industry trial
    investigations and trial visits, both during and following
    negotiations to develop a compliance protocol to the Biological
    Weapons Convention, with the objective of ensuring that the
    compliance procedures of the protocol are effective and
    adequately protect the national security and the concerns of
    affected United States industries and research institutions.
    These trial investigations and trial visits shall be conducted
    at such sites as academic institutions, vaccine production
    facilities, and pharmaceutical and biotechnology firms in the
    United States.
        (c) Participation by Defense Department and Other
    Appropriate Personnel.--The Secretary of Defense and, as
    appropriate, the Director of the Federal Bureau of
    Investigation shall make available specialized personnel to
    participate--
              (1) in each trial investigation or trial visit
            conducted pursuant to subsection (a); and
              (2) in each trial investigation or trial visit
            conducted pursuant to subsection (b), except for any
            investigation or visit in which the host facility
            requests that such personnel not participate,
    for the purpose of assessing the information security
    implications of such investigation or visit. The Secretary of
    Defense, in coordination with the Director of the Federal
    Bureau of Investigation, shall add to the report required by
    subsection (d)(2) a classified annex containing an assessment
    of the risk to proprietary and classified information posed by
    any investigation or visit procedures in the compliance
    protocol.
        (d) Study.--
              (1) In general.--The President shall conduct a study
            on the need for investigations and visits under the
            compliance protocol to the Biological Weapons
            Convention, including--
                      (A) an assessment of risks to national
                    security and United States industry and
                    research institutions of such on-site
                    activities; and
                      (B) an assessment of the monitoring results
                    that can be expected from such investigations
                    and visits.
              (2) Report.--Not later than the date on which a
            compliance protocol to the Biological Weapons
            Convention is submitted to the Senate for its advice
            and consent to ratification, the President shall submit
            to the Committee on Foreign Relations of the Senate a
            report, in both unclassified and classified form,
            setting forth--
                      (A) the findings of the study conducted
                    pursuant to paragraph (1); and
                      (B) the results of trial investigations and
                    trial visits conducted pursuant to subsections
                    (a) and (b).

       Subtitle B--Nuclear Nonproliferation, Safety, and Related Matters

    SEC. 1131. CONGRESSIONAL NOTIFICATION OF NONPROLIFERATION ACTIVITIES.

        Section 602(c) of the Nuclear Non-Proliferation Act of 1978
    (22 U.S.C. 3282(c)) is amended to read as follows: * * *

    SEC. 1132.\2\ EFFECTIVE USE OF RESOURCES FOR NONPROLIFERATION PROGRAMS.

        (a) Prohibition.--Except as provided in subsection (b), no
    assistance may be provided by the United States Government to
    any person who is involved in the research, development,
    design, testing, or evaluation of chemical or biological
    weapons for offensive purposes.
    ---------------------------------------------------------------------------
        \2\ 50 U.S.C. 1526.
    ---------------------------------------------------------------------------
        (b) Exception.--The prohibition contained in subsection (a)
    shall not apply to any activity conducted pursuant to title V
    of the National Security Act of 1947 (50 U.S.C. 413 et seq.).

    SEC. 1133. DISPOSITION OF WEAPONS-GRADE MATERIAL.

        (a) Report on Reduction of the Stockpile.--Not later than
    120 days after signing an agreement between the United States
    and Russia for the disposition of excess weapons plutonium, the
    Secretary of Energy, with the concurrence of the Secretary of
    Defense, shall submit to the Committee on Foreign Relations and
    the Committee on Armed Services of the Senate and to the
    Committee on International Relations and the Committee on Armed
    Services of the House of Representatives a report--
              (1) detailing plans for United States implementation
            of such agreement;
              (2) identifying, in classified form, the number of
            United States warhead ``pits'' of each type deemed
            ``excess'' for the purpose of dismantlement or
            disposition; and
              (3) describing any implications this may have for the
            Stockpile Stewardship and Management Program.
        (b) Submission of the Fabrication Facility Agreement
    Pursuant to Law.--Whenever the President submits to Congress
    the agreement to establish a mixed oxide fuel fabrication or
    production facility in Russia pursuant to section 123 of the
    Atomic Energy Act of 1954 (42 U.S.C. 2153), it is the sense of
    the Congress that the Secretary of State should be prepared to
    certify to the Committee on Foreign Relations of the Senate and
    the Committee on International Relations of the House
    Representatives that--
              (1) arrangements for the establishment of that
            facility will further United States nuclear
            nonproliferation objectives and will outweigh the
            proliferation risks inherent in the use of mixed oxide
            fuel elements;
              (2) a guaranty has been given by Russia that no fuel
            elements produced, fabricated, reprocessed, or
            assembled at such facility, and no sensitive nuclear
            technology related to such facility, will be exported
            or supplied by Russia to any country in the event that
            the United States objects to such export or supply; and
              (3) a guaranty has been given by Russia that the
            facility and all nuclear materials and equipment
            therein, and any fuel elements or special nuclear
            material produced, fabricated, reprocessed, or
            assembled at that facility, including fuel elements
            exported or supplied by Russia to a third party, will
            be subject to international monitoring and transparency
            sufficient to ensure that special nuclear material is
            not diverted.
        (c) Definitions.--
              (1) Produced.--The terms ``produce'' and ``produced''
            have the same meaning that such terms are given under
            section 11 u. of the Atomic Energy Act of 1954.
              (2) Production facility.--The term ``production
            facility'' has the same meaning that such term is given
            under section 11 v. of the Atomic Energy Act of 1954.
              (3) Special nuclear material.--The term ``special
            nuclear material'' has the meaning that such term is
            given under section 11 aa. of the Atomic Energy Act of
            1954.

    SEC. 1134.\3\ PROVISION OF CERTAIN INFORMATION TO CONGRESS.

        (a) Requirement to Provide Information.--The head of each
    department and agency described in section 602(c) of the
    Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3282(c)) shall
    promptly provide information to the chairman and ranking
    minority member of the Committee on Foreign Relations of the
    Senate and the Committee on International Relations of the
    House of Representatives in meeting the requirements of
    subsection (c) or (d) of section 602 of such Act.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 3282 note.
    ---------------------------------------------------------------------------
        (b) Issuance of Directives.--Not later than February 1,
    2000, the Secretary of State, the Secretary of Defense, the
    Secretary of Commerce, the Secretary of Energy, the Director of
    Central Intelligence, and the Chairman of the Nuclear
    Regulatory Commission shall issue directives, which shall
    provide access to information, including information contained
    in special access programs, to implement their responsibilities
    under subsections (c) and (d) of section 602 of the Nuclear
    Non-Proliferation Act of 1978 (22 U.S.C. 3282(c) and (d)).
    Copies of such directives shall be forwarded promptly to the
    Committee on Foreign Relations of the Senate and the Committee
    on International Relations of the House of Representatives upon
    the issuance of the directives.

    SEC. 1135. AMENDED NUCLEAR EXPORT REPORTING REQUIREMENT.

        Section 1523 of the Strom Thurmond National Defense
    Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
    Stat. 2180; 42 U.S.C. 2155 note) is amended-- * * *

    SEC. 1136. ADHERENCE TO THE MISSILE TECHNOLOGY CONTROL REGIME.

        (a) Clarification of Requirement for Control.--Section 74
    of the Arms Export Control Act (22 U.S.C. 2797c) is amended-- *
    * *
        (b) Clarification of Applicability.--Section 73(b) of the
    Arms Export Control Act (22 U.S.C. 2797b(b)) is amended-- * * *
        (c) Enforcement Actions.--Section 73(c) of the Arms Export
    Control Act (22 U.S.C. 2797b(c)) is amended * * *
        (d) Policy Report.--Section 73A of the Arms Export Control
    Act (22 U.S.C. 2797b-1) is amended-- * * *
        (e) MTCR Defined.--The term ``MTCR'' means the Missile
    Technology Control Regime, as defined in section 74(a)(2) of
    the Arms Export Control Act (22 U.S.C. 2797c(a)(2)).

    SEC. 1137. AUTHORITY RELATING TO MTCR ADHERENTS.

        Chapter 7 of the Arms Export Control Act (22 U.S.C. 2797 et
    seq.) is amended by inserting after section 73A the following
    new section: * * *

    SEC. 1138.\4\ TRANSFER OF FUNDING FOR SCIENCE AND TECHNOLOGY CENTERS IN
                        THE FORMER SOVIET UNION.

        (a) Authorization.--For fiscal year 2001 and subsequent
    fiscal years, funds made available under ``Nonproliferation,
    Antiterrorism, Demining, and Related Programs'' accounts in
    annual foreign operations appropriations Acts are authorized to
    be available for science and technology centers in the
    independent states of the former Soviet Union assisted under
    section 503(a)(5) of the FREEDOM Support Act (22 U.S.C.
    5853(a)(5)) or section 1412(b)(5) of the Former Soviet Union
    Demilitarization Act of 1992 (title XIV of Public Law 102-484;
    22 U.S.C. 5901 et seq.), including the use of those and other
    funds by any Federal agency having expertise and programs
    related to the activities carried out by those centers,
    including the Departments of Agriculture, Commerce, and Health
    and Human Services and the Environmental Protection Agency.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 5853 note.
    ---------------------------------------------------------------------------
        (b) Availability of Funds.--Amounts made available under
    any provision of law for the activities described in subsection
    (a) shall be available until expended and may be used
    notwithstanding any other provision of law.

    SEC. 1139.\4\ RESEARCH AND EXCHANGE ACTIVITIES BY SCIENCE AND
                        TECHNOLOGY CENTERS.

        (a) In General.--Support for science and technology centers
    in the independent states of the former Soviet Union, as
    authorized by section 503(a)(5) of the FREEDOM Support Act (22
    U.S.C. 5853(a)(5)) and section 1412(b) of the Former Soviet
    Union Demilitarization Act of 1992 (title XIV of Public Law
    102-484, 22 U.S.C. 5901 et seq.), is authorized for activities
    described in subsection (b) to support the redirection of
    former Soviet weapons scientists, especially those with
    expertise in weapons of mass destruction (nuclear,
    radiological, chemical, biological), missile and other delivery
    systems, and other advanced technologies with military
    applications.
        (b) Activities Supported.--Activities supported under
    subsection (a) include--
               (1) any research activity involving the
            participation of former Soviet weapons scientists and
            civilian scientists and engineers, if the participation
            of the weapons scientists predominates; and
              (2) any program of international exchanges that would
            provide former Soviet weapons scientists exposure to,
            and the opportunity to develop relations with, research
            and industry partners.
              * * * * * * *
              j. Proliferation Prevention Enhancement Act of 1999

    Partial text of Public Law 106-113 [H.R. 3194], 113 Stat. 1501 at 1536,
                           approved November 29, 1999

              * * * * * * *
        Sec. 1000. (a) The provisions of the following bills are
    hereby enacted into law:
              (1)-(6) * * *
              (7) H.R. 3427 of the 106th Congress, as introduced on
            November 17, 1999;
              (8)-(9) * * *
              * * * * * * *

      A BILL To authorize appropriations for the Department of State for
    fiscal years 2000 and 2001; to provide for enhanced security at United
      States diplomatic facilities; to provide for certain arms control,
    nonproliferation, and other national security measures; to provide for
             reform of the United Nations; and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Admiral James W. Nance and
    Meg Donovan Foreign Relations Authorization Act, Fiscal Years
    2000 and 2001''.
              * * * * * * *

      DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE
                                   PROVISIONS

    SEC. 1001. SHORT TITLE.

        This division may be cited as the ``Arms Control,
    Nonproliferation, and Security Assistance Act of 1999''.
              * * * * * * *

                         TITLE XII--SECURITY ASSISTANCE

    SEC. 1201.\1\ SHORT TITLE.

        This title may be cited as the ``Security Assistance Act of
    1999''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------
              * * * * * * *

       Subtitle E--Automated Export System Relating to Export Information

    SEC. 1251.\2\ SHORT TITLE.

        This subtitle may be cited as the Proliferation Prevention
    Enhancement Act of 1999.
    ---------------------------------------------------------------------------
        \2\ 13 U.S.C. 1 note.
    ---------------------------------------------------------------------------

    SEC. 1252. MANDATORY USE OF THE AUTOMATED EXPORT SYSTEM FOR FILING
                        CERTAIN SHIPPERS' EXPORT DECLARATIONS.

        (a) Authority.--Section 301 of title 13, United States
    Code, is amended by adding at the end the following new
    subsection: * * *
        (b) \3\ Implementing Regulations.--
    ---------------------------------------------------------------------------
        \3\ 13 U.S.C. 301 note.
    ---------------------------------------------------------------------------
              (1) In general.--The Secretary of Commerce, with the
            concurrence of the Secretary of State, shall publish
            regulations in the Federal Register to require that,
            upon the effective date of those regulations, exporters
            (or their agents) who are required to file Shippers'
            Export Declarations under chapter 9 of title 13, United
            States Code, file such Declarations through the
            Automated Export System with respect to exports of
            items on the United States Munitions List or the
            Commerce Control List.
              (2) Elements of the regulations.--The regulations
            referred to in paragraph (1) shall include at a
            minimum--
                      (A) provision by the Department of Commerce
                    for the establishment of on-line assistance
                    services to be available for those individuals
                    who must use the Automated Export System;
                      (B) provision by the Department of Commerce
                    for ensuring that an individual who is required
                    to use the Automated Export System is able to
                    print out from the System a validated record of
                    the individual's submission, including the date
                    of the submission and a serial number or other
                    unique identifier, where appropriate, for the
                    export transaction; and
                      (C) a requirement that the Department of
                    Commerce print out and maintain on file a paper
                    copy or other acceptable back-up record of the
                    individual's submission at a location selected
                    by the Secretary of Commerce.
        (c) \3\ Effective Date.--The amendment made by subsection
    (a) shall take effect 270 days after the Secretary of Commerce,
    the Secretary of the Treasury, and the Director of the National
    Institute of Standards and Technology jointly provide a
    certification to the Committee on Foreign Relations of the
    Senate and the Committee on International Relations of the
    House of Representatives that a secure Automated Export System
    available through the Internet that is capable of handling the
    expected volume of information required to be filed under
    subsection (b), plus the anticipated volume from voluntary use
    of the Automated Export System, has been successfully
    implemented and tested and is fully functional with respect to
    reporting all items on the United States Munitions List,
    including their quantities and destinations.

    SEC. 1253. VOLUNTARY USE OF THE AUTOMATED EXPORT SYSTEM.

        It is the sense of Congress that exporters (or their
    agents) who are required to file Shippers' Export Declarations
    under chapter 9 of title 13, United States Code, but who are
    not required under section 1252(b) to file such Declarations
    using the Automated Export System, should do so.

    SEC. 1254. REPORT TO APPROPRIATE COMMITTEES OF CONGRESS.

        (a) In General.--Not later than 180 days after the date of
    enactment of this Act, the Secretary of Commerce, in
    consultation with the Secretary of State, the Secretary of
    Defense, the Secretary of the Treasury, the Secretary of
    Energy, and the Director of Central Intelligence, shall submit
    a report to the appropriate committees of Congress setting
    forth--
              (1) the advisability and feasibility of mandating
            electronic filing through the Automated Export System
            for all Shippers' Export Declarations;
              (2) the manner in which data gathered through the
            Automated Export System can most effectively be used,
            consistent with the need to ensure the confidentiality
            of business information, by other automated licensing
            systems administered by Federal agencies, including--
                      (A) the Defense Trade Application System of
                    the Department of State;
                      (B) the Export Control Automated Support
                    System of the Department of Commerce;
                      (C) the Foreign Disclosure and Technology
                    Information System of the Department of
                    Defense;
                      (D) the Proliferation Information Network
                    System of the Department of Energy;
                      (E) the Enforcement Communication System of
                    the Department of the Treasury; and
                      (F) the Export Control System of the Central
                    Intelligence Agency; and
              (3) a proposed timetable for any expansion of
            information required to be filed through the Automated
            Export System.
        (b) Definition.--In this section, the term ``appropriate
    committees of Congress'' means the Committee on Foreign
    Relations of the Senate and the Committee on International
    Relations of the House of Representatives.

    SEC. 1255. ACCELERATION OF DEPARTMENT OF STATE LICENSING PROCEDURES.

        Notwithstanding any other provision of law, the Secretary
    of State may use funds appropriated or otherwise made available
    to the Department of State to employ--
              (1) up to 40 percent of the individuals who are
            performing services within the Office of Defense Trade
            Controls of the Department of State in positions
            classified at GS-14 and GS-15 on the General Schedule
            under section 5332 of title 5, United States Code; and
              (2) other individuals within the Office at a rate of
            basic pay that may exceed the maximum rate payable for
            positions classified at GS-15 on the General Schedule
            under section 5332 of that title.

    SEC. 1256.\4\ DEFINITIONS.

        In this subtitle:
    ---------------------------------------------------------------------------
        \4\ 13 U.S.C. 301 note.
    ---------------------------------------------------------------------------
              (1) Automated export system.--The term ``Automated
            Export System'' means the automated and electronic
            system for filing export information established under
            chapter 9 of title 13, United States Code, on June 19,
            1995 (60 Federal Register 32040).
              (2) Commerce control list.--The term ``Commerce
            Control List'' has the meaning given the term in
            section 774.1 of title 15, Code of Federal Regulations.
              (3) Shippers' export declaration.--The term
            ``Shippers' Export Declaration'' means the export
            information filed under chapter 9 of title 13, United
            States Code, as described in part 30 of title 15, Code
            of Federal Regulations.
              (4) United states munitions list.--The term ``United
            States Munitions List'' means the list of items
            controlled under section 38 of the Arms Export Control
            Act (22 U.S.C. 2778).
              * * * * * * *
                    k. National Missile Defense Act of 1999

       Public Law 106-38 [H.R. 4], 113 Stat. 205, approved July 22, 1999

    AN ACT To declare it to be the policy of the United States to deploy a
                           national missile defense.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``National Missile Defense Act
    of 1999''.
    ---------------------------------------------------------------------------
        \1\ 10 U.S.C. 101 note.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ NATIONAL MISSILE DEFENSE POLICY.

        It is the policy of the United States to deploy as soon as
    it it technologically possible an effective National Missile
    Defense system capable of defending the territory of the United
    States against limited ballistic missile attack (whether
    accidential, unauthorized, or deliberate) with funding subject
    to the annual authorization of appropriations and the annual
    appropriation of funds for National Missile Defense.
    ---------------------------------------------------------------------------
        \2\ 10 U.S.C. 2431 note.
    ---------------------------------------------------------------------------

    SEC. 3.\3\ POLICY ON REDUCTION OF RUSSIAN NUCLEAR FORCES.

        It is the policy of the United States to seek continued
    negotiated reductions in Russian nuclear forces.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 5901 note.
           l. Chemical Weapons Convention Implementation Act of 1998

         Partial text of Public Law 105-277 [Division I of the Omnibus
    Consolidated and Emergency Supplemental Appropriations Act, 1999; H.R.
      4328], 112 Stat. 2681-856, approved October 21, 1998; as amended by
     Public Law 106-280 [Security Assistance Act of 2000; H.R. 4919], 114
     Stat. 845, approved October 6, 2000; and Public Law 107-107 [National
      Defense Authorization Act for Fiscal Year 2002; S. 1438], 115 Stat.
                        1012, approved December 28, 2001

    AN ACT Making omnibus consolidated and emergency appropriations for the
         fiscal year ending September 30, 1999, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
              * * * * * * *

                    DIVISION I--CHEMICAL WEAPONS CONVENTION

    SECTION 1.\1\ SHORT TITLE.

        This Division may be cited as the ``Chemical Weapons
    Convention Implementation Act of 1998''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 6701 note.
    ---------------------------------------------------------------------------

    SEC. 2. TABLE OF CONTENTS.

        The table of contents for this Act is as follows:

    Sec. 1. Short title.
    Sec. 2. Table of contents.
    Sec. 3. Definitions.

                           TITLE I--GENERAL PROVISIONS

    Sec. 101. Designation of United States National Authority.
    Sec. 102. No abridgement of constitutional rights.
    Sec. 103. Civil liability of the United States.

    TITLE II--PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION
                              OF THE UNITED STATES

                    Subtitle A--Criminal and Civil Penalties

    Sec. 201. Criminal and civil provisions.

                  Subtitle B--Revocations of Export Privileges

    Sec. 211. Revocations of export privileges.

                             TITLE III--INSPECTIONS

    Sec. 301. Definitions in the title.
    Sec. 302. Facility agreements.
    Sec. 303. Authority to conduct inspections.
    Sec. 304. Procedures for inspections.
    Sec. 305. Warrants.
    Sec. 306. Prohibited acts relating to inspections.
    Sec. 307. National security exception.
    Sec. 308. Protection of constitutional rights of contractors.
    Sec. 309. Annual report on inspections.
    Sec. 310. United States assistance in inspections at private facilities.

                                TITLE IV--REPORTS

    Sec. 401. Reports required by the United States National Authority.
    Sec. 402. Prohibition relating to low concentrations of schedule 2 and 3
              chemicals.
    Sec. 403. Prohibition relating to unscheduled discrete organic chemicals
              and coincidental byproducts in waste streams.
    Sec. 404. Confidentiality of information.
    Sec. 405. Recordkeeping violations.

                              TITLE V--ENFORCEMENT

    Sec. 501. Penalties.
    Sec. 502. Specific enforcement.
    Sec. 503. Expedited judicial review.

                       TITLE VI--MISCELLANEOUS PROVISIONS

    Sec. 601. Repeal.
    Sec. 602. Prohibition.
    Sec. 603. Bankruptcy actions.

    SEC. 3.\2\ DEFINITIONS.

        In this Act:
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        \2\ 22 U.S.C. 6701.
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              (1) Chemical weapon.--The term ``chemical weapon''
            means the following, together or separately:
                      (A) A toxic chemical and its precursors,
                    except where intended for a purpose not
                    prohibited under this Act as long as the type
                    and quantity is consistent with such a purpose.
                      (B) A munition or device, specifically
                    designed to cause death or other harm through
                    toxic properties of those toxic chemicals
                    specified in subparagraph (A), which would be
                    released as a result of the employment of such
                    munition or device.
                      (C) Any equipment specifically designed for
                    use directly in connection with the employment
                    of munitions or devices specified in
                    subparagraph (B).
              (2) Chemical weapons convention; convention.--The
            terms ``Chemical Weapons Convention'' and
            ``Convention'' mean the Convention on the Prohibition
            of the Development, Production, Stockpiling and Use of
            Chemical Weapons and on Their Destruction, opened for
            signature on January 13, 1993.
              (3) Key component of a binary or multicomponent
            chemical system.--The term ``key component of a binary
            or multicomponent chemical system'' means the precursor
            which plays the most important role in determining the
            toxic properties of the final product and reacts
            rapidly with other chemicals in the binary or
            multicomponent system.
              (4) National of the united states.--The term
            ``national of the United States'' has the same meaning
            given such term in section 101(a)(22) of the
            Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
              (5) Organization.--The term ``Organization'' means
            the Organization for the Prohibition of Chemical
            Weapons.
              (6) Person.--The term ``person'', except as otherwise
            provided, means any individual, corporation,
            partnership, firm, association, trust, estate, public
            or private institution, any State or any political
            subdivision thereof, or any political entity within a
            State, any foreign government or nation or any agency,
            instrumentality or political subdivision of any such
            government or nation, or other entity located in the
            United States.
              (7) Precursor.--
                      (A) In general.--The term ``precursor'' means
                    any chemical reactant which takes part at any
                    stage in the production by whatever method of a
                    toxic chemical. The term includes any key
                    component of a binary or multicomponent
                    chemical system.
                      (B) List of precursors.--Precursors which
                    have been identified for the application of
                    verification measures under Article VI of the
                    Convention are listed in schedules contained in
                    the Annex on Chemicals of the Chemical Weapons
                    Convention.
              (8) Purposes not prohibited by this act.--The term
            ``purposes not prohibited by this Act'' means the
            following:
                      (A) Peaceful purposes.--Any peaceful purpose
                    related to an industrial, agricultural,
                    research, medical, or pharmaceutical activity
                    or other activity.
                      (B) Protective purposes.--Any purpose
                    directly related to protection against toxic
                    chemicals and to protection against chemical
                    weapons.
                      (C) Unrelated military purposes.--Any
                    military purpose of the United States that is
                    not connected with the use of a chemical weapon
                    and that is not dependent on the use of the
                    toxic or poisonous properties of the chemical
                    weapon to cause death or other harm.
                      (D) Law enforcement purposes.--Any law
                    enforcement purpose, including any domestic
                    riot control purpose and including imposition
                    of capital punishment.
              (9) Technical secretariat.--The term ``Technical
            Secretariat'' means the Technical Secretariat of the
            Organization for the Prohibition of Chemical Weapons
            established by the Chemical Weapons Convention.
              (10) Schedule 1 chemical agent.--The term ``Schedule
            1 chemical agent'' means any of the following, together
            or separately:
                      (A) O-Alkyl (C10, incl.
                    cycloalkyl) alkyl
                              (Me, Et, n-Pr or i-Pr)-
                            phosphonofluoridates
                              (e.g. Sarin: O-Isopropyl
                            methylphosphonofluoridate Soman: O-
                            Pinacolyl methylphosphonofluoridate).
                      (B) O-Alkyl (C10, incl.
                    cycloalkyl) N,N-dialkyl
                              (Me, Et, n-Pr or i-Pr)-
                            phosphoramidocyanidates
                              (e.g. Tabun: O-Ethyl N,N-dimethyl
                            phosphoramidocyanidate).
                      (C) O-Alkyl (H or C10, incl.
                    cycloalkyl) S-2-dialkyl
                              (Me, Et, n-Pr or i-Pr)-aminoethyl
                            alkyl
                              (Me, Et, n-Pr or i-Pr)
                            phosphonothiolates and corresponding
                            alkylated or protonated salts
                              (e.g. VX: O-Ethyl S-2-
                            diisopropylaminoethyl methyl
                            phosphonothiolate).
                      (D) Sulfur mustards:
                              2-Chloroethylchloromethylsulfide
                              Mustard gas: (Bis(2-
                            chloroethyl)sulfide
                              Bis(2-chloroethylthio)methane
                              Sesquimustard: 1,2-Bis(2-
                            chloroethylthio)ethane
                              1,3-Bis(2-chloroethylthio)-n-propane
                              1,4-Bis(2-chloroethylthio)-n-butane
                              1,5-Bis(2-chloroethylthio)-n-pentane
                              Bis(2-chloroethylthiomethyl)ether
                              O-Mustard: Bis(2-
                            chloroethylthioethyl)ether.
                      (E) Lewisites:
                              Lewisite 1: 2-
                            Chlorovinyldichloroarsine
                              Lewisite 2: Bis(2-
                            chlorovinyl)chloroarsine
                              Lewisite 3: Tris (2-
                            clorovinyl)arsine.
                      (F) Nitrogen mustards:
                              HN1: Bis(2-chloroethyl)ethylamine
                              HN2: Bis(2-chloroethyl)methylamine
                              HN3: Tris(2-chloroethyl)amine.
                      (G) Saxitoxin.
                      (H) Ricin.
                      (I) Alkyl (Me, Et, n-Pr or i-Pr)
                    phosphonyldifluorides
                              e.g. DF: Methylphosphonyldifluoride.
                      (J) O-Alkyl (H or >C10, incl.
                    cycloalkyl)O-2-dialkyl
                              (Me, Et, n-Pr or i-Pr)-aminoethyl
                            alkyl
                              (Me, Et, n-Pr or i-Pr) phosphonites
                            and corresponding alkylated or
                            protonated salts
        e.g. QL: O-Ethyl O-2-diisopropylaminoethyl
    methylphosphonite.
        (K) Chlorosarin: O-Isopropyl methylphosphonochloridate.
        (L) Chlorosoman: O-Pinacolyl methylphosphonochloridate.
        (11) Schedule 2 chemical agent.--The term `Schedule 2
    chemical agent' means the following, together or separately:
        (A) Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl]
        phosphorothiolate and corresponding alkylated or protonated
    salts.
        (B) PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-
    propene.
        (C) BZ: 3-Quinuclidinyl benzilate
        (D) Chemicals, except for those listed in Schedule 1,
    containing a phosphorus atom to which is bonded one methyl,
    ethyl or propyl (normal or iso) group but not further carbon
    atoms,
        e.g. Methylphosphonyl dichloride Dimethyl methylphosphonate
        Exemption: Fonofos: O-Ethyl S-phenyl
    ethylphosphonothiolothionate.
        (E) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic
    dihalides.
        (F) Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, n-
    Pr or i-Pr)-phosphoramidates.
        (G) arsenic trichloride.
        (H) 2,2-Diphenyl-2-hydroxyacetic acid.
        (I) Quinuclidine-3-ol.
        (J) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-
    chlorides and corresponding protonated salts.
        (K) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols
    and corresponding protonated salts
        Exemptions: N,N-Dimethylaminoethanol and corresponding
    protonated salts N,N-Diethylaminoethanol and corresponding
    protonated salts.
        (L) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols
    and corresponding protonated salts.
        (M) Thiodiglycol: Bis(2-hydroxyethyl)sulfide.
        (N) Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol.
        (12) Schedule 3 chemical agent.--The term `Schedule 3
    chemical agent' means any of the following, together or
    separately:
        (A) Phosgene: carbonyl dichloride.
        (B) Cyanogen chloride.
        (C) Hydrogen cyanide.
        (D) Chloropicrin: trichloronitromethane.
        (E) Phosphorous oxychloride.
        (F) Phosphorous trichloride.
        (G) Phosphorous pentachloride.
        (H) Trimethyl phosphite.
        (I) Triethyl phosphite.
        (J) Dimethyl phosphite.
        (K) Diethyl phosphite.
        (L) Sulfur monochloride.
        (M) Sulfur dichloride.
        (N) Thionyl chloride.
        (O) Ethyldiethanolamine.
        (P) Methyldiethanolamine.
        (Q) Triethanolamine.
        (13) Toxic chemical.--
        (A) In general.--The term ``toxic chemical'' means any
    chemical which through its chemical action on life processes
    can cause death, temporary incapacitation or permanent harm to
    humans or animals. The term includes all such chemicals,
    regardless of their origin or of their method of production,
    and regardless of whether they are produced in facilities, in
    munitions or elsewhere.
                      (B) List of toxic chemicals.--Toxic chemicals
                    which have been identified for the application
                    of verification measures under Article VI of
                    the Convention are listed in schedules
                    contained in the Annex on Chemicals of the
                    Chemical Weapons Convention.
              (14) United states.--The term ``United States'' means
            the several States of the United States, the District
            of Columbia, and the commonwealths, territories, and
            possessions of the United States and includes all
            places under the jurisdiction or control of the United
            States, including--
                      (A) any of the places within the provisions
                    of paragraph (41) of section 40102 of title 49,
                    United States Code;
                      (B) any civil aircraft of the United States
                    or public aircraft, as such terms are defined
                    in paragraphs (17) and (37), respectively, of
                    section 40102 of title 49, United States Code;
                    and
                      (C) any vessel of the United States, as such
                    term is defined in section 3(b) of the Maritime
                    Drug Enforcement Act, as amended (46 U.S.C.,
                    App. sec. 1903(b)).
              (15) Unscheduled discrete organic chemical.--The term
            ``unscheduled discrete organic chemical'' means any
            chemical not listed on any schedule contained in the
            Annex on Chemicals of the Convention that belongs to
            the class of chemical compounds consisting of all
            compounds of carbon, except for its oxides, sulfides,
            and metal carbonates.

                          TITLE I--GENERAL PROVISIONS

    SEC. 101.\3\ DESIGNATION OF UNITED STATES NATIONAL AUTHORITY.

        (a) Designation.--Pursuant to paragraph 4 of Article VII of
    the Chemical Weapons Convention, the President shall designate
    the Department of State to be the United States National
    Authority.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 6711.
    ---------------------------------------------------------------------------
        (b) Purposes.--The United States National Authority shall--
              (1) serve as the national focal point for effective
            liaison with the Organization for the Prohibition of
            Chemical Weapons and other States Parties to the
            Convention; and
              (2) implement the provisions of this Act in
            coordination with an interagency group designated by
            the President consisting of the Secretary of Commerce,
            Secretary of Defense, Secretary of Energy, the Attorney
            General, and the heads of agencies considered necessary
            or advisable by the President.
        (c) Director.--The Secretary of State shall serve as the
    Director of the United States National Authority.
        (d) Powers.--The Director may utilize the administrative
    authorities otherwise available to the Secretary of State in
    carrying out the responsibilities of the Director set forth in
    this Act.
        (e) Implementation.--The President is authorized to
    implement and carry out the provisions of this Act and the
    Convention \4\ and shall designate through Executive order
    which agencies of the United States shall issue, amend, or
    revise the regulations in order to implement this Act and the
    provisions of the Convention. The Director of the United States
    National Authority shall report to the Congress on the
    regulations that have been issued, implemented, or revised
    pursuant to this section.
    ---------------------------------------------------------------------------
        \4\ The Senate tasked the President with further duties pursuant to
    its resolution ratifying the Chemical Weapons Convention. Sec. 2(10)(C)
    of the Senate resolution ``To advise and consent to the ratification of
    the Chemical Weapons Convention, subject to certain conditions'' (S.
    Res. 75; April 24, 1997) required the Secretary of State to provide an
    annual report certifying the compliance of other states parties to the
    Chemical Weapons Convention and the measures undertaken to bring any
    states parties not so certified into compliance. In sec. 2(a)(3) of
    Executive Order 13313 of July 31, 2003 (68 F.R. 46073; August 5, 2003),
    the President assigned these reporting duties to the Secretary of
    State.
        In sec. 2(a) of Executive Order 13346 of July 8, 2004 (69 F.R.
    41905; July 13, 2004), the President further assigned to the Secretary
    of State the certification requirements of sec. 2(7)(C)(i) of S. Res.
    75 (105th Congress), concerning the effectiveness and viability of the
    Australia Group. In sec. 2(b) of Executive Order 13346, the President
    assigned to the Secretary of Commerce the certification requirements of
    sec. 2(9) of S. Res. 75 (105th Congress), concerning the interests of
    certain firms in the United States.
    ---------------------------------------------------------------------------

    SEC. 102.\5\ NO ABRIDGEMENT OF CONSTITUTIONAL RIGHTS.

        No person may be required, as a condition for entering into
    a contract with the United States or as a condition for
    receiving any benefit from the United States, to waive any
    right under the Constitution for any purpose related to this
    Act or the Convention.
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        \5\ 22 U.S.C. 6712.
    ---------------------------------------------------------------------------

    SEC. 103.\6\ CIVIL LIABILITY OF THE UNITED STATES.

        (a) Claims for Taking of Property.--
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 6713.
    ---------------------------------------------------------------------------
              (1) Jurisdiction of courts of the united states.--
                      (A) United states court of federal claims.--
                    The United States Court of Federal Claims
                    shall, subject to subparagraph (B), have
                    jurisdiction of any civil action or claim
                    against the United States for any taking of
                    property without just compensation that occurs
                    by reason of the action of any officer or
                    employee of the Organization for the
                    Prohibition of Chemical Weapons, including any
                    member of an inspection team of the Technical
                    Secretariat, or by reason of the action of any
                    officer or employee of the United States
                    pursuant to this Act or the Convention. For
                    purposes of this subsection, action taken
                    pursuant to or under the color of this Act or
                    the Convention shall be deemed to be action
                    taken by the United States for a public
                    purpose.
                      (B) District courts.--The district courts of
                    the United States shall have original
                    jurisdiction, concurrent with the United States
                    Court of Federal Claims, of any civil action or
                    claim described in subparagraph (A) that does
                    not exceed $10,000.
              (2) Notification.--Any person intending to bring a
            civil action pursuant to paragraph (1) shall notify the
            United States National Authority of that intent at
            least one year before filing the claim in the United
            States Court of Federal Claims. Action on any claim
            filed during that one-year period shall be stayed. The
            one-year period following the notification shall not be
            counted for purposes of any law limiting the period
            within which the civil action may be commenced.
              (3) Initial steps by united states government to seek
            remedies.--During the period between a notification
            pursuant to paragraph (2) and the filing of a claim
            covered by the notification in the United States Court
            of Federal Claims, the United States National Authority
            shall pursue all diplomatic and other remedies that the
            United States National Authority considers necessary
            and appropriate to seek redress for the claim
            including, but not limited to, the remedies provided
            for in the Convention and under this Act.
              (4) Burden of proof.--In any civil action under
            paragraph (1), the plaintiff shall have the burden to
            establish a prima facie case that, due to acts or
            omissions of any official of the Organization or any
            member of an inspection team of the Technical
            Secretariat taken under the color of the Convention,
            proprietary information of the plaintiff has been
            divulged or taken without authorization. If the United
            States Court of Federal Claims finds that the plaintiff
            has demonstrated such a prima facie case, the burden
            shall shift to the United States to disprove the
            plaintiff's claim. In deciding whether the plaintiff
            has carried its burden, the United States Court of
            Federal Claims shall consider, among other things--
                      (A) the value of proprietary information;
                      (B) the availability of the proprietary
                    information;
                      (C) the extent to which the proprietary
                    information is based on patents, trade secrets,
                    or other protected intellectual property;
                      (D) the significance of proprietary
                    information; and
                      (E) the emergence of technology elsewhere a
                    reasonable time after the inspection.
        (b) Tort Liability.--The district courts of the United
    States shall have exclusive jurisdiction of civil actions for
    money damages for any tort under the Constitution or any
    Federal or State law arising from the acts or omissions of any
    officer or employee of the United States or the Organization,
    including any member of an inspection team of the Technical
    Secretariat, taken pursuant to or under color of the Convention
    or this Act.
        (c) Waiver of Sovereign Immunity of the United States.--In
    any action under subsection (a) or (b), the United States may
    not raise sovereign immunity as a defense.
        (d) Authority for Cause of Action.--
              (1) United states actions in united states district
            court.--Notwithstanding any other law, the Attorney
            General of the United States is authorized to bring an
            action in the United States District Court for the
            District of Columbia against any foreign nation for
            money damages resulting from that nation's refusal to
            provide indemnification to the United States for any
            liability imposed on the United States by virtue of the
            actions of an inspector of the Technical Secretariat
            who is a national of that foreign nation acting at the
            direction or the behest of that foreign nation.
              (2) United states actions in courts outside the
            united states.--The Attorney General is authorized to
            seek any and all available redress in any international
            tribunal for indemnification to the United States for
            any liability imposed on the United States by virtue of
            the actions of an inspector of the Technical
            Secretariat, and to seek such redress in the courts of
            the foreign nation from which the inspector is a
            national.
              (3) Actions brought by individuals and businesses.--
            Notwithstanding any other law, any national of the
            United States, or any business entity organized and
            operating under the laws of the United States, may
            bring a civil action in a United States District Court
            for money damages against any foreign national or any
            business entity organized and operating under the laws
            of a foreign nation for an unauthorized or unlawful
            acquisition, receipt, transmission, or use of property
            by or on behalf of such foreign national or business
            entity as a result of any tort under the Constitution
            or any Federal or State law arising from acts or
            omissions by any officer or employee of the United
            States or any member of an inspection team of the
            Technical Secretariat taken pursuant to or under the
            color of the Convention or this Act.
        (e) Recoupment.--
              (1) Policy.--It is the policy of the United States to
            recoup all funds withdrawn from the Treasury of the
            United States in payment for any tort under Federal or
            State law or taking under the Constitution arising from
            the acts or omissions of any foreign person, officer,
            or employee of the Organization, including any member
            of an inspection team of the Technical Secretariat,
            taken under color of the Chemical Weapons Convention or
            this Act.
              (2) Sanctions on foreign companies.--
                      (A) Imposition of sanctions.--The sanctions
                    provided in subparagraph (B) shall be imposed
                    for a period of not less than ten years upon--
                              (i) any foreign person, officer, or
                            employee of the Organization, including
                            any member of an inspection team of the
                            Technical Secretariat, for whose
                            actions or omissions the United States
                            has been held liable for a tort or
                            taking pursuant to this Act; and
                              (ii) any foreign person or business
                            entity organized and operating under
                            the laws of a foreign nation which
                            knowingly assisted, encouraged or
                            induced, in any way, a foreign person
                            described in clause (i) to publish,
                            divulge, disclose, or make known in any
                            manner or to any extent not authorized
                            by the Convention any United States
                            confidential business information.
                      (B) Sanctions.--
                              (i) Arms export transactions.--The
                            United States Government shall not sell
                            to a person described in subparagraph
                            (A) any item on the United States
                            Munitions List and shall terminate
                            sales of any defense articles, defense
                            services, or design and construction
                            services to a person described in
                            subparagraph (A) under the Arms Export
                            Control Act.
                              (ii) Sanctions under export
                            administration act of 1979.--The
                            authorities under section 6 of the
                            Export Administration Act of 1979 shall
                            be used to prohibit the export of any
                            goods or technology on the control list
                            established pursuant to section 5(c)(1)
                            of that Act to a person described in
                            subparagraph (A).
                              (iii) International financial
                            assistance.--The United States shall
                            oppose any loan or financial or
                            technical assistance by international
                            financial institutions in accordance
                            with section 701 of the International
                            Financial Institutions Act to a person
                            described in subparagraph (A).
                              (iv) Export-import bank
                            transactions.--The United States shall
                            not give approval to guarantee, insure,
                            or extend credit, or to participate in
                            the extension of credit to a person
                            described in subparagraph (A) through
                            the Export-Import Bank of the United
                            States.
                              (v) Private bank transactions.--
                            Regulations shall be issued to prohibit
                            any United States bank from making any
                            loan or providing any credit to a
                            person described in subparagraph (A).
                              (vi) Blocking of assets.--The
                            President shall take all steps
                            necessary to block any transactions in
                            any property subject to the
                            jurisdiction of the United States in
                            which a person described in
                            subparagraph (A) has any interest
                            whatsoever, for the purpose of
                            recouping funds in accordance with the
                            policy in paragraph (1).
                              (vii) Denial of landing rights.--
                            Landing rights in the United States
                            shall be denied to any private aircraft
                            or air carrier owned by a person
                            described in subparagraph (A) except as
                            necessary to provide for emergencies in
                            which the safety of the aircraft or its
                            crew or passengers is threatened.
              (3) Sanctions on foreign governments.--
                      (A) Imposition of sanctions.--Whenever the
                    President determines that persuasive
                    information is available indicating that a
                    foreign country has knowingly assisted,
                    encouraged or induced, in any way, a person
                    described in paragraph (2)(A) to publish,
                    divulge, disclose, or make known in any manner
                    or to any extent not authorized by the
                    Convention any United States confidential
                    business information, the President shall,
                    within 30 days after the receipt of such
                    information by the executive branch of
                    Government, notify the Congress in writing of
                    such determination and, subject to the
                    requirements of paragraphs (4) and (5), impose
                    the sanctions provided under subparagraph (B)
                    for a period of not less than five years.
                      (B) Sanctions.--
                              (i) Arms export transactions.--The
                            United States Government shall not sell
                            a country described in subparagraph (A)
                            any item on the United States Munitions
                            List, shall terminate sales of any
                            defense articles, defense services, or
                            design and construction services to
                            that country under the Arms Export
                            Control Act, and shall terminate all
                            foreign military financing for that
                            country under the Arms Export Control
                            Act.
                              (ii) Denial of certain licenses.--
                            Licenses shall not be issued for the
                            export to the sanctioned country of any
                            item on the United States Munitions
                            List or commercial satellites.
                              (iii) Denial of assistance.--No
                            appropriated funds may be used for the
                            purpose of providing economic
                            assistance, providing military
                            assistance or grant military education
                            and training, or extending military
                            credits or making guarantees to a
                            country described in subparagraph (A).
                              (iv) Sanctions under export
                            administration act of 1979.--The
                            authorities of section 6 of the Export
                            Administration Act of 1979 shall be
                            used to prohibit the export of any
                            goods or technology on the control list
                            established pursuant to section 5(c)(1)
                            of that Act to a country described in
                            subparagraph (A).
                              (v) International financial
                            assistance.--The United States shall
                            oppose any loan or financial or
                            technical assistance by international
                            financial institutions in accordance
                            with section 701 of the International
                            Financial Institutions Act to a country
                            described in subparagraph (A).
                              (vi) Termination of assistance under
                            foreign assistance act of 1961.--The
                            United States shall terminate all
                            assistance to a country described in
                            subparagraph (A) under the Foreign
                            Assistance Act of 1961, except for
                            urgent humanitarian assistance.
                              (vii) Private bank transactions.--The
                            United States shall not give approval
                            to guarantee, insure, or extend credit,
                            or participate in the extension of
                            credit through the Export-Import Bank
                            of the United States to a country
                            described in subparagraph (A).
                              (viii) Private bank transactions.--
                            Regulations shall be issued to prohibit
                            any United States bank from making any
                            loan or providing any credit to a
                            country described in subparagraph (A).
                              (ix) Denial of landing rights.--
                            Landing rights in the United States
                            shall be denied to any air carrier
                            owned by a country described in
                            subparagraph (A), except as necessary
                            to provide for emergencies in which the
                            safety of the aircraft or its crew or
                            passengers is threatened.
              (4) Suspension of sanctions upon recoupment by
            payment.--Sanctions imposed under paragraph (2) or (3)
            may be suspended if the sanctioned person, business
            entity, or country, within the period specified in that
            paragraph, provides full and complete compensation to
            the United States Government, in convertible foreign
            exchange or other mutually acceptable compensation
            equivalent to the full value thereof, in satisfaction
            of a tort or taking for which the United States has
            been held liable pursuant to this Act.
              (5) Waiver of sanctions on foreign countries.--The
            President may waive some or all of the sanctions
            provided under paragraph (3) in a particular case if he
            determines and certifies in writing to the Speaker of
            the House of Representatives and the Committee on
            Foreign Relations of the Senate that such waiver is
            necessary to protect the national security interests of
            the United States. The certification shall set forth
            the reasons supporting the determination and shall take
            effect on the date on which the certification is
            received by the Congress.
              (6) Notification to congress.--Not later than five
            days after sanctions become effective against a foreign
            person pursuant to this Act, the President shall
            transmit written notification of the imposition of
            sanctions against that foreign person to the chairmen
            and ranking members of the Committee on International
            Relations of the House of Representatives and the
            Committee on Foreign Relations of the Senate.
        (f) Sanctions for Unauthorized Disclosure of United States
    Confidential Business Information.--The Secretary of State
    shall deny a visa to, and the Attorney General shall exclude
    from the United States any alien who, after the date of
    enactment of this Act--
              (1) is, or previously served as, an officer or
            employee of the Organization and who has willfully
            published, divulged, disclosed, or made known in any
            manner or to any extent not authorized by the
            Convention any United States confidential business
            information coming to him in the course of his
            employment or official duties, or by reason of any
            examination or investigation of any return, report, or
            record made to or filed with the Organization, or any
            officer or employee thereof, such practice or
            disclosure having resulted in financial losses or
            damages to a United States person and for which actions
            or omissions the United States has been found liable of
            a tort or taking pursuant to this Act;
              (2) traffics in United States confidential business
            information, a proven claim to which is owned by a
            United States national;
              (3) is a corporate officer, principal, shareholder
            with a controlling interest of an entity which has been
            involved in the unauthorized disclosure of United
            States confidential business information, a proven
            claim to which is owned by a United States national; or
              (4) is a spouse, minor child, or agent of a person
            excludable under paragraph (1), (2), or (3).
        (g) United States Confidential Business Information
    Defined.--In this section, the term ``United States
    confidential business information'' means any trade secrets or
    commercial or financial information that is privileged and
    confidential--
              (1) including--
                      (A) data described in section 304(e)(2) of
                    this Act,
                      (B) any chemical structure,
                      (C) any plant design process, technology, or
                    operating method,
                      (D) any operating requirement, input, or
                    result that identifies any type or quantity of
                    chemicals used, processed, or produced, or
                      (E) any commercial sale, shipment, or use of
                    a chemical, or
              (2) as described in section 552(b)(4) of title 5,
            United States Code,
    and that is obtained--
        (i) from a United States person; or
        (ii) through the United States Government or the conduct of
    an inspection on United States territory under the Convention.

    TITLE II--PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION
                              OF THE UNITED STATES

                    Subtitle A--Criminal and Civil Penalties

    SEC. 201. CRIMINAL AND CIVIL PROVISIONS.

        (a) In General.--Part I of title 18, United States Code, is
    amended by inserting after chapter 11A the following new
    chapter:

                        ``CHAPTER 11B--CHEMICAL WEAPONS

    ``Sec.
    ``229. Prohibited activities.
    ``229A. Penalties.
    ``229B. Criminal forfeitures; destruction of weapons.
    ``229C. Individual self-defense devices.
    ``229D. Injunctions.
    ``229E. Requests for military assistance to enforce prohibition in
              certain emergencies.
    ``229F. Definitions.

    ``Sec. 229. Prohibited activities

        ``(a) Unlawful Conduct.--Except as provided in subsection
    (b), it shall be unlawful for any person knowingly--
              ``(1) to develop, produce, otherwise acquire,
            transfer directly or indirectly, receive, stockpile,
            retain, own, possess, or use, or threaten to use, any
            chemical weapon; or
              ``(2) to assist or induce, in any way, any person to
            violate paragraph (1), or to attempt or conspire to
            violate paragraph (1).
        ``(b) Exempted Agencies and Persons.--
              ``(1) In general.--Subsection (a) does not apply to
            the retention, ownership, possession, transfer, or
            receipt of a chemical weapon by a department, agency,
            or other entity of the United States, or by a person
            described in paragraph (2), pending destruction of the
            weapon.
              ``(2) Exempted persons.--A person referred to in
            paragraph (1) is--
                      ``(A) any person, including a member of the
                    Armed Forces of the United States, who is
                    authorized by law or by an appropriate officer
                    of the United States to retain, own, possess,
                    transfer, or receive the chemical weapon; or
                      ``(B) in an emergency situation, any
                    otherwise nonculpable person if the person is
                    attempting to destroy or seize the weapon.
        ``(c) Jurisdiction.--Conduct prohibited by subsection (a)
    is within the jurisdiction of the United States if the
    prohibited conduct--
              ``(1) takes place in the United States;
              ``(2) takes place outside of the United States and is
            committed by a national of the United States;
              ``(3) is committed against a national of the United
            States while the national is outside the United States;
            or
              ``(4) is committed against any property that is
            owned, leased, or used by the United States or by any
            department or agency of the United States, whether the
            property is within or outside the United States.

    ``Sec. 229A. Penalties

        ``(a) Criminal Penalties.--
              ``(1) In general.--Any person who violates section
            229 of this title shall be fined under this title, or
            imprisoned for any term of years, or both.
              ``(2) Death penalty.--Any person who violates section
            229 of this title and by whose action the death of
            another person is the result shall be punished by death
            or imprisoned for life.
        ``(b) Civil Penalties.--
              ``(1) In general.--The Attorney General may bring a
            civil action in the appropriate United States district
            court against any person who violates section 229 of
            this title and, upon proof of such violation by a
            preponderance of the evidence, such person shall be
            subject to pay a civil penalty in an amount not to
            exceed $100,000 for each such violation.
              ``(2) Relation to other proceedings.--The imposition
            of a civil penalty under this subsection does not
            preclude any other criminal or civil statutory, common
            law, or administrative remedy, which is available by
            law to the United States or any other person.
        ``(c) Reimbursement of Costs.--The court shall order any
    person convicted of an offense under subsection (a) to
    reimburse the United States for any expenses incurred by the
    United States incident to the seizure, storage, handling,
    transportation, and destruction or other disposition of any
    property that was seized in connection with an investigation of
    the commission of the offense by that person. A person ordered
    to reimburse the United States for expenses under this
    subsection shall be jointly and severally liable for such
    expenses with each other person, if any, who is ordered under
    this subsection to reimburse the United States for the same
    expenses.

    ``Sec. 229B. Criminal forfeitures; destruction of weapons

        ``(a) Property Subject to Criminal Forfeiture.--Any person
    convicted under section 229A(a) shall forfeit to the United
    States irrespective of any provision of State law--
              ``(1) any property, real or personal, owned,
            possessed, or used by a person involved in the offense;
              ``(2) any property constituting, or derived from, and
            proceeds the person obtained, directly or indirectly,
            as the result of such violation; and
              ``(3) any of the property used in any manner or part,
            to commit, or to facilitate the commission of, such
            violation.
    The court, in imposing sentence on such person, shall order, in
    addition to any other sentence imposed pursuant to section
    229A(a), that the person forfeit to the United States all
    property described in this subsection. In lieu of a fine
    otherwise authorized by section 229A(a), a defendant who
    derived profits or other proceeds from an offense may be fined
    not more than twice the gross profits or other proceeds.
        ``(b) Procedures.--
              ``(1) General.--Property subject to forfeiture under
            this section, any seizure and disposition thereof, and
            any administrative or judicial proceeding in relation
            thereto, shall be governed by subsections (b) through
            (p) of section 413 of the Comprehensive Drug Abuse
            Prevention and Control Act of 1970 (21 U.S.C. 853),
            except that any reference under those subsections to--
                      ``(A) `this subchapter or subchapter II'
                    shall be deemed to be a reference to section
                    229A(a); and
                      ``(B) `subsection (a)' shall be deemed to be
                    a reference to subsection (a) of this section.
              ``(2) Temporary restraining orders.--
                      ``(A) In general.--For the purposes of
                    forfeiture proceedings under this section, a
                    temporary restraining order may be entered upon
                    application of the United States without notice
                    or opportunity for a hearing when an
                    information or indictment has not yet been
                    filed with respect to the property, if, in
                    addition to the circumstances described in
                    section 413(e)(2) of the Comprehensive Drug
                    Abuse Prevention and Control Act of 1970 (21
                    U.S.C. 853(e)(2)), the United States
                    demonstrates that there is probable cause to
                    believe that the property with respect to which
                    the order is sought would, in the event of
                    conviction, be subject to forfeiture under this
                    section and exigent circumstances exist that
                    place the life or health of any person in
                    danger.
                      ``(B) Warrant of seizure.--If the court
                    enters a temporary restraining order under this
                    paragraph, it shall also issue a warrant
                    authorizing the seizure of such property.
                      ``(C) Applicable procedures.--The procedures
                    and time limits applicable to temporary
                    restraining orders under section 413(e) (2) and
                    (3) of the Comprehensive Drug Abuse Prevention
                    and Control Act of 1970 (21 U.S.C. 853(e) (2)
                    and (3)) shall apply to temporary restraining
                    orders under this paragraph.
        ``(c) Affirmative Defense.--It is an affirmative defense
    against a forfeiture under subsection (b) that the property--
              ``(1) is for a purpose not prohibited under the
            Chemical Weapons Convention; and
              ``(2) is of a type and quantity that under the
            circumstances is consistent with that purpose.
        ``(d) Destruction or Other Disposition.--The Attorney
    General shall provide for the destruction or other appropriate
    disposition of any chemical weapon seized and forfeited
    pursuant to this section.
        ``(e) Assistance.--The Attorney General may request the
    head of any agency of the United States to assist in the
    handling, storage, transportation, or destruction of property
    seized under this section.
        ``(f) Owner Liability.--The owner or possessor of any
    property seized under this section shall be liable to the
    United States for any expenses incurred incident to the
    seizure, including any expenses relating to the handling,
    storage, transportation, and destruction or other disposition
    of the seized property.

    ``Sec. 229C. Individual self-defense devices

        ``Nothing in this chapter shall be construed to prohibit
    any individual self-defense device, including those using a
    pepper spray or chemical mace.

    ``Sec. 229D. Injunctions

        ``The United States may obtain in a civil action an
    injunction against--
              ``(1) the conduct prohibited under section 229 or
            229C of this title; or
              ``(2) the preparation or solicitation to engage in
            conduct prohibited under section 229 or 229D of this
            title.

    ``Sec. 229E. Requests for military assistance to enforce prohibition in
                        certain emergencies

        ``The Attorney General may request the Secretary of Defense
    to provide assistance under section 382 of title 10 in support
    of Department of Justice activities relating to the enforcement
    of section 229 of this title in an emergency situation
    involving a chemical weapon. The authority to make such a
    request may be exercised by another official of the Department
    of Justice in accordance with section 382(f)(2) of title 10.

    ``Sec. 229F. Definitions

        ``In this chapter:
              ``(1) Chemical weapon.--The term `chemical weapon'
            means the following, together or separately:
                      ``(A) A toxic chemical and its precursors,
                    except where intended for a purpose not
                    prohibited under this chapter as long as the
                    type and quantity is consistent with such a
                    purpose.
                      ``(B) A munition or device, specifically
                    designed to cause death or other harm through
                    toxic properties of those toxic chemicals
                    specified in subparagraph (A), which would be
                    released as a result of the employment of such
                    munition or device.
                      ``(C) Any equipment specifically designed for
                    use directly in connection with the employment
                    of munitions or devices specified in
                    subparagraph (B).
              ``(2) Chemical weapons convention; convention.--The
            terms `Chemical Weapons Convention' and `Convention'
            mean the Convention on the Prohibition of the
            Development, Production, Stockpiling and Use of
            Chemical Weapons and on Their Destruction, opened for
            signature on January 13, 1993.
              ``(3) Key component of a binary or multicomponent
            chemical system.--The term `key component of a binary
            or multicomponent chemical system' means the precursor
            which plays the most important role in determining the
            toxic properties of the final product and reacts
            rapidly with other chemicals in the binary or
            multicomponent system.
              ``(4) National of the united states.--The term
            `national of the United States' has the same meaning
            given such term in section 101(a)(22) of the
            Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
              ``(5) Person.--The term `person', except as otherwise
            provided, means any individual, corporation,
            partnership, firm, association, trust, estate, public
            or private institution, any State or any political
            subdivision thereof, or any political entity within a
            State, any foreign government or nation or any agency,
            instrumentality or political subdivision of any such
            government or nation, or other entity located in the
            United States.
              ``(6) Precursor.--
                      ``(A) In general.--The term `precursor' means
                    any chemical reactant which takes part at any
                    stage in the production by whatever method of a
                    toxic chemical. The term includes any key
                    component of a binary or multicomponent
                    chemical system.
                      ``(B) List of precursors.--Precursors which
                    have been identified for the application of
                    verification measures under Article VI of the
                    Convention are listed in schedules contained in
                    the Annex on Chemicals of the Chemical Weapons
                    Convention.
              ``(7) Purposes not prohibited by this chapter.--The
            term `purposes not prohibited by this chapter' means
            the following:
                      ``(A) Peaceful purposes.--Any peaceful
                    purpose related to an industrial, agricultural,
                    research, medical, or pharmaceutical activity
                    or other activity.
                      ``(B) Protective purposes.--Any purpose
                    directly related to protection against toxic
                    chemicals and to protection against chemical
                    weapons.
                      ``(C) Unrelated military purposes.--Any
                    military purpose of the United States that is
                    not connected with the use of a chemical weapon
                    or that is not dependent on the use of the
                    toxic or poisonous properties of the chemical
                    weapon to cause death or other harm.
                      ``(D) Law enforcement purposes.--Any law
                    enforcement purpose, including any domestic
                    riot control purpose and including imposition
                    of capital punishment.
              ``(8) Toxic chemical.--
                      ``(A) In general.--The term `toxic chemical'
                    means any chemical which through its chemical
                    action on life processes can cause death,
                    temporary incapacitation or permanent harm to
                    humans or animals. The term includes all such
                    chemicals, regardless of their origin or of
                    their method of production, and regardless of
                    whether they are produced in facilities, in
                    munitions or elsewhere.
                      ``(B) List of toxic chemicals.--Toxic
                    chemicals which have been identified for the
                    application of verification measures under
                    Article VI of the Convention are listed in
                    schedules contained in the Annex on Chemicals
                    of the Chemical Weapons Convention.
              ``(9) United states.--The term `United States' means
            the several States of the United States, the District
            of Columbia, and the commonwealths, territories, and
            possessions of the United States and includes all
            places under the jurisdiction or control of the United
            States, including--
                      ``(A) any of the places within the provisions
                    of paragraph (41) of section 40102 of title 49,
                    United States Code;
                      ``(B) any civil aircraft of the United States
                    or public aircraft, as such terms are defined
                    in paragraphs (17) and (37), respectively, of
                    section 40102 of title 49, United States Code;
                    and
                      ``(C) any vessel of the United States, as
                    such term is defined in section 3(b) of the
                    Maritime Drug Enforcement Act, as amended (46
                    U.S.C., App. sec. 1903(b)).''.
        (b) Conforming Amendments.--
              (1) Weapons of mass destruction.--Section 2332a of
            title 18, United States Code, is amended-- * * *
              (2) Table of chapters.--The table of chapters for
            part I of title 18, United States Code, is amended by
            inserting after the item for chapter 11A the following
            new item: * * *
        (c) Repeals.--The following provisions of law are repealed:
              (1) Section 2332c of title 18, United States Code,
            relating to chemical weapons.
              (2) In the table of sections for chapter 113B of
            title 18, United States Code, the item relating to
            section 2332c.

                  Subtitle B--Revocations of Export Privileges

    SEC. 211.\7\ REVOCATIONS OF EXPORT PRIVILEGES.

        If the President determines, after notice and an
    opportunity for a hearing in accordance with section 554 of
    title 5, United States Code, that any person within the United
    States, or any national of the United States located outside
    the United States, has committed any violation of section 229
    of title 18, United States Code, the President may issue an
    order for the suspension or revocation of the authority of the
    person to export from the United States any goods or technology
    (as such terms are defined in section 16 of the Export
    Administration Act of 1979 (50 U.S.C. App. 2415)).
    ---------------------------------------------------------------------------
        \7\ 18 U.S.C. 229 note.
    ---------------------------------------------------------------------------

                             TITLE III--INSPECTIONS

    SEC. 301.\8\ DEFINITIONS IN THE TITLE.

        (a) In General.--In this title, the terms ``challenge
    inspection'', ``plant site'', ``plant'', ``facility
    agreement'', ``inspection team'', and ``requesting state
    party'' have the meanings given those terms in Part I of the
    Annex on Implementation and Verification of the Chemical
    Weapons Convention. The term ``routine inspection'' means an
    inspection, other than an ``initial inspection'', undertaken
    pursuant to Article VI of the Convention.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 6721.
    ---------------------------------------------------------------------------
        (b) Definition of Judge of the United States.--In this
    title, the term ``judge of the United States'' means a judge or
    magistrate judge of a district court of the United States.

    SEC. 302.\9\ FACILITY AGREEMENTS.

        (a) Authorization of Inspections.--Inspections by the
    Technical Secretariat of plants, plant sites, or other
    facilities or locations for which the United States has a
    facility agreement with the Organization shall be conducted in
    accordance with the facility agreement. Any such facility
    agreement may not in any way limit the right of the owner or
    operator of the facility to withhold consent to an inspection
    request.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 6722.
    ---------------------------------------------------------------------------
        (b) Types of Facility Agreements.--
              (1) Schedule two facilities.--The United States
            National Authority shall ensure that facility
            agreements for plants, plant sites, or other facilities
            or locations that are subject to inspection pursuant to
            paragraph 4 of Article VI of the Convention are
            concluded unless the owner, operator, occupant, or
            agent in charge of the facility and the Technical
            Secretariat agree that such an agreement is not
            necessary.
              (2) Schedule three facilities.--The United States
            National Authority shall ensure that facility
            agreements are concluded for plants, plant sites, or
            other facilities or locations that are subject to
            inspection pursuant to paragraph 5 or 6 of Article VI
            of the Convention if so requested by the owner,
            operator, occupant, or agent in charge of the facility.
        (c) Notification Requirements.--The United States National
    Authority shall ensure that the owner, operator, occupant, or
    agent in charge of a facility prior to the development of the
    agreement relating to that facility is notified and, if the
    person notified so requests, the person may participate in the
    preparations for the negotiation of such an agreement. To the
    maximum extent practicable consistent with the Convention, the
    owner and the operator, occupant or agent in charge of a
    facility may observe negotiations of the agreement between the
    United States and the Organization concerning that facility.
        (d) Content of Facility Agreements.--Facility agreements
    shall--
              (1) identify the areas, equipment, computers,
            records, data, and samples subject to inspection;
              (2) describe the procedures for providing notice of
            an inspection to the owner, occupant, operator, or
            agent in charge of a facility;
              (3) describe the timeframes for inspections; and
              (4) detail the areas, equipment, computers, records,
            data, and samples that are not subject to inspection.

    SEC. 303.\10\ AUTHORITY TO CONDUCT INSPECTIONS.

        (a) Prohibition.--No inspection of a plant, plant site, or
    other facility or location in the United States shall take
    place under the Convention without the authorization of the
    United States National Authority in accordance with the
    requirements of this title.
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 6723.
    ---------------------------------------------------------------------------
        (b) Authority.--
              (1) Technical secretariat inspection teams.--Any duly
            designated member of an inspection team of the
            Technical Secretariat may inspect any plant, plant
            site, or other facility or location in the United
            States subject to inspection pursuant to the
            Convention.
              (2) United states government representatives.--The
            United States National Authority shall coordinate the
            designation of employees of the Federal Government
            (and, in the case of an inspection of a United States
            Government facility, the designation of contractor
            personnel who shall be led by an employee of the
            Federal Government)\11\ to accompany members of an
            inspection team of the Technical Secretariat and, in
            doing so, shall ensure that--
    ---------------------------------------------------------------------------
        \11\ Sec. 1204(a) of the National Defense Authorization Act for
    Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1247) inserted ``(and,
    in the case of an inspection of a United States Government facility,
    the designation of contractor personnel who shall be led by an employee
    of the Federal Government)''.
    ---------------------------------------------------------------------------
                      (A) \12\ a special agent of the Federal
                    Bureau of Investigation, as designated by the
                    Federal Bureau of Investigation, accompanies
                    each inspection team visit pursuant to
                    paragraph (1);
    ---------------------------------------------------------------------------
        \12\ Sec. 1117 of the Arms Control and Nonproliferation Act of 1999
    (title XI of division B of H.R. 3427; 113 Stat. 1501A-489; as enacted
    by sec. 1000(7) of Public Law 106-113) provided the following:
    ---------------------------------------------------------------------------

    ``sec. 1117. protection of united states companies.
    ---------------------------------------------------------------------------

        ``(a) Reimbursement.--During the 2-year period beginning on the
    date of the enactment of this Act, the United States National Authority
    (as designated pursuant to section 101 of the Chemical Weapons
    Convention Implementation Act of 1998 (as contained in division I of
    Public Law 105-277)) shall, upon request of the Director of the Federal
    Bureau of Investigation, reimburse the Federal Bureau of Investigation
    for all costs incurred by the Bureau for such period in connection with
    implementation of section 303(b)(2)(A) of that Act, except that such
    reimbursement may not exceed $2,000,000 for such 2-year period.
        ``(b) Report.--Not later than 180 days prior to the expiration of
    the 2-year period described in subsection (a), the Director of the
    Federal Bureau of Investigation shall prepare and submit to the
    Committee on International Relations of the House of Representatives
    and the Committee on Foreign Relations of the Senate a report on how
    activities under section 303(b)(2)(A) of the Chemical Weapons
    Convention Implementation Act of 1998 will be fully funded and
    implemented by the Federal Bureau of Investigation notwithstanding the
    expiration of the 2-year period described in subsection (a).''.
    ---------------------------------------------------------------------------
                      (B) no employee of the Environmental
                    Protection Agency or the Occupational Safety
                    and Health Administration accompanies any
                    inspection team visit conducted pursuant to
                    paragraph (1); and
                      (C) the number of duly designated
                    representatives shall be kept to the minimum
                    necessary.
              (3) Objections to individuals serving as
            inspectors.--
                      (A) In general.--In deciding whether to
                    exercise the right of the United States under
                    the Convention to object to an individual
                    serving as an inspector, the President shall
                    give great weight to his reasonable belief
                    that--
                              (i) such individual is or has been a
                            member of, or a participant in, any
                            group or organization that has engaged
                            in, or attempted or conspired to engage
                            in, or aided or abetted in the
                            commission of, any terrorist act or
                            activity;
                              (ii) such individual has committed
                            any act or activity which would be a
                            felony under the laws of the United
                            States; or
                              (iii) the participation of such
                            individual as a member of an inspection
                            team would pose a risk to the national
                            security or economic well-being of the
                            United States.
                      (B) Not subject to judicial review.--Any
                    objection by the President to an individual
                    serving as an inspector, whether made pursuant
                    to this section or otherwise, shall not be
                    reviewable in any court.
        (c) \13\ Exception.--The requirement under subsection
    (b)(2)(A) shall not apply to inspections of United States
    chemical weapons destruction facilities (as used within the
    meaning of part IV(C)(13) of the Verification Annex to the
    Convention).
    ---------------------------------------------------------------------------
        \13\ Sec. 305 of the Security Assistance Act of 2000 (Public Law
    106-280; 114 Stat. 854) added subsec. (c).
    ---------------------------------------------------------------------------

    SEC. 304.\14\ PROCEDURES FOR INSPECTIONS.

        (a) Types of Inspections.--Each inspection of a plant,
    plant site, or other facility or location in the United States
    under the Convention shall be conducted in accordance with this
    section and section 305, except where other procedures are
    provided in a facility agreement entered into under section
    302.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 6724.
    ---------------------------------------------------------------------------
        (b) Notice.--
              (1) In general.--An inspection referred to in
            subsection (a) may be made only upon issuance of an
            actual written notice by the United States National
            Authority to the owner and to the operator, occupant,
            or agent in charge of the premises to be inspected.
              (2) Time of Notification.--The notice for a routine
            inspection shall be submitted to the owner and to the
            operator, occupant, or agent in charge within six hours
            of receiving the notification of the inspection from
            the Technical Secretariat or as soon as possible
            thereafter. Notice for a challenge inspection shall be
            provided at any appropriate time determined by the
            United States National Authority. Notices may be posted
            prominently at the plant, plant site, or other facility
            or location if the United States is unable to provide
            actual written notice to the owner, operator, or agent
            in charge of the premises.
              (3) Content of notice.--
                      (A) In general.--The notice under paragraph
                    (1) shall include all appropriate information
                    supplied by the Technical Secretariat to the
                    United States National Authority concerning--
                              (i) the type of inspection;
                              (ii) the basis for the selection of
                            the plant, plant site, or other
                            facility or location for the type of
                            inspection sought;
                              (iii) the time and date that the
                            inspection will begin and the period
                            covered by the inspection; and
                              (iv) the names and titles of the
                            inspectors.
                      (B) Special rule for challenge inspections.--
                    In the case of a challenge inspection pursuant
                    to Article IX of the Convention, the notice
                    shall also include all appropriate evidence or
                    reasons provided by the requesting state party
                    to the Convention for seeking the inspection.
              (4) Separate notices required.--A separate notice
            shall be provided for each inspection, except that a
            notice shall not be required for each entry made during
            the period covered by the inspection.
        (c) Credentials.--The head of the inspection team of the
    Technical Secretariat and the accompanying employees of the
    Federal Government (and, in the case of an inspection of a
    United States Government facility, any accompanying contractor
    personnel)\15\ shall display appropriate identifying
    credentials to the owner, operator, occupant, or agent in
    charge of the premises before the inspection is commenced.
    ---------------------------------------------------------------------------
        \15\ Sec. 1204(b) of the National Defense Authorization Act for
    Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1247) struck out
    ``Federal government'' and inserted in lieu thereof ``Federal
    Government (and, in the case of an inspection of a United States
    Government facility, any accompanying contractor personnel)''.
    ---------------------------------------------------------------------------
        (d) Timeframe for Inspections.--Consistent with the
    provisions of the Convention, each inspection shall be
    commenced and completed with reasonable promptness and shall be
    conducted at reasonable times, within reasonable limits, and in
    a reasonable manner.
        (e) Scope.--
              (1) In general.--Except as provided in a warrant
            issued under section 305 or a facility agreement
            entered into under section 302, an inspection conducted
            under this title may extend to all things within the
            premises inspected (including records, files, papers,
            processes, controls, structures and vehicles) related
            to whether the requirements of the Convention
            applicable to such premises have been complied with.
              (2) Exception.--Unless required by the Convention, no
            inspection under this title shall extend to--
                      (A) financial data;
                      (B) sales and marketing data (other than
                    shipment data);
                      (C) pricing data;
                      (D) personnel data;
                      (E) research data;
                      (F) patent data;
                      (G) data maintained for compliance with
                    environmental or occupational health and safety
                    regulations; or
                      (H) personnel and vehicles entering and
                    personnel and personal passenger vehicles
                    exiting the facility.
        (f) Sampling and Safety.--
              (1) In general.--The Director of the United States
            National Authority is authorized to require the
            provision of samples to a member of the inspection team
            of the Technical Secretariat in accordance with the
            provisions of the Convention. The owner or the
            operator, occupant or agent in charge of the premises
            to be inspected shall determine whether the sample
            shall be taken by representatives of the premises or
            the inspection team or other individuals present. No
            sample collected in the United States pursuant to an
            inspection permitted by this Act may be transferred for
            analysis to any laboratory outside the territory of the
            United States.
              (2) Compliance with regulations.--In carrying out
            their activities, members of the inspection team of the
            Technical Secretariat and representatives of agencies
            or departments accompanying the inspection team shall
            observe safety regulations established at the premises
            to be inspected, including those for protection of
            controlled environments within a facility and for
            personal safety.
        (g) Coordination.--The appropriate representatives of the
    United States, as designated, if present, shall assist the
    owner and the operator, occupant or agent in charge of the
    premises to be inspected in interacting with the members of the
    inspection team of the Technical Secretariat.

    SEC. 305.\16\ WARRANTS.

        (a) In General.--The United States Government shall seek
    the consent of the owner or the operator, occupant, or agent in
    charge of the premises to be inspected prior to any inspection
    referred to in section 304(a). If consent is obtained, a
    warrant is not required for the inspection. The owner or the
    operator, occupant, or agent in charge of the premises to be
    inspected may withhold consent for any reason or no reason.
    After providing notification pursuant to subsection (b), the
    United States Government may seek a search warrant from a
    United States magistrate judge. Proceedings regarding the
    issuance of a search warrant shall be conducted ex parte,
    unless otherwise requested by the United States Government.
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 6725.
    ---------------------------------------------------------------------------
        (b) Routine Inspections.--
              (1) Obtaining administrative search warrants.--For
            any routine inspection conducted on the territory of
            the United States pursuant to Article VI of the
            Convention, where consent has been withheld, the United
            States Government shall first obtain an administrative
            search warrant from a judge of the United States. The
            United States Government shall provide to the judge of
            the United States all appropriate information supplied
            by the Technical Secretariat to the United States
            National Authority regarding the basis for the
            selection of the plant site, plant, or other facility
            or location for the type of inspection sought. The
            United States Government shall also provide any other
            appropriate information available to it relating to the
            reasonableness of the selection of the plant, plant
            site, or other facility or location for the inspection.
              (2) Content of affidavits for administrative search
            warrants.--The judge of the United States shall
            promptly issue a warrant authorizing the requested
            inspection upon an affidavit submitted by the United
            States Government showing that--
                      (A) the Chemical Weapons Convention is in
                    force for the United States;
                      (B) the plant site, plant, or other facility
                    or location sought to be inspected is required
                    to report data under title IV of this Act and
                    is subject to routine inspection under the
                    Convention;
                      (C) the purpose of the inspection is--
                              (i) in the case of any facility owned
                            or operated by a non-Government entity
                            related to Schedule 1 chemical agents,
                            to verify that the facility is not used
                            to produce any Schedule 1 chemical
                            agent except for declared chemicals;
                            quantities of Schedule 1 chemicals
                            produced, processed, or consumed are
                            correctly declared and consistent with
                            needs for the declared purpose; and
                            Schedule 1 chemicals are not diverted
                            or used for other purposes;
                              (ii) in the case of any facility
                            related to Schedule 2 chemical agents,
                            to verify that activities are in
                            accordance with obligations under the
                            Convention and consistent with the
                            information provided in data
                            declarations; and
                              (iii) in the case of any facility
                            related to Schedule 3 chemical agents
                            and any other chemical production
                            facility, to verify that the activities
                            of the facility are consistent with the
                            information provided in data
                            declarations;
                      (D) the items, documents, and areas to be
                    searched and seized;
                      (E) in the case of a facility related to
                    Schedule 2 or Schedule 3 chemical agents or
                    unscheduled discrete organic chemicals, the
                    plant site has not been subject to more than 1
                    routine inspection in the current calendar
                    year, and, in the case of facilities related to
                    Schedule 3 chemical agents or unscheduled
                    discrete organic chemicals, the inspection will
                    not cause the number of routine inspections in
                    the United States to exceed 20 in a calendar
                    year;
                      (F) the selection of the site was made in
                    accordance with procedures established under
                    the Convention and, in particular--
                              (i) in the case of any facility owned
                            or operated by a non-Government entity
                            related to Schedule 1 chemical agents,
                            the intensity, duration, timing, and
                            mode of the requested inspection is
                            based on the risk to the object and
                            purpose of the Convention by the
                            quantities of chemical produced, the
                            characteristics of the facility and the
                            nature of activities carried out at the
                            facility, and the requested inspection,
                            when considered with previous such
                            inspections of the facility undertaken
                            in the current calendar year, shall not
                            exceed the number reasonably required
                            based on the risk to the object and
                            purpose of the Convention as described
                            above;
                              (ii) in the case of any facility
                            related to Schedule 2 chemical agents,
                            the Technical Secretariat gave due
                            consideration to the risk to the object
                            and purpose of the Convention posed by
                            the relevant chemical, the
                            characteristics of the plant site and
                            the nature of activities carried out
                            there, taking into account the
                            respective facility agreement as well
                            as the results of the initial
                            inspections and subsequent inspections;
                            and
                              (iii) in the case of any facility
                            related to Schedule 3 chemical agents
                            or unscheduled discrete organic
                            chemicals, the facility was selected
                            randomly by the Technical Secretariat
                            using appropriate mechanisms, such as
                            specifically designed computer
                            software, on the basis of two weighting
                            factors: (I) equitable geographical
                            distribution of inspections; and (II)
                            the information on the declared sites
                            available to the Technical Secretariat,
                            related to the relevant chemical, the
                            characteristics of the plant site, and
                            the nature of activities carried out
                            there;
                      (G) the earliest commencement and latest
                    closing dates and times of the inspection; and
                      (H) the duration of inspection will not
                    exceed time limits specified in the Convention
                    unless agreed by the owner, operator, or agent
                    in charge of the plant.
              (3) Content of warrants.--A warrant issued under
            paragraph (2) shall specify the same matters required
            of an affidavit under that paragraph. In addition to
            the requirements for a warrant issued under this
            paragraph, each warrant shall contain, if known, the
            identities of the representatives of the Technical
            Secretariat conducting the inspection and the observers
            of the inspection and, if applicable, the identities of
            the representatives of agencies or departments of the
            United States accompanying those representatives.
              (4) Challenge inspections.--
                      (A) Criminal search warrant.--For any
                    challenge inspection conducted on the territory
                    of the United States pursuant to Article IX of
                    the Chemical Weapons Convention, where consent
                    has been withheld, the United States Government
                    shall first obtain from a judge of the United
                    States a criminal search warrant based upon
                    probable cause, supported by oath or
                    affirmation, and describing with particularity
                    the place to be searched and the person or
                    things to be seized.
                      (B) Information provided.--The United States
                    Government shall provide to the judge of the
                    United States--
                              (i) all appropriate information
                            supplied by the Technical Secretariat
                            to the United States National Authority
                            regarding the basis for the selection
                            of the plant site, plant, or other
                            facility or location for the type of
                            inspection sought;
                              (ii) any other appropriate
                            information relating to the
                            reasonableness of the selection of the
                            plant, plant site, or other facility or
                            location for the inspection;
                              (iii) information concerning--
                                      (I) the duration and scope of
                                    the inspection;
                                      (II) areas to be inspected;
                                      (III) records and data to be
                                    reviewed; and
                                      (IV) samples to be taken;
                              (iv) appropriate evidence or reasons
                            provided by the requesting state party
                            for the inspection;
                              (v) any other evidence showing
                            probable cause to believe that a
                            violation of this Act has occurred or
                            is occurring; and
                              (vi) the identities of the
                            representatives of the Technical
                            Secretariat on the inspection team and
                            the Federal Government employees
                            accompanying the inspection team.
                      (C) Content of warrant.--The warrant shall
                    specify--
                              (i) the type of inspection
                            authorized;
                              (ii) the purpose of the inspection;
                              (iii) the type of plant site, plant,
                            or other facility or location to be
                            inspected;
                              (iv) the areas of the plant site,
                            plant, or other facility or location to
                            be inspected;
                              (v) the items, documents, data,
                            equipment, and computers that may be
                            inspected or seized;
                              (vi) samples that may be taken;
                              (vii) the earliest commencement and
                            latest concluding dates and times of
                            the inspection; and
                              (viii) the identities of the
                            representatives of the Technical
                            Secretariat on the inspection teams and
                            the Federal Government employees
                            accompanying the inspection team.

    SEC. 306.\17\ PROHIBITED ACTS RELATING TO INSPECTIONS.

        It shall be unlawful for any person willfully to fail or
    refuse to permit entry or inspection, or to disrupt, delay, or
    otherwise impede an inspection, authorized by this Act.
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 6726.
    ---------------------------------------------------------------------------

    SEC. 307.\18\ NATIONAL SECURITY EXCEPTION.

        Consistent with the objective of eliminating chemical
    weapons, the President may deny a request to inspect any
    facility in the United States in cases where the President
    determines that the inspection may pose a threat to the
    national security interests of the United States.
    ---------------------------------------------------------------------------
        \18\ 22 U.S.C. 6727.
    ---------------------------------------------------------------------------

    SEC. 308. PROTECTION OF CONSTITUTIONAL RIGHTS OF CONTRACTORS.

        (a) The Office of Federal Procurement Policy Act (41 U.S.C.
    403 et seq.) is amended by adding at the end the following: * *
    *
        (b) The table of contents in section 1(b) of such Act is
    amended by adding at the end the following: * * *

    SEC. 309.\19\ ANNUAL REPORT ON INSPECTIONS.

        (a) In General.--Not later than one year after the date of
    enactment of this Act, and annually thereafter, the President
    \20\ shall submit a report in classified and unclassified form
    to the appropriate congressional committees on inspections made
    under the Convention during the preceding year.
    ---------------------------------------------------------------------------
        \19\ 22 U.S.C. 6728.
        \20\ In sec. 1(a)(16) of Executive Order 13313 of July 31, 2003 (68
    F.R. 46073; August 5, 2003), the President assigned the reporting
    duties in subsec. (a) to the Secretary of State.
    ---------------------------------------------------------------------------
        (b) Content of Reports.--Each report shall contain the
    following information for the reporting period:
              (1) The name of each company or entity subject to the
            jurisdiction of the United States reporting data
            pursuant to title IV of this Act.
              (2) The number of inspections under the Convention
            conducted on the territory of the United States.
              (3) The number and identity of inspectors conducting
            any inspection described in paragraph (2) and the
            number of inspectors barred from inspection by the
            United States.
              (4) The cost to the United States for each inspection
            described in paragraph (2).
              (5) The total costs borne by United States business
            firms in the course of inspections described in
            paragraph (2).
              (6) A description of the circumstances surrounding
            inspections described in paragraph (2), including
            instances of possible industrial espionage and
            misconduct of inspectors.
              (7) The identity of parties claiming loss of trade
            secrets, the circumstances surrounding those losses,
            and the efforts taken by the United States Government
            to redress those losses.
              (8) A description of instances where inspections
            under the Convention outside the United States have
            been disrupted or delayed.
        (c) Definition.--The term ``appropriate congressional
    committees'' means the Committee on the Judiciary, the
    Committee on Foreign Relations, and the Select Committee on
    Intelligence of the Senate and the Committee on the Judiciary,
    the Committee on International Relations, and the Permanent
    Select Committee on Intelligence of the House of
    Representatives.

    SEC. 310.\21\ UNITED STATES ASSISTANCE IN INSPECTIONS AT PRIVATE
                        FACILITIES.

        (a) Assistance in Preparation for Inspections.--At the
    request of an owner of a facility not owned or operated by the
    United States Government, or contracted for use by or for the
    United States Government, the Secretary of Defense may assist
    the facility to prepare the facility for possible inspections
    pursuant to the Convention.
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 6729.
    ---------------------------------------------------------------------------
        (b) Reimbursement Requirement.--
              (1) In general.--Except as provided in paragraph (2),
            the owner of a facility provided assistance under
            subsection (a) shall reimburse the Secretary for the
            costs incurred by the Secretary in providing the
            assistance.
              (2) Exception.--In the case of assistance provided
            under subsection (a) to a facility owned by a person
            described in subsection (c), the United States National
            Authority shall reimburse the Secretary for the costs
            incurred by the Secretary in providing the assistance.
        (c) Owners Covered by United States National Authority
    Reimbursements.--Subsection (b)(2) applies in the case of
    assistance provided to the following:
              (1) Small business concerns.--A small business
            concern as defined in section 3 of the Small Business
            Act.
              (2) Domestic producers of schedule 3 or unscheduled
            discrete organic chemicals.--Any person located in the
            United States that--
                      (A) does not possess, produce, process,
                    consume, import, or export any Schedule 1 or
                    Schedule 2 chemical; and
                      (B) in the calendar year preceding the year
                    in which the assistance is to be provided,
                    produced--
                              (i) more than 30 metric tons of
                            Schedule 3 or unscheduled discrete
                            organic chemicals that contain
                            phosphorous, sulfur, or fluorine; or
                              (ii) more than 200 metric tons of
                            unscheduled discrete organic chemicals.

                               TITLE IV--REPORTS

    SEC. 401.\22\ REPORTS REQUIRED BY THE UNITED STATES NATIONAL AUTHORITY.

        (a) Regulations on Recordkeeping.--
              (1) Requirements.--The United States National
            Authority shall ensure that regulations are prescribed
            that require each person located in the United States
            who produces, processes, consumes, exports, or imports,
            or proposes to produce, process, consume, export, or
            import, a chemical substance that is subject to the
            Convention to--
    ---------------------------------------------------------------------------
        \22\ 22 U.S.C. 6741.
    ---------------------------------------------------------------------------
                      (A) maintain and permit access to records
                    related to that production, processing,
                    consumption, export, or import of such
                    substance; and
                      (B) submit to the Director of the United
                    States National Authority such reports as the
                    United States National Authority may reasonably
                    require to provide to the Organization,
                    pursuant to subparagraph 1(a) of the Annex on
                    Confidentiality of the Convention, the minimum
                    amount of information and data necessary for
                    the timely and efficient conduct by the
                    Organization of its responsibilities under the
                    Convention.
              (2) Rulemaking.--The Director of the United States
            National Authority shall ensure that regulations
            pursuant to this section are prescribed expeditiously.
        (b) Coordination.--
              (1) Avoidance of duplication.--To the extent
            feasible, the United States Government shall not
            require the submission of any report that is
            unnecessary or duplicative of any report required by or
            under any other law. The head of each Federal agency
            shall coordinate the actions of that agency with the
            heads of the other Federal agencies in order to avoid
            the imposition of duplicative reporting requirements
            under this Act or any other law.
              (2) Definition.--As used in paragraph (1), the term
            ``Federal agency'' has the meaning given the term
            ``agency'' in section 551(1) of title 5, United States
            Code.

    SEC. 402.\23\ PROHIBITION RELATING TO LOW CONCENTRATIONS OF SCHEDULE 2
                        AND 3 CHEMICALS.

        (a) Prohibition.--Notwithstanding any other provision of
    this Act, no person located in the United States shall be
    required to report on, or to submit to, any routine inspection
    conducted for the purpose of verifying the production,
    possession, consumption, exportation, importation, or proposed
    production, possession, consumption, exportation, or
    importation of any substance that contains less than--
    ---------------------------------------------------------------------------
        \23\ 22 U.S.C. 6742.
    ---------------------------------------------------------------------------
              (1) 10 percent concentration of a Schedule 2
            chemical; or
              (2) 80 percent concentration of a Schedule 3
            chemical.
        (b) Standard for Measurement of Concentration.--The percent
    concentration of a chemical in a substance shall be measured on
    the basis of volume or total weight, which measurement yields
    the lesser percent.

    SEC. 403.\24\ PROHIBITION RELATING TO UNSCHEDULED DISCRETE ORGANIC
                        CHEMICALS AND COINCIDENTAL BYPRODUCTS IN WASTE
                        STREAMS.

        (a) Prohibition.--Notwithstanding any other provision of
    this Act, no person located in the United States shall be
    required to report on, or to submit to, any routine inspection
    conducted for the purpose of verifying the production,
    possession, consumption, exportation, importation, or proposed
    production, possession, consumption, exportation, or
    importation of any substance that is--
    ---------------------------------------------------------------------------
        \24\ 22 U.S.C. 6743.
    ---------------------------------------------------------------------------
              (1) an unscheduled discrete organic chemical; and
              (2) a coincidental byproduct of a manufacturing or
            production process that is not isolated or captured for
            use or sale during the process and is routed to, or
            escapes, from the waste stream of a stack, incinerator,
            or wastewater treatment system or any other waste
            stream.

    SEC. 404.\25\ CONFIDENTIALITY OF INFORMATION.

        (a) Freedom of Information Act Exemption for Certain
    Convention Information.--Except as provided in subsection (b)
    or (c), any confidential business information, as defined in
    section 103(g), reported to, or otherwise acquired by, the
    United States Government under this Act or under the Convention
    shall not be disclosed under section 552(a) of title 5, United
    States Code.
    ---------------------------------------------------------------------------
        \25\ 22 U.S.C. 6744.
    ---------------------------------------------------------------------------
        (b) Exceptions.--
              (1) Information for the technical secretariat.--
            Information shall be disclosed or otherwise provided to
            the Technical Secretariat or other states parties to
            the Chemical Weapons Convention in accordance with the
            Convention, in particular, the provisions of the Annex
            on the Protection of Confidential Information.
              (2) Information for congress.--Information shall be
            made available to any committee or subcommittee of
            Congress with appropriate jurisdiction upon the written
            request of the chairman or ranking minority member of
            such committee or subcommittee, except that no such
            committee or subcommittee, and no member and no staff
            member of such committee or subcommittee, shall
            disclose such information or material except as
            otherwise required or authorized by law.
              (3) Information for enforcement actions.--Information
            shall be disclosed to other Federal agencies for
            enforcement of this Act or any other law, and shall be
            disclosed or otherwise provided when relevant in any
            proceeding under this Act or any other law, except that
            disclosure or provision in such a proceeding shall be
            made in such manner as to preserve confidentiality to
            the extent practicable without impairing the
            proceeding.
        (c) Information Disclosed in the National Interest.--
              (1) Authority.--The United States Government shall
            disclose any information reported to, or otherwise
            required by the United States Government under this Act
            or the Convention, including categories of such
            information, that it determines is in the national
            interest to disclose and may specify the form in which
            such information is to be disclosed.
              (2) Notice of disclosure.--
                      (A) Requirement.--If any Department or agency
                    of the United States Government proposes
                    pursuant to paragraph (1) to publish or
                    disclose or otherwise provide information
                    exempt from disclosure under subsection (a),
                    the United States National Authority shall,
                    unless contrary to national security or law
                    enforcement needs, provide notice of intent to
                    disclose the information--
                              (i) to the person that submitted such
                            information; and
                              (ii) in the case of information about
                            a person received from another source,
                            to the person to whom that information
                            pertains.

                    The information may not be disclosed until the
                    expiration of 30 days after notice under this
                    paragraph has been provided.
                      (B) Proceedings on objections.--In the event
                    that the person to which the information
                    pertains objects to the disclosure, the agency
                    shall promptly review the grounds for each
                    objection of the person and shall afford the
                    objecting person a hearing for the purpose of
                    presenting the objections to the disclosure.
                    Not later than 10 days before the scheduled or
                    rescheduled date for the disclosure, the United
                    States National Authority shall notify such
                    person regarding whether such disclosure will
                    occur notwithstanding the objections.
        (d) Criminal Penalty for Wrongful Disclosure.--Any officer
    or employee of the United States, and any former officer or
    employee of the United States, who by reason of such employment
    or official position has obtained possession of, or has access
    to, information the disclosure or other provision of which is
    prohibited by subsection (a), and who, knowing that disclosure
    or provision of such information is prohibited by such
    subsection, willfully discloses or otherwise provides the
    information in any manner to any person (including any person
    located outside the territory of the United States) not
    authorized to receive it, shall be fined under title 18, United
    States Code, or imprisoned for not more than five years, or
    both.
        (e) Criminal Forfeiture.--The property of any person who
    violates subsection (d) shall be subject to forfeiture to the
    United States in the same manner and to the same extent as is
    provided in section 229C of title 18, United States Code, as
    added by this Act.
        (f) International Inspectors.--The provisions of this
    section shall also apply to employees of the Technical
    Secretariat.

    SEC. 405.\26\ RECORDKEEPING VIOLATIONS.

        It shall be unlawful for any person willfully to fail or
    refuse--
    ---------------------------------------------------------------------------
        \26\ 22 U.S.C. 6745.
    ---------------------------------------------------------------------------
              (1) to establish or maintain any record required by
            this Act or any regulation prescribed under this Act;
              (2) to submit any report, notice, or other
            information to the United States Government in
            accordance with this Act or any regulation prescribed
            under this Act; or
              (3) to permit access to or copying of any record that
            is exempt from disclosure under this Act or any
            regulation prescribed under this Act.

                              TITLE V--ENFORCEMENT

    SEC. 501.\27\ PENALTIES.

        (a) Civil.--
    ---------------------------------------------------------------------------
        \27\ 22 U.S.C. 6761.
    ---------------------------------------------------------------------------
              (1) Penalty amounts.--
                      (A) Prohibited acts relating to
                    inspections.--Any person that is determined, in
                    accordance with paragraph (2), to have violated
                    section 306 of this Act shall be required by
                    order to pay a civil penalty in an amount not
                    to exceed $25,000 for each such violation. For
                    purposes of this paragraph, each day such a
                    violation of section 306 continues shall
                    constitute a separate violation of that
                    section.
                      (B) Recordkeeping violations.--Any person
                    that is determined, in accordance with
                    paragraph (2), to have violated section 405 of
                    this Act shall be required by order to pay a
                    civil penalty in an amount not to exceed $5,000
                    for each such violation.
              (2) Hearing.--
                      (A) In general.--Before imposing an order
                    described in paragraph (1) against a person
                    under this subsection for a violation of
                    section 306 or 405, the Secretary of State
                    shall provide the person or entity with notice
                    and, upon request made within 15 days of the
                    date of the notice, a hearing respecting the
                    violation.
                      (B) Conduct of hearing.--Any hearing so
                    requested shall be conducted before an
                    administrative law judge. The hearing shall be
                    conducted in accordance with the requirements
                    of section 554 of title 5, United States Code.
                    If no hearing is so requested, the Secretary of
                    State's imposition of the order shall
                    constitute a final and unappealable order.
                      (C) Issuance of orders.--If the
                    administrative law judge determines, upon the
                    preponderance of the evidence received, that a
                    person or entity named in the complaint has
                    violated section 306 or 405, the administrative
                    law judge shall state his findings of fact and
                    issue and cause to be served on such person or
                    entity an order described in paragraph (1).
                      (D) Factors for determination of penalty
                    amounts.--In determining the amount of any
                    civil penalty, the administrative law judge
                    shall take into account the nature,
                    circumstances, extent, and gravity of the
                    violation or violations and, with respect to
                    the violator, the ability to pay, effect on
                    ability to continue to do business, any history
                    of prior such violations, the degree of
                    culpability, the existence of an internal
                    compliance program, and such other matters as
                    justice may require.
              (3) Administrative appellate review.--The decision
            and order of an administrative law judge shall become
            the final agency decision and order of the head of the
            United States National Authority unless, within 30
            days, the head of the United States National Authority
            modifies or vacates the decision and order, with or
            without conditions, in which case the decision and
            order of the head of the United States National
            Authority shall become a final order under this
            subsection.
              (4) Offsets.--The amount of the civil penalty under a
            final order of the United States National Authority may
            be deducted from any sums owed by the United States to
            the person.
              (5) Judicial review.--A person adversely affected by
            a final order respecting an assessment may, within 30
            days after the date the final order is issued, file a
            petition in the Court of Appeals for the District of
            Columbia Circuit or for any other circuit in which the
            person resides or transacts business.
              (6) Enforcement of orders.--If a person fails to
            comply with a final order issued under this subsection
            against the person or entity--
                      (A) after the order making the assessment has
                    become a final order and if such person does
                    not file a petition for judicial review of the
                    order in accordance with paragraph (5), or
                      (B) after a court in an action brought under
                    paragraph (5) has entered a final judgment in
                    favor of the United States National Authority,
    the Secretary of State shall file a suit to seek compliance
    with the order in any appropriate district court of the United
    States, plus interest at currently prevailing rates calculated
    from the date of expiration of the 30-day period referred to in
    paragraph (5) or the date of such final judgment, as the case
    may be. In any such suit, the validity and appropriateness of
    the final order shall not be subject to review.
        (b) Criminal.--Any person who knowingly violates any
    provision of section 306 or 405 of this Act, shall, in addition
    to or in lieu of any civil penalty which may be imposed under
    subsection (a) for such violation, be fined under title 18,
    United States Code, imprisoned for not more than one year, or
    both.

    SEC. 502.\28\ SPECIFIC ENFORCEMENT.

        (a) Jurisdiction.--The district courts of the United States
    shall have jurisdiction over civil actions to--
    ---------------------------------------------------------------------------
        \28\ 22 U.S.C. 6762.
    ---------------------------------------------------------------------------
              (1) restrain any violation of section 306 or 405 of
            this Act; and
              (2) compel the taking of any action required by or
            under this Act or the Convention.
        (b) Civil Actions.--
              (1) In general.--A civil action described in
            subsection (a) may be brought--
                      (A) in the case of a civil action described
                    in subsection (a)(1), in the United States
                    district court for the judicial district in
                    which any act, omission, or transaction
                    constituting a violation of section 306 or 405
                    occurred or in which the defendant is found or
                    transacts business; or
                      (B) in the case of a civil action described
                    in subsection (a)(2), in the United States
                    district court for the judicial district in
                    which the defendant is found or transacts
                    business.
              (2) Service of process.--In any such civil action
            process may be served on a defendant wherever the
            defendant may reside or may be found, whether the
            defendant resides or may be found within the United
            States or elsewhere.

    SEC. 503.\29\ EXPEDITED JUDICIAL REVIEW.

        (a) Civil Action.--Any person or entity subject to a search
    under this Act may file a civil action challenging the
    constitutionality of any provision of this Act. Notwithstanding
    any other provision of law, during the full calendar year of,
    and the two full calendar years following, the enactment of
    this Act, the district court shall accord such a case a
    priority in its disposition ahead of all other civil actions
    except for actions challenging the legality and conditions of
    confinement.
    ---------------------------------------------------------------------------
        \29\ 22 U.S.C. 6763.
    ---------------------------------------------------------------------------
        (b) En Banc Review.--Notwithstanding any other provision of
    law, during the full calendar year of, and the two full
    calendar years following, the enactment of this Act, any appeal
    from a final order entered by a district court in an action
    brought under subsection (a) shall be heard promptly by the
    full Court of Appeals sitting en banc.

                       TITLE VI--MISCELLANEOUS PROVISIONS

    SEC. 601. REPEAL.

        Section 808 of the Department of Defense Appropriation
    Authorization Act, 1978 (50 U.S.C. 1520; relating to the use of
    human subjects for the testing of chemical or biological
    agents) is repealed.

    SEC. 602.\30\ PROHIBITION.

        (a) In General.--Neither the Secretary of Defense nor any
    other officer or employee of the United States may, directly or
    by contract--
    ---------------------------------------------------------------------------
        \30\ 22 U.S.C. 6771.
    ---------------------------------------------------------------------------
              (1) conduct any test or experiment involving the use
            of any chemical or biological agent on a civilian
            population; or
              (2) use human subjects for the testing of chemical or
            biological agents.
        (b) Construction.--Nothing in subsection (a) may be
    construed to prohibit actions carried out for purposes not
    prohibited by this Act (as defined in section 3(8)).
        (c) Biological Agent Defined.--In this section, the term
    ``biological agent'' means any micro-organism (including
    bacteria, viruses, fungi, rickettsiae or protozoa), pathogen,
    or infectious substance, or any naturally occurring, bio-
    engineered or synthesized component of any such micro-organism,
    pathogen, or infectious substance, whatever its origin or
    method of production, capable of causing--
              (1) death, disease, or other biological malfunction
            in a human, an animal, a plant, or another living
            organism;
              (2) deterioration of food, water, equipment,
            supplies, or materials of any kind; or
              (3) deleterious alteration of the environment.

    SEC. 603. BANKRUPTCY ACTIONS.

        Section 362(b) of title 11, United States Code, is
    amended-- * * *
           m. Defense Against Weapons of Mass Destruction Act of 1998

      Partial text of Public Law 105-261 [Strom Thurmond National Defense
      Authorization Act for Fiscal Year 1999; H.R. 3616], 112 Stat. 1920,
     approved October 17, 1998; as amended by Public Law 106-65 [National
      Defense Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat.
      512, approved October 5, 1999; Public Law 106-398 [National Defense
       Authorization Act, Fiscal Year 2001; H.R. 4205], 114 Stat. 1654,
        approved October 30, 2000; Public Law 107-107 [National Defense
       Authorization Act for Fiscal Year 2002; S. 1438], 115 Stat. 1012,
     approved December 28, 2001; and Public Law 107-296 [Homeland Security
      Act of 2002; H.R. 5005], 116 Stat. 2135, approved November 25, 2002

     AN ACT To authorize appropriations for fiscal year 1999 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,
              * * * * * * *

     TITLE XIV--DOMESTIC PREPAREDNESS FOR DEFENSE AGAINST WEAPONS OF MASS
                                DESTRUCTION \1\

    Sec. 1401. Short title.
    Sec. 1402. Domestic preparedness for response to threats of terrorist
              use of weapons of mass destruction.
    Sec. 1403. Report on domestic emergency preparedness.
    Sec. 1404. Threat and risk assessments.
    Sec. 1405. Advisory panel to assess domestic response capabilities for
              terrorism
              involving weapons of mass destruction.

    SEC. 1401. SHORT TITLE.

        This title may be cited as the ``Defense Against Weapons of
    Mass Destruction Act of 1998''.
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 2301 note.
    ---------------------------------------------------------------------------

    SEC. 1402. DOMESTIC PREPAREDNESS FOR RESPONSE TO THREATS OF TERRORIST
                        USE OF WEAPONS OF MASS DESTRUCTION.

        (a) Enhanced Response Capability.--In light of the
    continuing potential for terrorist use of weapons of mass
    destruction against the United States and the need to develop a
    more fully coordinated response to that threat on the part of
    Federal, State, and local agencies, the President shall act to
    increase the effectiveness at the Federal, State, and local
    level of the domestic emergency preparedness program for
    response to terrorist incidents involving weapons of mass
    destruction by utilizing the President's existing authorities
    to develop an integrated program that builds upon the program
    established under the Defense Against Weapons of Mass
    Destruction Act of 1996 (title XIV of Public Law 104-201; 110
    Stat. 2714; 50 U.S.C. 2301 et seq.).
        (b) Report.--Not later than January 31, 1999, the President
    shall submit to Congress a report containing information on the
    actions taken at the Federal, State, and local level to develop
    an integrated program to prevent and respond to terrorist
    incidents involving weapons of mass destruction.

    SEC. 1403.\2\ * * * [REPEALED--2002]

    SEC. 1404.\3\ THREAT AND RISK ASSESSMENTS.

        (a) Threat and Risk Assessments.--Assistance to Federal,
    State, and local agencies provided under the program under
    section 1402 shall include the performance of assessments of
    the threat and risk of terrorist employment of weapons of mass
    destruction against cities and other local areas. Such
    assessments shall be used by Federal, State, and local agencies
    to determine the training and equipment requirements under this
    program and shall be performed as a collaborative effort with
    State and local agencies.
    ---------------------------------------------------------------------------
        \2\ Formerly at 50 U.S.C. 2301 note. Sec. 889(b)(2) of the Homeland
    Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) repealed this
    section. The section amended sec. 1051 of the National Defense
    Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat.
    1889; 31 U.S.C. 1113 note) by adding subsec. (c), which required that
    the President submit an annex, attached to the annual report required
    in subsec. (b) of sec. 1051, containing information on the domestic
    emergency preparedness program for response to terrorist incidents
    involving weapons of mass destruction.
        \3\ Sec. 1064 of the National Defense Authorization Act for Fiscal
    Year 2000 (Public Law 106-65; 113 Stat. 769) replaced the former sec.
    1404 with this section. The former sec. 1404 read as follows:
    ---------------------------------------------------------------------------

    ``sec. 1404. threat and risk assessments.
    ---------------------------------------------------------------------------

        ``(a) Requirement To Develop Methodologies.--The Attorney General,
    in consultation with the Director of the Federal Bureau of
    Investigation and representatives of appropriate Federal, State, and
    local agencies, shall develop and test methodologies for assessing the
    threat and risk of terrorist employment of weapons of mass destruction
    against cities and other local areas. The results of the tests may be
    used to determine the training and equipment requirements under the
    program developed under section 1402. The methodologies required by
    this subsection shall be developed using cities or local areas selected
    by the Attorney General, acting in consultation with the Director of
    the Federal Bureau of Investigation and appropriate representatives of
    Federal, State, and local agencies.
        ``(b) Required Completion Date.--The requirements in subsection (a)
    shall be completed not later than 1 year after the date of the
    enactment of this Act.''.
    ---------------------------------------------------------------------------
        (b) Conduct of Assessments.--The Department of Justice, as
    lead Federal agency for domestic crisis management in response
    to terrorism involving weapons of mass destruction, shall--
              (1) conduct any threat and risk assessment performed
            under subsection (a) in coordination with appropriate
            Federal, State, and local agencies; and
              (2) develop procedures and guidance for conduct of
            the threat and risk assessment in consultation with
            officials from the intelligence community.

    SEC. 1405. ADVISORY PANEL TO ASSESS DOMESTIC RESPONSE CAPABILITIES FOR
                        TERRORISM INVOLVING WEAPONS OF MASS DESTRUCTION.

        (a) Requirement for Panel.--The Secretary of Defense, in
    consultation with the Attorney General, the Secretary of
    Energy, the Secretary of Health and Human Services, and the
    Director of the Federal Emergency Management Agency, shall
    enter into a contract with a federally funded research and
    development center to establish a panel to assess the
    capabilities for domestic response to terrorism involving
    weapons of mass destruction.
        (b) Composition of Panel; Selection.--(1) The panel shall
    be composed of members who shall be private citizens of the
    United States with knowledge and expertise in emergency
    response matters.
        (2) Members of the panel shall be selected by the federally
    funded research and development center in accordance with the
    terms of the contract established pursuant to subsection (a).
        (c) Procedures for Panel.--The federally funded research
    and development center shall be responsible for establishing
    appropriate procedures for the panel, including procedures for
    selection of a panel chairman.
        (d) Duties of Panel.--The panel shall--
              (1) assess Federal agency efforts to enhance domestic
            preparedness for incidents involving weapons of mass
            destruction;
              (2) assess the progress of Federal training programs
            for local emergency responses to incidents involving
            weapons of mass destruction;
              (3) assess deficiencies in programs for response to
            incidents involving weapons of mass destruction,
            including a review of unfunded communications,
            equipment, and planning requirements, and the needs of
            maritime regions;
              (4) recommend strategies for ensuring effective
            coordination with respect to Federal agency weapons of
            mass destruction response efforts, and for ensuring
            fully effective local response capabilities for weapons
            of mass destruction incidents; and
              (5) assess the appropriate roles of State and local
            government in funding effective local response
            capabilities.
        (e) Deadline To Enter Into Contract.--The Secretary of
    Defense shall enter into the contract required under subsection
    (a) not later than 60 days after the date of the enactment of
    this Act.
        (f) Deadline for Selection of Panel Members.--Selection of
    panel members shall be made not later than 30 days after the
    date on which the Secretary enters into the contract required
    by subsection (a).
        (g) Initial Meeting of the Panel.--The panel shall conduct
    its first meeting not later than 30 days after the date that
    all the selections to the panel have been made.
        (h) Reports.--(1) Not later than 6 months after the date of
    the first meeting of the panel, the panel shall submit to the
    President and to Congress an initial report setting forth its
    findings, conclusions, and recommendations for improving
    Federal, State, and local domestic emergency preparedness to
    respond to incidents involving weapons of mass destruction.
        (2) Not later than December 15 of each year, beginning in
    1999 and ending in 2003,\4\ the panel shall submit to the
    President and to the Congress a report setting forth its
    findings, conclusions, and recommendations for improving
    Federal, State, and local domestic emergency preparedness to
    respond to incidents involving weapons of mass destruction.
    ---------------------------------------------------------------------------
        \4\ Sec. 1514(a)(1) of the National Defense Authorization Act for
    Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1273) struck out
    ``2001'' and inserted in lieu thereof ``2003''.
    ---------------------------------------------------------------------------
        (i) Cooperation of Other Agencies.--(1) The panel may
    secure directly from the Department of Defense, the Department
    of Energy, the Department of Health and Human Services, the
    Department of Justice, and the Federal Emergency Management
    Agency, or any other Federal department or agency information
    that the panel considers necessary for the panel to carry out
    its duties.
        (2) The Attorney General, the Secretary of Defense, the
    Secretary of Energy, the Secretary of Health and Human
    Services, the Director of the Federal Emergency Management
    Agency, and any other official of the United States shall
    provide the panel with full and timely cooperation in carrying
    out its duties under this section.
        (j) Funding.--The Secretary of Defense shall provide the
    funds necessary for the panel to carry out its duties from the
    funds available to the Department of Defense for weapons of
    mass destruction preparedness initiatives.
        (k) \5\ Compensation of Panel Members.--The provisions of
    paragraph (4) of section 591(c) of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1999
    (as contained in section 101(d) of division A of the Omnibus
    Consolidated and Emergency Supplemental Appropriations Act,
    1999 (Public Law 105-277; 112 Stat. 2681-212)), shall apply to
    members of the panel in the same manner as to members of the
    National Commission on Terrorism under that paragraph.
    ---------------------------------------------------------------------------
        \5\ Sec. 1514(b)(1) of the National Defense Authorization Act for
    Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1012) amended and
    restated the former subsec. (k). Sec. 1514(b)(2) stated that this
    amendment ``shall apply with respect to periods of service on the
    advisory panel under section 1405 of the Strom Thurmond National
    Defense Authorization Act for Fiscal Year 1999 on or after the date of
    the enactment of this Act.'' Subsec. (k) previously read as follows:
        ``(k) Compensation of Panel Members.--(1) Members of the panel
    shall serve without pay by reason of their work on the panel.
        ``(2) Members of the panel shall be allowed travel expenses,
    including per diem in lieu of subsistence, at rates authorized for
    employees of agencies under chapter 57 of title 5, United States Code,
    while away from their homes or regular place of business in performance
    of services for the panel.''.
        Sec. 1087(d)(7) of the Floyd D. Spence National Defense
    Authorization Act for Fiscal Year 2001 (Public Law 106-398; 114 Stat.
    1654) had earlier struck out ``subchapter'' where it appeared in the
    former subsec. (k)(2) and inserted in lieu thereof ``chapter'' so that
    it read ``chapter 57''.
    ---------------------------------------------------------------------------
        (l) Termination of the Panel.--The panel shall terminate
    five years \6\ after the date of the appointment of the member
    selected as chairman of the panel.
    ---------------------------------------------------------------------------
        \6\ Sec. 1514(a)(2) of the National Defense Authorization Act for
    Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1012) struck out
    ``three years'' and inserted in lieu thereof ``five years''.
    ---------------------------------------------------------------------------
        (m) Definition.--In this section, the term ``weapon of mass
    destruction'' has the meaning given that term in section
    1403(1) of the Defense Against Weapons of Mass Destruction Act
    of 1996 (50 U.S.C. 2302(1)).
              * * * * * * *
    n. Combatting Proliferation of Weapons of Mass Destruction Act of 1996
                                      \1\

    Partial text of Public Law 104-293 [Intelligence Authorization Act for
      Fiscal Year 1997; H.R. 3259], 110 Stat. 3461, approved October 11,
       1996; as amended by Public Law 105-277 [Omnibus Consolidated and
    Emergency Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat.
       2681, approved October 21, 1998; Public Law 107-306 [Intelligence
      Authorization Act for Fiscal Year 2003; H.R. 4628], 116 Stat. 2383,
      approved November 27, 2002; Public Law 107-314 [Bob Stump National
     Defense Authorization Act for Fiscal Year 2003; H.R. 4546], 116 Stat.
     2458, approved December 2, 2002; and Public Law 108-177 [Intelligence
      Authorization Act for Fiscal Year 2004; H.R. 2417], 117 Stat. 2599,
                           approved December 13, 2003

          AN ACT To authorize appropriations for fiscal year 1997 for
     intelligence and intelligence-related activities of the United States
         Government, the Community Management Account, and the Central
      Intelligence Agency Retirement and Disability System, and for other
                                   purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the
    ``Intelligence Authorization Act for Fiscal Year 1997''.
    ---------------------------------------------------------------------------
        \1\ The title is as enrolled.
    ---------------------------------------------------------------------------
        (b) Table of Contents.-- * * *
              * * * * * * *

                      TITLE VII--COMBATTING PROLIFERATION

    SEC. 701.\2\ SHORT TITLE.

        This title may be cited as the ``Combatting Proliferation
    of Weapons of Mass Destruction Act of 1996''.
    ---------------------------------------------------------------------------
        \2\ 50 U.S.C. 2301 note.
    ---------------------------------------------------------------------------

    Subtitle A--Assessment of Organization and Structure of Government for
                            Combatting Proliferation

    SEC. 711.\3\ ESTABLISHMENT OF COMMISSION.

        (a) Establishment.--There is established a commission to be
    known as the Commission to Assess the Organization of the
    Federal Government to Combat the Proliferation of Weapons of
    Mass Destruction (in this subtitle referred to as the
    ``Commission'').
    ---------------------------------------------------------------------------
        \3\ 50 U.S.C. 2351 note.
    ---------------------------------------------------------------------------
        (b) Membership.--The Commission shall be composed of twelve
    members, none of whom may, during the period of their service
    on the Commission, be an officer or employee of any department,
    agency, or other establishment of the Executive Branch (other
    than the Commission), and \4\ of whom--
    ---------------------------------------------------------------------------
        \4\ Sec. 708(b)(1) of the Departments of Labor, Health and Human
    Services, and Education, and Related Agencies Appropriations Act, 1999
    (sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), struck out
    ``eight members'' and inserted in lieu thereof ``twelve members, none
    of whom may, during the period of their service on the Commission, be
    an officer or employee of any department, agency, or other
    establishment of the Executive Branch (other than the Commission),
    and''.
    ---------------------------------------------------------------------------
              (1) four shall be appointed by the President;
              (2) three \5\ shall be appointed by the Majority
            Leader of the Senate;
    ---------------------------------------------------------------------------
        \5\ Sec. 708(b)(2) of the Departments of Labor, Health and Human
    Services, and Education, and Related Agencies Appropriations Act, 1999
    (sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), struck out
    ``one'' and inserted in lieu thereof ``three''.
    ---------------------------------------------------------------------------
              (3) one shall be appointed by the Minority Leader of
            the Senate;
              (4) three \6\ shall be appointed by the Speaker of
            the House of Representatives; and
    ---------------------------------------------------------------------------
        \6\ Sec. 708(b)(3) of the Departments of Labor, Health and Human
    Services, and Education, and Related Agencies Appropriations Act, 1999
    (sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), struck out
    ``one'' and inserted in lieu thereof ``three''.
    ---------------------------------------------------------------------------
              (5) one shall be appointed by the Minority Leader of
            the House of Representatives.
        (c) Qualifications of Members.--(1) To the maximum extent
    practicable, the individuals appointed as members of the
    Commission shall be individuals who are nationally recognized
    for expertise regarding--
              (A) the nonproliferation of weapons of mass
            destruction;
              (B) the efficient and effective implementation of
            United States nonproliferation policy; or
              (C) the implementation, funding, or oversight of the
            national security policies of the United States.
        (2) An official who appoints members of the Commission may
    not appoint an individual as a member if, in the judgment of
    the official, the individual possesses any personal or
    financial interest in the discharge of any of the duties of the
    Commission.
        (d) Period of Appointment; Vacancies.--Members shall be
    appointed for the life of the Commission. Any vacancy in the
    Commission shall not affect its powers, but shall be filled in
    the same manner as the original appointment.
        (e) Initial Meeting.--Not later than 30 days after the date
    of enactment of an Act making appropriations for the
    Departments of Labor, Health and Human Services, and Education,
    and related agencies, for the fiscal year ending September 30,
    1999, regardless of whether all the members of the Commission
    have been appointed as of that date,,\7\ the Commission shall
    hold its first meeting.
    ---------------------------------------------------------------------------
        \7\ Sec. 708(b)(4) of the Departments of Labor, Health and Human
    Services, and Education, and Related Agencies Appropriations Act, 1999
    (sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), struck out
    ``the date on which all members of the Commission have been appointed''
    and inserted in lieu thereof ``the date of enactment of an Act making
    appropriations for the Departments of Labor, Health and Human Services,
    and Education, and related agencies, for the fiscal year ending
    September 30, 1999, regardless of whether all the members of the
    Commission have been appointed as of that date,'' [resulting in a
    double comma].
    ---------------------------------------------------------------------------
         (f) Quorum.--A majority of the members of the Commission
    shall constitute a quorum, but a lesser number of members may
    hold hearings.
        (g) Chairman and Vice Chairman.--The Commission shall
    select a Chairman and Vice Chairman from among its members.
        (h) Meetings.--The Commission shall meet at the call of the
    Chairman.

    SEC. 712.\3\ DUTIES OF COMMISSION.

        (a) Study.--
              (1) In general.--The Commission shall carry out a
            thorough study of the organization of the Federal
            Government, including the elements of the intelligence
            community, with respect to combatting the proliferation
            of weapons of mass destruction.
              (2) Specific requirements.--In carrying out the
            study, the Commission shall--
                      (A) assess the current structure and
                    organization of the departments and agencies of
                    the Federal Government having responsibilities
                    for combatting the proliferation of weapons of
                    mass destruction; and
                      (B) assess the effectiveness of United States
                    cooperation with foreign governments with
                    respect to nonproliferation activities,
                    including cooperation--
                              (i) between elements of the
                            intelligence community and elements of
                            the intelligence-gathering services of
                            foreign governments;
                              (ii) between other departments and
                            agencies of the Federal Government and
                            the counterparts to such departments
                            and agencies in foreign governments;
                            and
                              (iii) between the Federal Government
                            and international organizations.
              (3) Assessments.--In making the assessments under
            paragraph (2), the Commission should address--
                      (A) the organization of the export control
                    activities (including licensing and enforcement
                    activities) of the Federal Government relating
                    to the proliferation of weapons of mass
                    destruction;
                      (B) arrangements for coordinating the funding
                    of United States nonproliferation activities;
                      (C) existing arrangements governing the flow
                    of information among departments and agencies
                    of the Federal Government responsible for
                    nonproliferation activities;
                      (D) the effectiveness of the organization and
                    function of interagency groups in ensuring
                    implementation of United States treaty
                    obligations, laws, and policies with respect to
                    nonproliferation;
                      (E) the administration of sanctions for
                    purposes of nonproliferation, including the
                    measures taken by departments and agencies of
                    the Federal Government to implement, assess,
                    and enhance the effectiveness of such
                    sanctions;
                      (F) the organization, management, and
                    oversight of United States counterproliferation
                    activities;
                      (G) the recruitment, training, morale,
                    expertise, retention, and advancement of
                    Federal Government personnel responsible for
                    the nonproliferation functions of the Federal
                    Government, including any problems in such
                    activities;
                      (H) the role in United States
                    nonproliferation activities of the National
                    Security Council, the Office of Management and
                    Budget, the Office of Science and Technology
                    Policy, and other offices in the Executive
                    Office of the President having responsibilities
                    for such activities;
                      (I) the organization of the activities of the
                    Federal Government to verify government-to-
                    government assurances and commitments with
                    respect to nonproliferation, including
                    assurances regarding the future use of
                    commodities exported from the United States;
                    and
                      (J) the costs and benefits to the United
                    States of increased centralization and of
                    decreased centralization in the administration
                    of the nonproliferation activities of the
                    Federal Government.
              (4) \8\ Restrictions.--In carrying out the study
            under paragraph (1), making the assessments under
            paragraph (2), and addressing the matters identified in
            paragraph (3), the Commission shall not review,
            evaluate, or report on--
    ---------------------------------------------------------------------------
        \8\ Sec. 708(c) of the Departments of Labor, Health and Human
    Services, and Education, and Related Agencies Appropriations Act, 1999
    (sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), added para.
    (4).
    ---------------------------------------------------------------------------
                      (A) United States domestic response
                    capabilities with respect to weapons of mass
                    destruction; or
                      (B) the adequacy or usefulness of United
                    States laws that provide for the imposition of
                    sanctions on countries or entities that engage
                    in the proliferation of weapons of mass
                    destruction.
        (b) Recommendations.--In conducting the study, the
    Commission shall develop recommendations on means of improving
    the effectiveness of the organization of the departments and
    agencies of the Federal Government in meeting the national
    security interests of the United States with respect to the
    proliferation of weapons of mass destruction. Such
    recommendations shall include specific recommendations to
    eliminate duplications of effort, and other inefficiencies, in
    and among such departments and agencies.
        (c) Report.--(1) Not later than 18 months after January 18,
    1998,\9\ the Commission shall submit to Congress a report
    containing a detailed statement of the findings and conclusions
    of the Commission, together with its recommendations for such
    legislation and administrative actions as it considers
    appropriate.
    ---------------------------------------------------------------------------
        \9\ Sec. 708(a) of the Departments of Labor, Health and Human
    Services, and Education, and Related Agencies Appropriations Act, 1999
    (sec. 101(f) of Public Law 105-277; 112 Stat. 2681-390), struck out
    ``the date of the enactment of this Act'' and inserted in lieu thereof
    ``January 18, 1998''.
    ---------------------------------------------------------------------------
        (2) The report shall be submitted in unclassified form, but
    may include a classified annex.

    SEC. 713.\3\ POWERS OF COMMISSION.

        (a) Hearings.--The Commission may hold such hearings, sit
    and act at such times and places, take such testimony, and
    receive such evidence as the Commission considers advisable to
    carry out the purposes of this subtitle.
        (b) Information From Federal Agencies.--
              (1) In general.--The Commission may secure directly
            from any Federal department or agency such information
            as the Commission considers necessary to carry out the
            provisions of this subtitle. Upon request of the
            Chairman of the Commission, the head of such department
            or agency shall furnish such information to the
            Commission.
              (2) Classified information.--A department or agency
            may furnish the Commission classified information under
            this subsection. The Commission shall take appropriate
            actions to safeguard classified information furnished
            to the Commission under this paragraph.
        (c) Postal Services.--The Commission may use the United
    States mails in the same manner and under the same conditions
    as other departments and agencies of the Federal Government.
        (d) Gifts.--The Commission may accept, use, and dispose of
    gifts or donations of services or property.

    SEC. 714.\3\ COMMISSION PERSONNEL MATTERS.

        (a) Compensation of Members.--Each member of the Commission
    who is not an officer or employee of the Federal Government
    shall be compensated at a rate equal to the daily equivalent of
    the annual rate of basic pay prescribed for level IV of the
    Executive Schedule under section 5315 of title 5, United States
    Code, for each day (including travel time) during which such
    member is engaged in the performance of the duties of the
    Commission. All members of the Commission who are officers or
    employees of the United States shall serve without compensation
    in addition to that received for their services as officers or
    employees of the United States.
        (b) Travel Expenses.--The members of the Commission shall
    be allowed travel expenses, including per diem in lieu of
    subsistence, at rates authorized for employees of agencies
    under subchapter I of chapter 57 of title 5, United States
    Code, while away from their homes or regular places of business
    in the performance of services for the Commission.
        (c) Staff.--
              (1) In general.--The Chairman of the Commission may,
            without regard to the civil service laws and
            regulations, appoint and terminate an executive
            director and such other additional personnel as may be
            necessary to enable the Commission to perform its
            duties. The employment of an executive director shall
            be subject to confirmation by the Commission.
              (2) Compensation.--The Chairman of the Commission may
            fix the compensation of the executive director and
            other personnel without regard to the provisions of
            chapter 51 and subchapter III of chapter 53 of title 5,
            United States Code, relating to classification of
            positions and General Schedule pay rates, except that
            the rate of pay for the executive director and other
            personnel may not exceed the rate payable for level V
            of the Executive Schedule under section 5316 of such
            title.
        (d) Detail of Government Employees.--Any Federal Government
    employee may be detailed to the Commission without
    reimbursement, and such detail shall be without interruption or
    loss of civil service status or privilege.
        (e) Procurement of Temporary and Intermittent Services.--
    The Chairman of the Commission may procure temporary and
    intermittent services under section 3109(b) of title 5, United
    States Code, at rates for individuals which do not exceed the
    daily equivalent of the annual rate of basic pay prescribed for
    level V of the Executive Schedule under section 5316 of such
    title.

    SEC. 715.\3\ TERMINATION OF COMMISSION.

        The Commission shall terminate 60 days after the date on
    which the Commission submits its report under section 712(c).

    SEC. 716.\3\ DEFINITION.

        For purposes of this subtitle, the term ``intelligence
    community'' shall have the meaning given such term in section
    3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).

    SEC. 717.\3\ PAYMENT OF COMMISSION EXPENSES.

        The compensation, travel expenses, per diem allowances of
    members and employees of the Commission, and other expenses of
    the Commission shall not exceed $1,000,000, and shall be paid
    \10\ out of funds available to the Director of Central
    Intelligence for the payment of compensation, travel
    allowances, and per diem allowances, respectively, of employees
    of the Central Intelligence Agency.
    ---------------------------------------------------------------------------
        \10\ Sec. 708(d) of the Departments of Labor, Health and Human
    Services, and Education, and Related Agencies Appropriations Act, 1999
    (sec. 101(f) of Public Law 105-277; 112 Stat. 2681-391), struck out
    ``shall be paid'' and inserted in lieu thereof ``shall not exceed
    $1,000,000, and shall be paid''.
    ---------------------------------------------------------------------------

                           Subtitle B--Other Matters

    SEC. 721.\11\ REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO WEAPONS
                        OF MASS DESTRUCTION AND ADVANCED CONVENTIONAL
                        MUNITIONS.

        (a) Reports.--The Director \12\ of Central Intelligence
    shall submit to Congress a report on--
    ---------------------------------------------------------------------------
        \11\ 50 U.S.C. 2366.
        \12\ Sec. 811(b)(5)(C)(i) of the Intelligence Authorization Act for
    Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2383) struck out ``Not
    later than 6 months after the date of the enactment of this Act, and
    every 6 months thereafter, the Director'' and inserted in lieu thereof
    ``The Director''.
    ---------------------------------------------------------------------------
              (1) the acquisition by foreign countries during the
            preceding 6 months of dual-use and other technology
            useful for the development or production of weapons of
            mass destruction (including nuclear weapons, chemical
            weapons, and biological weapons) and advanced
            conventional munitions; and
              (2) trends in the acquisition of such technology by
            such countries.
        (b) \13\ Submittal Dates.--(1) The report required by
    subsection (a) shall be submitted each year to the
    congressional intelligence committees and the congressional
    leadership on an annual \14\ basis on the dates provided in
    section 507 of the National Security Act of 1947.
    ---------------------------------------------------------------------------
        \13\ Sec. 811(b)(5)(C)(ii) of the Intelligence Authorization Act
    for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2383) inserted a
    new subsec. (b) in this section, and sec. 811(b)(5)(C)(iii) of that Act
    redesignated the former subsec. (b) as subsec. (c).
        \14\ Sec. 361(k) of the Intelligence Authorization Act for Fiscal
    Year 2004 (Public Law 108-177; 117 Stat. 2599) struck out ``a
    semiannual'' and inserted in lieu thereof ``an annual''.
    ---------------------------------------------------------------------------
        (2) In this subsection:
              (A) The term ``congressional intelligence
            committees'' has the meaning given that term in section
            3 of the National Security Act of 1947 (50 U.S.C.
            401a).
              (B) The term ``congressional leadership'' means the
            Speaker and the minority leader of the House of
            Representatives and the majority leader and the
            minority leader of the Senate.
        (c) \13\ Form of Reports.--Each report \15\ submitted under
    subsection (a) shall be submitted in unclassified form, but may
    include a classified annex.
    ---------------------------------------------------------------------------
        \15\ Sec. 811(b)(5)(C)(iv) of the Intelligence Authorization Act
    for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2383) struck out
    ``The reports'' and inserted in lieu thereof ``Each report''.
    ---------------------------------------------------------------------------

    SEC. 722.\16\ SEMIANNUAL REPORT ON CONTRIBUTIONS OF FOREIGN PERSONS TO
                        WEAPONS OF MASS DESTRUCTION AND DELIVERY SYSTEMS
                        EFFORTS OF COUNTRIES OF PROLIFERATION CONCERN.

        (a) Reports.--The Director of Central Intelligence shall
    submit to Congress a semiannual report identifying each foreign
    person that, during the period covered by the report, made a
    material contribution to the research, development, production,
    or acquisition by a country of proliferation concern of--
    ---------------------------------------------------------------------------
        \16\ 50 U.S.C. 2369. Sec. 1209(a) of the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
    2668) added sec. 722.
    ---------------------------------------------------------------------------
              (1) weapons of mass destruction (including nuclear
            weapons, chemical weapons, or biological weapons); or
              (2) ballistic or cruise missile systems.
        (b) Period of Semiannual Reports.--Semiannual reports under
    subsection (a) shall be submitted as follows:
              (1) One semiannual report shall cover the first six
            months of the calendar year and shall be submitted not
            later than January 1 of the following year.
              (2) The other semiannual report shall cover the
            second six months of the calendar year and shall be
            submitted not later than July 1 of the following year.
        (c) Form of Reports.--(1) A report under subsection (a) may
    be submitted in classified form, in whole or in part, if the
    Director of Central Intelligence determines that submittal in
    that form is advisable.
        (2) Any portion of a report under subsection (a) that is
    submitted in classified form shall be accompanied by an
    unclassified summary of such portion.
        (d) Definitions.--In this section:
              (1) The term ``foreign person'' means any of the
            following:
                      (A) A natural person who is not a citizen of
                    the United States.
                      (B) A corporation, business association,
                    partnership, society, trust, or other
                    nongovernmental entity, organization, or group
                    that is organized under the laws of a foreign
                    country or has its principal place of business
                    in a foreign country.
                      (C) Any foreign government or foreign
                    governmental entity operating as a business
                    enterprise or in any other capacity.
                      (D) Any successor, subunit, or subsidiary of
                    any entity described in subparagraph (B) or
                    (C).
              (2) The term ``country of proliferation concern''
            means any country identified by the Director of Central
            Intelligence as having engaged in the acquisition of
            dual-use and other technology useful for the
            development or production of weaponsof mass destruction
            (including nuclear weapons, chemical weapons, and
            biological weapons) or advanced conventional
            munitions--
                      (A) in the most recent report under section
                    721; or
                      (B) in any successor report on the
                    acquisition by foreign countries of dual-use
                    and other technology useful for the development
                    or production of weapons of mass destruction.
           o. Defense Against Weapons of Mass Destruction Act of 1996

    Partial text of Public Law 104-201 [National Defense Authorization Act
      for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422 at 2714, approved
     September 23, 1996; as amended by Public Law 105-261 [Strom Thurmond
     National Defense Authorization Act for Fiscal Year 1999; H.R. 3616],
      112 Stat. 1920, approved October 17, 1998; Public Law 107-314 [Bob
      Stump National Defense Authorization Act for Fiscal Year 2003; H.R.
     4546], 116 Stat. 2458, approved December 2, 2002; Public Law 108-375
     [Ronald W. Reagan National Defense Authorization Act for Fiscal Year
    2005; H.R. 4200], 118 Stat. 1811, approved October 28, 2004; and Public
     Law 109-163 [National Defense Authorization Act for Fiscal Year 2006;
              H.R. 1815], 119 Stat. 3136, approved January 6, 2006

     AN ACT To authorize appropriations for fiscal year 1997 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,
              * * * * * * *

             TITLE XIV--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

    Sec. 1401. Short title.
    Sec. 1402. Findings.
    Sec. 1403. Definitions.

                        Subtitle A--Domestic Preparedness

    Sec. 1411. Response to threats of terrorist use of weapons of mass
              destruction.
    Sec. 1412. Emergency response assistance program. [Repealed--2006]
    Sec. 1413. Nuclear, chemical, and biological emergency response.
    Sec. 1414. Chemical-biological emergency response team.
    Sec. 1415. Testing of preparedness for emergencies involving nuclear,
              radiological, chemical, and biological weapons.
    Sec. 1416. Military assistance to civilian law enforcement officials in
              emergency situations involving biological or chemical weapons.
    Sec. 1417. Rapid response information system.

      Subtitle B--Interdiction of Weapons of Mass Destruction and Related
                                    Materials

    Sec. 1421. Procurement of detection equipment United States border
              security.
    Sec. 1422. Extension of coverage of International Emergency Economic
              Powers Act.
    Sec. 1423. Sense of Congress concerning criminal penalties.
    Sec. 1424. International border security.

     Subtitle C--Control and Disposition of Weapons of Mass Destruction and
                 Related Materials Threatening the United States

    Sec. 1431. Coverage of weapons-usable fissile materials in Cooperative
              Threat Reduction programs on elimination or transportation of
              nuclear weapons.
    Sec. 1432. Elimination of plutonium production.

         Subtitle D--Coordination of Policy and Countermeasures Against
                  Proliferation of Weapons of Mass Destruction

    Sec. 1441. National Coordinator on Nonproliferation.
    Sec. 1442. National Security Council Committee on Nonproliferation.
    Sec. 1443. Comprehensive preparedness program.
    Sec. 1444. Termination.

                            Subtitle E--Miscellaneous

    Sec. 1451. Sense of Congress concerning contracting policy.
    Sec. 1452. Transfers of allocations among Cooperative Threat Reduction
              programs.
    Sec. 1453. Sense of Congress concerning assistance to states of former
              Soviet Union.
    Sec. 1454. Purchase of low-enriched uranium derived from Russian highly
              enriched uranium.
    Sec. 1455. Sense of Congress concerning purchase, packaging, and
              transportation of fissile materials at risk of theft.

    SEC. 1401.\1\ SHORT TITLE.

        This title may be cited as the ``Defense Against Weapons of
    Mass Destruction Act of 1996''.
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 2301 note.
    ---------------------------------------------------------------------------

    SEC. 1402.\2\ FINDINGS.

        Congress makes the following findings:
    ---------------------------------------------------------------------------
        \2\ 50 U.S.C. 2301 note. See also section on Cooperative Threat
    Reduction programs, sec. 3 of this volume, beginning at page 46.
    ---------------------------------------------------------------------------
              (1) Weapons of mass destruction and related materials
            and technologies are increasingly available from
            worldwide sources. Technical information relating to
            such weapons is readily available on the Internet, and
            raw materials for chemical, biological, and
            radiological weapons are widely available for
            legitimate commercial purposes.
              (2) The former Soviet Union produced and maintained a
            vast array of nuclear, biological, and chemical weapons
            of mass destruction.
              (3) Many of the states of the former Soviet Union
            retain the facilities, materials, and technologies
            capable of producing additional quantities of weapons
            of mass destruction.
              (4) The disintegration of the former Soviet Union was
            accompanied by disruptions of command and control
            systems, deficiencies in accountability for weapons,
            weapons-related materials and technologies, economic
            hardships, and significant gaps in border control among
            the states of the former Soviet Union. The problems of
            organized crime and corruption in the states of the
            former Soviet Union increase the potential for
            proliferation of nuclear, radiological, biological, and
            chemical weapons and related materials.
              (5) The conditions described in paragraph (4) have
            substantially increased the ability of potentially
            hostile nations, terrorist groups, and individuals to
            acquire weapons of mass destruction and related
            materials and technologies from within the states of
            the former Soviet Union and from unemployed scientists
            who worked on those programs.
              (6) As a result of such conditions, the capability of
            potentially hostile nations and terrorist groups to
            acquire nuclear, radiological, biological, and chemical
            weapons is greater than at any time in history.
              (7) The President has identified North Korea, Iraq,
            Iran, and Libya as hostile states which already possess
            some weapons of mass destruction and are developing
            others.
              (8) The acquisition or the development and use of
            weapons of mass destruction is well within the
            capability of many extremist and terrorist movements,
            acting independently or as proxies for foreign states.
              (9) Foreign states can transfer weapons to or
            otherwise aid extremist and terrorist movements
            indirectly and with plausible deniability.
              (10) Terrorist groups have already conducted chemical
            attacks against civilian targets in the United States
            and Japan, and a radiological attack in Russia.
              (11) The potential for the national security of the
            United States to be threatened by nuclear,
            radiological, chemical, or biological terrorism must be
            taken seriously.
              (12) There is a significant and growing threat of
            attack by weapons of mass destruction on targets that
            are not military targets in the usual sense of the
            term.
              (13) Concomitantly, the threat posed to the citizens
            of the United States by nuclear, radiological,
            biological, and chemical weapons delivered by
            unconventional means is significant and growing.
              (14) Mass terror may result from terrorist incidents
            involving nuclear, radiological, biological, or
            chemical materials.
              (15) Facilities required for production of
            radiological, biological, and chemical weapons are much
            smaller and harder to detect than nuclear weapons
            facilities, and biological and chemical weapons can be
            deployed by alternative delivery means other than long-
            range ballistic missiles.
              (16) Covert or unconventional means of delivery of
            nuclear, radiological, biological, and chemical weapons
            include cargo ships, passenger aircraft, commercial and
            private vehicles and vessels, and commercial cargo
            shipments routed through multiple destinations.
              (17) Traditional arms control efforts assume large
            state efforts with detectable manufacturing programs
            and weapons production programs, but are ineffective in
            monitoring and controlling smaller, though potentially
            more dangerous, unconventional proliferation efforts.
              (18) Conventional counterproliferation efforts would
            do little to detect or prevent the rapid development of
            a capability to suddenly manufacture several hundred
            chemical or biological weapons with nothing but
            commercial supplies and equipment.
              (19) The United States lacks adequate planning and
            countermeasures to address the threat of nuclear,
            radiological, biological, and chemical terrorism.
              (20) The Department of Energy has established a
            Nuclear Emergency Response Team which is available in
            case of nuclear or radiological emergencies, but no
            comparable units exist to deal with emergencies
            involving biological or chemical weapons or related
            materials.
              (21) State and local emergency response personnel are
            not adequately prepared or trained for incidents
            involving nuclear, radiological, biological, or
            chemical materials.
              (22) Exercises of the Federal, State, and local
            response to nuclear, radiological, biological, or
            chemical terrorism have revealed serious deficiencies
            in preparedness and severe problems of coordination.
              (23) The development of, and allocation of
            responsibilities for, effective countermeasures to
            nuclear, radiological, biological, or chemical
            terrorism in the United States requires well-
            coordinated participation of many Federal agencies, and
            careful planning by the Federal Government and State
            and local governments.
              (24) Training and exercises can significantly improve
            the preparedness of State and local emergency response
            personnel for emergencies involving nuclear,
            radiological, biological, or chemical weapons or
            related materials.
              (25) Sharing of the expertise and capabilities of the
            Department of Defense, which traditionally has provided
            assistance to Federal, State, and local officials in
            neutralizing, dismantling, and disposing of explosive
            ordnance, as well as radiological, biological, and
            chemical materials, can be a vital contribution to the
            development and deployment of countermeasures against
            nuclear, biological, and chemical weapons of mass
            destruction.
              (26) The United States lacks effective policy
            coordination regarding the threat posed by the
            proliferation of weapons of mass destruction.

    SEC. 1403.\3\ DEFINITIONS.

        In this title:
    ---------------------------------------------------------------------------
        \3\ 50 U.S.C. 2302.
    ---------------------------------------------------------------------------
              (1) The term ``weapon of mass destruction'' means any
            weapon or device that is intended, or has the
            capability, to cause death or serious bodily injury to
            a significant number of people through the release,
            dissemination, or impact of--
                      (A) toxic or poisonous chemicals or their
                    precursors;
                      (B) a disease organism; or
                      (C) radiation or radioactivity.
              (2) The term ``independent states of the former
            Soviet Union'' has the meaning given that term in
            section 3 of the FREEDOM Support Act (22 U.S.C. 5801).
              (3) The term ``highly enriched uranium'' means
            uranium enriched to 20 percent or more in the isotope
            U-235.

                       Subtitle A--Domestic Preparedness

    SEC. 1411.\4\ RESPONSE TO THREATS OF TERRORIST USE OF WEAPONS OF MASS
                        DESTRUCTION.

        (a) Enhanced Response Capability.--In light of the
    potential for terrorist use of weapons of mass destruction
    against the United States, the President shall take immediate
    action--
    ---------------------------------------------------------------------------
        \4\ 50 U.S.C. 2311.
    ---------------------------------------------------------------------------
              (1) to enhance the capability of the Federal
            Government to prevent and respond to terrorist
            incidents involving weapons of mass destruction; and
              (2) to provide enhanced support to improve the
            capabilities of State and local emergency response
            agencies to prevent and respond to such incidents at
            both the national and the local level.
        (b) Report Required.--Not later than January 31, 1997, the
    President shall transmit to Congress a report containing--
              (1) an assessment of the capabilities of the Federal
            Government to prevent and respond to terrorist
            incidents involving weapons of mass destruction and to
            support State and local prevention and response
            efforts;
              (2) requirements for improvements in those
            capabilities; and
              (3) the measures that should be taken to achieve such
            improvements, including additional resources and
            legislative authorities that would be required.

    SEC. 1412.\5\ * * * [REPEALED--2006]

    SEC. 1413.\6\ NUCLEAR, CHEMICAL, AND BIOLOGICAL EMERGENCY RESPONSE.

        (a) \7\ Department of Defense.--The Assistant Secretary of
    Defense for Homeland Defense is responsible for the
    coordination of Department of Defense assistance to Federal,
    State, and local officials in responding to threats involving
    nuclear, radiological, biological, chemical weapons, or high-
    yield explosives or related materials or technologies,
    including assistance in identifying, neutralizing, dismantling,
    and disposing of nuclear, radiological, biological, chemical
    weapons, and high-yield explosives and related materials and
    technologies.
    ---------------------------------------------------------------------------
        \5\ Formerly at 50 U.S.C. 2312. Sec. 1034 of the National Defense
    Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
    3429) repealed sec. 1412, which had required the Secretary of Defense
    to ``carry out a program to provide civilian personnel of Federal,
    State, and local agencies with training and expert advice regarding
    emergency responses to a use or threatened use of a weapon of mass
    destruction or related materials.''.
        Previously, sec. 1513 of the National Defense Authorization Act for
    Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1273) had amended this
    section by adding a new subsec. (e)(5).
        \6\ 50 U.S.C. 2313.
        \7\ Sec. 1031 of the National Defense Authorization Act for Fiscal
    Year 2006 (Public Law 109-163; 119 Stat. 3428) amended and restated
    subsec. (a). It previously read as follows:
        ``(a) Department of Defense.--The Secretary of Defense shall
    designate an official within the Department of Defense as the executive
    agent for--
    ---------------------------------------------------------------------------

      ``(1) the coordination of Department of Defense assistance to Federal,
    State, and local officials in responding to threats involving biological or
    chemical weapons or related materials or technologies, including assistance
    in identifying, neutralizing, dismantling, and disposing of biological and
    chemical weapons and related materials and technologies; and

      ``(2) the coordination of Department of Defense assistance to the
    Department of Energy in carrying out that department's responsibilities
    under subsection (b).''.

        (b) Department of Energy.--The Secretary of Energy shall
    designate an official within the Department of Energy as the
    executive agent for--
              (1) the coordination of Department of Energy
            assistance to Federal, State, and local officials in
            responding to threats involving nuclear, chemical, and
            biological weapons or related materials or
            technologies, including assistance in identifying,
            neutralizing, dismantling, and disposing of nuclear
            weapons and related materials and technologies; and
              (2) the coordination of Department of Energy
            assistance to the Department of Defense in carrying out
            that department's responsibilities under subsection
            (a).
        (c) Funding.--Of the total amount authorized to be
    appropriated under section 301, $15,000,000 is available for
    providing assistance described in subsection (a).

    SEC. 1414.\8\ CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND HIGH-
                        YIELD EXPLOSIVES RESPONSE TEAM.

        (a) Department of Defense Rapid Response Team.--The
    Secretary of Defense shall develop and maintain at least one
    domestic terrorism rapid response team composed of members of
    the Armed Forces and employees of the Department of Defense who
    are capable of aiding Federal, State, and local officials in
    the detection, neutralization, containment, dismantlement, and
    disposal of weapons of mass destruction containing chemical,
    biological, radiological, nuclear, and high-yield
    explosives.\9\
    ---------------------------------------------------------------------------
        \8\ 50 U.S.C. 2314. Sec. 1033(1) of the National Defense
    Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
    3429) struck out ``chemical-biological emergency response team.'' and
    inserted in lieu thereof ``chemical, biological, radiological, nuclear,
    and high-yield explosives response team.'' in the section catchline.
        \9\ Sec. 1033(2) of the National Defense Authorization Act for
    Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3429) struck out ``or
    related materials'' and inserted in lieu thereof ``radiological,
    nuclear, and high-yield explosives''.
    ---------------------------------------------------------------------------
        (b) Addition to Federal Response Plans \10\.--The Secretary
    of Homeland Security shall incorporate into the National
    Response Plan prepared pursuant to section 502(6) of the
    Homeland Security Act of 2002 (6 U.S.C. 312(6)), other existing
    Federal emergency response plans, and \11\ programs prepared
    under section 611(b) of the Robert T. Stafford Disaster Relief
    and Emergency Assistance Act (42 U.S.C. 5196(b)) guidance on
    the use and deployment of the rapid response teams established
    under this section to respond to emergencies involving weapons
    of mass destruction. The Secretary of Homeland Security \12\
    shall carry out this subsection in coordination \13\ with the
    Secretary of Defense and the heads of other Federal agencies
    involved with the emergency response plans.
    ---------------------------------------------------------------------------
        \10\ Sec. 1033(3)(A) of the National Defense Authorization Act for
    Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3429) struck out
    ``Plan'' and inserted in lieu thereof ``Plans'' in the subsec.
    catchline.
        \11\ Sec. 1033(3)(B) of the National Defense Authorization Act for
    Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3429) struck out ``Not
    later than December 31, 1997, the Director of the Federal Emergency
    Management Agency shall develop and incorporate into existing Federal
    emergency response plans and'' and inserted in lieu thereof ``The
    Secretary of Homeland Security shall incorporate into the National
    Response Plan prepared pursuant to section 502(6) of the Homeland
    Security Act of 2002 (6 U.S.C. 312(6)), other existing Federal
    emergency response plans, and''.
        \12\ Sec. 1033(3)(C)(i) of the National Defense Authorization Act
    for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3429) struck out
    ``Director'' and inserted in lieu thereof ``Secretary of Homeland
    Security''.
        \13\ Sec. 1033(3)(C)(ii) of the National Defense Authorization Act
    for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3429) struck out
    ``consultation'' and inserted in lieu thereof ``coordination''.
    ---------------------------------------------------------------------------

    SEC. 1415.\14\ TESTING OF PREPAREDNESS FOR EMERGENCIES INVOLVING
                        NUCLEAR, RADIOLOGICAL, CHEMICAL, AND BIOLOGICAL
                        WEAPONS.

        (a) Emergencies Involving Nuclear, Radiological, Chemical,
    Or \15\ Biological Weapons.--(1) The Secretary of Homeland
    Security \16\ shall develop and carry out a program for testing
    and improving the responses of Federal, State, and local
    agencies to emergencies involving nuclear, radiological,
    biological, and \17\ chemical weapons and related materials.
    ---------------------------------------------------------------------------
        \14\ 50 U.S.C. 2315.
        \15\ Sec. 1032(a)(1) of the National Defense Authorization Act for
    Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3428) struck out
    ``Chemical Or'' (``Chemical or'' as actually enrolled) and inserted in
    lieu thereof ``Nuclear, Radiological, Chemical, Or''.
        \16\ Sec. 1032(a)(2)(A) of the National Defense Authorization Act
    for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3428) struck out
    ``Secretary of Defense'' and inserted in lieu thereof ``Secretary of
    Homeland Security''.
        \17\ Sec. 1032(a)(2)(B) of the National Defense Authorization Act
    for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3428) struck out
    ``biological weapons and related materials and emergencies involving''
    and inserted in lieu thereof ``nuclear, radiological, biological,
    and''.
    ---------------------------------------------------------------------------
        (2) The program shall include exercises to be carried out
    in accordance with sections 102(c) and 430(c)(1) of the
    Homeland Security Act of 2002 (6 U.S.C. 112(c), 238(c)(1)).\18\
    ---------------------------------------------------------------------------
        \18\ Sec. 1032(a)(3) of the National Defense Authorization Act for
    Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3428) struck out
    ``during each of fiscal years 1997 through 2013'' and inserted in lieu
    thereof ``in accordance with sections 102(c) and 430(c)(1) of the
    Homeland Security Act of 2002 (6 U.S.C. 112(c), 238(c)(1))''.
        Previously, sec. 3154(a)(1) of the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
    2738) struck out ``of five successive fiscal years beginning with
    fiscal year 1997'' and inserted in lieu thereof ``of fiscal years 1997
    through 2013''. Sec. 3154(b) of that Act (50 U.S.C. 2315 note) provided
    the following:
        ``(b) Construction of Extension With Designation of Attorney
    General as Lead Official.--The amendments made by subsection (a) may
    not be construed as modifying the designation of the President titled
    `Designation of the Attorney General as the Lead Official for the
    Emergency Response Assistance Program Under Sections 1412 and 1415 of
    the National Defense Authorization Act for Fiscal Year 1997', dated
    April 6, 2000, designating the Attorney General to assume programmatic
    and funding responsibilities for the Emergency Response Assistance
    Program under sections 1412 and 1415 of the Defense Against Weapons of
    Mass Destruction Act of 1996 (title XIV of the National Defense
    Authorization Act for Fiscal Year 1997).''.
    ---------------------------------------------------------------------------
        (3) In developing and carrying out the program, the
    Secretary shall coordinate with the Secretary of Defense,\19\
    the Director of the Federal Bureau of Investigation,\19\ the
    Secretary of Energy, and the heads of any other Federal, State,
    and local government agencies that have an expertise or
    responsibilities relevant to emergencies described in paragraph
    (1).
    ---------------------------------------------------------------------------
        \19\ Sec. 1032(a)(4)(A) of the National Defense Authorization Act
    for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3428) inserted
    ``the Secretary of Defense,'' before ``the Director of the Federal
    Bureau of Investigation''. Sec. 1032(a)(4)(B) of that Act struck out
    ``the Director of the Federal Emergency Management Agency,'' after
    ``the Director of the Federal Bureau of Investigation''.
    ---------------------------------------------------------------------------
        (b) \20\ Annual Revisions of Programs.--The Secretary of
    Homeland Security shall revise the program developed under
    subsection (a) \21\ not later than June 1 in each fiscal year
    covered by the program. The revisions shall include adjustments
    that the Secretary \22\ determines necessary or appropriate on
    the basis of the lessons learned from the exercise or exercises
    carried out under the program in the fiscal year, including
    lessons learned regarding coordination problems and equipment
    deficiencies.
    ---------------------------------------------------------------------------
        \20\ Sec. 1032(b) and (c)(1) of the National Defense Authorization
    Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3428) struck
    out former subsec. (b) and redesignated subsec. (c) as subsec. (b).
    Former subsec. (b), as amended, had read as follows:
        ``(b) Emergencies Involving Nuclear and Radiological Weapons.--(1)
    The Secretary of Energy shall develop and carry out a program for
    testing and improving the responses of Federal, State, and local
    agencies to emergencies involving nuclear and radiological weapons and
    related materials.
        ``(2) The program shall include exercises to be carried out during
    each of fiscal years 1997 through 2013.
        ``(3) In developing and carrying out the program, the Secretary
    shall coordinate with the Director of the Federal Bureau of
    Investigation, the Director of the Federal Emergency Management Agency,
    the Secretary of Defense, and the heads of any other Federal, State,
    and local government agencies that have an expertise or
    responsibilities relevant to emergencies described in paragraph (1).''.
        Sec. 1032(d) of that Act struck out subsecs. (d) and (e), which had
    read as follows:
        ``(d) Option To Transfer Responsibility.--(1) The President may
    designate the head of an agency outside the Department of Defense to
    assume the responsibility for carrying out the program developed under
    subsection (a) beginning on or after October 1, 1999, and relieve the
    Secretary of Defense of that responsibility upon the assumption of the
    responsibility by the designated official.
        ``(2) The President may designate the head of an agency outside the
    Department of Energy to assume the responsibility for carrying out the
    program developed under subsection (b) beginning on or after October 1,
    1999, and relieve the Secretary of Energy of that responsibility upon
    the assumption of the responsibility by the designated official.
        ``(e) Funding.--Of the total amount authorized to be appropriated
    under section 301, $15,000,000 is available for the development and
    execution of the programs required by this section, including the
    participation of State and local agencies in exercises carried out
    under the programs.''.
        \21\ Sec. 1032(c)(2)(A) of the National Defense Authorization Act
    for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3428) struck out
    ``The official responsible for carrying out a program developed under
    subsection (a) or (b) shall revise the program'' and inserted in lieu
    thereof ``The Secretary of Homeland Security shall revise the program
    developed under subsection (a)''.
        \22\ Sec. 1032(c)(2)(B) of the National Defense Authorization Act
    for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3428) struck out
    ``the official'' and inserted in lieu thereof ``the Secretary''.
    ---------------------------------------------------------------------------

    SEC. 1416. MILITARY ASSISTANCE TO CIVILIAN LAW ENFORCEMENT OFFICIALS IN
                        EMERGENCY SITUATIONS INVOLVING BIOLOGICAL OR
                        CHEMICAL WEAPONS.

        (a) Assistance Authorized.--(1) Chapter 18 of title 10,
    United States Code, is amended by adding at the end the
    following new section: * * * \23\
    ---------------------------------------------------------------------------
        \23\ Sec. 1416 added a new sec. 382 to 18 U.S.C., relating to
    [domestic] emergency situations involving chemical or biological
    weapons of mass destruction. For text, see Legislation on Foreign
    Relations Through 2005, vol. I-B.
    ---------------------------------------------------------------------------
        (b) Conforming Amendment to Condition for Providing
    Equipment and Facilities.--Section 372(b)(1) of title 10,
    United States Code, is amended by adding at the end the
    following new sentence: * * * \24\
    ---------------------------------------------------------------------------
        \24\ For text, see Legislation on Foreign Relations Through 2005,
    vol. I-B.
    ---------------------------------------------------------------------------
        (c) Conforming Amendments Relating to Authority To Request
    Assistance.--(1)(A) Chapter 10 of title 18, United States Code,
    is amended by inserting after section 175 the following new
    section: * * * \25\
    ---------------------------------------------------------------------------
        \25\ Subsec. (c)(1)(A) added a new sec. 175a to 10 U.S.C., relating
    to requests for military assistance to enforce prohibition in certain
    [domestic] emergencies involving a biological weapon of mass
    destruction.
    ---------------------------------------------------------------------------
        (2)(A) The chapter 133B of title 18, United States Code,
    that relates to terrorism is amended by inserting after section
    2332c the following new section: * * * \26\
    ---------------------------------------------------------------------------
        \26\ Subsec. (c)(2)(A) added a new sec. 2332d to 18 U.S.C. relating
    to requests for military assistance to enforce prohibition in certain
    [domestic] emergencies involving a chemical weapon of mass destruction.
    ---------------------------------------------------------------------------
        (d) \27\ Civilian Expertise.--The President shall take
    reasonable measures to reduce the reliance of civilian law
    enforcement officials on Department of Defense resources to
    counter the threat posed by the use or potential use of
    biological and chemical weapons of mass destruction within the
    United States. The measures shall include--
    ---------------------------------------------------------------------------
        \27\ 50 U.S.C. 2316.
    ---------------------------------------------------------------------------
              (1) actions to increase civilian law enforcement
            expertise to counter such a threat; and
              (2) actions to improve coordination between civilian
            law enforcement officials and other civilian sources of
            expertise, within and outside the Federal Government,
            to counter such a threat.
        (e) \27\ Reports.--The President shall submit to Congress
    the following reports:
              (1) Not later than 90 days after the date of the
            enactment of this Act, a report describing the
            respective policy functions and operational roles of
            Federal agencies in countering the threat posed by the
            use or potential use of biological and chemical weapons
            of mass destruction within the United States.
              (2) Not later than one year after such date, a report
            describing--
                      (A) the actions planned to be taken to carry
                    out subsection (d); and
                      (B) the costs of such actions.
              (3) Not later than three years after such date, a
            report updating the information provided in the reports
            submitted pursuant to paragraphs (1) and (2), including
            the measures taken pursuant to subsection (d).

    SEC. 1417.\28\ RAPID RESPONSE INFORMATION SYSTEM.

        (a) Inventory of Rapid Response Assets.--(1) The head of
    each Federal Response Plan agency shall develop and maintain an
    inventory of physical equipment and assets under the
    jurisdiction of that agency that could be made available to aid
    State and local officials in search and rescue and other
    disaster management and mitigation efforts associated with an
    emergency involving weapons of mass destruction. The agency
    head shall submit a copy of the inventory, and any updates of
    the inventory, to the Director of the Federal Emergency
    Management Agency for inclusion in the master inventory
    required under subsection (b).
    ---------------------------------------------------------------------------
        \28\ 50 U.S.C. 2317.
    ---------------------------------------------------------------------------
        (2) Each inventory shall include a separate listing of any
    equipment that is excess to the needs of that agency and could
    be considered for disposal as excess or surplus property for
    use for response and training with regard to emergencies
    involving weapons of mass destruction.
        (b) Master Inventory.--The Director of the Federal
    Emergency Management Agency shall compile and maintain a
    comprehensive listing of all inventories prepared under
    subsection (a). The first such master list shall be completed
    not later than December 31, 1997, and shall be updated annually
    thereafter.
        (c) Addition to Federal Response Plan.--Not later than
    December 31, 1997, the Director of the Federal Emergency
    Management Agency shall develop and incorporate into existing
    Federal emergency response plans and programs prepared under
    section 611(b) of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5196(b)) guidance on
    accessing and using the physical equipment and assets included
    in the master list developed under subsection to respond to
    emergencies involving weapons of mass destruction.
        (d) Database on Chemical and Biological Materials.--The
    Director of the Federal Emergency Management Agency, in
    consultation with the Secretary of Defense, shall prepare a
    database on chemical and biological agents and munitions
    characteristics and safety precautions for civilian use. The
    initial design and compilation of the database shall be
    completed not later than December 31, 1997.
        (e) Access to Inventory and Database.--The Director of the
    Federal Emergency Management Agency shall design and maintain a
    system to give Federal, State, and local officials access to
    the inventory listing and database maintained under this
    section in the event of an emergency involving weapons of mass
    destruction or to prepare and train to respond to such an
    emergency. The system shall include a secure but accessible
    emergency response hotline to access information and request
    assistance.

      Subtitle B--Interdiction of Weapons of Mass Destruction and Related
                                   Materials

    SEC. 1421.\29\ PROCUREMENT OF DETECTION EQUIPMENT UNITED STATES BORDER
                        SECURITY.

        Of the amount authorized to be appropriated by section 301,
    $15,000,000 is available for the procurement of--
    ---------------------------------------------------------------------------
        \29\ 50 U.S.C. 2331.
    ---------------------------------------------------------------------------
              (1) equipment capable of detecting the movement of
            weapons of mass destruction and related materials into
            the United States;
              (2) equipment capable of interdicting the movement of
            weapons of mass destruction and related materials into
            the United States; and
              (3) materials and technologies related to use of
            equipment described in paragraph (1) or (2).

    SEC. 1422.\30\ EXTENSION OF COVERAGE OF INTERNATIONAL EMERGENCY
                        ECONOMIC POWERS ACT.

        Section 206 of the International Emergency Economic Powers
    Act (50 U.S.C. 1705) is amended--
    ---------------------------------------------------------------------------
        \30\ For text of the International Emergency Economic Powers Act,
    see Legislation on Foreign Relations Through 2005, vol. III.
    ---------------------------------------------------------------------------
              (1) in subsection (a), by inserting ``, or attempts
            to violate,'' after ``violates''; and
              (2) in subsection (b), by inserting ``, or willfully
            attempts to violate,'' after ``violates''.

    SEC. 1423.\31\ SENSE OF CONGRESS CONCERNING CRIMINAL PENALTIES.

        (a) Sense of Congress Concerning Inadequacy of Sentencing
    Guidelines.--It is the sense of Congress that the sentencing
    guidelines prescribed by the United States Sentencing
    Commission for the offenses of importation, attempted
    importation, exportation, and attempted exportation of nuclear,
    biological, and chemical weapons materials constitute
    inadequate punishment for such offenses.
    ---------------------------------------------------------------------------
        \31\ 50 U.S.C. 2332.
    ---------------------------------------------------------------------------
        (b) \32\ Urging of Revison to Guidelines.--Congress urges
    the United States Sentencing Commission to revise the relevant
    sentencing guidelines to provide for increased penalties for
    offenses relating to importation, attempted importation,
    exportation, and attempted exportation of nuclear, biological,
    or chemical weapons or related materials or technologies under
    the following provisions of law:
    ---------------------------------------------------------------------------
        \32\ Subsection catchline shown as enrolled. Should read ``Urging
    of Revision to Guidelines''.
    ---------------------------------------------------------------------------
              (1) Section 11 of the Export Administration Act of
            1979 (50 U.S.C. App. 2410).
              (2) Sections 38 and 40 of the Arms Export Control Act
            (22 U.S.C. 2778 and 2780).
              (3) The International Emergency Economic Powers Act
            (50 U.S.C. 1701 et seq.).
              (4) Section 309(c) of the Nuclear Non-Proliferation
            Act of 1978 (42 U.S.C. 2139a(c)).\33\
    ---------------------------------------------------------------------------
        \33\ Sec. 1069(c)(1) of the Strom Thurmond National Defense
    Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
    2136) struck out ``(22 U.S.C. 2156a(c))'' and inserted in lieu thereof
    ``(42 U.S.C. 2139a(c))''.
    ---------------------------------------------------------------------------

    SEC. 1424.\34\ INTERNATIONAL BORDER SECURITY.

        (a) Secretary of Defense Responsibility.--The Secretary of
    Defense, in consultation and cooperation with the Commissioner
    of Customs, shall carry out programs for assisting customs
    officials and border guard officials in the independent states
    of the former Soviet Union, the Baltic states, and other
    countries of Eastern Europe in preventing unauthorized transfer
    and transportation of nuclear, biological, and chemical weapons
    and related materials. Training, expert advice, maintenance of
    equipment, loan of equipment, and audits may be provided under
    or in connection with the programs.
    ---------------------------------------------------------------------------
        \34\ 50 U.S.C. 2333.
    ---------------------------------------------------------------------------
        (b) \35\ Other Countries.--The Secretary of Defense may
    carry out programs under subsection (a) in a country other than
    a country specified in that subsection if the Secretary
    determines that there exists in that country a significant
    threat of the unauthorized transfer and transportation of
    nuclear, biological, or chemical weapons or related materials.
    ---------------------------------------------------------------------------
        \35\  Sec. 1211(a) of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2087) amended and restated subsec. (b). Subsec. (b) previously read as
    follows:
        ``(b) Funding.--Of the total amount authorized to be appropriated
    by section 301, $15,000,000 is available for carrying out the programs
    referred to in subsection (a).''.
    ---------------------------------------------------------------------------
        (c) Assistance to States of the Former Soviet Union.--
    Assistance under programs referred to in subsection (a) may
    (notwithstanding any provision of law prohibiting the extension
    of foreign assistance to any of the newly independent states of
    the former Soviet Union) be extended to include an independent
    state of the former Soviet Union if the President certifies to
    Congress that it is in the national interest of the United
    States to extend assistance under this section to that state.

    Subtitle C--Control and Disposition of Weapons of Mass Destruction and
                Related Materials Threatening the United States

    SEC. 1431. COVERAGE OF WEAPONS-USABLE FISSILE MATERIALS IN COOPERATIVE
                        THREAT REDUCTION PROGRAMS ON ELIMINATION OR
                        TRANSPORTATION OF NUCLEAR WEAPONS.

        Section 1201(b)(1) of the National Defense Authorization
    Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 469; 22
    U.S.C. 5955 note) is amended * * *

    SEC. 1432.\36\ ELIMINATION OF PLUTONIUM PRODUCTION.

        (a) Replacement Program.--The Secretary of Energy, in
    consultation with the Secretary of Defense, shall develop a
    cooperative program with the Government of Russia to eliminate
    the production of weapons grade plutonium by modifying or
    replacing the reactor cores at Tomsk-7 and Krasnoyarsk-26 with
    reactor cores that are less suitable for the production of
    weapons-grade plutonium.
    ---------------------------------------------------------------------------
        \36\ 50 U.S.C. 2341.
    ---------------------------------------------------------------------------
        (b) Program Requirements.--(1) The program shall be
    designed to achieve completion of the modifications or
    replacements of the reactor cores within three years after the
    modification or replacement activities under the program are
    begun.
        (2) The plan for the program shall--
              (A) specify--
                      (i) successive steps for the modification or
                    replacement of the reactor cores; and
                      (ii) clearly defined milestones to be
                    achieved; and
              (B) include estimates of the costs of the program.
        (c) Submission of Program Plan to Congress.--Not later than
    180 days after the date of the enactment of this Act, the
    Secretary of Defense shall submit to Congress--
              (1) a plan for the program under subsection (a);
              (2) an estimate of the United States funding that is
            necessary for carrying out the activities under the
            program for each fiscal year covered by the program;
            and
              (3) a comparison of the benefits of the program with
            the benefits of other nonproliferation programs.

        Subtitle D--Coordination of Policy and Countermeasures Against
                  Proliferation of Weapons of Mass Destruction

    SEC. 1441.\37\ NATIONAL COORDINATOR ON NONPROLIFERATION.

        (a) Designation of Position.--The President shall designate
    an individual to serve in the Executive Office of the President
    as the National Coordinator for Nonproliferation Matters.
    ---------------------------------------------------------------------------
        \37\ 50 U.S.C. 2351.
    ---------------------------------------------------------------------------
        (b) Duties.--The Coordinator, under the direction of the
    National Security Council, shall advise and assist the
    President by--
              (1) advising the President on nonproliferation of
            weapons of mass destruction, including issues related
            to terrorism, arms control, and international organized
            crime;
              (2) chairing the Committee on Nonproliferation of the
            National Security Council; \38\ and
    ---------------------------------------------------------------------------
        \38\ Sec. 1069(c)(2) of the Strom Thurmond National Defense
    Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
    2136) struck out ``established under section 1342'' and inserted in
    lieu thereof ``of the National Security Council''.
    ---------------------------------------------------------------------------
              (3) taking such actions as are necessary to ensure
            that there is appropriate emphasis in, cooperation on,
            and coordination of, nonproliferation research efforts
            of the United States, including activities of Federal
            agencies as well as activities of contractors funded by
            the Federal Government.
        (c) Allocation of Funds.--Of the total amount authorized to
    be appropriated under section 301, $2,000,000 is available to
    the Department of Defense for carrying out research referred to
    in subsection (b)(3).

    SEC. 1442.\39\ NATIONAL SECURITY COUNCIL COMMITTEE ON NONPROLIFERATION.

        (a) Establishment.--The Committee on Nonproliferation (in
    this section referred to as the ``Committee'') is established
    as a committee of the National Security Council.
    ---------------------------------------------------------------------------
        \39\ 50 U.S.C. 2352.
    ---------------------------------------------------------------------------
        (b) Membership.--(1) The Committee shall be composed of
    representatives of the following:
              (A) The Secretary of State.
              (B) The Secretary of Defense.
              (C) The Director of Central Intelligence.
              (D) The Attorney General.
              (E) The Secretary of Energy.
              (F) The Administrator of the Federal Emergency
            Management Agency.
              (G) The Secretary of the Treasury.
              (H) The Secretary of Commerce.
              (I) Such other members as the President may
            designate.
        (2) The National Coordinator for Nonproliferation Matters
    shall chair the Committee on Nonproliferation.
        (c) Responsibilities.--The Committee has the following
    responsibilities:
              (1) To review and coordinate Federal programs,
            policies, and directives relating to the proliferation
            of weapons of mass destruction and related materials
            and technologies, including matters relating to
            terrorism and international organized crime.
              (2) To make recommendations through the National
            Security Council to the President regarding the
            following:
                      (A) Integrated national policies for
                    countering the threats posed by weapons of mass
                    destruction.
                      (B) Options for integrating Federal agency
                    budgets for countering such threats.
                      (C) Means to ensure that Federal, State, and
                    local governments have adequate capabilities to
                    manage crises involving nuclear, radiological,
                    biological, or chemical weapons or related
                    materials or technologies, and to manage the
                    consequences of a use of such weapon or related
                    materials or technologies, and that use of
                    those capabilities is coordinated.
                      (D) Means to ensure appropriate cooperation
                    on, and coordination of, the following:
                              (i) Preventing the smuggling of
                            weapons of mass destruction and related
                            materials and technologies.
                              (ii) Promoting domestic and
                            international law enforcement efforts
                            against proliferation-related efforts.
                              (iii) Countering the involvement of
                            organized crime groups in
                            proliferation-related activities.
                              (iv) Safeguarding weapons of mass
                            destruction materials and related
                            technologies.
                              (v) Improving coordination and
                            cooperation among intelligence
                            activities, law enforcement, and the
                            Departments of Defense, State,
                            Commerce, and Energy in support of
                            nonproliferation and
                            counterproliferation efforts.
                              (vi) Improving export controls over
                            materials and technologies that can
                            contribute to the acquisition of
                            weapons of mass destruction.
                              (vii) Reducing proliferation of
                            weapons of mass destruction and related
                            materials and technologies.

    SEC. 1443.\40\ COMPREHENSIVE PREPAREDNESS PROGRAM.

        (a) Program Required.--The President, acting through the
    Committee on Nonproliferation established under section 1442,
    shall develop a comprehensive program for carrying out this
    title.
    ---------------------------------------------------------------------------
        \40\ 50 U.S.C. 2353.
    ---------------------------------------------------------------------------
        (b) Content of Program.--The program set forth in the
    report shall include specific plans as follows:
              (1) Plans for countering proliferation of weapons of
            mass destruction and related materials and
            technologies.
              (2) Plans for training and equipping Federal, State,
            and local officials for managing a crisis involving a
            use or threatened use of a weapon of mass destruction,
            including the consequences of the use of such a weapon.
              (3) Plans for providing for regular sharing of
            information among intelligence, law enforcement, and
            customs agencies.
              (4) Plans for training and equipping law enforcement
            units, customs services, and border security personnel
            to counter the smuggling of weapons of mass destruction
            and related materials and technologies.
              (5) Plans for establishing appropriate centers for
            analyzing seized nuclear, radiological, biological, and
            chemical weapons, and related materials and
            technologies.
              (6) Plans for establishing in the United States
            appropriate legal controls and authorities relating to
            the exporting of nuclear, radiological, biological, and
            chemical weapons, and related materials and
            technologies.
              (7) Plans for encouraging and assisting governments
            of foreign countries to implement and enforce laws that
            set forth appropriate penalties for offenses regarding
            the smuggling of weapons of mass destruction and
            related materials and technologies.
              (8) Plans for building the confidence of the United
            States and Russia in each other's controls over United
            States and Russian nuclear weapons and fissile
            materials, including plans for verifying the
            dismantlement of nuclear weapons.
              (9) Plans for reducing United States and Russian
            stockpiles of excess plutonium, reflecting--
                      (A) consideration of the desirability and
                    feasibility of a United States-Russian
                    agreement governing fissile material
                    disposition and the specific technologies and
                    approaches to be used for disposition of excess
                    plutonium; and
                      (B) an assessment of the options for United
                    States cooperation with Russia in the
                    disposition of Russian plutonium.
              (10) Plans for studying the merits and costs of
            establishing a global network of means for detecting
            and responding to terroristic or other criminal use of
            biological agents against people or other forms of life
            in the United States or any foreign country.
        (c) Report.--(1) At the same time that the President
    submits the budget for fiscal year 1998 to Congress pursuant to
    section 1105(a) of title 31, United States Code, the President
    shall submit to Congress a report that sets forth the
    comprehensive program developed under subsection (a).
        (2) The report shall include the following:
              (A) The specific plans for the program that are
            required under subsection (b).
              (B) Estimates of the funds necessary, by agency or
            department, for carrying out such plans in fiscal year
            1998 and the following five fiscal years.
        (3) The report shall be in an unclassified form. If there
    is a classified version of the report, the President shall
    submit the classified version at the same time.

    SEC. 1444.\41\ TERMINATION.

        After September 30, 1999, the President--
    ---------------------------------------------------------------------------
        \41\ 50 U.S.C. 2354.
    ---------------------------------------------------------------------------
              (1) is not required to maintain a National
            Coordinator for Nonproliferation Matters under section
            1441; \42\ and
    ---------------------------------------------------------------------------
        \42\ Sec. 1069(c)(3) of the Strom Thurmond National Defense
    Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
    2136) struck out ``1341'' and ``1342'' and inserted in lieu thereof,
    respectively, ``1441'' and ``1442''.
    ---------------------------------------------------------------------------
              (2) may terminate the Committee on Nonproliferation
            established under section 1442.\42\

                           Subtitle E--Miscellaneous

    SEC. 1451.\43\ SENSE OF CONGRESS CONCERNING CONTRACTING POLICY.

        It is the sense of Congress that the Secretary of Defense,
    the Secretary of Energy, the Secretary of the Treasury, and the
    Secretary of State, to the extent authorized by law, should--
    ---------------------------------------------------------------------------
        \43\ 50 U.S.C. 2361.
    ---------------------------------------------------------------------------
              (1) contract directly with suppliers in independent
            states of the former Soviet Union when such action
            would--
                      (A) result in significant savings of the
                    programs referred to in subtitle C; and
                      (B) substantially expedite completion of the
                    programs referred to in subtitle C; and
              (2) seek means to use innovative contracting
            approaches to avoid delay and increase the
            effectiveness of such programs and of the exercise of
            such authorities.

    SEC. 1452.\44\ TRANSFERS OF ALLOCATIONS AMONG COOPERATIVE THREAT
                        REDUCTION PROGRAMS.

        Congress finds that--
    ---------------------------------------------------------------------------
        \44\ 50 U.S.C. 2362.
    ---------------------------------------------------------------------------
              (1) the various Cooperative Threat Reduction programs
            are being carried out at different rates in the various
            countries covered by such programs; and
              (2) it is necessary to authorize transfers of funding
            allocations among the various programs in order to
            maximize the effectiveness of United States efforts
            under such programs.

    SEC. 1453.\45\ SENSE OF CONGRESS CONCERNING ASSISTANCE TO STATES OF
                        FORMER SOVIET UNION.

        It is the sense of Congress that--
    ---------------------------------------------------------------------------
        \45\ 50 U.S.C. 2363.
    ---------------------------------------------------------------------------
              (1) the Cooperative Threat Reduction programs and
            other United States programs authorized in title XIV of
            the National Defense Authorization Act for Fiscal Year
            1993 (Public Law 102-484; 22 U.S.C. 5901 et seq.) \46\
            should be expanded by offering assistance under those
            programs to other independent states of the former
            Soviet Union in addition to Russia, Ukraine, Kazakstan,
            and Belarus; and
    ---------------------------------------------------------------------------
        \46\ Sec. 1069(c)(4) of the Strom Thurmond National Defense
    Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
    2136) struck out ``the National Defense Authorization Act for Fiscal
    Years 1993 and 1994'' and inserted in lieu thereof ``title XIV of the
    National Defense Authorization Act for Fiscal Year 1993 (Public Law
    102-484; 22 U.S.C. 5901 et seq.)''.
    ---------------------------------------------------------------------------
              (2) the President should offer assistance to
            additional independent states of the former Soviet
            Union in each case in which the participation of such
            states would benefit national security interests of the
            United States by improving border controls and
            safeguards over materials and technology associated
            with weapons of mass destruction.

    SEC. 1454.\47\ PURCHASE OF LOW-ENRICHED URANIUM DERIVED FROM RUSSIAN
                        HIGHLY ENRICHED URANIUM.

        (a) Sense of Congress.--It is the sense of Congress that
    the allies of the United States and other nations should
    participate in efforts to ensure that stockpiles of weapons-
    grade nuclear material are reduced.
    ---------------------------------------------------------------------------
        \47\ 50 U.S.C. 2364.
    ---------------------------------------------------------------------------
        (b) Actions by the Secretary of State.--Congress urges the
    Secretary of State to encourage, in consultation with the
    Secretary of Energy, other countries to purchase low-enriched
    uranium that is derived from highly enriched uranium extracted
    from Russian nuclear weapons.

    SEC. 1455.\48\ SENSE OF CONGRESS CONCERNING PURCHASE, PACKAGING, AND
                        TRANSPORTATION OF FISSILE MATERIALS AT RISK OF
                        THEFT.

        It is the sense of Congress that--
    ---------------------------------------------------------------------------
        \48\ 50 U.S.C. 2365.
    ---------------------------------------------------------------------------
              (1) the Secretary of Defense, the Secretary of
            Energy, the Secretary of the Treasury, and the
            Secretary of State should purchase, package, and
            transport to secure locations weapons-grade nuclear
            materials from a stockpile of such materials if such
            officials determine that--
                      (A) there is a significant risk of theft of
                    such materials; and
                      (B) there is no reasonable and economically
                    feasible alternative for securing such
                    materials; and
              (2) if it is necessary to do so in order to secure
            the materials, the materials should be imported into
            the United States, subject to the laws and regulations
            that are applicable to the importation of such
            materials into the United States.
                p. Nuclear Proliferation Prevention Act of 1994

      Partial text of Public Law 103-236 [Foreign Relations Authorization
      Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382 at 507,
    approved April 30, 1994; as amended by Public Law 104-164 [H.R. 3121],
                     110 Stat. 1421, approved July 21, 1996

              TITLE VIII--NUCLEAR PROLIFERATION PREVENTION ACT \1\

    SEC. 801. SHORT TITLE.

        This title may be cited as the ``Nuclear Proliferation
    Prevention Act of 1994''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 3201 note.
    ---------------------------------------------------------------------------

                    PART A--REPORTING ON NUCLEAR EXPORTS \2\

              * * * * * * *
    ---------------------------------------------------------------------------
        \2\ Part A amends the Nuclear Non-Proliferation Act of 1978.
    ---------------------------------------------------------------------------

                PART B--SANCTIONS FOR NUCLEAR PROLIFERATION \3\

    SEC. 821.\4\ IMPOSITION OF PROCUREMENT SANCTION ON PERSONS ENGAGING IN
                        EXPORT ACTIVITIES THAT CONTRIBUTE TO PROLIFERATION.

        (a) Determination by the President.--
    ---------------------------------------------------------------------------
        \3\ Sec. 831 of this Act provided:
    ---------------------------------------------------------------------------

    ``sec. 831. effective date.
    ---------------------------------------------------------------------------

        ``The provisions of this part, and the amendments made by this
    part, shall take effect 60 days after the date of the enactment of this
    Act.''.
        \4\ 22 U.S.C. 6301.
    ---------------------------------------------------------------------------
              (1) In general.--Except as provided in subsection
            (b)(2), the President shall impose the sanction
            described in subsection (c) if the President determines
            in writing that, on or after the effective date of this
            part, a foreign person or a United States person has
            materially and with requisite knowledge contributed,
            through the export from the United States or any other
            country of any goods or technology (as defined in
            section 830(2)), to the efforts by any individual,
            group, or non-nuclear-weapon state to acquire
            unsafeguarded special nuclear material or to use,
            develop, produce, stockpile, or otherwise acquire any
            nuclear explosive device.
              (2) Persons against which the sanction is to be
            imposed.--The sanction shall be imposed pursuant to
            paragraph (1) on--
                      (A) the foreign person or United States
                    person with respect to which the President
                    makes the determination described in that
                    paragraph;
                      (B) any successor entity to that foreign
                    person or United States person;
                      (C) any foreign person or United States
                    person that is a parent or subsidiary of that
                    person if that parent or subsidiary materially
                    and with requisite knowledge assisted in the
                    activities which were the basis of that
                    determination; and
                      (D) any foreign person or United States
                    person that is an affiliate of that person if
                    that affiliate materially and with requisite
                    knowledge assisted in the activities which were
                    the basis of that determination and if that
                    affiliate is controlled in fact by that person.
              (3) Other sanctions available.--The sanction which is
            required to be imposed for activities described in this
            subsection is in addition to any other sanction which
            may be imposed for the same activities under any other
            provision of law.
              (4) Definition.--For purposes of this subsection, the
            term ``requisite knowledge'' means situations in which
            a person ``knows'', as ``knowing'' is defined in
            section 104 of the Foreign Corrupt Practices Act of
            1977 (15 U.S.C. 78dd-2).
        (b) Consultation With and Actions by Foreign Government of
    Jurisdiction.--
              (1) Consultations.--If the President makes a
            determination described in subsection (a)(1) with
            respect to a foreign person, the Congress urges the
            President to initiate consultations immediately with
            the government with primary jurisdiction over that
            foreign person with respect to the imposition of the
            sanction pursuant to this section.
              (2) Actions by government of jurisdiction.--In order
            to pursue such consultations with that government, the
            President may delay imposition of the sanction pursuant
            to this section for up to 90 days. Following these
            consultations, the President shall impose the sanction
            unless the President determines and certifies in
            writing to the Congress that that government has taken
            specific and effective actions, including appropriate
            penalties, to terminate the involvement of the foreign
            person in the activities described in subsection
            (a)(1). The President may delay the imposition of the
            sanction for up to an additional 90 days if the
            President determines and certifies in writing to the
            Congress that that government is in the process of
            taking the actions described in the preceding sentence.
              (3) Report to congress.--Not later than 90 days after
            making a determination under subsection (a)(1), the
            President shall submit to the Committee on Foreign
            Relations and the Committee on Governmental Affairs of
            the Senate and the Committee on Foreign Affairs \5\ of
            the House of Representatives a report on the status of
            consultations with the appropriate government under
            this subsection, and the basis for any determination
            under paragraph (2) of this subsection that such
            government has taken specific corrective actions.
    ---------------------------------------------------------------------------
        \5\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
        (c) Sanction.--
              (1) Description of sanction.--The sanction to be
            imposed pursuant to subsection (a)(1) is, except as
            provided in paragraph (2) of this subsection, that the
            United States Government shall not procure, or enter
            into any contract for the procurement of, any goods or
            services from any person described in subsection
            (a)(2).
              (2) Exceptions.--The President shall not be required
            to apply or maintain the sanction under this section--
                      (A) in the case of procurement of defense
                    articles or defense services--
                              (i) under existing contracts or
                            subcontracts, including the exercise of
                            options for production quantities to
                            satisfy requirements essential to the
                            national security of the United States;
                              (ii) if the President determines in
                            writing that the person or other entity
                            to which the sanction would otherwise
                            be applied is a sole source supplier of
                            the defense articles or services, that
                            the defense articles or services are
                            essential, and that alternative sources
                            are not readily or reasonably
                            available; or
                              (iii) if the President determines in
                            writing that such articles or services
                            are essential to the national security
                            under defense coproduction agreements;
                      (B) to products or services provided under
                    contracts entered into before the date on which
                    the President publishes his intention to impose
                    the sanction;
                      (C) to--
                              (i) spare parts which are essential
                            to United States products or
                            production;
                              (ii) component parts, but not
                            finished products, essential to United
                            States products or production; or
                              (iii) routine servicing and
                            maintenance of products, to the extent
                            that alternative sources are not
                            readily or reasonably available;
                      (D) to information and technology essential
                    to United States products or production; or
                      (E) to medical or other humanitarian items.
        (d) \6\ Advisory Opinions.--Upon the request of any person,
    the Secretary of State may, in consultation with the Secretary
    of Defense, issue in writing an advisory opinion to that person
    as to whether a proposed activity by that person would subject
    that person to the sanction under this section. Any person who
    relies in good faith on such an advisory opinion which states
    that the proposed activity would not subject a person to such
    sanction, and any person who thereafter engages in such
    activity, may not be made subject to such sanction on account
    of such activity.
    ---------------------------------------------------------------------------
        \6\ The Secretary of State delegated functions authorized under
    this subsection to the Under Secretary for International Security
    Affairs (Department of State Public Notice 2086; sec. 2 of Delegation
    of Authority No. 214; 59 F.R. 50790; October 5, 1994).
    ---------------------------------------------------------------------------
        (e) Termination of the Sanction.--The sanction imposed
    pursuant to this section shall apply for a period of at least
    12 months following the imposition of the sanction and shall
    cease to apply thereafter only if the President determines and
    certifies in writing to the Congress that--
              (1) reliable information indicates that the foreign
            person or United States person with respect to which
            the determination was made under subsection (a)(1) has
            ceased to aid or abet any individual, group, or non-
            nuclear-weapon state in its efforts to acquire
            unsafeguarded special nuclear material or any nuclear
            explosive device, as described in that subsection; and
              (2) the President has received reliable assurances
            from the foreign person or United States person, as the
            case may be, that such person will not, in the future,
            aid or abet any individual, group, or non-nuclear-
            weapon state in its efforts to acquire unsafeguarded
            special nuclear material or any nuclear explosive
            device, as described in subsection (a)(1).
        (f) Waiver.--
              (1) Criterion for waiver.--The President may waive
            the application of the sanction imposed on any person
            pursuant to this section, after the end of the 12-month
            period beginning on the date on which that sanction was
            imposed on that person, if the President determines and
            certifies in writing to the Congress that the continued
            imposition of the sanction would have a serious adverse
            effect on vital United States interests.
              (2) Notification of and report to congress.--If the
            President decides to exercise the waiver authority
            provided in paragraph (1), the President shall so
            notify the Congress not less than 20 days before the
            waiver takes effect. Such notification shall include a
            report fully articulating the rationale and
            circumstances which led the President to exercise the
            waiver authority.

    SEC. 822. ELIGIBILITY FOR ASSISTANCE.

        (a) \7\ Amendments to the Arms Export Control Act.-- * * *
    ---------------------------------------------------------------------------
        \7\ Subsec. (a) amended secs. 3 and 40 of the Arms Export Control
    Act (22 U.S.C. 2753, 2780).
    ---------------------------------------------------------------------------
        (b) Foreign Assistance Act of 1961.--
              (1) Presidential determination 82-7.--Notwithstanding
            any other provision of law, Presidential Determination
            No. 82-7 of February 10, 1982,\8\ made pursuant to
            section 670(a)(2) of the Foreign Assistance Act of
            1961, shall have no force or effect with respect to any
            grounds for the prohibition of assistance under section
            102(a)(1) of the Arms Export Control Act arising on or
            after the effective date of this part.
    ---------------------------------------------------------------------------
        \8\ Presidential Determination No. 82-7 of February 10, 1982 (47
    F.R. 9805; March 8, 1982), issued as a memorandum for the Secretary of
    State, read as follows:
        ``By the authority vested in me as President by the Constitution
    and statutes of the United States of America, including sections 620E
    and 670(a)(2) of the Foreign Assistance Act of 1961, as amended (``the
    Act''), I hereby:
    ---------------------------------------------------------------------------

      ``(1) determine, pursuant to section 620E(d) of the Act, that the
    provision of assistance to Pakistan under the Act through September 30,
    1987, is in the national interest of the United States and therefore waive
    the prohibitions of section 669 of the Act with respect to that period;

      ``(2) determine and certify, pursuant to section 670(a)(2) of the Act,
    that not providing assistance referred to in section 670(a)(1) of the Act
    to Pakistan would be seriously prejudicial to the achievement of United
    States nonproliferation objectives and otherwise jeopardize the common
    defense and security;

      ``(3) authorize the provision of assistance referred to in sections
    669(a)(1) and 670(a)(1) of the Act to Pakistan beginning thirty (30) days
    following submission of this determination and certification to the
    Congress.''.

              (2) \9\ * * *
    ---------------------------------------------------------------------------
        \9\ Para. (2) amended sec. 620E(d) of the Foreign Assistance Act of
    1961 (22 U.S.C. 2375(d)).
    ---------------------------------------------------------------------------

    SEC. 823. ROLE OF INTERNATIONAL FINANCIAL INSTITUTIONS.

        (a) \10\ In General.--The Secretary of the Treasury shall
    instruct the United States executive director to each of the
    international financial institutions described in section
    701(a) of the International Financial Institutions Act (22
    U.S.C. 262d(a)) to use the voice and vote of the United States
    to oppose any use of the institution's funds to promote the
    acquisition of unsafeguarded special nuclear material or the
    development, stockpiling, or use of any nuclear explosive
    device by any non-nuclear-weapon state.
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 6302.
    ---------------------------------------------------------------------------
        (b) \11\ * * *
    ---------------------------------------------------------------------------
        \11\ Subsec. (b) amended sec. 701(b)(3) of the International
    Financial Institutions Act (22 U.S.C. 262d(b)(3)).
    ---------------------------------------------------------------------------

    SEC. 824.\12\ PROHIBITION ON ASSISTING NUCLEAR PROLIFERATION THROUGH
                        THE PROVISION OF FINANCING.

        (a) Prohibited Activity Defined.--For purposes of this
    section, the term ``prohibited activity'' means the act of
    knowingly, materially, and directly contributing or attempting
    to contribute, through the provision of financing, to--
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 6303.
    ---------------------------------------------------------------------------
              (1) the acquisition of unsafeguarded special nuclear
            material; or
              (2) the use, development, production, stockpiling, or
            other acquisition of any nuclear explosive device,
    by any individual, group, or non-nuclear-weapon state.
        (b) Prohibition.--To the extent that the United States has
    jurisdiction to prohibit such activity by such person, no
    United States person and no foreign person may engage in any
    prohibited activity.
        (c) Presidential Determination and Order With Respect to
    United States and Foreign Persons.--If the President
    determines,,\13\ that a United States person or a foreign
    person has engaged in a prohibited activity (without regard to
    whether subsection (b) applies), the President shall, by order,
    impose the sanctions described in subsection (d) on such
    person.
    ---------------------------------------------------------------------------
        \13\ Sec. 157(b)(1) of Public Law 104-164 (110 Stat. 1440) struck
    out ``in writing after opportunity for a hearing on the record''
    (resulting in a double comma).
    ---------------------------------------------------------------------------
        (d) Sanctions.--The following sanctions shall be imposed
    pursuant to any order issued under subsection (c) with respect
    to any United States person or any foreign person:
              (1) Ban on dealings in government finance.--
                      (A) Designation as primary dealer.--Neither
                    the Board of Governors of the Federal Reserve
                    System nor the Federal Reserve Bank of New York
                    may designate, or permit the continuation of
                    any prior designation of, the person as a
                    primary dealer in United States Government debt
                    instruments.
                      (B) Service as depositary.--The person may
                    not serve as a depositary for United States
                    Government funds.
              (2) Restrictions on operations.--The person may not,
            directly or indirectly--
                      (A) commence any line of business in the
                    United States in which the person was not
                    engaged as of the date of the order; or
                      (B) conduct business from any location in the
                    United States at which the person did not
                    conduct business as of the date of the order.
        (e) \14\ Consultation With and Actions by Foreign
    Government of Jurisdiction.--
    ---------------------------------------------------------------------------
        \14\ Sec. 157(b)(2) and (3) of Public Law 104-164 (110 Stat. 1440)
    struck out subsec. (e) and redesignated subsecs. (f) through (k) as
    subsecs. (e) through (j), respectively. Former subsec. (e) had provided
    that: ``Any determination of the President under subsection (c) shall
    be subject to judicial review in accordance with chapter 7 of part I of
    title 5, United States Code.''.
    ---------------------------------------------------------------------------
              (1) Consultations.--If the President makes a
            determination under subsection (c) with respect to a
            foreign person, the Congress urges the President to
            initiate consultations immediately with any appropriate
            foreign government with respect to the imposition of
            any sanction pursuant to this section.
              (2) Actions by government of jurisdiction.--
                      (A) Suspension of period for imposing
                    sanctions.--In order to pursue consultations
                    described in paragraph (1) with any government
                    referred to in such paragraph, the President
                    may delay, for up to 90 days, the effective
                    date of an order under subsection (c) imposing
                    any sanction.
                      (B) Coordination with activities of foreign
                    government.--Following consultations described
                    in paragraph (1), the order issued by the
                    President under subsection (c) imposing any
                    sanction on a foreign person shall take effect
                    unless the President determines, and certifies
                    in writing to the Congress, that the government
                    referred to in paragraph (1) has taken specific
                    and effective actions, including the imposition
                    of appropriate penalties, to terminate the
                    involvement of the foreign person in any
                    prohibited activity.
                      (C) Extension of period.--After the end of
                    the period described in subparagraph (A), the
                    President may delay, for up to an additional 90
                    days, the effective date of an order issued
                    under subsection (b) imposing any sanction on a
                    foreign person if the President determines, and
                    certifies in writing to the Congress, that the
                    appropriate foreign government is in the
                    process of taking actions described in
                    subparagraph (B).
              (3) Report to congress.--Before the end of the 90-day
            period beginning on the date on which an order is
            issued under subsection (c), the President shall submit
            to the Congress a report on--
                      (A) the status of consultations under this
                    subsection with the government referred to in
                    paragraph (1); and
                      (B) the basis for any determination under
                    paragraph (2) that such government has taken
                    specific corrective actions.
        (f) \14\ Termination of the Sanctions.--Any sanction
    imposed on any person pursuant to an order issued under
    subsection (c) shall--
              (1) remain in effect for a period of not less than 12
            months; and
              (2) cease to apply after the end of such 12-month
            period only if the President determines, and certifies
            in writing to the Congress, that--
                      (A) the person has ceased to engage in any
                    prohibited activity; and
                      (B) the President has received reliable
                    assurances from such person that the person
                    will not, in the future, engage in any
                    prohibited activity.
        (g) \14\ Waiver.--The President may waive the continued
    application of any sanction imposed on any person pursuant to
    an order issued under subsection (c) if the President
    determines, and certifies in writing to the Congress, that the
    continued imposition of the sanction would have a serious
    adverse effect on the safety and soundness of the domestic or
    international financial system or on domestic or international
    payments systems.
        (h) \14\ Enforcement Action.--The Attorney General may
    bring an action in an appropriate district court of the United
    States for injunctive and other appropriate relief with respect
    to--
              (1) any violation of subsection (b); or
              (2) any order issued pursuant to subsection (c).
        (i) \14\ Knowingly Defined.--
              (1) In general.--For purposes of this section, the
            term ``knowingly'' means the state of mind of a person
            with respect to conduct, a circumstance, or a result in
            which--
                      (A) such person is aware that such person is
                    engaging in such conduct, that such
                    circumstance exists, or that such result is
                    substantially certain to occur; or
                      (B) such person has a firm belief that such
                    circumstance exists or that such result is
                    substantially certain to occur.
              (2) Knowledge of the existence of a particular
            circumstance.--If knowledge of the existence of a
            particular circumstance is required for an offense,
            such knowledge is established if a person is aware of a
            high probability of the existence of such circumstance,
            unless the person actually believes that such
            circumstance does not exist.
        (j) \14\ Scope of Application.--This section shall apply
    with respect to prohibited activities which occur on or after
    the date this part takes effect.

    SEC. 825.\15\ EXPORT-IMPORT BANK. * * *
    ---------------------------------------------------------------------------

        \15\ Sec. 825 amended sec. 2(b)(4) of the Export-Import Bank Act of
    1945 (12 U.S.C. 635(b)(4)).
    ---------------------------------------------------------------------------

    SEC. 826.\16\ AMENDMENT TO THE ARMS EXPORT CONTROL ACT. * * *
    ---------------------------------------------------------------------------

        \16\ Sec. 826(a) added a new chapter 10 to the Arms Export Control
    Act, relating to nuclear proliferation controls (22 U.S.C. 2799aa et
    seq.). Sec. 826(b) repealed secs. 669 and 670 of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2429, 2429a). Sec. 826(c) made corresponding
    technical amendments.
    ---------------------------------------------------------------------------

    SEC. 827.\17\ REWARD. * * *
    ---------------------------------------------------------------------------

        \17\ Sec. 827 amended sec. 36(a) of the State Department Basic
    Authorities Act of 1956 (22 U.S.C. 2708(a)).
    ---------------------------------------------------------------------------

    SEC. 828. REPORTS.

        (a) \18\ Content of ACDA Annual Report.-- * * *
    ---------------------------------------------------------------------------
        \18\ Sec. 828(a) amended sec. 51(a) of the Arms Control and
    Disarmament Act.
    ---------------------------------------------------------------------------
        (b) \19\ Reporting on Demarches.--(1) It is the sense of
    the Congress that the Department of State should, in the course
    of implementing its reporting responsibilities under section
    602(c) of the Nuclear Non-Proliferation Act of 1978, include a
    summary of demarches that the United States has issued or
    received from foreign governments with respect to activities
    which are of significance from the proliferation standpoint.
    ---------------------------------------------------------------------------
        \19\ 22 U.S.C. 6304.
    ---------------------------------------------------------------------------
        (2) For purposes of this section, the term ``demarche''
    means any official communication by one government to another,
    by written or oral means, intended by the originating
    government to express--
              (A) a concern over a past, present, or possible
            future action or activity of the recipient government,
            or of a person within the jurisdiction of that
            government, contributing to the global spread of
            unsafeguarded special nuclear material or of nuclear
            explosive devices;
              (B) a request for the recipient government to counter
            such action or activity; or
              (C) both the concern and request described in
            subparagraphs (A) and (B).
              * * * * * * *

    SEC. 830.\20\ DEFINITIONS.

        For purposes of this part--
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 6305.
    ---------------------------------------------------------------------------
              (1) the term ``foreign person'' means--
                      (A) an individual who is not a citizen of the
                    United States or an alien admitted for
                    permanent residence to the United States; or
                      (B) a corporation, partnership, or other
                    nongovernment entity which is created or
                    organized under the laws of a foreign country
                    or which has its principal place of business
                    outside the United States;
              (2) the term ``goods or technology'' means--
                      (A) nuclear materials and equipment and
                    sensitive nuclear technology (as such terms are
                    defined in section 4 of the Nuclear Non-
                    Proliferation Act of 1978), all export items
                    designated by the President pursuant to section
                    309(c) of the Nuclear Non-Proliferation Act of
                    1978, and all technical assistance requiring
                    authorization under section 57 b. of the Atomic
                    Energy Act of 1954, and
                      (B) in the case of exports from a country
                    other than the United States, any goods or
                    technology that, if exported from the United
                    States, would be goods or technology described
                    in subparagraph (A);
              (3) the term ``IAEA safeguards'' means the safeguards
            set forth in an agreement between a country and the
            International Atomic Energy Agency, as authorized by
            Article III(A)(5) of the Statute of the International
            Atomic Energy Agency;
              (4) the term ``nuclear explosive device'' means any
            device, whether assembled or disassembled, that is
            designed to produce an instantaneous release of an
            amount of nuclear energy from special nuclear material
            that is greater than the amount of energy that would be
            released from the detonation of one pound of
            trinitrotoluene (TNT);
              (5) the term ``non-nuclear-weapon state'' means any
            country which is not a nuclear-weapon state, as defined
            by Article IX (3) of the Treaty on the Non-
            Proliferation of Nuclear Weapons, signed at Washington,
            London, and Moscow on July 1, 1968;
              (6) the term ``special nuclear material'' has the
            meaning given that term in section 11 aa. of the Atomic
            Energy Act of 1954 (42 U.S.C. 2014aa);
              (7) the term ``United States person'' means--
                      (A) an individual who is a citizen of the
                    United States or an alien admitted for
                    permanent residence to the United States; or
                      (B) a corporation, partnership, or other
                    nongovernment entity which is not a foreign
                    person; and
              (8) the term ``unsafeguarded special nuclear
            material'' means special nuclear material which is held
            in violation of IAEA safeguards or not subject to IAEA
            safeguards (excluding any quantity of material that
            could, if it were exported from the United States, be
            exported under a general license issued by the Nuclear
            Regulatory Commission).

    SEC. 831. EFFECTIVE DATE.

        The provisions of this part, and the amendments made by
    this part, shall take effect 60 days after the date of the
    enactment of this Act.

                   PART C--INTERNATIONAL ATOMIC ENERGY AGENCY

    SEC. 841.\21\ BILATERAL AND MULTILATERAL INITIATIVES.

        It is the sense of the Congress that in order to maintain
    and enhance international confidence in the effectiveness of
    IAEA safeguards and in other multilateral undertakings to halt
    the global proliferation of nuclear weapons, the United States
    should seek to negotiate with other nations and groups of
    nations, including the IAEA Board of Governors and the Nuclear
    Suppliers Group, to--
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 6321. Sec. 3631 of the National Defense
    Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
    1825) provided as follows:
    ---------------------------------------------------------------------------

    ``sec. 3631. promotion of discussions on nuclear and radiological security
    and safety between the international atomic energy agency and the
    organization for economic cooperation and development.
    ---------------------------------------------------------------------------

        ``(a) Sense of Congress Regarding Initiation of Dialogue Between
    the IAEA and the OECD.--It is the sense of Congress that--
    ---------------------------------------------------------------------------

      ``(1) the United States should seek to initiate discussions between the
    International Atomic Energy Agency and the Organization for Economic
    Cooperation and Development for the purpose of exploring issues of nuclear
    and radiological security and safety, including the creation of new sources
    of revenue (including debt reduction) for states to provide nuclear
    security; and

      ``(2) the discussions referred to in paragraph (1) should also provide a
    forum to explore possible sources of funds in support of the G-8 Global
    Partnership Against the Spread of Weapons and Materials of Mass
    Destruction.
    ---------------------------------------------------------------------------

        ``(b) Contingent Report.--(1) Except as provided in paragraph (2),
    the President shall, not later than 12 months after the date of the
    enactment of this Act, submit to Congress a report on--
    ---------------------------------------------------------------------------

      ``(A) the efforts made by the United States to initiate the discussions
    described in subsection (a);

      ``(B) the results of those efforts; and

      ``(C) any plans for further discussions and the purposes of such
    discussions.
    ---------------------------------------------------------------------------

        ``(2) Paragraph (1) shall not apply if no efforts referred to in
    paragraph (1)(A) have been made.''.
    ---------------------------------------------------------------------------
              (1) build international support for the principle
            that nuclear supply relationships must require
            purchasing nations to agree to full-scope international
            safeguards;
              (2) encourage each nuclear-weapon state within the
            meaning of the Treaty to undertake a comprehensive
            review of its own procedures for declassifying
            information relating to the design or production of
            nuclear explosive devices and to investigate any
            measures that would reduce the risk of such information
            contributing to nuclear weapons proliferation;
              (3) encourage the deferral of efforts to produce
            weapons-grade nuclear material for large-scale
            commercial uses until such time as safeguards are
            developed that can detect, on a timely and reliable
            basis, the diversion of significant quantities of such
            material for nuclear explosive purposes;
              (4) pursue greater financial support for the
            implementation and improvement of safeguards from all
            IAEA member nations with significant nuclear programs,
            particularly from those nations that are currently
            using or planning to use weapons-grade nuclear material
            for commercial purposes;
              (5) arrange for the timely payment of annual
            financial contributions by all members of the IAEA,
            including the United States;
              (6) pursue the elimination of international commerce
            in highly enriched uranium for use in research reactors
            while encouraging multilateral cooperation to develop
            and to use low-enriched alternative nuclear fuels;
              (7) oppose efforts by non-nuclear-weapon states to
            develop or use unsafeguarded nuclear fuels for purposes
            of naval propulsion;
              (8) pursue an international open skies arrangement
            that would authorize the IAEA to operate surveillance
            aircraft and would facilitate IAEA access to satellite
            information for safeguards verification purposes;
              (9) develop an institutional means for IAEA member
            nations to share intelligence material with the IAEA on
            possible safeguards violations without compromising
            national security or intelligence sources or methods;
              (10) require any exporter of a sensitive nuclear
            facility or sensitive nuclear technology to a non-
            nuclear-weapon state to notify the IAEA prior to export
            and to require safeguards over that facility or
            technology, regardless of its destination; and
              (11) seek agreement among the parties to the Treaty
            to apply IAEA safeguards in perpetuity and to establish
            new limits on the right to withdraw from the Treaty.

    SEC. 842.\22\ IAEA INTERNAL REFORMS.

        In order to promote the early adoption of reforms in the
    implementation of the safeguards responsibilities of the IAEA,
    the Congress urges the President to negotiate with other
    nations and groups of nations, including the IAEA Board of
    Governors and the Nuclear Suppliers Group, to--
    ---------------------------------------------------------------------------
        \22\ 22 U.S.C. 6322.
    ---------------------------------------------------------------------------
              (1) improve the access of the IAEA within nuclear
            facilities that are capable of producing, processing,
            or fabricating special nuclear material suitable for
            use in a nuclear explosive device;
              (2)(A) facilitate the IAEA's efforts to meet and to
            maintain its own goals for detecting the diversion of
            nuclear materials and equipment, giving particular
            attention to facilities in which there are bulk
            quantities of plutonium; and
              (B) if it is not technically feasible for the IAEA to
            meet those detection goals in a particular facility,
            require the IAEA to declare publicly that it is unable
            to do so;
              (3) enable the IAEA to issue fines for violations of
            safeguards procedures, to pay rewards for information
            on possible safeguards violations, and to establish a
            ``hot line'' for the reporting of such violations and
            other illicit uses of weapons-grade nuclear material;
              (4) establish safeguards at facilities engaged in the
            manufacture of equipment or material that is especially
            designated or prepared for the processing, use, or
            production of special fissionable material or, in the
            case of non-nuclear-weapon states, of any nuclear
            explosive device;
              (5) establish safeguards over nuclear research and
            development activities and facilities;
              (6) implement special inspections of undeclared
            nuclear facilities, as provided for under existing
            safeguards procedures, and seek authority for the IAEA
            to conduct challenge inspections on demand at suspected
            nuclear sites;
              (7) expand the scope of safeguards to include
            tritium, uranium concentrates, and nuclear waste
            containing special fissionable material, and increase
            the scope of such safeguards on heavy water;
              (8) revise downward the IAEA's official minimum
            amounts of nuclear material (``significant quantity'')
            needed to make a nuclear explosive device and establish
            these amounts as national rather than facility
            standards;
              (9) expand the use of full-time resident IAEA
            inspectors at sensitive fuel cycle facilities;
              (10) promote the use of near real time material
            accountancy in the conduct of safeguards at facilities
            that use, produce, or store significant quantities of
            special fissionable material;
              (11) develop with other IAEA member nations an
            agreement on procedures to expedite approvals of visa
            applications by IAEA inspectors;
              (12) provide the IAEA the additional funds, technical
            assistance, and political support necessary to carry
            out the goals set forth in this subsection; and
              (13) make public the annual safeguards implementation
            report of the IAEA, establishing a public registry of
            commodities in international nuclear commerce,
            including dual-use goods, and creating a public
            repository of current nuclear trade control laws,
            agreements, regulations, and enforcement and judicial
            actions by IAEA member nations.

    SEC. 843.\23\ REPORTING REQUIREMENT.

        (a) Report Required.--The President shall, in the report
    required by section 601(a) of the Nuclear Non-Proliferation Act
    of 1978, describe--
    ---------------------------------------------------------------------------
        \23\ 22 U.S.C. 6323.
    ---------------------------------------------------------------------------
              (1) the steps he has taken to implement sections 841
            and 842, and
              (2) the progress that has been made and the obstacles
            that have been encountered in seeking to meet the
            objectives set forth in sections 841 and 842.
        (b) Contents of Report.--Each report under paragraph (1)
    shall describe--
              (1) the bilateral and multilateral initiatives that
            the President has taken during the period since the
            enactment of this Act in pursuit of each of the
            objectives set forth in sections 841 and 842;
              (2) any obstacles that have been encountered in the
            pursuit of those initiatives;
              (3) any additional initiatives that have been
            proposed by other countries or international
            organizations to strengthen the implementation of IAEA
            safeguards;
              (4) all activities of the Federal Government in
            support of the objectives set forth in sections 841 and
            842;
              (5) any recommendations of the President on
            additional measures to enhance the effectiveness of
            IAEA safeguards; and
              (6) any initiatives that the President plans to take
            in support of each of the objectives set forth in
            sections 841 and 842.

    SEC. 844.\24\ DEFINITIONS.

        As used in this part--
    ---------------------------------------------------------------------------
        \24\ 22 U.S.C. 6324.
    ---------------------------------------------------------------------------
              (1) the term ``highly enriched uranium'' means
            uranium enriched to 20 percent or more in the isotope
            U-235;
              (2) the term ``IAEA'' means the International Atomic
            Energy Agency;
              (3) the term ``near real time material accountancy''
            means a method of accounting for the location,
            quantity, and disposition of special fissionable
            material at facilities that store or process such
            material, in which verification of peaceful use is
            continuously achieved by means of frequent physical
            inventories and the use of in-process instrumentation;
              (4) the term ``special fissionable material'' has the
            meaning given that term by Article XX(1) of the Statute
            of the International Atomic Energy Agency, done at the
            Headquarters of the United Nations on October 26, 1956;
              (5) the term ``the Treaty'' means the Treaty on the
            Non-Proliferation of Nuclear Weapons, signed at
            Washington, London, and Moscow on July 1, 1968; and
              (6) the terms ``IAEA safeguards'', ``non-nuclear-
            weapon state'', ``nuclear explosive device'', and
            ``special nuclear material'' have the meanings given
            those terms in section 830 of this Act.

                PART D--TERMINATION * * * [Repealed--1996] \25\

    ---------------------------------------------------------------------------
        \25\ Sec. 157(a) of Public Law 104-164 (110 Stat. 1440) repealed
    part D, which consisted only of sec. 851, which had provided the
    following:
    ---------------------------------------------------------------------------

    ``sec. 851. termination upon enactment of next foreign relations act.
    ---------------------------------------------------------------------------

        ``On the date of enactment of the first Foreign Relations
    Authorization Act that is enacted after the enactment of this Act, the
    provisions of parts A and B of this title shall cease to be effective,
    the amendments made by those parts shall be repealed, and any provision
    of law repealed by those parts shall be reenacted.''.
               q. Weapons of Mass Destruction Control Act of 1992

    Partial text of Public Law 102-484 [National Defense Authorization Act
    for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315, approved October 23,
    1992; as amended by Public Law 103-160 [National Defense Authorization
    Act for Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, approved November
     30, 1993; Public Law 103-337 [National Defense Authorization Act for
     Fiscal Year 1995; S. 2182], 108 Stat. 2663, approved October 5, 1994;
    Public Law 104-106 [National Defense Authorization Act for Fiscal Year
     1996; S. 1124], 110 Stat. 186, approved February 10, 1996; Public Law
    104-201 [National Defense Authorization Act for Fiscal Year 1997; H.R.
     3230], 110 Stat. 2422, approved September 23, 1996; Public Law 105-85
     [National Defense Authorization Act for Fiscal Year 1998; H.R. 1119],
     111 Stat. 1629, approved November 18, 1997; Public Law 105-261 [Strom
    Thurmond National Defense Authorization Act for Fiscal Year 1999; H.R.
      3616], 112 Stat. 1920, approved October 17, 1998; Public Law 106-65
    [National Defense Authorization Act for Fiscal Year 2000; S. 1059], 113
       Stat. 512, approved October 5, 1999; Public Law 106-398 [Floyd D.
     Spence National Defense Authorization Act for Fiscal Year 2001; H.R.
     4205], 114 Stat. 1654, approved October 30, 2000; Public Law 107-107
    [National Defense Authorization Act for Fiscal Year 2002; S. 1438], 115
      Stat. 1012, approved December 28, 2001; and Public Law 107-314 [Bob
      Stump National Defense Authorization Act for Fiscal Year 2003; H.R.
                4546], 116 Stat. 2458, approved December 2, 2002

                           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 Department 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 specified 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.\1\
    ---------------------------------------------------------------------------
        \1\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(4) of that
    Act provided that references to the Committee on Energy and Commerce
    shall be treated as referring to the Committee on Commerce. Sec.
    1(a)(5) of that Act provided that references to the Committee on
    Foreign Affairs shall be treated as referring to the Committee on
    International Relations.
    ---------------------------------------------------------------------------
        (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.
              (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 Advanced 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. 1505.\2\ INTERNATIONAL NONPROLIFERATION INITIATIVE.

        (a) Assistance for International Nonproliferation
    Activities.--Subject to the limitations and requirements
    provided in this section,\3\ the Secretary of Defense, under
    the guidance of the President, may provide assistance to
    support international nonproliferation activities.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 5859a.
        \3\ 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(a)(1) of Public Law 103-337 (108 Stat. 2914) further extended
    this initiative to include FY 1995. Sec. 1403(a)(1) of Public Law 104-
    106 (110 Stat. 489) struck out ``during fiscal years 1994 and 1995''.
    ---------------------------------------------------------------------------
        (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 \4\ that are designed to ensure more
            effective safeguards against \5\ proliferation and more
            effective \6\ verification of compliance with the
            international agreements on nonproliferation.\7\
    ---------------------------------------------------------------------------
        \4\ Sec. 1501(b)(1)(A) of Public Law 103-337 (108 Stat. 2914)
    struck out ``the International Atomic Energy Agency (IAEA)'' and
    inserted in lieu thereof ``international organizations''.
        \5\ Sec. 1501(b)(1)(B) of Public Law 103-337 (108 Stat. 2914)
    struck out ``nuclear'' before ``proliferation''.
        \6\ Sec. 1501(b)(1)(C) of Public Law 103-337 (108 Stat. 2914)
    struck out ``aggressive'' and inserted in lieu thereof ``effective''.
        \7\ Sec. 1501(b)(1)(D) of Public Law 103-337 (108 Stat. 2914)
    struck out ``Treaty on the Non-Proliferation of Nuclear Weapons, done
    on July 1, 1968.'', and inserted in lieu thereof ``international
    agreements on nonproliferation.''.
    ---------------------------------------------------------------------------
              (2) Activities of the Department of Defense \8\ in
            support of the United Nations Special Commission on
            Iraq (or any successor organization). \9\
    ---------------------------------------------------------------------------
        \8\ Sec. 1403(b)(1) of Public Law 104-106 (110 Stat. 489) struck
    out ``On-Site Inspection Agency'' and inserted in lieu thereof
    ``Department of Defense''.
        \9\ 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.''.
        Sec. 1505(c)(1) of Public Law 106-65 (113 Stat. 808) inserted ``(or
    any successor organization)''.
    ---------------------------------------------------------------------------
              (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.
              (4) Efforts to improve international cooperative
            monitoring of nuclear, biological, chemical, and
            missile proliferation through technical projects and
            improved information sharing.\10\
    ---------------------------------------------------------------------------
        \10\ Sec. 1501(b)(2) 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''.
    ---------------------------------------------------------------------------
        (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 Budget determines that the expenditure will be counted as
    discretionary spending in the national defense budget function
    (function 050).\11\
    ---------------------------------------------------------------------------
        \11\ Sec. 1403(b)(2) of Public Law 104-106 (110 Stat. 490) struck
    out ``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.'' and
    inserted in lieu thereof ``will be counted as discretionary spending in
    the national defense budget function (function 050).''.
    ---------------------------------------------------------------------------
        (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) Sources of Assistance.--(1) Funds provided as
    assistance under this section for any fiscal year shall be
    derived from amounts made available to the Department of
    Defense for that fiscal year.\12\ Funds provided as assistance
    under this section for a fiscal year \13\ may also be derived
    \14\ from balances in working capital accounts of the
    Department of Defense.
    ---------------------------------------------------------------------------
        \12\ Sec. 1403(c)(1)(A) of Public Law 104-106 (110 Stat. 490)
    struck out ``for fiscal year 1994 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.'', and inserted in lieu thereof ``for any fiscal year
    shall be derived from amounts made available to the Department of
    Defense for that fiscal year.''.
        Previously, sec. 1501(c)(1)(A) of Public Law 103-337 (108 Stat.
    2914) inserted ``for fiscal year 1994'' after ``under this section''.
        \13\ Sec. 1403(c)(1)(B) of Public Law 104-106 (110 Stat. 490)
    struck out ``referred to in this paragraph'' after ``for a fiscal
    year''.
        \14\ Sec. 1501(c)(1)(B) 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 also be 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) \15\ The total amount of the assistance provided in the
    form of funds under this section, including funds used for
    activities of the Department of Defense \16\ in support of the
    United Nations Special Commission on Iraq, may not exceed
    $25,000,000 for fiscal year 1994, $20,000,000 for fiscal year
    1995, $15,000,000 for fiscal year 1996, $15,000,000 for fiscal
    year 1997; or $15,000,000 for fiscal year 1998.
    ---------------------------------------------------------------------------
        \15\ 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 Special
    Commission on Iraq.''.
        Sec. 1501(c)(2) of Public Law 103-337 (108 Stat. 2914) inserted
    ``for fiscal year 1994 and $20,000,000 for fiscal year 1995'' after
    ``$25,000,000''.
        Sec. 1403(c)(2)(A) of Public Law 104-106 (110 Stat. 490) struck out
    ``may not exceed $25,000,000 for fiscal year 1994 or $20,000,000 for
    fiscal year 1995''. Sec. 1403(c)(2)(B) of that Act inserted at the end
    of the same sentence, ``may not exceed $25,000,000 for fiscal year
    1994, $20,000,000 for fiscal year 1995, or $15,000,000 for fiscal year
    1996''.
        Sec. 1301(a)(1) of Public Law 104-201 (110 Stat. 2700) struck out
    ``or'' after ``fiscal year 1995,'' and inserted ``or $15,000,000 for
    fiscal year 1997'' at the end of the sentence.
        Sec. 1308 of Public Law 105-85 (111 Stat. 1956) struck out ``or''
    after ``fiscal year 1996'' and added ``, or $15,000,000 for fiscal year
    1998'' at the end of the para.
        Sec. 1531(a) of the Strom Thurmond National Defense Authorization
    Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2180) provided
    the following:
        ``(a) Amount Authorized for Fiscal Year 1999.--The total amount of
    assistance for fiscal year 1999 provided by the Secretary of Defense
    under section 1505 of the Weapons of Mass Destruction Control Act of
    1992 (22 U.S.C. 5859a) that is provided for activities of the
    Department of Defense in support of the United Nations Special
    Commission on Iraq, may not exceed $15,000,000.''.
        Sec. 1505(a) of the National Defense Authorization Act for Fiscal
    Year 2000 (Public Law 106-65; 113 Stat. 808) provided the following:
        ``(a) Limitation on Amount of Assistance in Fiscal Year 2000.--The
    total amount of the assistance for fiscal year 2000 that is provided by
    the Secretary of Defense under section 1505 of the Weapons of Mass
    Destruction Control Act of 1992 (22 U.S.C. 5859a) as activities of the
    Department of Defense in support of activities under that Act may not
    exceed $15,000,000.''.
        Sec. 1201(a) of the Floyd D. Spence National Defense Authorization
    Act for Fiscal Year 2001 (Public Law 106-398; 114 Stat. 1654) provided
    the following:
        ``(a) Limitation on Amount of Assistance in Fiscal Year 2001.--The
    total amount of the assistance for fiscal year 2001 that is provided by
    the Secretary of Defense under section 1505 of the Weapons of Mass
    Destruction Control Act of 1992 (22 U.S.C. 5859a) as activities of the
    Department of Defense in support of activities under that Act may not
    exceed $15,000,000.''.
        \16\ Sec. 1403(b)(1) of Public Law 104-106 (110 Stat. 489) struck
    out ``On-Site Inspection Agency'' and inserted in lieu thereof
    ``Department of Defense''.
    ---------------------------------------------------------------------------
        (4) \17\ (A) In the event of a significant unforeseen
    development related to the activities of the United Nations
    Special commission on Iraq (or any successor organization) \18\
    for which the Secretary of Defense determines that financial
    assistance under this section is required at a level which
    would result in the total amount of assistance provided under
    this section during the then-current fiscal year exceeding the
    amount of any limitation provided by law on the total amount of
    such assistance for that fiscal year, the Secretary of Defense
    may provide such assistance with respect to that fiscal year
    notwithstanding that limitation.\19\
    ---------------------------------------------------------------------------
        \17\ Sec. 1301(b) of Public Law 104-201 (110 Stat. 2700) added
    para. (4). Previously, sec. 1602(c) of Public Law 103-160 (107 Stat.
    1843) struck out the original 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 (e)(2) a report on
    the proposed obligation. Each such report shall specify--
    ---------------------------------------------------------------------------

      ``(A) the 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

      ``(B) the activities and forms of assistance for which the Secretary of
    Defense plans to obligate the funds.''.
    ---------------------------------------------------------------------------

        \18\ Sec. 1505(c)(2)(A)(i) of Public Law 106-65 (113 Stat. 808)
    inserted ``(or any successor organization)''.
        \19\ Sec. 1505(c)(2)(A)(ii) of Public Law 106-65 (113 Stat. 808)
    struck out ``the amount specified with respect to that year under
    paragraph (3), the Secretary of Defense may provide such assistance
    notwithstanding the limitation with respect to that fiscal year under
    paragraph (3). Funds for such purpose may be derived from any funds
    available to the Department of Defense for that fiscal year.'' and
    inserted in lieu thereof ``the amount of any limitation provided by law
    on the total amount of such assistance for that fiscal year, the
    Secretary of Defense may provide such assistance with respect to that
    fiscal year notwithstanding that limitation.''.
    ---------------------------------------------------------------------------
        (B) Financial assistance may be provided under subparagraph
    (A) only after the Secretary of Defense provides notice in
    writing to the committees of Congress named in subsection
    (e)(2) of the significant unforeseen development and of the
    Secretary's intent to provide assistance in excess of the
    limitation for that fiscal year.\20\ However, if the Secretary
    determines in any case that under the specific circumstances of
    that case advance notice is not possible, such notice shall be
    provided as soon as possible and not later than 15 days after
    the date on which the assistance is provided. Any notice under
    this subparagraph shall include a description of the
    development, the amount of assistance provided or to be
    provided, and the source of the funds for that assistance.
    ---------------------------------------------------------------------------
        \20\ Sec. 1505(c)(2)(B) of Public Law 106-65 (113 Stat. 808) struck
    out ``under paragraph (3)'' at this point.
    ---------------------------------------------------------------------------
        (e) Quarterly Report.--(1) Not later than 30 days after the
    end of each quarter of a fiscal year during which the authority
    of the Secretary of Defense to provide assistance under this
    section is in effect, \21\ 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)--
    ---------------------------------------------------------------------------
        \21\ 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. 1403(a)(2) of Public Law 104-106 (110 Stat. 489) subsequently
    struck out ``fiscal years 1994 and 1995'' and inserted in lieu thereof
    ``of a fiscal year during which the authority of the Secretary of
    Defense to provide assistance under this section is in effect''.
    ---------------------------------------------------------------------------
              (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) \22\ are to be transmitted are--
    ---------------------------------------------------------------------------
        \22\ Para. (2) originally read, ``(2) The committees of Congress to
    which reports under paragraph (1) and under subsection (d)(2) are to be
    transmitted are--''. Sec. 1182(c)(5) of the National Defense
    Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat.
    1772) struck out ``(d)(2)'' and inserted in lieu thereof ``(d)(4)''.
    Sec. 1070(c)(1) of the National Defense Authorization Act for Fiscal
    Year 1995 (Public Law 103-337; 108 Stat. 2857) subsequently struck out
    ``and under subsection (d)(4)''.
    ---------------------------------------------------------------------------
              (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
            Representatives.\23\
    ---------------------------------------------------------------------------
        \23\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(4) of that
    Act provided that references to the Committee on Energy and Commerce
    shall be treated as referring to the Committee on Commerce. Sec.
    1(a)(5) of that Act provided that references to the Committee on
    Foreign Affairs shall be treated as referring to the Committee on
    International Relations.
        Subsequently, sec. 1067(8) of Public Law 106-65 (113 Stat. 774)
    struck out ``Committee on National Security'' and inserted in lieu
    thereof ``Committee on Armed Services''.
    ---------------------------------------------------------------------------
        (f) \24\ Termination of Authority.--The authority of the
    Secretary of Defense to provide assistance under this section
    terminates at the close of fiscal year 2003.
    ---------------------------------------------------------------------------
        \24\ Sec. 1403(a)(3) of Public Law 104-106 (110 Stat. 489) added
    subsec. (f), to provide for this authority through fiscal year 1996.
    Sec. 1301(a)(2) of Public Law 104-201 (110 Stat. 2700) struck out
    ``1996'' and inserted in lieu thereof ``1997''. Sec. 1308(2) of Public
    Law 105-85 (111 Stat. 1956) extended the authority through fiscal year
    1998. Sec. 1531(b) of Public Law 105-261 (112 Stat. 2180) extended the
    authority through fiscal year 1999. Sec. 1505(b) of Public Law 106-65
    (113 Stat. 808) extended the authority through fiscal year 2000. Sec.
    1201(b) of Public Law 106-398 (114 Stat. 1654) extended the authority
    through fiscal year 2001. Sec. 1203(b) of Public Law 107-107 (115 Stat.
    1246) extended the authority through fiscal year 2002. Sec. 1204(b) of
    Public Law 107-314 (116 Stat. 2664) extended the authority through
    fiscal year 2003.
                r. Iran-Iraq Arms Non-Proliferation Act of 1992

    Partial text of Public Law 102-484 [National Defense Authorization Act
      for Fiscal Year 1993; H.R. 5006], 106 Stat. 2315 at 2571, approved
     October 23, 1992; as amended by Public Law 104-106 [National Defense
       Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186,
     approved February 10, 1996; and Public Law 107-228 [Foreign Relations
       Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350,
                          approved September 30, 2002

            TITLE XVI--IRAN-IRAQ ARMS NON-PROLIFERATION ACT OF 1992

    SEC. 1601.\1\ SHORT TITLE.

        This title may be cited as the ``Iran-Iraq Arms Non-
    Proliferation Act of 1992''.
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 1701 note. Popularly referred to as the ``Gore-McCain
    Act''. In a September 27, 1994, memorandum for the Secretary of State,
    the President delegated all functions vested in the President by this
    title to the Secretary of State, in consultation with the Secretaries
    of Defense, Treasury, Commerce, the Director of the Arms Control and
    Disarmament Agency, and other heads of appropriate departments and
    agencies (59 F.R. 50685; October 5, 1994).
    ---------------------------------------------------------------------------

    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.
        (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,\2\ and other relevant statutes, regarding the non-
    proliferation of weapons of mass destruction and the means of
    their delivery.
    ---------------------------------------------------------------------------
        \2\ For text of the Foreign Assistance Act of 1961 (Public Law 87-
    195) and chapter 7 of the Arms Export Control Act, see Legislation on
    Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
        (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 IRAN 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),\3\ 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.
    ---------------------------------------------------------------------------
        \3\ For text, see Legislation on Foreign Relations Through 2005,
    vol. I-B.
    ---------------------------------------------------------------------------

    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 chemical,
    biological, or nuclear weapons or \4\ to acquire destabilizing
    numbers and types of advanced conventional weapons, then the
    sanctions described in subsection (b) shall be imposed.
    ---------------------------------------------------------------------------
        \4\ Sec. 1408(a) of Public Law 104-106 (110 Stat. 494) inserted
    ``to acquire chemical, biological, or nuclear weapons or'' before ``to
    acquire''.
    ---------------------------------------------------------------------------
        (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 country) to acquire chemical,
    biological, or nuclear weapons or \5\ to acquire destabilizing
    numbers and types of advanced conventional weapons, then--
    ---------------------------------------------------------------------------
        \5\ Sec. 1408(b) of Public Law 104-106 (110 Stat. 494) inserted
    ``to acquire chemical, biological, or nuclear weapons or'' before ``to
    acquire''.
    ---------------------------------------------------------------------------
              (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 sanctioned 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.

    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 \6\ 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.
    ---------------------------------------------------------------------------
        \6\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(5) of that
    Act provided that references to the Committee on Foreign Affairs shall
    be treated as referring to the Committee on International Relations.
    ---------------------------------------------------------------------------

    SEC. 1607. REPORTING REQUIREMENT.

        (a) * * * [Repealed--2002] \7\
    ---------------------------------------------------------------------------
        \7\ Sec. 1308(g)(1)(C) of the Foreign Relations Authorization Act,
    Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1350) repealed subsec.
    (a), which read as follows:
        ``(a) Annual Report.--Beginning one year after the date of the
    enactment of this Act, and every 12 months thereafter, the President
    shall 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 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 transfer.''.

        (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 \6\ 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 respect 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) \8\ any assistance under the Foreign
                    Assistance Act of 1961 (22 U.S.C. 2151 et
                    seq.), other than urgent humanitarian
                    assistance or medicine;
    ---------------------------------------------------------------------------
        \8\ Sec. 1408(c) of Public Law 104-106 (110 Stat. 494) amended and
    restated subpara. (A), which formerly read as follows:
        ``(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;
                      (C) financing by the Commodity Credit
                    Corporation for export sales of agricultural
                    commodities; and
                      (D) financing under the Export-Import Bank
                    Act.
              * * * * * * *
    s. Chemical and Biological Weapons Control and Warfare Elimination Act
                                    of 1991

     Title III of Public Law 102-182 [H.R. 1724], 105 Stat. 1222, approved
     December 4, 1991; as amended by Public Law 107-228 [Foreign Relations
       Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350,
                          approved September 30, 2002

    AN ACT To provide for the termination of the application of title IV of
              the Trade Act of 1974 to Czechoslovakia and Hungary.

      Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
              * * * * * * *

     TITLE III--CONTROL AND ELIMINATION OF CHEMICAL AND BIOLOGICAL WEAPONS

    SEC. 301.\1\ SHORT TITLE.

      This title may be cited as the ``Chemical and Biological
    Weapons Control and Warfare Elimination Act of 1991''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 5601 note. See also title XVII of the National
    Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 50
    U.S.C. 1522-1524) relating to chemical and biological weapons defense,
    in Legislation on Foreign Relations Through 2005, vol. I-B.
    ---------------------------------------------------------------------------

    SEC. 302.\2\ PURPOSES.

      The purposes of this title are--
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 5601.
    ---------------------------------------------------------------------------
              (1) to mandate United States sanctions, and to
            encourage international sanctions, against countries
            that use chemical or biological weapons in violation of
            international law or use lethal chemical or biological
            weapons against their own nationals, and to impose
            sanctions against companies that aid in the
            proliferation of chemical and biological weapons;
              (2) to support multilaterally coordinated efforts to
            control the proliferation of chemical and biological
            weapons;
              (3) to urge continued close cooperation with the
            Australia Group and cooperation with other supplier
            nations to devise ever more effective controls on the
            transfer of materials, equipment, and technology
            applicable to chemical or biological weapons
            production; and
              (4) to require Presidential reports on efforts that
            threaten United States interests or regional stability
            by Iran, Iraq, Syria, Libya, and others to acquire the
            materials and technology to develop, produce,
            stockpile, deliver, transfer, or use chemical or
            biological weapons.

    SEC. 303.\3\ MULTILATERAL EFFORTS.

      (a) Multilateral Controls on Proliferation.--It is the policy
    of the United States to seek multilaterally coordinated efforts
    with other countries to control the proliferation of chemical
    and biological weapons. In furtherance of this policy, the
    United States shall--
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 5602.
    ---------------------------------------------------------------------------
              (1) promote agreements banning the transfer of
            missiles suitable for armament with chemical or
            biological warheads;
              (2) set as a top priority the early conclusion of a
            comprehensive global agreement banning the use,
            development, production, and stockpiling of chemical
            weapons;
              (3) seek and support effective international means of
            monitoring and reporting regularly on commerce in
            equipment, materials, and technology applicable to the
            attainment of a chemical or biological weapons
            capability; and
              (4) pursue and give full support to multilateral
            sanctions pursuant to United Nations Security Council
            Resolution 620, which declared the intention of the
            Security Council to give immediate consideration to
            imposing ``appropriate and effective'' sanctions
            against any country which uses chemical weapons in
            violation of international law.
      (b) Multilateral Controls on Chemical Agents, Precursors, and
    Equipment.--It is also the policy of the United States to
    strengthen efforts to control chemical agents, precursors, and
    equipment by taking all appropriate multilateral diplomatic
    measures--
              (1) to continue to seek a verifiable global ban on
            chemical weapons at the 40 nation Conference on
            Disarmament in Geneva;
              (2) to support the Australia Group's objective to
            support the norms and restraints against the spread and
            the use of chemical warfare, to advance the negotiation
            of a comprehensive ban on chemical warfare by taking
            appropriate measures, and to protect the Australia
            Group's domestic industries against inadvertent
            association with supply of feedstock chemical equipment
            that could be misused to produce chemical weapons;
              (3) to implement paragraph (2) by proposing steps
            complementary to, and not mutually exclusive of,
            existing multilateral efforts seeking a verifiable ban
            on chemical weapons, such as the establishment of--
                      (A) a harmonized list of export control rules
                    and regulations to prevent relative commercial
                    advantage and disadvantages accruing to
                    Australia Group members,
                      (B) liaison officers to the Australia Group's
                    coordinating entity from within the diplomatic
                    missions,
                      (C) a close working relationship between the
                    Australia Group and industry,
                      (D) a public unclassified warning list of
                    controlled chemical agents, precursors, and
                    equipment,
                      (E) information-exchange channels of
                    suspected proliferants,
                      (F) a ``denial'' list of firms and
                    individuals who violate the Australia Group's
                    export control provisions, and
                      (G) broader cooperation between the Australia
                    Group and other countries whose political
                    commitment to stem the proliferation of
                    chemical weapons is similar to that of the
                    Australia Group; and
              (4) to adopt the imposition of stricter controls on
            the export of chemical agents, precursors, and
            equipment and to adopt tougher multilateral sanctions
            against firms and individuals who violate these
            controls or against countries that use chemical
            weapons.

    SEC. 304.\4\ UNITED STATES EXPORT CONTROLS.

      (a) In General.--The President shall--
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 5603.
    ---------------------------------------------------------------------------
              (1) use the authorities of the Arms Export Control
            Act to control the export of those defense articles and
            defense services, and
              (2) use the authorities of the Export Administration
            Act of 1979 to control the export of those goods and
            technology,
    that the President determines would assist the government of
    any foreign country in acquiring the capability to develop,
    produce, stockpile, deliver, or use chemical or biological
    weapons.
      (b) \5\ Export Administration Act.-- * * *
    ---------------------------------------------------------------------------
        \5\ Subsec. (b) amended sec. 6 of the Export Administration Act of
    1979 (50 U.S.C. App. 2405); see Legislation on Foreign Relations
    Through 2005, vol. III.
    ---------------------------------------------------------------------------

    SEC. 305. SANCTIONS AGAINST CERTAIN FOREIGN PERSONS.

      (a) \6\ Amendment to Export Administration Act.-- * * *
    ---------------------------------------------------------------------------
        \6\ Subsec. (a) added a new sec. 11C to the Export Administration
    Act of 1979, relating to chemical and biological weapons proliferation
    sanctions; see Legislation on Foreign Relations Through 2005, vol. III.
    ---------------------------------------------------------------------------
      (b) \7\ Amendment to Arms Export Control Act.-- * * *
    ---------------------------------------------------------------------------
        \7\ Subsec. (b) added a new chapter 8 to the Arms Export Control
    Act; see Legislation on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------

    SEC. 306.\8\ DETERMINATIONS REGARDING USE OF CHEMICAL OR BIOLOGICAL
                        WEAPONS.

      (a) Determination by the President.--
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 5604. Executive Order 12851 of June 11, 1993 (58 F.R.
    33181; June 15, 1993) provided for the administration of proliferation
    sanctions, Middle East Arms Control, and related Congressional
    reporting requirements, including the following:
        ``Section 1. Chemical and Biological Weapons Proliferation and Use
    Sanctions. * * *
        ``(b) Chemical and Biological Weapons Use. The authority and duties
    vested in me by sections 306-308 of the Chemical and Biological Weapons
    Control and Warfare Elimination Act of 1991 (22 U.S.C. 5604-5606) are
    delegated to the Secretary of State, except that:
    ---------------------------------------------------------------------------

      ``(1) The authority and duties vested in me to restrict certain imports
    as provided in section 307(b)(2)(D), pursuant to a determination made by
    the Secretary of State under section 307(b)(1), are delegated to the
    Secretary of the Treasury.

      ``(2) The Secretary of State shall issue, transmit to the Congress, and
    notify the Secretary of the Treasury of, as appropriate, waivers based upon
    findings made pursuant to section 307(d)(1)(ii).

      ``(3) The authority and duties vested in me to prohibit certain exports
    as provided in section 307(a)(5) and section 307(b)(2)(C), pursuant to a
    determination made by the Secretary of State under section 306(a)(1) and
    section 307(b)(1), are delegated to the Secretary of Commerce.
    ---------------------------------------------------------------------------

        ``(c) Coordination Among Agencies. The Secretaries designated in
    this section shall exercise all functions delegated to them by this
    section in consultation with the Secretary of State, the Secretary of
    Defense, the Secretary of the Treasury, the Secretary of Commerce, the
    Director of the Arms Control and Disarmament Agency, and other
    departments and agencies as appropriate, utilizing the appropriate
    interagency groups prior to any determination to exercise the
    prohibition authority delegated hereby.''.
    ---------------------------------------------------------------------------
              (1) When determination required; nature of
            determination.--Whenever persuasive information becomes
            available to the executive branch indicating the
            substantial possibility that, on or after the date of
            the enactment of this title, the government of a
            foreign country has made substantial preparation to use
            or has used chemical or biological weapons, the
            President shall, within 60 days after the receipt of
            such information by the executive branch, determine
            whether that government, on or after such date of
            enactment, has used chemical or biological weapons in
            violation of international law or has used lethal
            chemical or biological weapons against its own
            nationals. Section 307 applies if the President
            determines that that government has so used chemical or
            biological weapons.
              (2) Matters to be considered.--In making the
            determination under paragraph (1), the President shall
            consider the following:
                      (A) All physical and circumstantial evidence
                    available bearing on the possible use of such
                    weapons.
                      (B) All information provided by alleged
                    victims, witnesses, and independent observers.
                      (C) The extent of the availability of the
                    weapons in question to the purported user.
                      (D) All official and unofficial statements
                    bearing on the possible use of such weapons.
                      (E) Whether, and to what extent, the
                    government in question is willing to honor a
                    request from the Secretary General of the
                    United Nations to grant timely access to a
                    United Nations fact-finding team to investigate
                    the possibility of chemical or biological
                    weapons use or to grant such access to other
                    legitimate outside parties.
              (3) Determination to be reported to congress.--Upon
            making a determination under paragraph (1), the
            President shall promptly report that determination to
            the Congress. If the determination is that a foreign
            government had used chemical or biological weapons as
            described in that paragraph, the report shall specify
            the sanctions to be imposed pursuant to section 307.
      (b) Congressional Requests; Report.--
              (1) Request.--The Chairman of the Committee on
            Foreign Relations of the Senate (upon consultation with
            the ranking minority member of such committee) or the
            Chairman of the Committee on Foreign Affairs \9\ of the
            House of Representatives (upon consultation with the
            ranking minority member of such committee) may at any
            time request the President to consider whether a
            particular foreign government, on or after the date of
            the enactment of this title, has used chemical or
            biological weapons in violation of international law or
            has used lethal chemical or biological weapons against
            its own nationals.
    ---------------------------------------------------------------------------
        \9\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
              (2) Report to congress.--Not later than 60 days after
            receiving such a request, the President shall provide
            to the Chairman of the Committee on Foreign Relations
            of the Senate and the Chairman of the Committee on
            Foreign Affairs \9\ of the House of Representatives a
            written report on the information held by the executive
            branch which is pertinent to the issue of whether the
            specified government, on or after the date of the
            enactment of this title, has used chemical or
            biological weapons in violation of international law or
            has used lethal chemical or biological weapons against
            its own nationals. This report shall contain an
            analysis of each of the items enumerated in subsection
            (a)(2).

    SEC. 307.\8\,}\10\ SANCTIONS AGAINST USE OF CHEMICAL OR
                        BIOLOGICAL WEAPONS.

      (a) Initial Sanctions.--If, at any time, the President makes
    a determination pursuant to section 306(a)(1) with respect to
    the government of a foreign country, the President shall
    forthwith impose the following sanctions:
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 5605.
    ---------------------------------------------------------------------------
              (1) Foreign assistance.--The United States Government
            shall terminate assistance to that country under the
            Foreign Assistance Act of 1961, except for urgent
            humanitarian assistance and food or other agricultural
            commodities or products.
              (2) Arms sales.--The United States Government shall
            terminate--
                      (A) sales to that country under the Arms
                    Export Control Act of any defense articles,
                    defense services, or design and construction
                    services, and
                      (B) licenses for the export to that country
                    of any item on the United States Munitions
                    List.
              (3) Arms sales financing.--The United States
            Government shall terminate all foreign military
            financing for that country under the Arms Export
            Control Act.
              (4) Denial of united states government credit or
            other financial assistance.--The United States
            Government shall deny to that country any credit,
            credit guarantees, or other financial assistance by any
            department, agency, or instrumentality of the United
            States Government, including the Export-Import Bank of
            the United States.
              (5) Exports of national security-sensitive goods and
            technology.--The authorities of section 6 of the Export
            Administration Act of 1979 (50 U.S.C. 2405) shall be
            used to prohibit the export to that country of any
            goods or technology on that part of the control list
            established under section 5(c)(1) of that Act (22
            U.S.C. 2404(c)(1)).
      (b) Additional Sanctions if Certain Conditions Not Met.--
              (1) Presidential determination.--Unless, within 3
            months after making a determination pursuant to section
            306(a)(1) with respect to a foreign government, the
            President determines and certifies in writing to the
            Congress that--
                      (A) that government is no longer using
                    chemical or biological weapons in violation of
                    international law or using lethal chemical or
                    biological weapons against its own nationals,
                      (B) that government has provided reliable
                    assurances that it will not in the future
                    engage in any such activities, and
                      (C) that government is willing to allow on-
                    site inspections by United Nations observers or
                    other internationally recognized, impartial
                    observers, or other reliable means exist, to
                    ensure that that government is not using
                    chemical or biological weapons in violation of
                    international law and is not using lethal
                    chemical or biological weapons against its own
                    nationals,
            then the President, after consultation with the
            Congress, shall impose on that country the sanctions
            set forth in at least 3 of subparagraphs (A) through
            (F) of paragraph (2).
              (2) Sanctions.--The sanctions referred to in
            paragraph (1) are the following:
                      (A) Multilateral development bank
                    assistance.--The United States Government shall
                    oppose, in accordance with section 701 of the
                    International Financial Institutions Act (22
                    U.S.C. 262d), the extension of any loan or
                    financial or technical assistance to that
                    country by international financial
                    institutions.
                      (B) Bank loans.--The United States Government
                    shall prohibit any United States bank from
                    making any loan or providing any credit to the
                    government of that country, except for loans or
                    credits for the purpose of purchasing food or
                    other agricultural commodities or products.
                      (C) Further export restrictions.--The
                    authorities of section 6 of the Export
                    Administration Act of 1979 shall be used to
                    prohibit exports to that country of all other
                    goods and technology (excluding food and other
                    agricultural commodities and products).
                      (D) Import restrictions.--Restrictions shall
                    be imposed on the importation into the United
                    States of articles (which may include petroleum
                    or any petroleum product) that are the growth,
                    product, or manufacture of that country.
                      (E) Diplomatic relations.--The President
                    shall use his constitutional authorities to
                    downgrade or suspend diplomatic relations
                    between the United States and the government of
                    that country.
                      (F) Presidential action regarding aviation.--
                    (i)(I) The President is authorized to notify
                    the government of a country with respect to
                    which the President has made a determination
                    pursuant to section 306(a)(1) of his intention
                    to suspend the authority of foreign air
                    carriers owned or controlled by the government
                    of that country to engage in foreign air
                    transportation to or from the United States.
                      (II) Within 10 days after the date of
                    notification of a government under subclause
                    (I), the Secretary of Transportation shall take
                    all steps necessary to suspend at the earliest
                    possible date the authority of any foreign air
                    carrier owned or controlled, directly or
                    indirectly, by that government to engage in
                    foreign air transportation to or from the
                    United States, notwithstanding any agreement
                    relating to air services.
                      (ii)(I) The President may direct the
                    Secretary of State to terminate any air service
                    agreement between the United States and a
                    country with respect to which the President has
                    made a determination pursuant to section
                    306(a)(1), in accordance with the provisions of
                    that agreement.
                      (II) Upon termination of an agreement under
                    this clause, the Secretary of Transportation
                    shall take such steps as may be necessary to
                    revoke at the earliest possible date the right
                    of any foreign air carrier owned, or
                    controlled, directly or indirectly, by the
                    government of that country to engage in foreign
                    air transportation to or from the United
                    States.
                      (iii) The Secretary of Transportation may
                    provide for such exceptions from clauses (i)
                    and (ii) as the Secretary considers necessary
                    to provide for emergencies in which the safety
                    of an aircraft or its crew or passengers is
                    threatened.
                      (iv) For purposes of this subparagraph, the
                    terms ``air transportation'', ``air carrier'',
                    ``foreign air carrier'', and ``foreign air
                    transportation'' have the meanings such terms
                    have under section 101 of the Federal Aviation
                    Act of 1958 (49 U.S.C. App. 1301).
      (c) Removal of Sanctions.--The President shall remove the
    sanctions imposed with respect to a country pursuant to this
    section if the President determines and so certifies to the
    Congress, after the end of the 12-month period beginning on the
    date on which sanctions were initially imposed on that country
    pursuant to subsection (a), that--
              (1) the government of that country has provided
            reliable assurances that it will not use chemical or
            biological weapons in violation of international law
            and will not use lethal chemical or biological weapons
            against its own nationals;
              (2) that government is not making preparations to use
            chemical or biological weapons in violation of
            international law or to use lethal chemical or
            biological weapons against its own nationals;
              (3) that government is willing to allow on-site
            inspections by United Nations observers or other
            internationally recognized, impartial observers to
            verify that it is not making preparations to use
            chemical or biological weapons in violation of
            international law or to use lethal chemical or
            biological weapons against its own nationals, or other
            reliable means exist to verify that it is not making
            such preparations; and
              (4) that government is making restitution to those
            affected by any use of chemical or biological weapons
            in violation of international law or by any use of
            lethal chemical or biological weapons against its own
            nationals.
      (d) Waiver.--
              (1) Criteria for waiver.--The President may waive the
            application of any sanction imposed with respect to a
            country pursuant to this section--
                      (A) if--
                              (i) in the case of any sanction other
                            than a sanction specified in subsection
                            (b)(2)(D) (relating to import
                            restrictions) or (b)(2)(E) (relating to
                            the downgrading or suspension of
                            diplomatic relations), the President
                            determines and certifies to the
                            Congress that such waiver is essential
                            to the national security interests of
                            the United States, and if the President
                            notifies the Committee on Foreign
                            Relations of the Senate and the
                            Committee on Foreign Affairs \10\ of
                            the House of Representatives of his
                            determination and certification at
                            least 15 days before the waiver takes
                            effect, in accordance with the
                            procedures applicable to reprogramming
                            notifications under section 634A of the
                            Foreign Assistance Act of 1961, or
                              (ii) in the case of any sanction
                            specified in subsection (b)(2)(D)
                            (relating to import restrictions), the
                            President determines and certifies to
                            the Congress that such waiver is
                            essential to the national security
                            interest of the United States, and if
                            the President notifies the Committee on
                            Finance of the Senate and the Committee
                            on Ways and Means of the House of
                            Representatives of his determination
                            and certification at least 15 days
                            before the waiver takes effect; or
                      (B) if the President determines and certifies
                    to the Congress that there has been a
                    fundamental change in the leadership and
                    policies of the government of that country, and
                    if the President notifies the Congress at least
                    20 days before the waiver takes effect.
              (2) Report.--In the event that the President decides
            to exercise the waiver authority provided in paragraph
            (1) with respect to a country, the President's
            notification to the Congress under such paragraph shall
            include a report fully articulating the rationale and
            circumstances which led the President to exercise that
            waiver authority, including a description of the steps
            which the government of that country has taken to
            satisfy the conditions set forth in paragraphs (1)
            through (4) of subsection (c).
      (e) Contract Sanctity.--
              (1) Sanctions not applied to existing contracts.--(A)
            A sanction described in paragraph (4) or (5) of
            subsection (a) or in any of subparagraphs (A) through
            (D) of subsection (b)(2) shall not apply to any
            activity pursuant to any contract or international
            agreement entered into before the date of the
            presidential determination under section 306(a)(1)
            unless the President determines, on a case-by-case
            basis, that to apply such sanction to that activity
            would prevent the performance of a contract or
            agreement that would have the effect of assisting a
            country in using chemical or biological weapons in
            violation of international law or in using lethal
            chemical or biological weapons against its own
            nationals.
              (B) The same restrictions of subsection (p) of
            section 6 of the Export Administration Act of 1979 (50
            U.S.C. App. 2405), as that subsection is so
            redesignated by section 304(b) of this title, which are
            applicable to exports prohibited under section 6 of
            that Act shall apply to exports prohibited under
            subsection (a)(5) or (b)(2)(C) of this section. For
            purposes of this subparagraph, any contract or
            agreement the performance of which (as determined by
            the President) would have the effect of assisting a
            foreign government in using chemical or biological
            weapons in violation of international law or in using
            lethal chemical or biological weapons against its own
            nationals shall be treated as constituting a breach of
            the peace that poses a serious and direct threat to the
            strategic interest of the United States, within the
            meaning of subparagraph (A) of section 6(p) of that
            Act.
              (2) Sanctions applied to existing contracts.--The
            sanctions described in paragraphs (1), (2), and (3) of
            subsection (a) shall apply to contracts, agreements,
            and licenses without regard to the date the contract or
            agreement was entered into or the license was issued
            (as the case may be), except that such sanctions shall
            not apply to any contract or agreement entered into or
            license issued before the date of the presidential
            determination under section 306(a)(1) if the President
            determines that the application of such sanction would
            be detrimental to the national security interests of
            the United States.

    SEC. 308. * * * [REPEALED--2002] \11\

    SEC. 309. REPEAL OF DUPLICATIVE PROVISIONS.

      (a) Repeal.--Title V of the Foreign Relations Authorization
    Act, Fiscal Years 1992 and 1993 (Public Law 102-138), and the
    amendments made by that title, are repealed.
    ---------------------------------------------------------------------------
        \11\ Formerly at 22 U.S.C. 5606. Sec. 1308(g)(1)(B) of the Foreign
    Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 116
    Stat. 1441) repealed sec. 308, which read as follows:
    ---------------------------------------------------------------------------

    ``sec. 308. presidential reporting requirements.
    ---------------------------------------------------------------------------

        ``(a) Reports to Congress.--Not later than 90 days after the date
    of the enactment of this title, and every 12 months thereafter, the
    President shall transmit to the Congress a report which shall include--
    ---------------------------------------------------------------------------

      ``(1) a description of the actions taken to carry out this title,
    including the amendments made by this title;

      ``(2) a description of the current efforts of foreign countries and
    subnational groups to acquire equipment, materials, or technology to
    develop, produce, or use chemical or biological weapons, together with an
    assessment of the current and likely future capabilities of such countries
    and groups to develop, produce, stockpile, deliver, transfer, or use such
    weapons;

      ``(3) a description of--

      ``(A) the use of chemical weapons by foreign countries in violation of
    international law,

      ``(B) the use of chemical weapons by subnational groups,

      ``(C) substantial preparations by foreign countries and subnational
    groups to do so, and

      ``(D) the development, production, stockpiling, or use of biological
    weapons by foreign countries and subnational groups; and

      ``(4) a description of the extent to which foreign persons or governments
    have knowingly and materially assisted third countries or subnational
    groups to acquire equipment, material, or technology intended to develop,
    produce, or use chemical or biological weapons.
    ---------------------------------------------------------------------------

        ``(b) Protection of Classified Information.--To the extent
    practicable, reports submitted under subsection (a) or any other
    provision of this title should be based on unclassified information.
    Portions of such reports may be classified.''.
    ---------------------------------------------------------------------------
      (b) References to Date of Enactment.--The reference--
              (1) in section 11C(a)(1) of the Export Administration
            Act of 1979, as added by section 305(a) of this Act, to
            the ``date of the enactment of this section'',
              (2) in section 81(a)(1) of the Arms Export Control
            Act, as added by section 305(b) of this Act, to the
            ``date of the enactment of this section'', and
              (3) in section 306(a)(1) of this Act to the ``date of
            the enactment of this title'', shall be deemed to refer
            to the date of the enactment of the Foreign Relations
            Authorization Act, Fiscal Years 1992 and 1993 (Public
            Law 102-138).\12\
    ---------------------------------------------------------------------------
        \12\ Enacted October 28, 1991.
      t. Executive Orders Concerning Nonproliferation of Weapons of Mass
                                  Destruction

    (1) Renunciation of Certain Uses in War of Chemical Herbicides and Riot
                               Control Agents \1\

      Executive Order 11850, April 8, 1975, 40 F.R. 16187, 50 U.S.C. 1511
                                      note

        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:
    ---------------------------------------------------------------------------
        \1\ See also texts of the Geneva Protocol of 1925 and the
    Biological Weapons Convention, Legislation on Foreign Relations Through
    2005, vol. V, sec. F.
    ---------------------------------------------------------------------------
              (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.

        (2) Administration of Proliferation Sanctions, Middle East Arms
           Control, and Related Congressional Reporting Requirements

      Executive Order 12851, June 11, 1993, 58 F.R. 33181, 22 U.S.C. 2797
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including section 301 of title 3, United States Code; sections
    1701-1703 of the National Defense Authorization Act for Fiscal
    Year 1991, Public Law 101-510 (50 U.S.C. App. 2402 note, 2405,
    2410b; 22 U.S.C. 2797-2797c); sections 303, 324, and 401-405 of
    the Foreign Relations Authorization Act, Fiscal Years 1992 and
    1993, Public Law 102-138; sections 305-308 of the Chemical and
    Biological Weapons Control and Warfare Elimination Act of 1991,
    Public Law 102-182 (50 U.S.C. App. 2410c; 22 U.S.C. 2798, 5604-
    5606); sections 241 and 1097 of the National Defense
    Authorization Act for Fiscal Years 1992 and 1993, Public Law
    102-190; and section 1364 of the National Defense Authorization
    Act for Fiscal Year 1993, Public Law 102-484, I hereby order as
    follows:
        Section 1. Chemical and Biological Weapons Proliferation
    and Use Sanctions. (a) Chemical and Biological Weapons
    Proliferation. The authority and duties vested in me by section
    81 of the Arms Export Control Act, as amended (``AECA'') (22
    U.S.C. 2798), and section 11C of the Export Administration Act
    of 1979, as amended (``EAA'') (50 U.S.C. App. 2410c), are
    delegated to the Secretary of State, except that:
              (1) The authority and duties vested in me to deny
            certain United States Government contracts, as provided
            in section 81(c)(1)(A) of the AECA and section
            11C(c)(1)(A) of the EAA, pursuant to a determination
            made by the Secretary of State under section 81(a)(1)
            of the AECA or section 11C(a)(1) of the EAA, as well as
            the authority and duties vested in me to make the
            determinations provided for in section 81(c)(2) of the
            AECA and section 11C(c)(2) of the EAA are delegated to
            the Secretary of Defense. The Secretary of Defense
            shall notify the Secretary of the Treasury of
            determinations made pursuant to section 81(c)(2) of the
            AECA and section 11(c)(2) of the EAA).
              (2) The authority and duties vested in me to prohibit
            certain imports as provided in section 81(c)(1)(B) of
            the AECA and section 11C(c)(1)(B) of the EAA, pursuant
            to a determination made by the Secretary of State under
            section 81(a)(1) of the AECA or section 11C(a)(1) of
            the EAA, and the obligation to implement the exceptions
            provided in section 81(c)(2) of the AECA and section
            11C(c)(2) of the EAA, insofar as the exceptions affect
            imports of goods into the United States, are delegated
            to the Secretary of the Treasury.
        (b) Chemical and Biological Weapons Use. The authority and
    duties vested in me by sections 306-308 of the Chemical and
    Biological Weapons Control and Warfare Elimination Act of 1991
    (22 U.S.C. 5604-5606) are delegated to the Secretary of State,
    except that:
              (1) The authority and duties vested in me to restrict
            certain imports as provided in section 307(b)(2)(D),
            pursuant to a determination made by the Secretary of
            States under section 307(b)(1), are delegated to the
            Secretary of the Treasury.
              (2) The Secretary of State shall issue, transmit to
            the Congress, and notify the Secretary of the Treasury
            of, as appropriate, waivers based upon findings made
            pursuant to section 307(d)(1)(A)(ii).
              (3) The authority and duties vested in me to prohibit
            certain exports as provided in section 307(a)(5) and
            section 307(b)(2)(C), pursuant to a determination made
            by the Secretary of State under section 306(a)(1) and
            section 307(b)(1), are delegated to the Secretary of
            Commerce.
        (c) Coordination Among Agencies. The Secretaries designated
    in this section shall exercise all functions delegated to them
    by this section in consultation with the Secretary of State,
    the Secretary of Defense, the Secretary of the Treasury, the
    Secretary of Commerce, the Director of the Arms Control and
    Disarmament Agency, and other departments and agencies as
    appropriate, utilizing the appropriate interagency groups prior
    to any determination to exercise the prohibition authority
    delegated hereby.
        Sec. 2. Missile Proliferation Sanctions. (a) Arms Export
    Control Act. The authority and duties vested in me by sections
    72-73 of the AECA (22 U.S.C. 2797a-2797b) are delegated to the
    Secretary of State, except that:
              (1) The authority and duties vested in me by section
            72(a)(1) to make determinations with respect to
            violations by United States persons of the EAA are
            delegated to the Secretary of Commerce.
              (2) The authority and duties vested in me to deny
            certain United States Government contracts as provided
            in sections 73(a)(2)(A)(i) and 73(a)(2)(B)(i), pursuant
            to a determination made by the Secretary of State under
            section 73(a)(1), as well as the authority and duties
            vested in me to make the finding provided in sections
            72(c), 73(f), and 73(g)(1), are delegated to the
            Secretary of Defense. The Secretary of State shall
            issue, transmit to the Congress, and notify the
            Secretary of the Treasury of, as appropriate, any
            waivers based upon findings made pursuant to sections
            72(c) and 73(f).
              (3) The authority and duties vested in me to prohibit
            certain imports as provided in section 73(a)(2)(C),
            pursuant to a determination made by the Secretary of
            State under that section, and the obligation to
            implement the exceptions provided in section 73(g), are
            delegated to the Secretary of the Treasury.
        (b) Export Administration Act. The authority and duties
    vested in me by section 11B of the EAA (50 U.S.C. App. 2410b)
    are delegated to the Secretary of Commerce, except that:
              (1) The authority and duties vested in me by sections
            11B(a)(1)(A) (insofar as such section authorizes
            determinations with respect to violations by United
            States persons of the AECA), 11B(b)(1) (insofar as such
            section authorizes determinations regarding activities
            by foreign persons), and 11B(b)(5) are delegated to the
            Secretary of State.
              (2) The authority and duties vested in me to make the
            findings provided in sections 11B(a)(3), 11B(b)(6), and
            11B(b)(7)(A) are delegated to the Secretary of Defense.
            The Secretary of Commerce shall issue, transmit to the
            Congress, and notify the Secretary of the Treasury of,
            as appropriate, waivers based upon findings made
            pursuant to section 11B(a)(3). The Secretary of State
            shall issue, transmit to the Congress, and notify the
            Secretary of the Treasury of, as appropriate, waivers
            based upon findings made pursuant to section 11B(b)(6).
              (3) The authority and duties vested in me to prohibit
            certain imports as provided in section 11B(b)(1),
            pursuant to a determination by the Secretary of State
            under that section, and the obligation to implement the
            exceptions provided in section 11B(b)(7), are delegated
            to the Secretary of the Treasury.
        (c) Reporting Requirements. The authority and duties vested
    in me to make certain reports to the Congress as provided in
    section 1097 of the National Defense Authorization Act for
    Fiscal Years 1992 and 1993 and section 1364 of the National
    Defense Authorization Act for Fiscal Year 1993 are delegated to
    the Secretary of State.
        (d) Coordination Among Agencies. The Secretaries designated
    in this section shall exercise all functions delegated to them
    by this section in consultation with the Secretary of State,
    the Secretary of Defense, the Secretary of the Treasury, the
    Secretary of Commerce, the Director of the Arms Control and
    Disarmament Agency, and other departments and agencies as
    appropriate, utilizing the appropriate interagency groups prior
    to any determination to exercise the prohibition authority
    delegated hereby.
        Sec. 3. Arms Control in the Middle East. The certification
    and reporting functions vested in me by sections 403 and 404 of
    the Foreign Relations Authorization Act, Fiscal Years 1992 and
    1993, are delegated to the Secretary of State. The Secretary of
    State shall exercise these functions in consultation with the
    Secretary of Defense and other agencies as appropriate.
        Sec. 4. China and Weapons Proliferation. The reporting
    functions regarding China and weapons proliferation vested in
    me by sections 303(a)(2) and 324 of the Foreign Relations
    Authorization Act, Fiscal Years 1992 and 1993, are delegated to
    the Secretary of State. The Secretary of State shall exercise
    these functions in consultation with the Secretary of Defense
    and other agencies as appropriate.
        Sec. 5. Arrow Tactical Anti-Missile Program. The authority
    and duties vested in me to make certain certifications as
    provided by section 241(b)(3)(C) of the National Defense
    Authorization Act for Fiscal Years 1992 and 1993 are delegated
    to the Secretary of State.
        Sec. 6. Delegations.\1\ The functions delegated herein may
    be redelegated as appropriate. Regulations necessary to carry
    out the functions delegated herein may be issued as
    appropriate.
    ---------------------------------------------------------------------------
        \1\ Invoking his powers pursuant to the International Emergency
    Economic Powers Act, the President issued Executive Order 13222 (66
    F.R. 44025; August 22, 2001) on August 17, 2001, in response to the
    imminent expiration of the Export Administration Act of 1979 on August
    20, 2001. In Executive Order 13222, the President ordered that the
    provisions of the Act and its administration, and all regulations
    issued to carry out the provisions of the Act, should continue in full
    force and effect to the extent permitted by law. Executive Order 13222
    incorporated the delegations of authority in Executive Order 12851,
    among others, into Executive Order 13222, and applied such delegations
    to the exercise of authority under Executive Order 13222.
    ---------------------------------------------------------------------------
        Sec. 7. Priority. This order supercedes the Memorandum of
    the President, ``Delegation of Authority Regarding Missile
    Technology Proliferation,'' June 25, 1991. To the extent that
    this order is inconsistent with any provisions of any prior
    Executive order or Presidential memorandum, this order shall
    control.
                (3) Proliferation of Weapons of Mass Destruction

    Executive Order 12938, November 14, 1994, 59 F.R. 59099, 50 U.S.C. 1701
       note; as amended by Executive Order 13094, July 28, 1998, 63 F.R.
        40803; Executive Order 13128, June 25, 1999, 64 F.R. 34701; and
              Executive Order 13382, June 28, 2005, 70 F.R. 38567

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the International Emergency Economic Powers Act (50
    U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C.
    1601 et seq.), the Arms Export Control Act, as amended (22
    U.S.C. 2751 et seq.), Executive Orders Nos. 12851 and 12924,
    and section 301 of title 3, United States Code,
        I, WILLIAM J. CLINTON, President of the United States of
    America, find that the proliferation of nuclear, biological,
    and chemical weapons (``weapons of mass destruction'') and of
    the means of delivering such weapons, constitutes an unusual
    and extraordinary threat to the national security, foreign
    policy, and economy of the United States, and hereby declare a
    national emergency to deal with that threat.\1\
    ---------------------------------------------------------------------------
        \1\ The President continued this national emergency in a notice of
    November 8, 1995 (60 F.R. 57137; November 13, 1995); a notice of
    November 12, 1996 (61 F.R. 58309; November 13, 1996); a notice of
    November 12, 1997 (62 F.R. 60993; November 13, 1997); a notice of
    November 12, 1998 (63 F.R. 63589; November 13, 1998); a notice of
    November 10, 1999 (64 F.R. 61767; November 12, 1999); a notice of
    November 9, 2000 (65 F.R. 68063; November 13, 2000); a notice of
    November 9, 2001 (66 F.R. 56965; November 13, 2001); a notice of
    November 6, 2002 (67 F.R. 68493; November 12, 2002); a notice of
    October 29, 2003 (68 F.R. 62209; October 31, 2003); a notice of
    November 4, 2004 (69 F.R. 64637; November 8, 2004); and a notice of
    October 25, 2005 (70 F.R. 62027; October 27, 2005).
        Consistent with sec. 204(c) of the International Emergency Economic
    Powers Act (Public Law 95-223; 91 Stat. 1627; 50 U.S.C. 1703(c)) and
    sec. 401(c) of the National Emergencies Act (Public Law 94-412; 90
    Stat. 1257; 50 U.S.C. 1641(c)), the President presents a semi-annual
    report to Congress concerning this national emergency. In sec. 1(a)(14)
    of Executive Order 13313 of July 31, 2003 (68 F.R. 46073; August 5,
    2003), the President assigned this reporting duty to the Secretary of
    State.
    ---------------------------------------------------------------------------
        Accordingly, I hereby order:
        Section 1. International Negotiations. It is the policy of
    the United States to lead and seek multilaterally coordinated
    efforts with other countries to control the proliferation of
    weapons of mass destruction and the means of delivering such
    weapons. Accordingly, the Secretary of State shall cooperate in
    and lead multilateral efforts to stop the proliferation of
    weapons of mass destruction and their means of delivery.
        Sec. 2. Imposition of Controls. As provided herein, the
    Secretary of State and the Secretary of Commerce shall use
    their respective authorities, including the Arms Export Control
    Act and the International Emergency Economic Powers Act, to
    control any exports, to the extent they are not already
    controlled by the Department of Energy and the Nuclear
    Regulatory Commission, that either Secretary determines would
    assist a country in acquiring the capability to develop,
    produce, stockpile, deliver, or use weapons of mass destruction
    or their means of delivery. The Secretary of State shall pursue
    early negotiations with foreign governments to adopt effective
    measures comparable to those imposed under this order.
        Sec. 3. Department of Commerce Controls. (a) The Secretary
    of Commerce shall prohibit the export of any goods, technology,
    or services subject to the Secretary's export jurisdiction that
    the Secretary of Commerce determines, in consultation with the
    Secretary of State, the Secretary of Defense, and other
    appropriate officials, would assist a foreign country in
    acquiring the capability to develop, produce, stockpile,
    deliver, or use weapons of mass destruction or their means of
    delivery. The Secretary of State shall pursue early
    negotiations with foreign governments to adopt effective
    measures comparable to those imposed under this section.
        (b) Subsection (a) of this section will not apply to
    exports relating to a particular category of weapons of mass
    destruction (i.e., nuclear, chemical, or biological weapons) if
    their destination is a country with whose government the United
    States has entered into a bilateral or multilateral arrangement
    for the control of that category of weapons of mass
    destruction-related goods (including delivery systems) and
    technology, or maintains domestic export controls comparable to
    controls that are imposed by the United States with respect to
    that category of goods and technology, or that are otherwise
    deemed adequate by the Secretary of State.
        (c) The Secretary of Commerce shall require validated
    licenses to implement this order and shall coordinate any
    license applications with the Secretary of State and the
    Secretary of Defense.
        (d) The Secretary of Commerce, in consultation with the
    Secretary of State, shall take such actions, including the
    promulgation of rules, regulations, and amendments thereto, as
    may be necessary to continue to regulate the activities of
    United States persons in order to prevent their participation
    in activities that could contribute to the proliferation of
    weapons of mass destruction or their means of delivery, as
    provided in the Export Administration Regulations, set forth in
    Title 15, Chapter VII, Subchapter C, of the Code of Federal
    Regulations, Parts 768 to 799 inclusive.
        (e) \2\ The Secretary of Commerce shall impose and enforce
    such restrictions on the importation of chemicals into the
    United States as may be necessary to carry out the requirements
    of the Convention on the Prohibition of the Development,
    Production, Stockpiling and Use of Chemical Weapons and on
    Their Destruction.
    ---------------------------------------------------------------------------
        \2\ Sec. 8 of Executive Order 13128 (64 F.R. 34704; June 28, 1999)
    added subsec. (e).
    ---------------------------------------------------------------------------
        Sec. 4.\3\ Measures Against Foreign Persons.
    ---------------------------------------------------------------------------
        \3\ Sec. 1(a) of Executive Order 13094 (63 F.R. 40803; July 30,
    1998) amended and restated sec. 4. It previously read as follows:
        ``Sec. 4. Sanctions Against Foreign Persons. (a) In addition to the
    sanctions imposed on foreign persons as provided in the National
    Defense Authorization Act for Fiscal Year 1991 and the Chemical and
    Biological Weapons Control and Warfare Elimination Act of 1991,
    sanctions also shall be imposed on a foreign person with respect to
    chemical and biological weapons proliferation if the Secretary of State
    determines that the foreign person on or after the effective date of
    this order or its predecessor, Executive Order No. 12735 of November
    16, 1990, knowingly and materially contributed to the efforts of any
    foreign country, project, or entity to use, develop, produce,
    stockpile, or otherwise acquire chemical or biological weapons.
        ``(b) No department or agency of the United States Government may
    procure, or enter into any contract for the procurement of, any goods
    or services from any foreign person described in subsection (a) of this
    section. The Secretary of the Treasury shall prohibit the importation
    into the United States of products produced by that foreign person.
        ``(c) Sanctions pursuant to this section may be terminated or not
    imposed against foreign persons if the Secretary of States determines
    that there is reliable evidence that the foreign person concerned has
    ceased all activities referred to in subsection (a).
        ``(d) The Secretary of State and the Secretary of the Treasury may
    provide appropriate exemptions for procurement contracts necessary to
    meet U.S. operational military requirements or requirements under
    defense production agreements, sole source suppliers, spare parts,
    components, routine servicing and maintenance of products, and medical
    and humanitarian items. They may provide exemptions for contracts in
    existence on the date of this order under appropriate circumstances.''.
        Sec. 4 of Executive Order 13382 (70 F.R. 38567; July 1, 2005)
    subsequently amended and restated the catchline of sec. 4 and the text
    of sec. 4(a). It previously read as follows:
        ``Sec. 4. Measures Against Foreign Persons.
        ``(a) Determination by Secretary of State; Imposition of Measures.
    Except to the extent provided in section 203(b) of the International
    Emergency Economic Powers Act (50 U.S.C. 1702(b)), where applicable, if
    the Secretary of State determines that a foreign person, on or after
    November 16, 1990, the effective date of executive Order 12735, the
    predecessor order to Executive Order 12938, has materially contributed
    or attempted to contribute materially to the efforts of any foreign
    country, project, or entity of proliferation concern to use, acquire,
    design, develop, produce, or stockpile weapons of mass destruction or
    missiles capable of delivering such weapons, the measures set forth in
    subsections (b), (c), and (d) of this section shall be imposed on that
    foreign person to the extent determined by the Secretary of State in
    consultation with the implementing agency and other relevant agencies.
    Nothing in this section is intended to preclude the imposition on that
    foreign person of other measures or sanctions available under this
    order or under other authorities.''.
    ---------------------------------------------------------------------------
        (a) \3\ Determination by Secretary of State; Imposition of
    Measures. Except to the extent provided in section 203(b) of
    the International Emergency Economic Powers Act (50 U.S.C.
    1702(b)), where applicable, if the Secretary of State, in
    consultation with the Secretary of the Treasury, determines
    that a foreign person, on or after November 16, 1990, the
    effective date of Executive Order 12735, the predecessor order
    to Executive Order 12938, has engaged, or attempted to engage,
    in activities or transactions that have materially contributed
    to, or pose a risk of materially contributing to, the
    proliferation of weapons of mass destruction or their means of
    delivery (including missiles capable of delivering such
    weapons), including any efforts to manufacture, acquire,
    possess, develop, transport, transfer, or use such items, by
    any person or foreign country of proliferation concern, the
    measures set forth in subsections (b), (c), and (d) of this
    section shall be imposed on that foreign person to the extent
    determined by the Secretary of State, in consultation with the
    implementing agency and other relevant agencies. Nothing in
    this section is intended to preclude the imposition on that
    foreign person of other measures or sanctions available under
    this order or under other authorities.
        (b) Procurement Ban. No department or agency of the United
    States Government may procure, or enter into any contract for
    the procurement of, any goods, technology, or services from any
    foreign person described in subsection (a) of this section.
        (c) Assistance Ban. No department or agency of the United
    States Government may provide any assistance to any foreign
    person described in subsection (a) of this section, and no such
    foreign person shall be eligible to participate in any
    assistance program of the United States Government.
        (d) Import Ban. The Secretary of the Treasury shall
    prohibit the importation into the United States of goods,
    technology, or services produced or provided by any foreign
    person described in subsection (a) of this section, other than
    information or informational materials within the meaning of
    section 203(b)(3) of the International Emergency Economic
    Powers Act (50 U.S.C. 1702(b)(3)).
        (e) Termination. Measures pursuant to this section may be
    terminated against a foreign person if the Secretary of State
    determines that there is reliable evidence that such foreign
    person has ceased all activities referred to in subsection (a)
    of this section.
        (f) Exceptions. Departments and agencies of the United
    States Government, acting in consultation with the Secretary of
    State, may, by license, regulation, order, directive,
    exception, or otherwise, provide for:
              (i) Procurement contracts necessary to meet U.S.
            operational military requirements of requirements under
            defense production agreements; intelligence
            requirements; sole source suppliers, spare parts,
            components, routine servicing and maintenance of
            products for the United States Government; and medical
            and humanitarian items; and
              (ii) Performance pursuant to contracts in force on
            the effective date of this order under appropriate
            circumstances.
        Sec. 5. Sanctions Against Foreign Countries. (a) In
    addition to the sanctions imposed on foreign countries as
    provided in the Chemical and Biological Weapons Control and
    Warfare Elimination Act of 1991, sanctions also shall be
    imposed on a foreign country as specified in subsection (b) of
    this section, if the Secretary of State determines that the
    foreign country has, on or after the effective date of this
    order or its predecessor, Executive Order No. 12735 of November
    16, 1990, (1) used chemical or biological weapons in violation
    of international law; (2) made substantial preparations to use
    chemical or biological weapons in violation of international
    law; or (3) developed, produced, stockpiled, or otherwise
    acquired chemical or biological weapons in violation of
    international law.
        (b) The following sanctions shall be imposed on any foreign
    country identified in subsection (a)(1) of this section unless
    the Secretary of State determines, on grounds of significant
    foreign policy or national security, that any individual
    sanction should not be applied. The sanctions specified in this
    section may be made applicable to the countries identified in
    subsections (a)(2) or (a)(3) when the Secretary of State
    determines that such action will further the objectives of this
    order pertaining to proliferation. The sanctions specified in
    subsection (b)(2) below shall be imposed with the concurrence
    of the Secretary of the Treasury.
              (1) Foreign Assistance. No assistance shall be
            provided to that country under the Foreign Assistance
            Act of 1961, or any successor act, or the Arms Export
            Control Act, other than assistance that is intended to
            benefit the people of that country directly and that is
            not channeled through governmental agencies or entities
            of that country.
              (2) Multilateral Development Bank Assistance. The
            United States shall oppose any loan or financial or
            technical assistance to that country by international
            financial institutions in accordance with section 701
            of the International Financial Institutions Act (22
            U.S.C. 262d).
              (3) Denial of Credit or Other Financial Assistance.
            The United States shall deny to that country any credit
            or financial assistance by any department, agency, or
            instrumentality of the United States Government.
              (4) Prohibition of Arms Sales. The United States
            Government shall not, under the Arms Export Control
            Act, sell to that country any defense articles or
            defense services or issue any license for the export of
            items on the United States Munitions List.
              (5) Export of National Security-Sensitive Goods and
            Technology. No exports shall be permitted of any goods
            or technologies controlled for national security
            reasons under the Export Administration Regulations.
              (6) Further Export Restrictions. The Secretary of
            Commerce shall prohibit or otherwise substantially
            restrict exports to that country of goods, technology,
            and services (excluding agricultural commodities and
            products otherwise subject to control).
              (7) Import Restrictions. Restrictions shall be
            imposed on the importation into the United States of
            articles (that may include petroleum or any petroleum
            product) that are the growth, product, or manufacture
            of that country.
              (8) Landing Rights. At the earliest practicable date,
            the Secretary of State shall terminate, in a manner
            consistent with international law, the authority of any
            air carrier that is controlled in fact by the
            government of that country to engage in air
            transportation (as defined in section 101(10) of the
            Federal Aviation Act of 1958 (49 U.S.C. App. 1301(10)).
        Sec. 6. Duration. Any sanctions imposed pursuant to
    sections 4 or 5 of this order shall remain in force until the
    Secretary of State determines that lifting any sanction is in
    the foreign policy or national security interests of the United
    States or, as to sanctions under section 4 of this order, until
    the Secretary has made the determination under section 4(e).\4\
    ---------------------------------------------------------------------------
        \4\ Sec. 1(b) of Executive Order 13094 (63 F.R. 40804; July 30,
    1998) struck out ``4(c)'' and inserted in lieu thereof ``4(e)''.
    ---------------------------------------------------------------------------
        Sec. 7. Implementation. The Secretary of State, the
    Secretary of the Treasury, and the Secretary of Commerce are
    hereby authorized and directed to take such actions, including
    the promulgation of rules and regulations, as may be necessary
    to carry out the purposes of this order. These actions, and in
    particular those in sections 4 and 5 of this order, shall be
    made in consultation with the Secretary of Defense and, as
    appropriate, other agency heads and shall be implemented in
    accordance with procedures established pursuant to Executive
    Order No. 12851. The Secretary concerned may redelegate any of
    these functions to other officers in agencies of the Federal
    Government. All heads of departments and agencies of the United
    States Government are directed to take all appropriate measures
    within their authority to carry out the provisions of this
    order, including the suspension or termination of licenses or
    other authorizations.
        Sec. 8. Preservation of Authorities. Nothing in this order
    is intended to affect the continued effectiveness of any rules,
    regulations, orders licenses, or other forms of administrative
    action issued, taken, or continued in effect heretofore or
    hereafter under the authority of the International Emergency
    Economic Powers Act, the Export Administration Act, the Arms
    Export Control Act, the Nuclear Non-proliferation Act,
    Executive Order No. 12730 of September 30, 1990, Executive
    Order No. 12735 of November 16, 1990, Executive Order No. 12924
    of August 18, 1994, and Executive Order No. 12930 of September
    29, 1994.
        Sec. 9. Judicial Review. This order is not intended to
    create, nor does it create, any right or benefit, substantive
    or procedural, enforceable at law by party against the United
    States, its agencies, officers, or any other person.
        Sec. 10. Revocation of Executive Orders Nos. 12735 and
    12930. Executive Orders No. 12735 of November 16, 1990, and
    Executive Order No. 12930 of September 29, 1994, are hereby
    revoked.
        Sec. 11. Effective Date. This order is effective
    immediately.
        This order shall be transmitted to the Congress and
    published in the Federal Register.
    (4) Implementation of the Chemical Weapons Convention and the Chemical
                     Weapons Convention Implementation Act

      Executive Order 13128, June 25, 1999, 64 F.R. 34703, 22 U.S.C. 6711
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the Chemical Weapons Convention Implementation Act of
    1998 (as enacted in Division I of Public Law 105-277) (the
    Act), the International Emergency Economic Powers Act (50
    U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C.
    1601 et seq.), and section 301 of title 3, United States Code,
    and in order to facilitate implementation of the Act, and the
    Convention on the Prohibition of the Development, Production,
    Stockpiling and Use of Chemical Weapons and on Their
    Destruction (the ``Convention''), it is hereby ordered as
    follows:
        Section 1. The Department of State shall be the United
    States National Authority (the ``USNA'') for purposes of the
    Act and the Convention.
        Sec. 2. The USNA shall coordinate the implementation of the
    provisions of the Act and the Convention with an interagency
    group consisting of the Secretary of Defense, the Attorney
    General, the Secretary of Commerce, the Secretary of Energy,
    and the heads of such other agencies or departments, or their
    designees, I may consider necessary or advisable.
        Sec. 3. The Departments of State and Commerce, and other
    agencies as appropriate, each shall issue, amend, or revise
    regulations, orders, or directives as necessary to implement
    the Act and U.S. obligation under Article VI and related
    provisions of the Convention. Regulations under section 401(a)
    of the Act shall be issued by the Department of Commerce by a
    date specified by the USNA, which shall review and approve
    these regulations, in coordination with the interagency group
    designated in section 2 of this order, prior to their issuance.
        Sec. 4. The Secretary of Commerce is authorized:
              (a) to obtain and execute warrants pursuant to
            section 305 of the Act for the purposes of conducting
            inspections of facilities subject to the regulations
            issued by the Department of Commerce pursuant to
            section 3 of this order;
              (b) to suspend or revoke export privileges pursuant
            to section 211 of the Act; and
              (c) to carry out all functions with respect to
            proceedings under section 501(a) of the Act and to
            issue regulations with respect thereto, except for
            those functions that the Act specifies are to be
            performed by the Secretary of State or the USNA.
        Sec. 5. The Departments of State, Defense, Commerce, and
    Energy, and other agencies as appropriate, are authorized to
    carry out, consistent with the Act and in accordance with
    subsequent directives, appropriate functions that are not
    otherwise assigned in the Act and are necessary to implement
    the provisions of the Convention and the Act.
        Sec. 6. The Departments of State, Defense, Commerce, and
    Energy, and other agencies, as appropriate, are authorized to
    provide assistance to facilities not owned or operated by the
    U.S. Government, or contracted for use by or for the U.S.
    Government, in meeting reporting requirements and in preparing
    the facilities for possible inspection pursuant to the
    Convention.
        Sec. 7. The USNA, in coordination with the interagency
    group designated in section 2 of this order, is authorized to
    determine whether the disclosure of confidential business
    information pursuant to section 404(c) of the Act is in the
    national interest. Disclosure will not be permitted if contrary
    to national security or law enforcement needs.
        Sec. 8. In order to take additional steps with respect to
    the proliferation of weapons of mass destruction and means of
    delivering them and the national emergency described and
    declared in Executive Order 12938 of November 14, 1994, as
    amended by Executive Order 13094 of July 30, 1998, section 3 of
    Executive Order 12938, as amended, is amended, to add a new
    subsection (e) to read as follows: * * *
        Sec. 9. Any investigation emanating from a possible
    violation of this order, or of any license, order, or
    regulation issued pursuant to this order, involving or
    revealing a possible violation of 18 U.S.C. section 229 shall
    be referred to the Federal Bureau of Investigation (FBI), which
    shall coordinate with the referring agency and other
    appropriate agencies. The FBI shall timely notify the referring
    agency and other appropriate agencies of any action it takes on
    such referrals.
        Sec. 10. Nothing in this order shall create and right or
    benefit, substantive or procedural, enforceable by any party
    against the United States, its agencies or instrumentalities,
    its officers or employees, or any other person.
        Sec. 11. (a) This order shall take effect at 12:01 a.m.
    eastern daylight time, June 26, 1999.
        (b) This order shall be transmitted to the Congress and
    published in the Federal Register.
       (5) Blocking Property of the Government of the Russian Federation
     Relating to the Disposition of Highly Enriched Uranium Extracted From
                                Nuclear Weapons

      Executive Order 13159, June 21, 2000, 65 F.R. 39279, 50 U.S.C. 1701
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the International Emergency Economic Powers Act
    (IEEPA) (50 U.S.C. 1701 et seq.), the National Emergencies Act
    (50 U.S.C. 1601 et seq.), and section 301 of title 3, United
    States Code.
        I, WILLIAM J. CLINTON, President of the United States of
    America, in view of the policies underlying Executive Order
    12938 of November 14, 1994, and Executive Order 13085 of May
    26, 1998, find that the risk of nuclear proliferation created
    by the accumulation of a large volume of weapons-usable fissile
    material in the territory of the Russian Federation constitutes
    an unusual and extraordinary threat to the national security
    and foreign policy of the United States, and hereby declare a
    national emergency to deal with that threat.\1\
    ---------------------------------------------------------------------------
        \1\ The President continued this national emergency in a notice of
    June 11, 2001 (66 F.R. 32207; June 14, 2001); a notice of June 18, 2002
    (67 F.R. 42181; June 20, 2002); a notice of June 10, 2003 (68 F.R.
    35149; June 12, 2003); a notice of June 16, 2004 (69 F.R. 34047; June
    18, 2004); and a notice of June 17, 2005 (70 F.R. 35507; June 20,
    2005).
        Consistent with sec. 204(c) of the International Emergency Economic
    Powers Act (Public Law 95-223; 91 Stat. 1627; 50 U.S.C. 1703(c)) and
    sec. 401(c) of the National Emergencies Act (Public Law 94-412; 90
    Stat. 1257; 50 U.S.C. 1641(c)), the President presents a semi-annual
    report to Congress concerning this national emergency. In sec. 1(b)(3)
    of Executive Order 13313 of July 31, 2003 (68 F.R. 46073; August 5,
    2003), the President assigned this reporting duty to the Secretary of
    the Treasury.
    ---------------------------------------------------------------------------
        I hereby order:
        Section 1. A major national security goal of the United
    States is to ensure that fissile material removed from Russian
    nuclear weapons pursuant to various arms control and
    disarmament agreements is dedicated to peaceful uses, subject
    to transparency measures, and protected from diversion to
    activities of proliferation concern. As reflected in Executive
    Order 13085, the full implementation of the Agreement Between
    the Government of the United States of America and the
    Government of the Russian Federation Concerning the Disposition
    of Highly Enriched Uranium Extracted from Nuclear Weapons,
    dated February 18, 1993, and related contracts and agreements
    (collectively, the ``HEU Agreements'') is essential to the
    attainment of this goal. The HEU Agreements provide for the
    conversion of approximately 500 metric tons of highly enriched
    uranium contained in Russian nuclear weapons into low-enriched
    uranium for use as fuel in commercial nuclear reactors. In
    furtherance of our national security goals, all heads of
    departments and agencies of the United States Government shall
    continue to take all appropriate measures within their
    authority to further the full implementation of the HEU
    Agreements.
        Sec. 2. Government of the Russian Federation assets
    directly related to the implementation of the HEU Agreements
    currently may be subject to attachment, judgment, decree, lien,
    execution, garnishment, or other judicial process, thereby
    jeopardizing the full implementation of the HEU Agreements to
    the detriment of U.S. foreign policy. In order to ensure the
    preservation and proper and complete transfer to the Government
    of the Russian Federation of all payments due to it under the
    HEU Agreements, and except to the extent provided in
    regulations, orders, directives, or licenses that may hereafter
    be issued pursuant to this order, all property and interests in
    property of the Government of the Russian Federation directly
    related to the implementation of the HEU Agreements that are in
    the United States, that hereafter come within the United
    States, or that are or hereafter come within the possession or
    control of United States persons, including their overseas
    branches, are hereby blocked and may not be transferred, paid,
    exported, withdrawn, or otherwise dealt in. Unless licensed or
    authorized pursuant to this order, any attachment, judgment,
    decree, lien, execution, garnishment, or other judicial process
    is null and void with respect to any property or interest in
    property blocked pursuant to this order.
        Sec. 3. For the purposes of this order: (a) The term
    ``person'' means an individual or entity;
        (b) The term ``entity'' means a partnership, association,
    trust, joint venture, corporation, or other organization;
        (c) The term ``United States person'' means any United
    States citizen; permanent resident alien; juridical person
    organized under the laws of the United States or any
    jurisdiction within the United States, including foreign
    branches; or any person in the United States; and
        (d) The term ``Government of the Russian Federation'' means
    the Government of the Russian Federation, any political
    subdivision, agency, or instrumentality thereof, and any person
    owned or controlled by, or acting for or on behalf of, the
    Government of the Russian Federation.
        Sec. 4. (a) The Secretary of the Treasury, in consultation
    with the Secretary of State, the Secretary of Energy, and, as
    appropriate, other agencies, is hereby authorized to take such
    actions, including the promulgation of rules and regulations,
    and to employ all powers granted to me by IEEPA, as may be
    necessary to carry out the purposes of this order. The
    Secretary of the Treasury may redelegate any of these functions
    to other officers and agencies of the United States Government.
    All agencies of the United States Government are hereby
    directed to take all appropriate measures within their
    statutory authority to carry out the provisions of this order.
        (b) Nothing contained in this order shall relieve a person
    from any requirement to obtain a license or other authorization
    from any department or agency of the United States Government
    in compliance with applicable laws and regulations subject to
    the jurisdiction of the department or agency.
        Sec. 5. This order is not intended to create, nor does it
    create, any right, benefit, or privilege, substantive or
    procedural, enforceable at law by a party against the United
    States, its agencies, officers, or any other person.
        Sec. 6. (a) This order is effective at 12:01 a.m. eastern
    daylight time on June 22, 2000.
        (b) This order shall be transmitted to the Congress and
    published in the Federal Register.
    (6) Blocking Property of Weapons of Mass Destruction Proliferators and
                                Their Supporters

      Executive Order 13382, June 28, 2005, 70 F.R. 38567, 50 U.S.C. 1701
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the International Emergency Economic Powers Act (50
    U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
    U.S.C. 1601 et seq.), and section 301 of title 3, United States
    Code,
        I, George W. Bush, President of the United States of
    America, in order to take additional steps with respect to the
    national emergency described and declared in Executive Order
    12938 of November 14, 1994, regarding the proliferation of
    weapons of mass destruction and the means of delivering them,
    and the measures imposed by that order, as expanded by
    Executive Order 13094 of July 28, 1998, hereby order:
        Section 1. (a) Except to the extent provided in section
    203(b)(1), (3), and(4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and
    (4)), or in regulations, orders, directives, or licenses that
    may be issued pursuant to this order, and notwithstanding any
    contract entered into or any license or permit granted prior to
    the effective date of this order, all property and interests in
    property of the following persons, that are in the United
    States, that hereafter come within the United States, or that
    are or hereafter come within the possession or control of
    United States persons, are blocked and may not be transferred,
    paid, exported, withdrawn, or otherwise dealt in:
              (i) the persons listed in the Annex to this order;
              (ii) any foreign person determined by the Secretary
            of State, in consultation with the Secretary of the
            Treasury, the Attorney General, and other relevant
            agencies, to have engaged, or attempted to engage, in
            activities or transactions that have materially
            contributed to, or pose a risk of materially
            contributing to, the proliferation of weapons of mass
            destruction or their means of delivery (including
            missiles capable of delivering such weapons), including
            any efforts to manufacture, acquire, possess, develop,
            transport, transfer or use such items, by any person or
            foreign country of proliferation concern;
              (iii) any person determined by the Secretary of the
            Treasury, in consultation with the Secretary of State,
            the Attorney General, and other relevant agencies, to
            have provided, or attempted to provide, financial,
            material, technological or other support for, or goods
            or services in support of, any activity or transaction
            described in paragraph (a)(ii) of this section, or any
            person whose property and interests in property are
            blocked pursuant to this order; and
              (iv) any person determined by the Secretary of the
            Treasury, in consultation with the Secretary of State,
            the Attorney General, and other relevant agencies, to
            be owned or controlled by, or acting or purporting to
            act for or on behalf of, directly or indirectly, any
            person whose property and interests in property are
            blocked pursuant to this order.
        (b) Any transaction or dealing by a United States person or
    within the United States in property or interests in property
    blocked pursuant to this order is prohibited, including, but
    not limited to, (i) the making of any contribution or provision
    of funds, goods, or services by, to, or for the benefit of, any
    person whose property and interests in property are blocked
    pursuant to this order, and (ii) the receipt of any
    contribution or provision of funds, goods, or services from any
    such person.
        (c) Any transaction by a United States person or within the
    United States that evades or avoids, has the purpose of evading
    or avoiding, or attempts to violate any of the prohibitions set
    forth in this order is prohibited. (d) Any conspiracy formed to
    violate the prohibitions set forth in this order is prohibited.
        Sec. 2. For purposes of this order:
        (a) the term ``person'' means an individual or entity;
        (b) the term ``entity'' means a partnership, association,
    trust, joint venture, corporation, group, subgroup, or other
    organization; and
        (c) the term ``United States person'' means any United
    States citizen, permanent resident alien, entity organized
    under the laws of the United States or any jurisdiction within
    the United States (including foreign branches), or any person
    in the United States.
        Sec. 3. I hereby determine that the making of donations of
    the type of articles specified in section 203(b)(2) of IEEPA
    (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of, any
    person whose property and interests in property are blocked
    pursuant to this order would seriously impair my ability to
    deal with the national emergency declared in Executive Order
    12938, and I hereby prohibit such donations as provided by
    section 1 of this order.
        Sec. 4. Section 4(a) of Executive Order 12938, as
    amended,\1\ is further amended * * *
    ---------------------------------------------------------------------------
        \1\ Executive Order 12938, as amended, can be found at page 317 of
    this volume.
    ---------------------------------------------------------------------------
        Sec. 5. For those persons whose property and interests in
    property are blocked pursuant to section 1 of this order who
    might have a constitutional presence in the United States, I
    find that because of the ability to transfer funds or other
    assets instantaneously, prior notice to such persons of
    measures to be taken pursuant to this order would render these
    measures ineffectual. I therefore determine that for these
    measures to be effective in addressing the national emergency
    declared in Executive Order 12938, as amended, there need be no
    prior notice of a listing or determination made pursuant to
    section 1 of this order.
        Sec. 6. The Secretary of the Treasury, in consultation with
    the Secretary of State, is hereby authorized to take such
    actions, including the promulgation of rules and regulations,
    and to employ all powers granted to the President by IEEPA as
    may be necessary to carry out the purposes of this order. The
    Secretary of the Treasury may redelegate any of these functions
    to other officers and agencies of the United States Government,
    consistent with applicable law. All agencies of the United
    States Government are hereby directed to take all appropriate
    measures within their authority to carry out the provisions of
    this order and, where appropriate, to advisethe Secretary of
    the Treasury in a timely manner of the measures taken.
        Sec. 7. The Secretary of the Treasury, in consultation with
    the Secretary of State, is hereby authorized to determine,
    subsequent to the issuance of this order, that circumstances no
    longer warrant the inclusion of a person in the Annex to this
    order and that the property and interests in property of that
    person are therefore no longer blocked pursuant to section 1 of
    this order.
        Sec. 8. This order is not intended to, and does not, create
    any right or benefit, substantive or procedural, enforceable at
    law or in equity by any party against the United States, its
    departments, agencies, instrumentalities, or entities, its
    officers or employees, or any other person.
        Sec. 9. (a) This order is effective at 12:01 a.m. eastern
    daylight time on June 29, 2005.
        (b) This order shall be transmitted to the Congress and
    published in the Federal Register.
         u. Nuclear Non-Proliferation Act of 1978 and Related Materials

                   (1) Nuclear Non-Proliferation Act of 1978

     Partial text of Public Law 95-242 [H.R. 8638], 92 Stat. 120, approved
       March 10, 1978; as amended by Public Law 99-661 [National Defense
       Authorization Act for Fiscal Year 1987; S. 2638], 100 Stat. 3816,
       approved November 11, 1986; Public Law 103-236 [Foreign Relations
     Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat.
      382, approved April 30, 1994; Public Law 103-437 [U.S.C. Technical
      Amendments; H.R. 4777], 108 Stat. 4581, approved November 2, 1994;
      Public Law 105-277 [Omnibus Consolidated and Emergency Supplemental
    Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681, approved October
    21, 1998; and Public Law 106-113 [H.R. 3194], 113 Stat. 1301, approved
                               November 29, 1999

              Note.--Sections of this Act that have been omitted
            amended the Atomic Energy Act of 1954. See the
            appropriate sections of the 1954 Act beginning on page
            356 for the text of these omitted sections.

      AN ACT To provide for more efficient and effective control over the
                 proliferation of nuclear explosive capability.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Nuclear Non-Proliferation Act of
    1978.''

                              statement of policy

        Sec. 2.\1\ The Congress finds and declares that the
    proliferation of nuclear explosive devices or of the direct
    capability to manufacture or otherwise acquire such devices
    poses a grave threat to the security interests of the United
    States and to continued international progress toward world
    peace and development. Recent events emphasize the urgency of
    this threat and the imperative need to increase the
    effectiveness of international safeguards and controls on
    peaceful nuclear activities to prevent proliferation.
    Accordingly, it is the policy of the United States to--
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 3201.
    ---------------------------------------------------------------------------
              (a) actively pursue through international initiatives
            mechanisms for fuel supply assurances and the
            establishment of more effective international controls
            over the transfer and use of nuclear materials and
            equipment and nuclear technology for peaceful purposes
            in order to prevent proliferation, including the
            establishment of common international sanctions;
              (b) take such actions as are required to confirm the
            reliability of the United States in meeting its
            commitments to supply nuclear reactors and fuel to
            nations which adhere to effective non-proliferation
            policies by establishing procedures to facilitate the
            timely processing of requests for subsequent
            arrangements and export licenses;
              (c) strongly encourage nations which have not
            ratified the Treaty on the Non-Proliferation of Nuclear
            Weapons to do so at the earliest possible date; \2\ and
    ---------------------------------------------------------------------------
        \2\ This policy was reiterated by Congress in sec. 507 of the
    International Development Cooperation Act of 1979 (Public Law 96-53; 93
    Stat. 378) (see Legislation on Foreign Relations Through 2005, vol. I-
    A). Sec. 507(b), which was repealed in 1981, also called for a report
    (submitted to Congress on November 19, 1979) from the Secretary of
    State, on steps taken by the Department of State to encourage nations
    which are not parties to the treaty to become parties.
    ---------------------------------------------------------------------------
              (d) cooperate with foreign nations in identifying and
            adapting suitable technologies for energy production
            and, in particular, to identify alternative options to
            nuclear power in aiding such nations to meet their
            energy needs, consistent with the economic and material
            resources of those nations and environmental
            protection.

                              statement of purpose

        Sec. 3.\3\ It is the purpose of this Act to promote the
    policies set forth above by--
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 3202.
    ---------------------------------------------------------------------------
              (a) establishing a more effective framework for
            international cooperation to meet the energy needs of
            all nations and to ensure that the worldwide
            development of peaceful nuclear activities and the
            export by any nation of nuclear materials and equipment
            and nuclear technology intended for use in peaceful
            nuclear activities do not contribute to proliferation;
              (b) authorizing the United States to take such
            actions as are required to ensure that it will act
            reliably in meeting its commitment to supply nuclear
            reactors and fuel to nations which adhere to effective
            non-proliferation policies;
              (c) providing incentives to the other nations of the
            world to join in such international cooperative efforts
            and to ratify the Treaty; and
              (d) ensuring effective controls by the United States
            over its exports of nuclear materials and equipment and
            of nuclear technology.

                                  definitions

        Sec. 4.\4\ (a) As used in this Act, the term--
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 3203. Sec. 1225(e)(1) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-775) struck out para. (2), which referred to
    the Director of the Arms Control and Disarmament Agency, and renumbered
    paras. (3) through (8) as paras. (2) through (7).
    ---------------------------------------------------------------------------
              (1) ``Commission'' means the Nuclear Regulatory
            Commission;
              (2) \4\ ``IAEA'' means International Atomic Energy
            Agency;
              (3) \4\ ``nuclear materials and equipment'' means
            source material, special nuclear material, production
            facilities, utilization facilities, and components,
            items or substances determined to have significance for
            nuclear explosive purposes pursuant to subsection 109
            b. of the 1954 Act;
              (4) \4\ ``physical security measures'' means measures
            to reasonably ensure that source or special nuclear
            material will only be used for authorized purpose and
            to prevent theft and sabotage;
              (5) \4\ ``sensitive nuclear technology'' means any
            information (including information incorporated in a
            production or utilization facility or important
            component part thereof) which is not available to the
            public and which is important to the design,
            construction, fabrication, operation or maintenance of
            a uranium enrichment or nuclear fuel reprocessing
            facility or a facility for the production of heavy
            water, but shall not include Restricted Data controlled
            pursuant to chapter 12 of the 1954 Act;
              (6) \4\ ``1954 Act'' means the Atomic Energy Act of
            1954, as amended; and
              (7) \4\ ``the Treaty'' means the Treaty on the Non-
            Proliferation of Nuclear Weapons.\5\
    ---------------------------------------------------------------------------
        \5\ See Legislation on Foreign Relations Through 2005, vol. V, sec.
    L, for text of treaty.
    ---------------------------------------------------------------------------
        (b) All other terms used in this Act not defined in this
    section shall have the meanings ascribed to them by the 1954
    Act, the Energy Reorganization Act of 1974, and the Treaty.

      TITLE I--UNITED STATES INITIATIVES TO PROVIDE ADEQUATE NUCLEAR FUEL
                                     SUPPLY

                                     policy

        Sec. 101.\6\ The United States, as a matter of national
    policy, shall take such actions and institute such measures as
    may be necessary and feasible to assure other nations and
    groups of nations that may seek to utilize the benefits of
    atomic energy for peaceful purposes that it will provide a
    reliable supply of nuclear fuel to those nations and groups of
    nations which adhere to policies designed to prevent
    proliferation. Such nuclear fuel shall be provided under
    agreements entered into pursuant to section 161 of the 1954 Act
    or as otherwise authorized by law. The United States shall
    ensure that it will have available the capacity on a long-term
    basis to enter into new fuel supply commitments consistent with
    its nonproliferation policies and domestic energy needs. The
    Commission shall, on a timely basis, authorize the export of
    nuclear materials and equipment when all the applicable
    statutory requirements are met.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 3221.
    ---------------------------------------------------------------------------

                          uranium enrichment capacity

        Sec. 102.\7\ The Secretary of Energy is directed to
    initiate construction planning and design, construction, and
    operation activities for expansion of uranium enrichment
    capacity, as elsewhere provided by law. Further the Secretary
    as well as the Nuclear Regulatory Commission and the Secretary
    of State \8\ are directed to establish and implement procedures
    which will ensure to the maximum extent feasible, consistent
    with this Act, orderly processing of subsequent arrangements
    and export licenses with minimum time delay.
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 3222.
        \8\ Sec. 1225(e)(2) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-775) struck out ``, the Secretary of State, and the Director
    of the Arms Control and Disarmament Agency'' and inserted in lieu
    thereof ``and the Secretary of State''.
    ---------------------------------------------------------------------------

                                     report

        Sec. 103. The President shall promptly undertake a study to
    determine the need for additional United States enrichment
    capacity to meet domestic and foreign needs and to promote
    United States nonproliferation objectives abroad. The President
    shall report to the Congress on the results of this study
    within twelve months after the date of enactment of this Act.

                           international undertakings

        Sec. 104.\9\ (a) Consistent with section 105 of this Act,
    the President shall institute prompt discussions with other
    nations and groups of nations, including both supplier and
    recipient nations, to develop international approaches for
    meeting future worldwide nuclear fuel needs. In particular, the
    President is authorized and urged to seek to negotiate as soon
    as practicable with nations possessing nuclear fuel production
    facilities or source material, and such other nations and
    groups of nations, such as the IAEA, as may be deemed
    appropriate, with a view toward the timely establishment of
    binding international undertakings providing for--
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 3223.
    ---------------------------------------------------------------------------
              (1) the establishment of an international nuclear
            fuel authority (INFA) with responsibility for providing
            agreed upon fuel services and allocating agreed upon
            quantities of fuel resources to ensure fuel supply on
            reasonable terms in accordance with agreements between
            INFA and supplier and recipient nations;
              (2) a set of conditions consistent with subsection
            (d) under which international fuel assurances under
            INFA auspices will be provided to recipient nations,
            including conditions which will ensure that the
            transferred materials will not be used for nuclear
            explosive devices;
              (3) devising, consistent with the policy goals set
            forth in section 403 of this Act, feasible and
            environmentally sound approaches for the siting,
            development, and management under effective
            international auspices and inspection of facilities for
            the provision of nuclear fuel services, including the
            storage of special nuclear material;
              (4) the establishment of repositories for the storage
            of spent nuclear reactor fuel under effective
            international auspices and inspection;
              (5) the establishment of arrangements under which
            nations placing spent fuel in such repositories would
            receive appropriate compensation for the energy content
            of such spent fuel if recovery of such energy content
            is deemed necessary or desirable; and
              (6) sanctions for violation of the provisions of or
            for abrogation of such binding international
            undertakings.
        (b) The President shall submit to Congress not later than
    six months after the date of enactment of this Act proposals
    for initial fuel assurances, including creation of an interim
    stockpile of uranium enriched to less than 20 percent in the
    uranium isotope 235 (low-enriched uranium) to be available for
    transfer pursuant to a sales arrangement to nations which
    adhere to strict policies designed to prevent proliferation
    when and if necessary to ensure continuity of nuclear fuel
    supply to such nations. Such submission shall include proposals
    for the transfer of low-enriched uranium up to an amount
    sufficient to produce 100,000 MWe years of power from light
    water nuclear reactors, and shall also include proposals for
    seeking contributions from other supplier nations to such an
    interim stockpile pending the establishment of INFA.
        (c) The President shall, in the report required by section
    103, also address the desirability of and options for foreign
    participation, including investment, in new United States
    uranium enrichment facilities. This report shall also address
    the arrangements that would be required to implement such
    participation and the commitments that would be required as a
    condition of such participation. This report shall be
    accompanied by any proposed legislation to implement these
    arrangements.
        (d) The fuel assurances contemplated by this section shall
    be for the benefit of nations that adhere to policies
    designated to prevent proliferation. In negotiating the binding
    international undertakings called for in this section, the
    President shall, in particular, seek to ensure that the
    benefits of such undertakings are available to non-nuclear-
    weapon states only if such states accept IAEA safeguards on all
    their peaceful nuclear activities, do not manufacture or
    otherwise acquire any nuclear explosive device, do not
    establish any new enrichment or reprocessing facilities under
    their de facto or de jure control, and place any such existing
    facilities under effective international auspices and
    inspection.
        (e) The report required by section 601 shall include
    information on the progress made in any negotiations pursuant
    to this section.
        (f)(1) The President may not enter into any binding
    international undertaking negotiated pursuant to subsection (a)
    which is not a treaty until such time as such proposed
    undertaking has been submitted to the Congress and has been
    approved by concurrent resolution.
        (2) The proposals prepared pursuant to subsection (b) shall
    be submitted to the Congress as part of an annual authorization
    Act for the Department of Energy.

                       reevaluation of nuclear fuel cycle

        Sec. 105.\10\ The President shall take immediate
    initiatives to invite all nuclear supplier and recipient
    nations to reevaluate all aspects of the nuclear fuel cycle,
    with emphasis on alternatives to an economy based on the
    separation of pure plutonium or the presence of high enriched
    uranium, methods to deal with spent fuel storage, and methods
    to improve the safeguards for existing nuclear technology. The
    President shall, in the first report required by section 601,
    detail the progress of such international reevaluation.
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 3224.
    ---------------------------------------------------------------------------

      TITLE II--UNITED STATES INITIATIVES TO STRENGTHEN THE INTERNATIONAL
                               SAFEGUARDS SYSTEM

                                     policy

        Sec. 201.\11\ The United States is committed to continued
    strong support for the principles of the Treaty on the Non-
    Proliferation of Nuclear Weapons, to a strengthened and more
    effective International Atomic Energy Agency and to a
    comprehensive safeguards system administered by the Agency to
    deter proliferation. Accordingly, the United States shall seek
    to act with other nations to--
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 3241.
    ---------------------------------------------------------------------------
              (a) continue to strengthen the safeguards program of
            the IAEA and, in order to implement this section,
            contribute funds, technical resources, and other
            support to assist the IAEA in effectively implementing
            safeguards;
              (b) ensure that the IAEA has the resources to carry
            out the provisions of article XII of the Statute of the
            IAEA;
              (c) improve the IAEA safeguards system (including
            accountability) to ensure--
                      (1) the timely detection of a possible
                    diversion of sources of special nuclear
                    materials which could be used for nuclear
                    explosive devices;
                      (2) the timely dissemination of information
                    regarding such diversion; and
                      (3) the timely implementation of
                    internationally agreed procedures in the event
                    of such diversion;
              (d) ensure that the IAEA receives on a timely basis
            the data needed for it to administer an effective and
            comprehensive international safeguards program and that
            the IAEA provides timely notice to the world community
            of any evidence of a violation of any safeguards
            agreement to which it is a party; and
              (e) encourage the IAEA, to the maximum degree
            consistent with the Statute, to provide nations which
            supply nuclear materials and equipment with the data
            needed to assure such nations of adherence to bilateral
            commitments applicable to such supply.

                                training program

        Sec. 202.\12\ The Department of Energy, in consultation
    with the Commission, shall establish and operate a safeguards
    and physical security training program to be made available to
    persons from nations and groups of nations which have developed
    or acquired, or may be expected to develop or acquire, nuclear
    materials and equipment for use for peaceful purposes. Any such
    program shall include training in the most advanced safeguards
    and physical security techniques and technology, consistent
    with the national security interests of the United States.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 3242.
    ---------------------------------------------------------------------------

                                  negotiations

        Sec. 203.\13\ The United States shall seek to negotiate
    with other nations and groups of nations to--
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 3243.
    ---------------------------------------------------------------------------
              (1) adopt general principles and procedures,
            including common international sanctions, to be
            followed in the event that a nation violates any
            material obligation with respect to the peaceful use of
            nuclear materials and equipment or nuclear technology,
            or in the event that any nation violates the principles
            of the Treaty, including the detonation by a non-
            nuclear-weapon state of a nuclear explosive device; and
              (2) establish international procedures to be followed
            in the event of diversion, theft, or sabotage of
            nuclear materials or sabotage of nuclear facilities,
            and for recovering nuclear materials that have been
            lost or stolen, or obtained or used by a nation or by
            any person or group in contravention of the principles
            of the Treaty.

                  TITLE III--EXPORT ORGANIZATION AND CRITERIA

              * * * * * * *

                          export licensing procedures

        Sec. 304. (a) \14\ * * *
    ---------------------------------------------------------------------------
        \14\ Subsec. (a) added a new sec. 126 to the 1954 Act regarding
    export licensing procedures.
    ---------------------------------------------------------------------------
        (b) \15\ Within one hundred and twenty days of the date of
    enactment of this Act, the Commission shall, after
    consultations with the Secretary of State, promulgate
    regulations establishing procedures (1) for the granting,
    suspending, revoking, or amending of any nuclear export license
    or exemption pursuant to its statutory authority; (2) for
    public participation in nuclear export licensing proceedings
    when the Commission finds that such participation will be in
    the public interest and will assist the Commission in making
    the statutory determinations required by the 1954 Act,
    including such public hearings and access to information as the
    Commission deems appropriate: Provided, That judicial review as
    to any such finding shall be limited to the determination of
    whether such finding was arbitrary and capricious; (3) for a
    public written Commission opinion accompanied by the dissenting
    or separate views of any Commissioner, in those proceedings
    where one or more Commissioners have dissenting or separate
    views on the issuance of an export license; and (4) for public
    notice of Commission proceedings and decisions, and for
    recording of minutes and votes of the Commission: Provided
    further, That until the regulations required by this subsection
    have been promulgated, the Commission shall implement the
    provisions of this Act under temporary procedures established
    by the Commission.
    ---------------------------------------------------------------------------
        \15\ 42 U.S.C. 2155a.
    ---------------------------------------------------------------------------
        (c) \15\ The procedures to be established pursuant to
    subsection (b) shall constitute the exclusive basis for
    hearings in nuclear export licensing proceedings before the
    Commission and, notwithstanding section 189 a. of the 1954 Act,
    shall not require the Commission to grant any person an on-the-
    record hearing in such a proceeding.
        (d) \16\ Within sixty days of the date of enactment of this
    Act, the Commission shall, in consultation with the Secretary
    of State, the Secretary of Energy and the Secretary of
    Defense,\17\ promulgate (and may from time to time amend)
    regulations establishing the levels of physical security which
    in its judgment are no less strict than those established by
    any international guidelines to which the United States
    subscribes and which in its judgment will provide adequate
    protection for facilities and material referred to in paragraph
    (3) of section 127 of the 1954 Act taking into consideration
    variations in risks to security as appropriate.
    ---------------------------------------------------------------------------
        \16\ 42 U.S.C. 2156a.
        \17\ Sec. 1225(e)(3) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-775) struck out ``the Secretary of Defense, and the
    Director,'' and inserted in lieu thereof ``and the Secretary of
    Defense,''.
    ---------------------------------------------------------------------------
              * * * * * * *

                    component and other parts of facilities

        Sec. 309. (a) \18\ * * *
    ---------------------------------------------------------------------------
        \18\ Subsec. (a) amended sec. 109 of the 1954 Act.
    ---------------------------------------------------------------------------
        (b) \19\ The Commission, not later than one hundred and
    twenty days after the date of the enactment of this Act, shall
    publish regulations to implement the provisions of subsections
    b. and c. of section 109 of the 1954 Act. Among other things,
    these regulations shall provide for the prior consultation by
    the Commission with the Department of State, the Department of
    Energy, the Department of Defense, and the Department of
    Commerce.\20\
    ---------------------------------------------------------------------------
        \19\ 42 U.S.C. 2139a. The procedures referred to in subsec. (c)
    were issued on June 1, 1978. For text, see Legislation on Foreign
    Relations Through 2005, vol. V, sec. L.
        \20\ Sec. 1225(e)(4)(A) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-775) struck out ``the Department of Commerce,
    and the Arms Control and Disarmament Agency'' and inserted in lieu
    thereof ``and the Department of Commerce''.
    ---------------------------------------------------------------------------
        (c) \19\ The President, within not more than one hundred
    and twenty days after the date of enactment of this Act, shall
    publish procedures regarding the control by the Department of
    Commerce, over all export items, other than those licensed by
    the Commission, which could be, if used for purposes other than
    those for which the export is intended, of significance for
    nuclear explosive purposes. Among other things, these
    procedures shall provide for prior consultations \21\ by the
    Department of Commerce with the Department of State,\22\ the
    Commission, the Department of Energy, and the Department of
    Defense.
    ---------------------------------------------------------------------------
        \21\ Sec. 714(b) of the Foreign Relations Authorization Act, Fiscal
    Years 1994 and 1995 (Public Law 103-236; 108 Stat. 498), struck out ``,
    as required,'' following ``prior consultations''.
        \22\ Sec. 1225(e)(4)(B) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-775) struck out ``the Arms Control and
    Disarmament Agency,'' at this point.
    ---------------------------------------------------------------------------
        (d) The amendments to section 109 of the 1954 Act made by
    this section shall not affect the approval of exports
    contracted for prior to November 1, 1977, which are made within
    one year of the date of enactment of such amendments.

                TITLE IV--NEGOTIATION OF FURTHER EXPORT CONTROLS

              * * * * * * *

                            additional requirements

        Sec. 402.\23\ (a) Except as specifically provided in any
    agreement for cooperation, no source or special nuclear
    material hereafter exported from the United States may be
    enriched after export without the prior approvals of the United
    States for such enrichment: Provided, That the procedures
    governing such approval shall be identical to those set forth
    for the approval of proposed subsequent arrangements under
    section 131 of the 1954 Act, and any commitments from the
    recipient which the Secretary of Energy and the Secretary of
    State deem necessary to ensure that such approval will be
    obtained prior to such enrichment shall be obtained prior to
    the submission of the executive branch judgment regarding the
    export in question and shall be set forth in such submission:
    And provided further, That no source or special nuclear
    material shall be exported for the purpose of enrichment or
    reactor fueling to any nation or group of nations which has,
    after the date of enactment of this Act, entered into a new or
    amended agreement for cooperation with the United States,
    except pursuant to such agreement.
    ---------------------------------------------------------------------------
        \23\ 42 U.S.C. 2153a. The procedures mentioned in the first proviso
    were issued June 1, 1978. For text, see Legislation on Foreign
    Relations Through 2005, vol. V, sec. L.
    ---------------------------------------------------------------------------
        (b) In addition to other requirements of law, no major
    critical component of any uranium enrichment, nuclear fuel
    reprocessing, or heavy water production facility shall be
    exported under any agreement for cooperation (except an
    agreement for cooperation pursuant to subsection 91 c., 144 b.,
    or 144 c. of the 1954 Act) unless such agreement for
    cooperation specifically designates such components as items to
    be exported pursuant to the agreement for cooperation. For
    purposes of this subsection, the term ``major critical
    component'' means any component part or group of component
    parts which the President determines to be essential to the
    operation of a complete uranium enrichment, nuclear fuel
    reprocessing, or heavy water production facility.

                          peaceful nuclear activities

        Sec. 403.\24\ The President shall take immediate and
    vigorous steps to seek agreement from all nations and groups of
    nations to commit themselves to adhere to the following export
    policies with respect to their peaceful nuclear activities and
    their participation in international nuclear trade:
    ---------------------------------------------------------------------------
        \24\ 42 U.S.C. 2153b.
    ---------------------------------------------------------------------------
        (a) No nuclear materials and equipment and no sensitive
    nuclear technology within the territory of any nation or group
    of nations, under its jurisdiction, or under its control
    anywhere will be transferred to the jurisdiction of any other
    nation or group of nations unless the nation or group of
    nations receiving such transfer commits itself to strict
    undertakings including, but not limited to, provisions
    sufficient to ensure that--
              (1) no nuclear materials and equipment and no nuclear
            technology in, under the jurisdiction of, or under the
            control of any non-nuclear-weapon state, shall be used
            for nuclear explosive devices for any purpose or for
            research on or development of nuclear explosives
            devices for any purpose, except as permitted by Article
            V, the Treaty;
              (2) IAEA safeguards will be applied to all peaceful
            nuclear activities in, under the jurisdiction of, or
            under the control of any non-nuclear-weapon state;
              (3) adequate physical security measure will be
            established and maintained by any nation or group of
            nations on all of its nuclear activities;
              (4) no nuclear materials and equipment and no nuclear
            technology intended for peaceful purposes in, under the
            jurisdiction of, or under the control of any nation or
            group of nations shall be transferred to the
            jurisdiction of any other nation or group of nations
            which does not agree to stringent undertakings meeting
            the objectives of this section; and
              (5) no nation or group of nations will assist,
            encourage, or induce any non-nuclear-weapon state to
            manufacture or otherwise acquire any nuclear explosive
            device.
        (b)(1) No source or special nuclear material within the
    territory of any nation or group of nations, under its
    jurisdiction, or under its control anywhere will be enriched
    (as described in paragraph aa. (2) of section 11 of the 1954
    Act) or reprocessed, no irradiated fuel elements containing
    such material which are to be removed from a reactor will be
    altered in form or content, and no fabrication or stockpiling
    involving plutonium, uranium 233, or uranium enriched to
    greater than 20 percent in the isotope 235 shall be performed
    except in a facility under effective international auspices and
    inspection, and any such irradiated fuel elements shall be
    transferred to such a facility as soon as practicable after
    removal from a reactor consistent with safety requirements.
    Such facilities shall be limited in number to the greatest
    extent feasible and shall be carefully sited and managed so as
    to minimize the proliferation and environmental risks
    associated with such facilities. In addition, there shall be
    conditions to limit the access of non-nuclear-weapon states
    other than the host country to sensitive nuclear technology
    associated with such facilities.
        (2) Any facilities within the territory of any nation or
    group of nations, under its jurisdiction, or under its control
    anywhere for the necessary short-term storage of fuel elements
    containing plutonium, uranium 233, or uranium enriched to
    greater than 20 percent in the isotope 235 prior to placement
    in a reactor or of irradiated fuel elements prior to transfer
    as required in subparagraph (1) shall be placed under effective
    international auspices and inspection.
        (c) Adequate physical security measures will be established
    and maintained with respect to all nuclear activities within
    the territory of each nation and group of nations, under its
    jurisdiction, or under its control anywhere, and with respect
    to any international shipment of significant quantities of
    source or special nuclear material or irradiated source or
    special nuclear material, which shall also be conducted under
    international safeguards.
        (d) Nothing in this section shall be interpreted to require
    international control or supervision of any United States
    military activities.

                  renegotiation of agreements for cooperation

        Sec. 404.\25\ (a) The President shall initiate a program
    immediately to renegotiate agreements for cooperation in effect
    on the date of enactment of this Act, or otherwise to obtain
    the agreement of parties to such agreements for cooperation to
    the undertakings that would be required for new agreements
    under the 1954 Act. To the extent that an agreement for
    cooperation in effect on the date of enactment of this Act with
    a cooperating party contains provisions equivalent to any or
    all of the criteria set forth in section 127 of the 1954 Act
    with respect to materials and equipment transferred pursuant
    thereto or with respect to any special nuclear material used in
    or produced through the use of any such material or equipment,
    any renegotiated agreement with that cooperating party shall
    continue to contain an equivalent provision with respect to
    such transferred materials and equipment and such special
    nuclear material. To the extent that an agreement for
    cooperation in effect on the date of enactment of this Act with
    a cooperating party does not contain provisions with respect to
    any nuclear materials and equipment which have previously been
    transferred under an agreement for cooperation with the United
    States and which are under the jurisdiction or control of the
    cooperating party and with respect to any special nuclear
    material which is used in or produced through the use thereof
    and which is under the jurisdiction or control of the
    cooperating party, which are equivalent to any or all of those
    required for new and amended agreements for cooperation under
    section 123 a. of the 1954 Act, the President shall vigorously
    seek to obtain the application of such provisions with respect
    to such nuclear materials and equipment and such special
    nuclear material. Nothing in this Act or in the 1954 Act shall
    be deemed to relinquish any rights which the United States may
    have under any agreement for cooperation in force on the date
    of enactment of this Act.
    ---------------------------------------------------------------------------
        \25\ 42 U.S.C. 2153c.
    ---------------------------------------------------------------------------
        (b) The President shall annually review each of
    requirements (1) through (9) set forth for inclusion in
    agreements for cooperation under section 123 a. of the 1954 Act
    and the export policy goals set forth in section 401 to
    determine whether it is in the interest of United States non-
    proliferation objectives for any such requirements or export
    policies which are not already being applied as export criteria
    to be enacted as additional export criteria.
        (c) If the President proposed enactment of any such
    requirements or export policies as additional export criteria
    or to take any other action with respect to such requirements
    or export policy goals for the purpose of encouraging adherence
    by nations and groups of nations to such requirements and
    policies, he shall submit such a proposal together with an
    explanation thereof to the Congress.
        (d) If the Committee on Foreign Relations of the Senate or
    the Committee on Foreign Affairs \26\ of the House of
    Representatives, after reviewing the President's annual report
    or any proposed legislation, determines that it is in the
    interest of the United States non-proliferation objectives to
    take any action with respect to such requirements or export
    policy goals, it shall report a joint resolution to implement
    such determination. Any joint resolution so reported shall be
    considered in the Senate and the House of Representatives,
    respectively, under applicable procedures provided for the
    consideration of resolutions pursuant to subsection 130 b.
    through g. of the 1954 Act.
    ---------------------------------------------------------------------------
        \26\ Sec. 15(g) of Public Law 103-437 (108 Stat. 4593) struck out
    ``International Relations'' and inserted in lieu thereof ``Foreign
    Affairs''. Subsequently, sec. 1(a)(5) of Public Law 104-14 (109 Stat.
    186) provided that references to the Committee on Foreign Affairs of
    the House of Representatives shall be treated as referring to the
    Committee on International Relations of the House of Representatives.
    ---------------------------------------------------------------------------

                        authority to continue agreements

        Sec. 405.\27\ (a) The amendments to section 123 of the 1954
    Act made by this Act shall not affect the authority to continue
    cooperation pursuant to agreements for cooperation entered into
    prior to the date of enactment of this Act.
    ---------------------------------------------------------------------------
        \27\ 42 U.S.C. 2153d.
    ---------------------------------------------------------------------------
        (b) Nothing in this Act shall affect the authority to
    include dispute settlement provisions, including arbitration,
    in any agreement made pursuant to an Agreement for Cooperation.

                                     review

        Sec. 406.\28\ No court or regulatory body shall have any
    jurisdiction under any law to compel the performance of or to
    review the adequacy of the performance of any Nuclear
    Proliferation Assessment Statement, or any annexes thereto,\29\
    called for in this Act or in the 1954 Act.
    ---------------------------------------------------------------------------
        \28\ 42 U.S.C. 2160a.
        \29\ Sec. 1225(e)(5) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-775) inserted ``, or any annexes thereto,'' after
    ``Statement''.
    ---------------------------------------------------------------------------

                         protection of the environment

        Sec. 407.\30\ The President shall endeavor to provide in
    any agreement entered into pursuant to section 123 of the 1954
    Act for cooperation between the parties in protecting the
    international environment from radioactive, chemical or thermal
    contamination arising from peaceful nuclear activities.
    ---------------------------------------------------------------------------
        \30\ 42 U.S.C. 2153e. Sec. 1913 of Public Law 95-630 (92 Stat.
    3727) provided:
        ``Sec. 1913. No environmental rule, regulation, or procedure shall
    become effective with regard to exports subject to the provisions of 22
    U.S.C. 3201 et seq., the Nuclear Non-Proliferation Act of 1978, until
    such time as the President has reported to Congress on the progress
    achieved pursuant to section 407 of the Act (42 U.S.C. 2153e) entitled
    `Protection of the Environment' which requires the President to seek to
    provide, in agreements required under the Act, for cooperation between
    the parties in protecting the environment from radioactive, chemical or
    thermal contaminations arising from peaceful nuclear activities.''.
    ---------------------------------------------------------------------------

           TITLE V--UNITED STATES ASSISTANCE TO DEVELOPING COUNTRIES

                                 policy; report

        Sec. 501.\31\ The United States shall endeavor to cooperate
    with other nations, international institutions, and private
    organizations in establishing programs to assist in the
    development of non-nuclear energy resources, to cooperate with
    both developing and industrialized nations in protecting the
    international environment from contamination arising from both
    nuclear and non-nuclear energy activities, and shall seek to
    cooperate with and aid developing countries in meeting their
    energy needs through the development of such resources and the
    application of non-nuclear technologies consistent with the
    economic factors, the material resources of those countries,
    and environmental protection. The United States shall
    additionally seek to encourage other industrialized nations and
    groups of nations to make commitments for similar cooperation
    and aid to developing countries. The President shall report
    annually to Congress on the level of other nations' and groups
    of nations' commitments under such program and the relation of
    any such commitments to United States efforts under this title.
    In cooperating with and providing such assistance to developing
    countries, the United States shall give priority to parties to
    the Treaty.
    ---------------------------------------------------------------------------
        \31\ 22 U.S.C. 3261.
    ---------------------------------------------------------------------------

                                    programs

        Sec. 502.\32\ (a) The United States shall initiate a
    program, consistent with the aims of section 501, to cooperate
    with developing countries for the purpose of--
    ---------------------------------------------------------------------------
        \32\ 22 U.S.C. 3262.
    ---------------------------------------------------------------------------
              (1) meeting the energy needs required for the
            development of such countries;
              (2) reducing the dependence of such countries on
            petroleum fuels, with emphasis given to utilizing solar
            and other renewable energy resources; and
              (3) expanding the energy alternatives to such
            countries.
        (b) Such program shall include cooperation in evaluating
    the energy alternatives of developing countries, facilitating
    international trade in energy commodities, developing energy
    resources, and applying suitable energy technologies. The
    program shall include both general and country-specific energy
    assessments and co-operative projects in resource exploration
    and production, training, research and development.
        (c) As an integral part of such program, the Department of
    Energy, under the general policy guidance of the Department of
    State and in cooperation with the Agency for International
    Development and other Federal agencies as appropriate, shall
    initiate, as soon as practicable, a program for the exchange of
    United States scientists, technicians, and energy experts with
    those of developing countries to implement the purposes of this
    section.
        (d) For the purposes of carrying out this section, there is
    authorized to be appropriated such sums as are contained in
    annual authorization Acts for the Department of Energy,
    including such sums which have been authorized for such
    purposes under previous legislation.
        (e) Under the direction of the President, the Secretary of
    State shall ensure the coordination of the activities
    authorized by this title with other related activities of the
    United States conducted abroad, including the programs
    authorized by sections 103(c), 106(a)(2), and 119 of the
    Foreign Assistance Act of 1961.\33\
    ---------------------------------------------------------------------------
        \33\ For text, see Legislation on Foreign Relations Through 2005,
    vol. I-A. Sec. 119 of the Foreign Assistance Act of 1961 was repealed
    in 1980.
    ---------------------------------------------------------------------------

                                     report

        Sec. 503.\34\ Not later than twelve months after the date
    of enactment of this Act, the President shall report to the
    Congress on the feasibility of expanding the cooperative
    activities established pursuant to section 502(c) into an
    international cooperative effort to include a scientific peace
    corps designed to encourage large numbers of technically
    trained volunteers to live and work in developing countries for
    varying periods of time for the purpose of engaging in projects
    to aid in meeting the energy needs of such countries through
    the search for and utilization of indigenous energy resources
    and the application of suitable technology, including the
    widespread utilization of renewable and unconventional energy
    technologies. Such report shall also include a discussion of
    other mechanisms to conduct a coordinated international effort
    to develop, demonstrate, and encourage the utilization of such
    technologies in developing countries.
    ---------------------------------------------------------------------------
        \34\ 22 U.S.C. 3262 note.
    ---------------------------------------------------------------------------

                         TITLE VI--EXECUTIVE REPORTING

                            reports of the president

        Sec. 601.\35\ (a) The President shall review all activities
    of Government departments and agencies relating to preventing
    proliferation and shall make a report \36\ to Congress in
    January of 1979 and annually in January of each year thereafter
    on the Government's efforts to prevent proliferation. This
    report shall include but not be limited to--
    ---------------------------------------------------------------------------
        \35\ 22 U.S.C. 3281.
        \36\ In sec. 1(a)(5) of Executive Order 13313 of July 31, 2003 (68
    F.R. 46073; August 5, 2003), the President assigned the reporting
    duties in subsec. (a) to the Secretary of State.
    ---------------------------------------------------------------------------
              (1) a description of the progress made toward--
                      (A) negotiating the initiatives contemplated
                    in sections 104 and 105 of this Act;
                      (B) negotiating the international
                    arrangements or other mutual undertakings
                    contemplated in section 403 of this Act;
                      (C) encouraging non-nuclear-weapon states
                    that are not party to the Treaty to adhere to
                    the Treaty or, pending such adherence, to enter
                    into comparable agreements with respect to
                    safeguards and to foreswear the development of
                    any nuclear explosive devices, and discouraging
                    nuclear exports to non-nuclear-weapon states
                    which have not taken such steps;
                      (D) strengthening the safeguards of the IAEA
                    as contemplated in section 201 of this Act; and
                      (E) renegotiating agreements for cooperation
                    as contemplated in section 404(a) of this Act;
              (2) an assessment of the impact of the progress
            described in paragraph (1) on the non-proliferation
            policy of the United States; an explanation of the
            precise reasons why progress has not been made on any
            particular point and recommendations with respect to
            appropriate measures to encourage progress; and a
            statement of what legislative modifications, if any,
            are necessary in his judgment to achieve the non-
            proliferation policy of the United States;
              (3) a determination as to which non-nuclear-weapon
            states with which the United States has an agreement
            for cooperation in effect or under negotiation, if any,
            have--
                      (A) detonated a nuclear device; or
                      (B) refused to accept the safeguards of the
                    IAEA on all of their peaceful nuclear
                    activities; or
                      (C) refused to give specific assurances that
                    they will not manufacture or otherwise acquire
                    any nuclear explosive device; or
                      (D) engaged in activities involving source or
                    special nuclear material and having direct
                    significance for the manufacture or acquisition
                    of nuclear explosive devices;
              (4) an assessment of whether any of the policies set
            forth in this Act have, on balance, been
            counterproductive from the standpoint of preventing
            proliferation; \37\
    ---------------------------------------------------------------------------
        \37\ Sec. 811(1) of the Nuclear Proliferation Prevention Act of
    1994 (title VIII of Public Law 103-236; 108 Stat. 507) struck out
    ``and'' after the semicolon in para. (4), and sec. 811(2) of that Act
    struck out the period at the end of para. 5 and inserted in lieu
    thereof a semicolon. Sec. 811(3) added para. (6) and a concluding
    paragraph for subsec. (a) following para. (6).
    ---------------------------------------------------------------------------
              (5) a description of the progress made toward
            establishing procedures to facilitate the timely
            processing of requests for subsequent arrangements and
            export licenses in order to enhance the reliability of
            the United States in meeting its commitments to supply
            nuclear reactors and fuel to nations which adhere to
            effective non-proliferation policies; \37\
              (6) \37\ a description of the implementation of
            nuclear and nuclear-related dual use export controls in
            the preceding calendar year, including a summary by
            type of commodity and destination of--
                      (A) all transactions for which--
                              (i) an export license was issued for
                            any good controlled under section
                            309(c) of this Act;
                              (ii) an export license was issued
                            under section 109 b. of the 1954 Act;
                              (iii) approvals were issued under the
                            Export Administration Act of 1979, or
                            section 109 b.(3) of the 1954 Act, for
                            the retransfer of any item, technical
                            data, component, or substance; or
                              (iv) authorizations were made as
                            required by section 57 b.(2) of the
                            1954 Act to engage, directly or
                            indirectly, in the production of
                            special nuclear material;
                      (B) each instance in which--
                              (i) a sanction has been imposed under
                            section 821(a) or section 824 of the
                            Nuclear Proliferation Prevention Act of
                            1994 or section 102(b)(1) of the Arms
                            Export Control Act;
                              (ii) sales or leases have been denied
                            under section 3(f) of the Arms Export
                            Control Act or transactions prohibited
                            by reason of acts relating to
                            proliferation of nuclear explosive
                            devices as described in section 40(d)
                            of that Act;
                              (iii) a sanction has not been imposed
                            by reason of section 821(c)(2) of the
                            Nuclear Proliferation Prevention Act of
                            1994 or the imposition of a sanction
                            has been delayed under section
                            102(b)(4) of the Arms Export Control
                            Act; or
                              (iv) a waiver of a sanction has been
                            made under--
                                      (I) section 821(f) or section
                                    824 of the Nuclear
                                    Proliferation Prevention Act of
                                    1994,
                                      (II) section 620E(d) of the
                                    Foreign Assistance Act of 1961,
                                    or paragraph (5) or (6)(B) of
                                    section 102(b) of the Arms
                                    Export Control Act,
                                      (III) section 40(g) of the
                                    Arms Export Control Act with
                                    respect to the last sentence of
                                    section 40(d) of that Act, or
                                      (IV) section 614 of the
                                    Foreign Assistance Act of 1961
                                    with respect to section 620E of
                                    that Act or section 3(f), the
                                    last sentence of section 40(d),
                                    or 102(b)(1) of the Arms Export
                                    Control Act; and
                      (C) the progress of those independent states
                    of the former Soviet Union that are non-
                    nuclear-weapon states and of the Baltic states
                    towards achieving the objective of applying
                    full scope safeguards to all their peaceful
                    nuclear activities.
    Portions of the information required by paragraph (6) may be
    submitted in classified form, as necessary. Any such
    information that may not be published or disclosed under
    section 12(c)(1) of the Export Administration Act of 1979 shall
    be submitted as confidential.\37\
        (b) In the first report required by this section, the
    President shall analyze each civil agreement for cooperation
    negotiated pursuant to section 123 of the 1954 Act, and shall
    discuss the scope and adequacy of the requirements and
    obligations relating to safeguards and other controls therein.

                               additional reports

        Sec. 602.\38\ (a) The annual reports to the Congress by the
    Commission and the Department of Energy which are otherwise
    required by law shall also include views and recommendations
    regarding the policies and actions of the United States to
    prevent proliferation which are the statutory responsibility of
    those agencies. The Department's report shall include a
    detailed analysis of the proliferation implications of advanced
    enrichment and reprocessing techniques, advanced reactors, and
    alternative nuclear fuel cycles. This part of the report shall
    include a comprehensive version which includes any relevant
    classified information and a summary unclassified version.
    ---------------------------------------------------------------------------
        \38\ 22 U.S.C. 3282.
    ---------------------------------------------------------------------------
        (b) The reporting requirements of this title are in
    addition to and not in lieu of any other reporting requirements
    under applicable law.
        (c) \39\ (1) The Department of State, the Department of
    Defense, the Department of Commerce, the Department of Energy,
    the Commission, and, with regard to subparagraph (B), the
    Director of Central Intelligence, shall keep the Committees on
    Foreign Relations and Governmental Affairs of the Senate and
    the Committee on International Relations of the House of
    Representatives fully and currently informed with respect to--
    ---------------------------------------------------------------------------
        \39\ Sec. 1131 of the National Security and Corporate Fairness
    under the Biological Weapons Convention Act (chapter 2 of title XI of
    H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-
    113 (113 Stat. 1536) amended and restated subsec. (c). It formerly read
    as follows:
        ``(c) The Department of State, the Department of Defense, the
    Department of Commerce, the Department of Energy, and the Commission
    shall keep the Committees on Foreign Relations and Governmental Affairs
    of the Senate and the Committee on International Relations of the House
    of Representatives fully and currently informed with respect to their
    activities to carry out the purposes and policies of this Act and to
    otherwise prevent proliferation, and with respect to the current
    activities of foreign nations which are of significance from the
    proliferation standpoint.''.
        Sec. 1134 of that Act, furthermore, provided the following:
    ---------------------------------------------------------------------------

    ``sec. 1134. provision of certain information to congress.
    ---------------------------------------------------------------------------

        ``(a) Requirement To Provide Information.--The head of each
    department and agency described in section 602(c) of the Nuclear Non-
    Proliferation Act of 1978 (22 U.S.C. 3282(c)) shall promptly provide
    information to the chairman and ranking minority member of the
    Committee on Foreign Relations of the Senate and the Committee on
    International Relations of the House of Representatives in meeting the
    requirements of subsection (c) of (d) of section 602 of such Act.
        ``(b) Issuance of Directives.--Not later than February 1, 2000, the
    Secretary of State, the Secretary of Defense, the Secretary of
    Commerce, the Secretary of Energy, the Director of Central
    Intelligence, and the Chairman of the Nuclear Regulatory Commission
    shall issue directives, which shall provide access to information,
    including information contained in special access programs, to
    implement their responsibilities under subsections c) and (d) of
    section 602 of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C.
    3282(c) and (d)). Copies of such directives shall be forwarded promptly
    to the Committee on Foreign Relations of the Senate and the Committee
    on International Relations of the House of Representatives upon the
    issuance of the directives.''.
    ---------------------------------------------------------------------------
              (A) their activities to carry out the purposes and
            policies of this Act and to otherwise prevent
            proliferation, including the proliferation of nuclear,
            chemical, or biological weapons, or their means of
            delivery; and
              (B) the current activities of foreign nations which
            are of significance from the proliferation standpoint.
        (2) For the purposes of this subsection with respect to
    paragraph (1)(B), the phrase ``fully and currently informed''
    means the transmittal of credible information not later than 60
    days after becoming aware of the activity concerned.
        (d) Any classified portions of the reports required by this
    Act shall be submitted to the Senate Foreign Relations
    Committee and the House International Relations Committee.
        (e) Three years after enactment of this Act, the
    Comptroller General shall complete a study and report to the
    Congress on the implementation and impact of this Act on the
    nuclear non-proliferation policies, purposes, and objectives of
    this Act. The Secretaries of State, Energy, Defense, and
    Commerce and the Commission \40\ shall cooperate with the
    Comptroller General in the conduct of the study. The report
    shall contain such recommendations as the Comptroller General
    deems necessary to support the nuclear non-proliferation
    policies, purposes, and objectives of this Act.
    ---------------------------------------------------------------------------
        \40\ Sec. 1225(e)(6)(B) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-775) struck out ``and the Director'' at this
    point.
    ---------------------------------------------------------------------------
        (f) \41\ (1) The Secretary of Defense shall have access, on
    a timely basis, to all information regarding nuclear
    proliferation matters which the Secretary of State or the
    Secretary of Energy has or is entitled to have. Such access
    shall include access to all communications, materials,
    documents, and records relating to nuclear proliferation
    matters.
    ---------------------------------------------------------------------------
        \41\ Sec. 1370 of the National Defense Authorization Act for Fiscal
    Year 1987 (Public Law 99-661; 100 Stat. 4004) added subsec. (f).
    ---------------------------------------------------------------------------
        (2) This subsection does not apply to any intradepartmental
    document of the Department of State or the Department of
    Energy, or any portion of such document, that is solely
    concerned with internal, confidential advice on policy
    concerning the conduct of interagency deliberations on nuclear
    proliferation matters.

                                 saving clause

        Sec. 603.\42\ (a) All orders, determinations, rules,
    regulations, permits, contracts, agreements, certificates,
    licenses, and privileges--
    ---------------------------------------------------------------------------
        \42\ 42 U.S.C. 2153f.
    ---------------------------------------------------------------------------
              (1) which have been issued, made, granted, or allowed
            to become effective in the exercise of functions which
            are the subject of this Act, by (i) any agency or
            officer, or part thereof, in exercising the functions
            which are affected by this Act, or (ii) any court of
            competent jurisdiction, and
              (2) which are in effect at the time this Act takes
            effect,
    shall continue in effect according to their terms until
    modified, terminated, superseded, set aside, or repealed as the
    case may be, by the parties thereto or by any court of
    competent jurisdiction.
        (b) Nothing in this Act shall affect the procedures or
    requirements applicable to agreements for cooperation entered
    into pursuant to section 91 c., 144 b., or 144 c. of the 1954
    Act or arrangements pursuant thereto as it was in effect
    immediately prior to the date of enactment of this Act.
        (c) Except where otherwise provided, the provisions of this
    Act shall take effect immediately upon enactment regardless of
    any requirement for the promulgation of regulations to
    implement such provisions.
              (2) Functions Relating to Nuclear Non-Proliferation

    Executive Order 12058, May 11, 1978, 43 F.R. 20947, 22 U.S.C. 3201 note

        By virtue of the authority vested in me by the Nuclear Non-
    Proliferation Act of 1978 (Public Law 95-242, 92 Stat. 120, 22
    U.S.C. 3201) and the Atomic Energy Act of 1954, as amended (42
    U.S.C. 2011 et seq.), and Section 301 of Title 3 of the United
    States Code, and as President of the United States of America,
    it is hereby ordered as follows:
        Section 1. Department of Energy. The following functions
    vested in the President by the Nuclear Non-Proliferation Act of
    1978 (92 Stat. 120, 22 U.S.C. 3201), hereinafter referred to as
    the Act, and by the Atomic Energy Act of 1954, as amended (42
    U.S.C. 2011 et seq.), hereinafter referred to as the 1954 Act,
    are delegated or assigned to the Secretary of Energy:
        (a) That function vested by Section 402(b) of the Act (92
    Stat. 145, 42 U.S.C. 2153a).
        (b) Those functions vested by Sections 131a(2)(G), 131b(1),
    and 131f(2) of the 1954 Act (92 Stat. 127, 42 U.S.C. 2160).
        (c) That function vested by Section 131f(1)(A)(ii) of the
    1954 Act to the extent it relates to the preparation of a
    detailed generic plan.
        Sec. 2. Department of State. The Secretary of State shall
    be responsible for performing the following functions vested in
    the President:
        (a) Those functions vested by Sections 104(a), 104(d), 105,
    403, 404, 407, and 501 of the Act (92 Stat. 122, 123, 146, 147,
    and 22 U.S.C. 3223(a), 3223(d), 3224, and 42 U.S.C. 2153b,
    2153c, 2153e, and 22 U.S.C. 3261).
        (b) That function vested by Section 128a(2) of the 1954 Act
    (92 Stat. 137, 42 U.S.C. 2157(a)(2)).
        (c) That function vested by Section 601 of the Act to the
    extent it relates to the preparation of an annual report.
        (d) The preparation of timely information and
    recommendations related to the President's functions vested by
    Sections 126, 128b, and 129 of the 1954 Act (92 Stat. 131, 137,
    and 138, 42 U.S.C. 2155, 2157, and 2158).
        (e) That function vested by Section 131c of the 1954 Act
    (92 Stat. 129, 42 U.S.C. 2160(c)); except that, the Secretary
    shall not waive the 60-day requirement for the preparation of a
    Nuclear Non-Proliferation Assessment Statement for more than 60
    days without the approval of the President.
        Sec. 3. Department of Commerce. The Secretary of Commerce
    shall be responsible for performing the function vested in the
    President by Section 309(c) of the Act (92 Stat. 141, 42 U.S.C.
    2139a).
        Sec. 4. Coordination. In performing the functions assigned
    to them by this Order, the Secretary of Energy and the
    Secretary of State shall consult and coordinate their actions
    with each other and with the heads of other concerned agencies.
        Sec. 5. General Provisions. (a) Executive Order No. 11902
    of February 2, 1976, entitled ``Procures for an Export
    Licensing Policy as to Nuclear Materials and Equipment,'' is
    revoked.
        (b) The performance of functions under either the Act or
    the 1954 Act shall not be delayed pending the development of
    procedures, even though as many as 120 days are allowed for
    establishing them. Except where it would be inconsistent to do
    so, such functions shall be carried out in accordance with
    procedures similar to those in effect immediately prior to the
    effective date of the Act.
                         (3) Export of Nuclear Material

                 (A) U.S. Exports of Low-Enriched Uranium Fuel

     Public Law 96-280 [S.J. Res. 89], 94 Stat. 550, approved June 18, 1980

       JOINT RESOLUTION Permitting the supply of additional low enriched
      uranium fuel under international agreements for cooperation in the
             civil uses of nuclear energy, and for other purposes.

    Whereas the Nuclear Non-Proliferation Act of 1978 urges the
        United States to provide a reliable supply of nuclear fuel
        to those nations which adhere to policies designed to
        prevent the proliferation of nuclear weapons; and
    Whereas the United States, in order to achieve the goals of
        that Act should be able to continue to supply low-enriched
        uranium fuel to nations that have entered into good faith
        negotiations as called for in section 404(a) of the Act;
        and
    Whereas pending such negotiations, limitations now contained in
        certain agreements for cooperation on the amount of low-
        enriched uranium which may be supplied thereunder are
        insufficient to permit adequate assurance of supplies: Now,
        therefore, be it
        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled,
        Section 1.\1\ Limits contained in agreements for
    cooperation on the amount of low-enriched uranium which may be
    transferred by or exported from the United States pursuant
    thereto shall not be construed to preclude transfer or export
    of amounts of low-enriched uranium in excess of such limits to
    nations which are parties to the Treaty on the Non-
    Proliferation of Nuclear Weapons.
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 2153c note.
    ---------------------------------------------------------------------------
        Sec. 2.\1\ (a) The terms used in this joint resolution
    shall have the meanings ascribed to them by the Atomic Energy
    Act of 1954 and by the Nuclear Non-Proliferation Act of 1978.
        (b) The term ``low-enriched uranium'' means uranium
    enriched to less than 20 per centum in the isotope 235.
         (B) Export of Special Nuclear Material and Components to India

      Executive Order 12218, June 19, 1980, 45 F.R. 41625, 42 U.S.C. 2155
                                      note

        By the authority vested in me as President by the
    Constitution and statutes of the United States of America,
    including Section 126b. (2) of the Atomic Energy Act of 1954,
    as amended (42 U.S.C. 2155(b)(2)), and having determined that
    withholding the exports proposed pursuant to Nuclear Regulatory
    Commission export license applications XSNM-1379, XSNM-1569,
    XCOM-0240, XCOM-0250, XCOM-0376, XCOM-0381 and XCOM-0395, would
    be seriously prejudicial to the achievement of United States
    non-proliferation objectives and would otherwise jeopardize the
    common defense and security, those exports to India are
    authorized; however, such exports shall not occur for a period
    of 60 days as defined by Section 130 g. of the Atomic Energy
    Act of 1954, as amended (42 U.S.C. 2159(g)).
                (C) Export of Special Nuclear Material to India

     Executive Order 12055, April 27, 1978, 43 F.R. 18157, 42 U.S.C. 2155
                                      note

        By virtue of the authority vested in me as President by the
    Constitution of the United States of America and by Section
    126b(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2155), as
    amended by Section 304(a) of the Nuclear Non-Proliferation Act
    of 1978 (Public Law 95-242, 92 Stat. 131), and having
    determined that withholding the export proposed pursuant to
    Nuclear Regulatory Commission export license application XSNM-
    1060 would be seriously prejudicial to the achievement of the
    United States non-proliferation objectives, that export to
    India is authorized; however, such export shall not occur for a
    period of 60 days as defined by Section 130g of the Atomic
    Energy Act of 1954, as amended.
          (4) Department of Energy Act of 1978--Civilian Applications

    Partial text of Public Law 95-238 [S. 1340], 92 Stat. 47 at 59 and 75,
                           approved February 25, 1978

      AN ACT To authorize appropriations to the Department of Energy, for
     energy research, development, and demonstration, and related programs
      in accordance with section 261 of the Atomic Energy Act of 1954, as
      amended, section 305 of the Energy Reorganization Act of 1974, and
     section 16 of the Federal Non-Nuclear Energy Research and Development
                      Act of 1974, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Department of Energy Act of 1978--
    Civilian Applications''.
              * * * * * * *
        Sec. 203.\1\ The Secretary of Energy, in cooperation with
    the Secretary of State, shall report to the Committees on
    Science and Technology and International Relations of the House
    of Representatives and the Committees on Energy and Natural
    Resources and Foreign Relations of the Senate, within six
    months after the date of the enactment of this Act, on the
    effects of the April 20, 1977, message from the President of
    the United States, ``Establishing for the United States a
    Strong and Effective Nuclear Non-Proliferation Policy'', on
    nuclear research and development cooperative agreements. This
    report shall include impacts of the message and related
    initiatives through the promulgation, repeal, or modification
    of Executive orders, Presidential proclamation, treaties, other
    international agreements, and other pertinent documents of the
    President, the Executive Office of the President, the
    administrative agencies, and the departments, on cooperation
    between the United States and any other nation in the research,
    development, demonstration, and commercialization of all
    nuclear fission and nuclear fusion technologies. After the
    initial report, the Administrator shall report to such
    Committees on each subsequent major related initiative.
    ---------------------------------------------------------------------------
        \1\ Formerly at 22 U.S.C. 2429 note. Former sec. 2429 dealt with
    safeguards and prohibitions concerning U.S. assistance to countries
    providing or receiving nuclear enrichment transfers to or from other
    states. Sec. 826(b) of the Nuclear Proliferation Prevention Act of 1994
    (title VIII of Public Law 103-236; 108 Stat. 519) repealed 22 U.S.C.
    2429.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 208.\2\ (a) The Secretary of Energy shall--
    ---------------------------------------------------------------------------
        \2\ 42 U.S.C. 5556a.
    ---------------------------------------------------------------------------
              (1) * * *
              (2) * * *
              (3) initiate and conduct a study involving the
            prospects for applications of solar photovoltaic energy
            systems for power generation in foreign countries,
            particularly lesser developed countries, and the
            potential for the exportation of these energy systems.
            This study shall involve the cooperation of the
            Department of State and the Department of Commerce, as
            well as other Federal agencies which the Secretary of
            Energy deems appropriate. A final report shall be
            submitted to the Congress, as well as a preliminary
            report within twelve months of the enactment of this
            Act * * *
              * * * * * * *
                   v. Atomic Energy Act and Related Materials

                   (1) Atomic Energy Act of 1954, as amended

     Partial text of Public Law 83-703 [H.R. 9757], 68 Stat. 919, approved
    August 30, 1954; as amended by Public Law 84-337 [H.R. 7684], 69 Stat.
    630, approved August 9, 1955; Public Law 84-722 [H.R. 11926], 70 Stat.
      553, approved July 14, 1956; Public Law 84-1006 [S. 4203], 70 Stat.
     1069, approved August 6, 1956; Public Law 85-14 [H.R. 5866], 71 Stat.
    11, approved April 12, 1957; Public Law 85-79 [S. 2243], 71 Stat. 274,
      approved July 3, 1957; Public Law 85-162 [H.R. 8996], 71 Stat. 410,
       approved August 21, 1957; Public Law 85-177 [International Atomic
     Energy Participation Act of 1957; H.R. 8992], 71 Stat. 453, approved
    August 28, 1957; Public Law 85-256 [H.R. 7383], 71 Stat. 576, approved
        September 2, 1957; Public Law 85-287 [H.R. 8994], 71 Stat. 612,
     approved September 4, 1957; Public Law 85-479 [H.R. 12716], 72 Stat.
      276, approved July 2, 1958; Public Law 85-507 [Government Employees
    Training Act; S. 385], 72 Stat. 327, approved July 7, 1958; Public Law
    85-602 [S. 4165], 72 Stat. 525, approved August 8, 1958; Public Law 85-
     681 [H.R. 13482], 72 Stat. 632, approved August 19, 1958; Public Law
    85-744 [H.R. 13455], 72 Stat. 837, approved August 23, 1958; Public Law
    86-43 [S. 1197], 73 Stat. 73, approved June 11, 1959; Public Law 86-50
     [S. 2094], 73 Stat. 81, approved June 23, 1959; Public Law 86-300 [S.
    2569], 73 Stat. 574, approved September 21, 1959; Public Law 86-373 [S.
      2568], 73 Stat. 688, approved September 23, 1959; Public Law 87-206
     [H.R. 8599], 75 Stat. 476, approved September 6, 1961; Public Law 87-
     615 [S. 3491], 76 Stat. 409, approved August 29, 1962; Public Law 87-
      793 [Postal Service and Federal Employees Salary Act of 1962; H.R.
     7927], 76 Stat. 832, approved October 11, 1962; Public Law 88-72 [S.
       1745], 77 Stat. 84, approved July 22, 1963; Public Law 88-294 [S.
      2448], 78 Stat. 172, approved March 26, 1964; Public Law 88-394 [S.
        2963], 78 Stat. 376, approved August 1, 1964; Public Law 88-426
    [Government Employees Salary Reform Act of 1964; H.R. 11049], 78 Stat.
      423, approved August 14, 1964; Public Law 88-448 [Dual Compensation
    Act; H.R. 7381], 78 Stat. 484, approved August 19, 1964; Public Law 88-
     489 [Private Ownership of Special Nuclear Materials Act; S. 3075], 78
    Stat. 602, approved August 26, 1964; Public Law 89-135 [H.R. 8856], 79
     Stat. 551, approved August 24, 1965; Public Law 89-210 [S. 2042], 79
    Stat. 855, approved September 29, 1965; Public Law 89-645 [S. 3830], 80
     Stat. 891, approved October 13, 1966; Public Law 90-190 [S. 2644], 81
    Stat. 575, approved December 14, 1967; Public Law 91-161 [S. 3169], 83
      Stat. 444, approved December 24, 1969; Public Law 91-452 [Organized
     Crime Control Act of 1970; S. 30], 84 Stat. 922, approved October 15,
    1970; Public Law 91-560 [H.R. 18679], 84 Stat. 1472, approved December
     19, 1970; Public Law 92-84 [H.R. 9388], 85 Stat. 304, approved August
     11, 1971; Public Law 92-307 [H.R. 14655], 86 Stat. 191, approved June
     2, 1972; Public Law 92-314 [S. 3607], 86 Stat. 227, approved June 16,
     1972; Public Law 93-377 [S. 3669], 88 Stat. 472, approved August 17,
       1974; Public Law 93-438 [Energy Reorganization Act of 1974; H.R.
    11510], 88 Stat. 1233, approved October 11, 1974; Public Law 93-485 [S.
    3698], 88 Stat. 1460, approved October 26, 1974; Public Law 93-514 [S.
      3802], 88 Stat. 1611, approved December 6, 1974; Public Law 94-197
     [H.R. 8631], 89 Stat. 1111, approved December 31, 1975; Public Law 95-
     110 [S. 1153], 91 Stat. 884, approved September 20, 1977; Public Law
    95-242 [Nuclear Nonproliferation Act of 1978; H.R. 8638], 92 Stat. 120,
     approved March 10, 1978; Public Law 95-601 [S. 2584], 92 Stat. 2947,
      approved November 6, 1978; Public Law 95-604 [Uranium Mill Tailings
      Radiation Control Act of 1978; H.R. 13650], 92 Stat. 3021, approved
    November 8, 1978; Public Law 96-106 [Surface Transportation Assistance
       Act of 1978; H.R. 4249], 93 Stat. 796, approved November 9, 1978;
                   Public Law 96-295 [S. 562], 94 Stat. 780,

         approved June 30, 1980; Public Law 97-90 [Department of Energy
         National Security and Military Applications of Nuclear Energy
    Authorization Act of 1982; H.R. 3413], 95 Stat. 1163, approved December
    4, 1983; Public Law 97-164 [Federal Courts Improvement Act; H.R. 4482],
    96 Stat. 25, approved April 2, 1982; Public Law 97-415 [H.R. 2330], 96
        Stat. 2067, approved January 4, 1983; Public Law 99-64 [Export
     Administration Act of 1985; S. 883], 99 Stat. 120, approved July 12,
    1985; Public Law 99-399 [Omnibus Diplomatic Security and Antiterrorism
       Act of 1986; H.R. 4151], 100 Stat. 853, approved August 27, 1986;
    Public Law 100-408 [Price-Anderson Amendments Act of 1988; H.R. 1414],
    102 Stat. 1066, approved August 20, 1988; Public Law 101-189 [National
     Defense Authorization Act for Fiscal Years 1990 and 1991; H.R. 2461],
    103 Stat. 1352, approved November 29, 1989; Public Law 101-575 [Solar,
     Wind, Waste, and Geothermal Power Production Incentives Act of 1990;
    H.R. 4808], 104 Stat. 2834, approved November 15, 1990; Public Law 102-
      484 [National Defense Authorization Act for Fiscal Year 1993; H.R.
     5006], 106 Stat. 2315, approved October 23, 1992; Public Law 102-486
    [Energy Policy Act of 1992; H.R. 776], 106 Stat. 2776, approved October
     24, 1992; Public Law 103-160 [National Defense Authorization Act for
      Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, approved November 30,
     1993; Public Law 103-236 [Foreign Relations Authorization Act, Fiscal
      Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30,
    1994; Public Law 103-337 [National Defense Authorization Act for Fiscal
     Year 1995; S. 2182], 108 Stat. 2663, approved October 5, 1994; Public
     Law 103-437 [U.S.C. Technical Amendments; H.R. 4777], 108 Stat. 4581,
        approved November 2, 1994; Public Law 104-106 [National Defense
       Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186,
    approved February 10, 1996; Public Law 104-134 [USEC Privatization Act,
      subchapter A of chapter 1 of title III of the Omnibus Consolidated
    Rescissions and Appropriations Act of 1996; H.R. 3019], 110 Stat. 1321,
     approved April 26, 1996; Public Law 104-184 [House of Representatives
    Administrative Reform Technical Corrections Act; H.R. 2739], 110 Stat.
      1718, approved August 20, 1996; Public Law 105-85 [National Defense
      Authorization Act for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629,
     approved November 18, 1997; Public Law 105-277 [Omnibus Consolidated
     and Emergency Supplemental Appropriations Act, 1999; H.R. 4328], 112
      Stat. 2681, approved October 21, 1998; Public Law 106-65 [National
      Defense Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat.
    512, approved October 5, 1999; Public Law 108-458 [Intelligence Reform
        and Terrorism Prevention Act of 2004; S. 2845], 118 Stat. 3638,
     approved December 17, 2004; and Public Law 109-58 [Energy Policy Act
             2005; H.R. 6], 119 Stat. 594, approved August 8, 2005

    ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                           Note.--The Atomic Energy Commission was abolished and its functions were transferred to the                           Certain functions of the Nuclear Regulatory Commission were transferred to the Chairman thereof. See
                              Reorganization Plan No. 1 of 1980 (45 F.R. 40561; 94 Stat. 3585; 42 U.S.C. 5841 note).--------------------------------------------------------------------------------------------------------------------------------------------------------

      AN ACT To amend the Atomic Energy Act of 1946, as amended, 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
    Atomic Energy Act of 1946, as amended, is amended to read as
    follows:

                           ATOMIC ENERGY ACT OF 1954

                           TITLE I--ATOMIC ENERGY \1\

                 Chapter 1. Declaration, Findings, and Purpose

        Section 1.\2\ Declaration.--Atomic energy is capable of
    application for peaceful as well as military purposes. It is
    therefore declared to be the policy of the United States that--
    ---------------------------------------------------------------------------
        \1\ Sec. 902(a)(8) of the Energy Policy Act of 1992 (Public Law
    102-486; 106 Stat. 2944) inserted title designation, and sec. 901 of
    that Act added ``Title II--United States Enrichment Corporation'' at 42
    U.S.C. 2297 et seq.
        \2\ 42 U.S.C. 2011.
    ---------------------------------------------------------------------------
              a. the development, use, and control of atomic energy
            shall be directed so as to make the maximum
            contribution to the general welfare, subject at all
            times to the paramount objective of making the maximum
            contributions to the common defense and security; and
              b. the development, use, and control of atomic energy
            shall be directed so as to promote world peace, improve
            the general welfare, increase the standard of living,
            and strengthen free competition in private enterprise.
        Sec. 2.\3\ Findings.--The Congress of the United States
    hereby makes the following findings concerning the development,
    use, and control of atomic energy:
    ---------------------------------------------------------------------------
        \3\ 42 U.S.C. 2012. Sec. 20 of the Private Ownership of Special
    Nuclear Materials Act (Public Law 88-489; 78 Stat. 602) read as
    follows:
        ``Nothing in this Act shall be deemed to diminish existing
    authority of the United States, or of the Atomic Energy Commission
    under the Atomic Energy Act of 1954, as amended, to regulate source,
    byproduct, and special nuclear material and production and utilization
    facilities, or to control such materials and facilities exported from
    the United States by imposition of governmental guarantees and security
    safeguards with respect thereto, in order to assure the common defense
    and security and to protect the health and safety of the public, or to
    reduce the responsibility of the Atomic Energy Commission to achieve
    such objectives.''.
    ---------------------------------------------------------------------------
        a. The development, utilization, and control of atomic
    energy for military and for all other purposes are vital to the
    common defense and security.
        c.\4\ The processing and utilization of source, byproduct,
    and special nuclear material affect interstate and foreign
    commerce and must be regulated in the national interest.
    ---------------------------------------------------------------------------
        \4\ Sec. 1 of Public Law 88-489 (78 Stat. 602) deleted subsec. b.,
    which formerly read as follows:
        ``b. In permitting the property of the United States to be used by
    others, such use must be regulated in the national interest and in
    order to provide for the common defense and security and to protect the
    health and safety of the public.''.
    ---------------------------------------------------------------------------
        d. The processing and utilization of source, byproduct, and
    special nuclear material must be regulated in the national
    interest and in order to provide for the common defense and
    security and to protect the health and safety of the public.
        e. Source and special nuclear material, production
    facilities, and utilization facilities are affected with the
    public interest, and regulation by the United States of the
    production and utilization of atomic energy and of the
    facilities used in connection therewith is necessary in the
    national interest to assure the common defense and security and
    to protect the health and safety of the public.
        f. The necessity for protection against possible interstate
    damage occurring from the operation of facilities for the
    production or utilization of source or special nuclear material
    places the operation of those facilities in interstate commerce
    for the purposes of this Act.
        g. Funds of the United States may be provided for the
    development and use of atomic energy under conditions which
    will provide for the common defense and security and promote
    the general welfare.
        i.\5\ In order to protect the public and to encourage the
    development of the atomic energy industry, in the interest of
    the general welfare and of the common defense and security, the
    United States may make funds available for a portion of the
    damages suffered by the public from nuclear incidents, and may
    limit the liability of those persons liable for such losses.
    ---------------------------------------------------------------------------
        \5\ Sec. 2 of Public Law 88-489 (78 Stat. 602) deleted subsec. h.,
    which formerly read as follows:
        ``h. It is essential to the common defense and security that title
    to all special nuclear material be in the United States while such
    special material is within the United States.''.
        Sec. 1 of Public Law 88-256 (71 Stat. 576) (1957) added subsec. i.
    ---------------------------------------------------------------------------
        Sec. 3.\6\ Purpose.--It is the purpose of this Act to
    effectuate the policies set forth above by providing for--
    ---------------------------------------------------------------------------
        \6\ 42 U.S.C. 2013.
    ---------------------------------------------------------------------------
              a. a program of conducting, assisting, and fostering
            research and development in order to encourage maximum
            scientific and industrial progress;
              b. a program for the dissemination of unclassified
            scientific and technical information and for the
            control, dissemination, and declassification of
            Restricted Data, subject to appropriate safeguards, so
            as to encourage scientific and industrial progress;
              c.\7\ a program for Government control of the
            possession, use, and production of atomic energy and
            special nuclear material, whether owned by the
            Government or others, so directed as to make the
            maximum contributions to the common defense and
            security and the national welfare, and to provide
            continued assurance of the Government's ability to
            enter into and enforce agreements with nations or
            groups of nations for the control of special nuclear
            materials and atomic weapons;
    ---------------------------------------------------------------------------
        \7\ Sec. 3 of Public Law 88-489 (78 Stat. 602) amended subsec. c.,
    which formerly read as follows:
        ``c. A program for Government control of the possession, use, and
    production of atomic energy and special nuclear material so directed as
    to make the maximum contribution to the common defense and security and
    the national welfare;''.
    ---------------------------------------------------------------------------
              d. a program to encourage widespread participation in
            the development and utilization of atomic energy for
            peaceful purposes to the maximum extent consistent with
            the common defense and security and with the health and
            safety of the public;
              e. a program of international cooperation to promote
            the common defense and security and to make peaceful
            applications of atomic energy as widely as expanding
            technology and considerations of the common defense and
            security will permit; and
              f. a program of administration which will be
            consistent with the foregoing policies and programs,
            with international arrangements, and with agreements
            for cooperation, which will enable the Congress to be
            currently informed so as to take further legislative
            action as may be appropriate.

                             Chapter 2. Definitions

        Sec. 11.\8\ Definitions.--The intent of Congress in the
    definitions as given in this section should be construed from
    the words or phrases used in the definitions. As used in this
    Act:
    ---------------------------------------------------------------------------
        \8\ 42 U.S.C. 2014.
    ---------------------------------------------------------------------------
        a. The term ``agency of the United States'' means the
    executive branch of the United States, or any Government
    agency, or the legislative branch of the United States, or any
    agency, committee, commission, office, or other establishment
    in the legislative branch, or the judicial branch of the United
    States, or any office, agency, committee, commission, or other
    establishment in the judicial branch.
        b. The term ``agreement for cooperation'' means any
    agreement with another nation or regional defense organization
    authorized or permitted by sections 54, 57, 64, 82, 91 c.,\9\
    103, 104, or 144, and made pursuant to section 123.
    ---------------------------------------------------------------------------
        \9\ Sec. 2 of Public Law 87-206 (75 Stat. 476) restated subsec. b.,
    adding a reference to sec. 91 c.
    ---------------------------------------------------------------------------
        c. The term ``atomic energy'' means all forms of energy
    released in the course of nuclear fission or nuclear
    transformation.
        d. The term ``atomic weapon'' means any device utilizing
    atomic energy, exclusive of the means for transporting or
    propelling the device (where such means is a separable and
    divisible part of the device), the principal purpose of which
    is for use as, or for development of, a weapon, a weapon
    prototype, or a weapon test device.
        e.\10\ The term ``byproduct material'' means--
    ---------------------------------------------------------------------------
        \10\ Sec. 201 of Public Law 95-604 (92 Stat. 3033) amended and
    restated subsec. e. The former definition of ``byproduct material''
    included only the text found in para. (1) of the current subsec. e.
    ---------------------------------------------------------------------------
              (1) any radioactive \11\ material (except special
            nuclear material) yielded in or made radioactive by
            exposure to the radiation incident to the process of
            producing or utilizing special nuclear material;
    ---------------------------------------------------------------------------
        \11\ Sec. 651(e)(1)(A) of the Energy Policy Act of 2005 (subtitle B
    of title VI of Public Law 109-58; 119 Stat. 806) struck out ``means (1)
    any radioactive'' and inserted in lieu thereof
    ---------------------------------------------------------------------------

    ``means--

      ``(1) any radioactive''.

              (2) the tailings \12\ or wastes produced by the
            extraction or concentration of uranium or thorium from
            any ore processed primarily for its source material
            content;\13\
    ---------------------------------------------------------------------------
        \12\ Sec. 651(e)(1)(B) of the Energy Policy Act of 2005 (subtitle B
    of title VI of Public Law 109-58; 119 Stat. 806) struck out ``material,
    and (2) the tailings'' and inserted in lieu thereof
    ---------------------------------------------------------------------------

    ``material;

      ``(2) the tailings''.
    ---------------------------------------------------------------------------

        \13\ Sec. 651(e)(1)(C) of the Energy Policy Act of 2005 (subtitle B
    of title VI of Public Law 109-58; 119 Stat. 806) struck out
    ``content.'' and inserted in lieu thereof
    ---------------------------------------------------------------------------

    ``content;

      ``(3)(A) any discrete source of radium-226 that is produced, * * * ''

    and so on through the end of para. (4) of subsec. e.

              (3)(A) any discrete source of radium-226 that is
            produced, extracted, or converted after extraction,
            before, on, or after the date of enactment of this
            paragraph for use for a commercial, medical, or
            research activity; or
              (B) any material that--
                      (i) has been made radioactive by use of a
                    particle accelerator; and
                      (ii) is produced, extracted, or converted
                    after extraction, before, on, or after the date
                    of enactment of this paragraph for use for a
                    commercial, medical, or research activity; and
              (4) any discrete source of naturally occurring
            radioactive material, other than source material,
            that--
                      (A) the Commission, in consultation with the
                    Administrator of the Environmental Protection
                    Agency, the Secretary of Energy, the Secretary
                    of Homeland Security, and the head of any other
                    appropriate Federal agency, determines would
                    pose a threat similar to the threat posed by a
                    discrete source of radium-226 to the public
                    healthand safety or the common defense and
                    security; and
                      (B) before, on, or after the date of
                    enactment of this paragraph is extracted or
                    converted after extraction for use in a
                    commercial, medical, or research activity.
        f. The term ``Commission'' means the Atomic Energy
    Commission.
        g. The term ``common defense and security'' means the
    common defense and security of the United States.
        h. The term ``defense information'' means any information
    in any category determined by any Government agency authorized
    to classify information, as being information respecting,
    relating to, or affecting the national defense.
        i. The term ``design'' means (1) specifications, plans,
    drawings, blueprints, and other items of like nature; (2) the
    information contained therein; or (3) the research and
    development data pertinent to the information contained
    therein.
        j.\14\ The term ``extraordinary nuclear occurrence'' means
    any event causing a discharge or dispersal of source, special
    nuclear, or byproduct material from its intended place of
    confinement in amounts offsite, or causing radiation levels
    offsite, which the Nuclear Regulatory Commission or the
    Secretary of Energy, as appropriate,\15\ determines to be
    substantial, and which the Nuclear Regulatory Commission or the
    Secretary of Energy, as appropriate,\15\ determines has
    resulted or will probably result in substantial damages to
    persons offsite or property offsite. Any determination by the
    Nuclear Regulatory Commission or the Secretary of Energy, as
    appropriate,\15\ that such an event has, or has not, occurred
    shall be final and conclusive, and no other official or any
    court shall have power or jurisdiction to review any such
    determination. The Nuclear Regulatory Commission or the
    Secretary of Energy, as appropriate,\15\ shall establish
    criteria in writing setting forth the basis upon which such
    determination shall be made. As used in this subsection,
    ``offsite'' means away from ``the location'' or ``the contract
    location'' as defined in the applicable Nuclear Regulatory
    Commission or the Secretary of Energy, as appropriate,\15\
    indemnity agreement, entered into pursuant to section 170.
    ---------------------------------------------------------------------------
        \14\ Sec. 1 of Public Law 98-645 (80 Stat. 891) added subsecs. j.
    and m.
        \15\ Sec. 16(b)(1) of Public Law 100-408 (102 Stat. 1079) struck
    out ``Commission'' and inserted in lieu thereof ``Nuclear Regulatory
    Commission or the Secretary of Energy, as appropriate,''.
    ---------------------------------------------------------------------------
        k.\16\ The term ``financial protection'' means the ability
    to respond in damages for public liability and to meet the
    costs of investigating and defending claims and settling suits
    for such damages.
    ---------------------------------------------------------------------------
        \16\ Sec. 3 of Public Law 85-256 (71 Stat. 576) added subsec. k.
    ---------------------------------------------------------------------------
        l. The term ``Government agency'' means any executive
    department, commission, independent establishment, corporation,
    wholly or partly owned by the United States of America which is
    an instrumentality of the United States, or any board, bureau,
    division, service, office, officer, authority, administration,
    or other establishment in the executive branch of the
    Government.
        m.\14\ The term ``indemnitor'' means (1) any insurer with
    respect to his obligations under a policy of insurance
    furnished as proof of financial protection; (2) any licensee,
    contractor or other person who is obligated under any other
    form of financial protection, with respect to such obligations;
    and (3) the Nuclear Regulatory Commission or the Secretary of
    Energy, as appropriate,\15\ with respect to any obligation
    undertaken by it in an indemnity agreement entered into
    pursuant to section 170.
        n. The term ``international arrangement'' means any
    international agreement hereafter approved by the Congress or
    any treaty during the time such agreement or treaty is in full
    force and effect, but does not include any agreement for
    cooperation.
        o.\17\ The term ``Energy Committees'' means the Committee
    on Energy and Natural Resources of the Senate and the Committee
    on Energy and Commerce of the House of Representatives.
    ---------------------------------------------------------------------------
        \17\ Sec. 15(f)(1) of Public Law 103-437 (108 Stat. 4592) amended
    sec. 11 o. It formerly referred to the Joint Committee on Atomic
    Energy. Sec. 1(a)(4) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Energy and Commerce of the House of
    Representatives shall be treated as referring to the Committee on
    Commerce of the House of Representatives. Sec. 1(c)(1) of that Act (110
    Stat. 187) further provided that any reference in any provision of law
    enacted before January 4, 1995, to the House Committee on Energy and
    Commerce shall be treated as referring to (1) the Committee on
    Agriculture in the case of a provision relating to inspection of
    seafood or seafood products; (2) the Committee on Banking and Financial
    Services in the case of a provision relating to bank capital markets
    activities or depository institution securities; or (3) the Committee
    on Transportation and Infrastructure in the case of a provision
    relating to railroads and railway labor issues.
    ---------------------------------------------------------------------------
        p.\18\ The term ``licensed activity'' means an activity
    licensed pursuant to this Act and covered by the provisions of
    section 170 a.
    ---------------------------------------------------------------------------
        \18\ Sec. 3 of Public Law 85-256 (71 Stat. 576) added subsec. p.
    ---------------------------------------------------------------------------
        q.\19\ The term ``nuclear incident'' means any occurrence,
    including an extraordinary nuclear occurrence \19\ within the
    United States causing, within or outside the United States,
    bodily injury, sickness, disease, or death, or loss of or
    damage to property, or loss of use of property, arising out of
    or resulting from the radioactive, toxic, explosive, or other
    hazardous properties of source, special nuclear, or byproduct
    material: Provided, however, That as the term is used in
    section \20\ 170 l., it shall include any such occurrence
    outside the United States: And provided further, That as the
    term is used in section \20\ 170 d., it shall include any such
    occurrence outside the United States if such occurrence
    involves source, special nuclear, or byproduct material \21\
    owned by, and used by or under contract with, the United
    States: And provided further, That as the term is used in
    section \20\ 170 c., it shall include any such occurrence
    outside both the United States and any other nation if such
    occurrence arises out of or results from the radioactive,
    toxic, explosive, or other hazardous properties of source,
    special nuclear, or byproduct material licensed pursuant to
    chapters 6, 7, 8, and 10 of this Act which is used in
    connection with the operation of a licensed stationary
    production or utilization facility or which moves outside the
    territorial limits of the United States in transit from one
    person licensed by the Nuclear Regulatory Commission \22\ to
    another person licensed by the Nuclear Regulatory
    Commission.\21\, \22\
    ---------------------------------------------------------------------------
        \19\ Sec. 3 of Public Law 85-256 (71 Stat. 576) originally added
    this subsection as subsec. o., and sec. 4 of Public Law 87-615 (76
    Stat. 409) subsequently amended and restated this subsection, which
    formerly read as follows:
        ``o. The term `nuclear incident' means any occurrence within the
    United States causing bodily injury, sickness, disease, or death, or
    loss of or damage to property, or for loss of use of property, arising
    out of or resulting from the radioactive, toxic, explosive, or other
    hazardous properties of source, special nuclear, or byproduct material:
    Provided, however, That as the term is used in subsection 170 l., it
    shall mean any such occurrence outside of the United States rather than
    within the United States.''.
        Sec. 1 of Public Law 89-645 (80 Stat. 891) redesignated subsec. o.
    as ``q.'' and inserted ``including an extraordinary nuclear
    occurrence''.
        \20\ Sec. 16(d)(1) of Public Law 100-408 (102 Stat. 1079) struck
    out ``subsection ''and inserted in lieu thereof ``section''.
        \21\ Sec. 1 of Public Law 94-197 (89 Stat. 1111) struck out ``a
    facility or device'' in the second proviso and inserted in lieu thereof
    ``source, special nuclear, or byproduct material'', and added the third
    proviso.
        \22\ Sec. 16(a)(1) of Public Law 100-408 (102 Stat. 1079) struck
    out ``Commission'' and inserted in lieu thereof ``Nuclear Regulatory
    Commission''.
    ---------------------------------------------------------------------------
        r. The term ``operator'' means any individual who
    manipulates the controls of a utilization or production
    facility.
        s. The term ``person'' means (1) any individual,
    corporation, partnership, firm, association, trust, estate,
    public or private institution, group, Government agency, other
    than the Commission, any State or any political subdivision of,
    or any political entity within a State, any foreign government
    or nation or any political subdivision of any such government
    or nation, or other entity; and (2) any legal successor,
    representative, agent, or agency of the foregoing.
        t.\23\ The term ``person indemnified'' means (1) with
    respect to a nuclear incident occurring within the United
    States or outside the United States as the term is used in
    section \24\ 170 c., and with respect to any other nuclear
    incident in connection with the design, development,
    construction, operation, repair, maintenance, or use of the
    nuclear ship Savannah, the person with whom an indemnity
    agreement is executed or who is required to maintain financial
    protection, and any other person who may be liable for public
    liability or (2) with respect to any other nuclear incident
    occurring outside the United States, the person with whom an
    indemnity agreement is executed and any other person who may be
    liable for public liability by reason of his activities under
    any contract with the Secretary of Energy \25\ or any project
    to which indemnification under the provisions of section \24\
    170 d. has been extended or under any subcontract, purchase
    order or other agreement, of any tier, under any such contract
    or project.
    ---------------------------------------------------------------------------
        \23\ Sec. 3 of Public Law 85-256 (71 Stat. 576) added subsec. t.
    Subsequently, sec. 5 of Public Law 87-615 (76 Stat. 409) and sec. 1 of
    Public Law 94-197 (89 Stat. 1111) amended the subsection.
        \24\ Sec. 16(d)(2) of Public Law 100-408 (102 Stat. 1079) struck
    out ``subsection'' and inserted in lieu thereof ``section''.
        \25\ Sec. 16(b)(2) of Public Law 100-408 (102 Stat. 1079), struck
    out ``Commission'' and inserted in lieu thereof ``Secretary of
    Energy''.
    ---------------------------------------------------------------------------
        u. The term ``produce'', when used in relation to special
    nuclear material, means (1) to manufacture, make, produce, or
    refine special nuclear material; (2) to separate special
    nuclear material from other substances in which such material
    may be contained; or (3) to make or to produce new special
    nuclear material.
        v. The term ``production facility'' means (1) any equipment
    or device determined by rule of the Commission to be capable of
    the production of special nuclear material in such quantity as
    to be of significance to the common defense and security, or in
    such manner as to affect the health and safety of the public;
    or (2) any important component part especially designed for
    such equipment or device as determined by the Commission.
    Except with respect to the export of a uranium enrichment
    production facility,\26\ such term as used in chapters 10 and
    16 shall not include any equipment or device (or important
    component part especially designed for such equipment or
    device) capable of separating the isotopes of uranium or
    enriching uranium in the isotope 235.\27\
    ---------------------------------------------------------------------------
        \26\ Sec. 3116(b) of the USEC Privatization Act (subchapter A,
    chapter 1, title III of Public Law 104-134; 110 Stat. 1321-349) struck
    out ``or the construction and operation of a uranium enrichment
    production facility using Atomic Vapor Laser Isotope Separation
    technology'' following ``facility,''.
        \27\ Sec. 1102 of the Energy Policy Act of 1992 (Public Law 102-
    486; 106 Stat. 2955) amended and restated the last sentence. The former
    subsec. v., which sec. 5 of Public Law 101-575 (104 Stat. 2835)
    originally added, read as follows:
        ``v. Except with respect to the export of a uranium enrichment
    production facility, such term as used in chapters 10 and 16 shall not
    include any equipment or device (or important component part especially
    designed for such equipment or device) capable of separating the
    isotopes of uranium or enriching uranium in the isotope 235.''.
    ---------------------------------------------------------------------------
        w.\28\ The term ``public liability'' means any legal
    liability arising out of or resulting from a nuclear incident
    or precautionary evacuation (including all reasonable
    additional costs incurred by a State, or a political
    subdivision of a State, in the course of responding to a
    nuclear incident or a precautionary evacuation),\29\ except:
    (i) claims under State or Federal workmen's compensation acts
    of employees of persons indemnified who are employed at the
    site of and in connection with the activity where the nuclear
    incident occurs; (ii) claims arising out of an act of war; and
    (iii) whenever used in subsections a., c., and k. of 170,\30\
    claims for loss of, or damage to, or loss of use of property
    which is located at the site of and used in connection with the
    licensed activity which the nuclear incident occurs. ``Public
    liability'' also includes damage to property of persons
    indemnified: Provided, That such property is covered under the
    terms of the financial protection required, except property
    which is located at the site of and used in connection with the
    activity where the nuclear incident occurs.
    ---------------------------------------------------------------------------
        \28\ Sec. 3 of Public Law 85-256 (71 Stat. 576) originally added
    this subsection as subsec. u. Sec. 3 of Public Law 87-206 (75 Stat.
    475) subsequently amended this subsection. Previously, this subsection
    read:
        ``u. The term `public liability' means any legal liability arising
    out or resulting from a nuclear incident, except claims under State or
    Federal Workmen's Compensation Acts of employees or persons indemnified
    who are employed at the site of and in connection with the activity
    where the nuclear incident occurs, and except for claims arising out of
    an act of war. `Public liability' also includes damage to property of
    persons indemnified: Provided, That such property is covered under the
    terms of the financial protection required, except property which is
    located at the site of and used in connection with the activity where
    the nuclear incident occurs.''.
        \29\ Sec. 5(a) of Public Law 100-408 (102 Stat. 1070) added ``or
    precautionary evacuation (including all reasonable additional costs
    incurred by a State, or a political subdivision of a State, in the
    course of responding to a nuclear incident or a precautionary
    evacuation)''.
        \30\ Sec. 16(d)(3) of Public Law 100-408 (102 Stat. 1080), struck
    out ``subsections 170 a., c., and k.'' and inserted in lieu thereof
    ``subsections a., c., and k. of section 170''.
    ---------------------------------------------------------------------------
        x. The term ``research and development'' means (1)
    theoretical analysis, exploration, or experimentation; or (2)
    the extension of investigative findings and theories of a
    scientific or technical nature into practical application for
    experimental and demonstration purposes, including the
    experimental production and testing of models, devices,
    equipment, materials, and processes.
        y. The term ``Restricted Data'' means all data concerning
    (1) design, manufacture, or utilization of atomic weapons; (2)
    the production of special nuclear material; or (3) the use of
    special nuclear material in the production of energy, but shall
    not include data declassified or removed from the Restricted
    Data category pursuant to section 142.
        z. The term ``source material'' means (1) uranium, thorium,
    or any other material which is determined by the Commission
    pursuant to the provisions of section 61 to be source material;
    or (2) ores containing one or more of the foregoing materials,
    in such concentration as the Commission may by regulation
    determine from time to time.
        aa. The term ``special nuclear material'' means (1)
    plutonium, uranium enriched in the isotope 233 or in the
    isotope 235, and any other material which the Commission,
    pursuant to the provisions of section 51, determines to be
    special nuclear material, but does not include source material;
    or (2) any material artificially enriched by any of the
    foregoing, but does not include source material.
        bb.\31\ The term ``United States'' when used in a
    geographical sense includes all Territories and possessions of
    the United States, the Canal Zone and Puerto Rico.
    ---------------------------------------------------------------------------
        \31\ Sec. 1 of Public Law 84-1006 (70 Stat. 1069) amended this
    definition, which previously read:
        ``The term `United States', when used in a geographical sense,
    includes all Territories and possessions of the United States, and the
    Canal Zone.''.
    ---------------------------------------------------------------------------
        cc. The term ``utilization facility'' means (1) any
    equipment or device, except an atomic weapon, determined by
    rule of the Commission to be capable of making use of special
    nuclear material in such quantity as to be of significance to
    the common defense and security, or in such manner as to affect
    the health and safety of the public, or peculiarly adapted for
    making use of atomic energy in such quantity as to be of
    significance to the common defense and security, or in such
    manner as to affect the health and safety of the public; or (2)
    any important component part especially designed for such
    equipment or device as determined by the Commission.
        dd.\32\ The terms ``high-level radioactive waste'' and
    ``spent nuclear fuel'' have the meanings given such terms in
    section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
    10101).
    ---------------------------------------------------------------------------
        \32\ Sec. 4(b) of Public Law 100-408 (102 Stat. 1069) added
    subsecs. dd., ee., and ff.
    ---------------------------------------------------------------------------
        ee.\32\ The term ``transuranic waste'' means material
    contaminated with elements that have an atomic number greater
    than 92, including neptunium, plutonium, americium, and curium,
    and that are in concentrations greater that 10 nanocuries per
    gram, or in such other concentrations as the Nuclear Regulatory
    Commission may prescribe to protect the public health and
    safety.
        ff.\32\ The term ``nuclear waste activities'', as used in
    section 170, means activities subject to an agreement of
    indemnification under subsection d. of such section, that the
    Secretary of Energy is authorized to undertake, under this Act
    or any other law, involving research and development on, spent
    nuclear fuel, high-level radioactive waste, or transuranic
    waste, including (but not limited to) activities authorized to
    be carried out under the Waste Isolation Pilot Project under
    section 213 of Public Law 96-164 (93 Stat. 1265).
        gg.\33\ The term ``precautionary evacuation'' means an
    evacuation of the public within a specified area near a nuclear
    facility, or the transportation route in the case of an
    accident involving transportation of source material, special
    nuclear material, byproduct material, high-level radioactive
    waste, spent nuclear fuel, or transuranic waste to or from a
    production or utilization facility, if the evacuation is--
    ---------------------------------------------------------------------------
        \33\ Sec. 5(b) of Public Law 100-408 (102 Stat. 1070) added subsec.
    gg.
    ---------------------------------------------------------------------------
              (1) the result of any event that is not classified as
            a nuclear incident but that poses imminent danger of
            bodily injury or property damage from the radiological
            properties of source material, special nuclear
            material, byproduct material, high level radioactive
            waste, spent nuclear fuel, or transuranic waste, and
            causes an evacuation; and
              (2) initiated by an official of a State or a
            political subdivision of a State, who is authorized by
            State law to initiate such an evacuation and who
            reasonably determined that such an evacuation was
            necessary to protect the public health and safety.
        hh.\34\ The term ``public liability action'', as used in
    section 170, means any suit asserting public liability. A
    public liability action shall be deemed to be an action arising
    under section 170, and the substantive rules for decision in
    such action shall be derived from the law of the State in which
    the nuclear incident involved occurs, unless such law is
    inconsistent with the provisions of such section.
    ---------------------------------------------------------------------------
        \34\ Sec. 11(b) of Public Law 100-408 (102 Stat. 1076) added
    subsec. hh.
    ---------------------------------------------------------------------------
        jj.\35\ Legal Costs.--As used in section 170, the term
    ``legal costs'' means the costs incurred by a plaintiff or a
    defendant in initiating, prosecuting, investigating, settling,
    or defending claims or suits for damage arising under such
    section.
    ---------------------------------------------------------------------------
        \35\ Sec. 11(d)(2) of Public Law 100-408 (102 Stat. 1078) added
    subsec. jj.
    ---------------------------------------------------------------------------

                          Chapter 3. Organization \36\

              * * * * * * *

                      Chapter 6. Special Nuclear Material

        Sec. 51.\37\ Special Nuclear Material.--The Commission may
    determine from time to time that other material is special
    nuclear material in addition to that specified in the
    definition as special nuclear material. Before making any such
    determination, the Commission must find that such material is
    capable of releasing substantial quantities of atomic energy
    and must find that the determination that such material is
    special nuclear material is in the interest of the common
    defense and security, and the President must have expressly
    assented in writing to the determination. The Commission's
    determination, together with the assent of the President, shall
    be submitted to the Energy Committees \38\ and a period of
    thirty days shall elapse while Congress is in session (in
    computing such thirty days, there shall be excluded the days on
    which either House is not in session because of an adjournment
    for more than three days) before the determination of the
    Commission may become effective: Provided, however, That the
    Energy Committees,\38\ after having received such
    determination, may be resolution in writing, waive the
    conditions of or all or any portion of such thirty-day period.
    ---------------------------------------------------------------------------
        \36\ Sec. 104(a) of the Energy Reorganization Act of 1974 (Public
    Law 93-438; 88 Stat. 1237; 42 U.S.C. 5801-5891) repealed secs. 21 and
    22 (42 U.S.C. 2031 and 2032) of chapter 3, abolishing the Atomic Energy
    Commission created thereunder, vesting its licensing and related
    regulatory authority of facilities under chapters 6, 7, 8, and 10 in a
    new Nuclear Regulatory Commission, and transferring all its other
    functions to a new Energy Research and Development Administration. The
    Department of Energy, established on October 1, 1977, pursuant to the
    Department of Energy Organization Act (Public Law 95-91; 91 Stat. 565)
    and Executive Order 12009 of September 13, 1977 (42 F.R. 46267;
    September 15, 1977), subsequently assumed all functions of the Energy
    Research and Development Administration. See boxnote on page 357.
        \37\ 42 U.S.C. 2071.
        \38\ Sec. 15(f)(2) of Public Law 103-437 (108 Stat. 4592) struck
    out ``Joint Committee'' and inserted in lieu thereof ``Energy
    Committees''.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 54.\39\ Foreign Distribution of Special Nuclear
    Material.--a. The Commission is authorized to cooperate with
    any nation or group of nations by distributing special nuclear
    material and to distribute such special nuclear material,
    pursuant to the terms of an agreement for cooperation to which
    such nation or group of nations is a party and which is made in
    accordance with section 123. Unless hereafter otherwise
    authorized by law the Commission shall be compensated for
    special nuclear material so distributed at not less than the
    Commission's published charges applicable to the domestic
    distribution of such material, except that the Commission to
    assist and encourage research on peaceful uses or for medical
    therapy may so distribute without charge during any calendar
    year only a quantity of such material which at the time of
    transfer does not exceed in value $10,000 in the case of one
    nation or $50,000 in the case of any group of nations. The
    Commission may distribute to the International Atomic Energy
    Agency, or to any group of nations, only such amounts of
    special nuclear materials and for such period of time as are
    authorized by Congress: Provided, however, That, (i)
    notwithstanding this provision, the Commission is hereby
    authorized, subject to the provisions of section 123, to
    distribute to the Agency five thousand kilograms of contained
    uranium-235, five hundred grams of uranium-233, and three
    kilograms of plutonium, together with the amounts of special
    nuclear material which will match in amount the sum of all
    quantities of special nuclear materials made available by all
    other members of the Agency to June 1, 1960; and (ii)
    notwithstanding the foregoing provisions of this subsection,
    the Commission may distribute to the International Atomic
    Energy Agency, or to any group of nations, such other amounts
    of special nuclear materials and for such other periods of time
    as are established in writing by the Commission: Provided,
    however, That before they are established by the Commission
    pursuant to this subdivision (ii), such proposed amounts and
    periods shall be submitted to the Congress and referred to the
    Energy Committees \40\ and a period of sixty days shall elapse
    while Congress is in session (in computing such sixty days,
    there shall be excluded the days on which either House is not
    in session because of an adjournment of more than three days):
    And provided further, That any such proposed amounts and
    periods shall not become effective if during such sixty-day
    period the Congress passes a concurrent resolution stating in
    substance that it does not favor the proposed action: And
    provided further, That prior to the elapse of the first thirty
    days of any such sixty-day period the Energy Committees shall
    submit to their respective houses reports of their views \41\
    and recommendations respecting the proposed amounts and periods
    and an accompanying proposed concurrent resolution stating in
    substance that the Congress favors, or does not favor, as the
    case may be, the proposed amounts or periods. The Commission
    may agree to repurchase any special nuclear material
    distributed under a sale arrangement pursuant to this
    subsection which is not consumed in the course of the
    activities conducted in accordance with the agreement for
    cooperation, or any uranium remaining after irradiation of such
    special nuclear material, at a repurchase price not to exceed
    the Commission's sale price for comparable special nuclear
    material or uranium in effect at the time of delivery of such
    material to the Commission. The Commission may also agree to
    purchase, consistent with and within the period of the
    agreement for cooperation, special nuclear material produced in
    a nuclear reactor located outside the United States through the
    use of special nuclear material which was leased or sold
    pursuant to this subsection. Under any such agreement the
    Commission shall purchase only such material as is delivered to
    the Commission during any period when there is in effect a
    guaranteed purchase price for the same material produced in a
    nuclear reactor by a person licensed under section 104,
    established by the Commission pursuant to section 56, and the
    price to be paid shall be the price so established by the
    Commission and in effect for the same material delivered to the
    Commission.
    ---------------------------------------------------------------------------
        \39\ 42 U.S.C. 2074. Sec. 2 of Public Law 93-377 (88 Stat. 472)
    amended and restated sec. 54.
        \40\ Sec. 15(f)(3)(A) of Public Law 103-437 (108 Stat. 4592) struck
    out ``Joint Committee'' and inserted in lieu thereof ``Energy
    Committees''.
        \41\ Sec. 15(f)(3)(A) of Public Law 103-437 (108 Stat. 4592) struck
    out ``Joint Committee shall submit a report to the Congress of its
    views'', and inserted in lieu thereof ``Energy Committees shall submit
    to their respective houses reports of their views''.
    ---------------------------------------------------------------------------
        b. Notwithstanding the provisions of sections 123, 124, and
    125, the Commission is authorized to distribute to any person
    outside the United States (1) plutonium containing 80 per
    centum or more by weight of plutonium-238, and (2) other
    special nuclear material when it has, in accordance with
    subsection 57 d., exempted certain classes or quantities of
    such other special nuclear material or kinds of uses or users
    thereof from the requirements for a license set forth in this
    chapter. Unless hereafter otherwise authorized by law, the
    Commission shall be compensated for special nuclear material so
    distributed at not less than the Commission's published charges
    applicable to the domestic distribution of such material. The
    Commission shall not distribute any plutonium containing 80 per
    centum or more by weight of plutonium-238 to any person under
    this subsection if, in its opinion, such distribution would be
    inimical to the common defense and security. The Commission may
    require such reports regarding the use of material distributed
    pursuant to the provisions of this subsection as it deems
    necessary.
        c. The Commission is authorized to license or otherwise
    permit others to distribute special nuclear material to any
    person outside the United States under the same conditions,
    except as to charges, as would be applicable if the material
    were distributed by the Commission.
        d.\42\ The authority to distribute special nuclear material
    under this section other than under an export license granted
    by the Nuclear Regulatory Commission shall extend only to the
    following small quantities of special nuclear material (in no
    event more than five hundred grams per year of the uranium
    isotope 233, the uranium isotope 235, or plutonium contained in
    special nuclear material to any recipient):
    ---------------------------------------------------------------------------
        \42\ Sec. 301(a) of the Nuclear Non-Proliferation Act of 1978
    (Public Law 95-242; 92 Stat. 125) added subsec. d.
    ---------------------------------------------------------------------------
              (1) which are contained in laboratory samples,
            medical devices, or monitoring or other instruments; or
              (2) the distribution of which is needed to deal with
            an emergency situation in which time is of the essence.
        e.\43\ The authority in this section to commit United
    States funds for any activities pursuant to any subsequent
    arrangement under section 131 a. (2)(E) shall be subject to the
    requirements of section 131.
    ---------------------------------------------------------------------------
        \43\ Sec. 303(b)(1) of Public Law 95-242 (92 Stat. 131) added
    subsec. e.
    ---------------------------------------------------------------------------
        Sec. 55.\44\ Acquisition.--The Commission is authorized, to
    the extent it deems necessary to effectuate the provisions of
    this Act, to purchase without regard to the limitations in
    section 54 or any guaranteed purchase prices established
    pursuant to section 56, and to take, requisition, condemn, or
    otherwise acquire any special nuclear material or any interest
    therein. Any contract of purchase made under this section may
    be made without regard to the provisions of section 3709 of the
    Revised Statutes, as amended, upon certification by the
    Commission that such action is necessary in the interest of the
    common defense and security, or upon a showing by the
    Commission that advertising is not reasonably practicable.
    Partial and advance payments may be made under contracts for
    such purposes. Just compensation shall be made for any right,
    property, or interest in property taken, requisitioned, or
    condemned under this section: Provided, That the authority in
    this section to commit United States funds for any activities
    pursuant to any subsequent arrangements under section 131 a.
    (2)(E) shall be subject to the requirements of section 131.\45\
    ---------------------------------------------------------------------------
        \44\ 42 U.S.C. 2075. Sec. 10 of Public Law 88-489 (78 Stat. 602)
    amended and restated sec. 55, which formerly read as follows:
        ``Sec. 55. Acquisition.--The Commission is authorized to purchase
    or otherwise acquire any special nuclear material or any interest
    therein outside the United States without regard to the provisions of
    section 3709 of the Revised Statutes, as amended, upon certification by
    the Commission that such action is necessary in the interest of the
    common defense and security, or upon a showing by the Commission that
    advertising is not reasonably practicable. Partial and advance payments
    may be made under contracts for such purposes.''.
        \45\ Sec. 303(b)(2) of the Nuclear Non-Proliferation Act of 1978
    (92 Stat. 131) added the proviso clause.
    ---------------------------------------------------------------------------
        Sec. 56.\46\ Guaranteed Purchase Prices.--The Commission
    shall establish guaranteed purchase prices for plutonium
    produced in a nuclear reactor by a person licensed under
    section 104 and delivered to the Commission before January 1,
    1971. The Commission shall also establish for such periods of
    time as it may deem necessary but not to exceed ten years as to
    any such period, guaranteed purchase prices for uranium
    enriched in the isotope 233 produced in a nuclear reactor by a
    person licensed under section 103 or \47\ section 104 and
    delivered to the Commission within the period of the guarantee.
    Guaranteed purchase prices established under the authority of
    this section shall not exceed the Commission's determination of
    the estimated value of plutonium or uranium enriched in the
    isotope 233 as fuel in nuclear reactors, and such prices shall
    be established on a nondiscriminatory basis: Provided, That the
    Commission is authorized to establish such guaranteed purchase
    prices only for such plutonium or uranium enriched in the
    isotope 233 as the Commission shall determine is produced
    through the use of special nuclear material which was leased or
    sold by the Commission pursuant to section 53.
    ---------------------------------------------------------------------------
        \46\ 42 U.S.C. 2076. Sec. 11 of Public Law 88-489 (78 Stat. 602)
    amended and restated sec. 56, which formerly read as follows:
        ``Sec. 56. Fair Price.--In determining the fair price to be paid by
    the Commission pursuant to section 52 for the production of any special
    nuclear material, the Commission shall take into consideration the
    value of the special nuclear material for its intended use by the
    United States and may give such weight to the actual cost of producing
    that material as the Commission finds to be equitable. The fair price,
    as may be determined by the Commission, shall apply to all licensed
    producers of the same material: Provided, however, That the Commission
    may establish guaranteed fair prices for all special nuclear material
    delivered to the Commission for such period of time as it may deem
    necessary not to exceed seven years.''.
        \47\ Sec. 2 of Public Law 91-500 (84 Stat. 1472) added ``section
    103 or''.
    ---------------------------------------------------------------------------
        Sec. 57.\48\ Prohibition.--
    ---------------------------------------------------------------------------
        \48\ 42 U.S.C. 2077. Sec. 12 of Public Law 88-489 (78 Stat. 602)
    amended and restated sec. 57, which previously read as follows:
        ``Sec. 57. Prohibition.--
        ``a. It shall be unlawful for any person to--
    ---------------------------------------------------------------------------

      ``(1) possess or transfer any special nuclear material which is the
    property of the United States except as authorized by the Commission
    pursuant to subsec. 53 a.;

      ``(2) transfer or receive any special nuclear material in interstate
    commerce except as authorized by the Commission pursuant to subsection 25
    a., or export from or import into the United States any special nuclear
    material; and

      ``(3) directly or indirectly engage in the production of any special
    nuclear material outside of the United States except (A) under an agreement
    for cooperation made pursuant to section 123, or (B) upon authorization by
    the Commission after a determination that such activity will not be
    inimical to the interest of the United States.
    ---------------------------------------------------------------------------

        ``b. The Commission shall not distribute any special nuclear
    material--
    ---------------------------------------------------------------------------

      ``(1) to any person for a use which is not under the jurisdiction of the
    United States except pursuant to the provisions of section 54; or

      ``(2) to any person within the United States, if the Commission finds
    that the distribution of such special nuclear material to such person would
    be inimical to the common defense and security.''.

        a. Unless authorized by a general or specific license
    issued by the Commission, which the Commission is authorized to
    issue pursuant to section 53, no person may transfer or receive
    in interstate commerce, transfer, deliver, acquire, own,
    possess, receive possession of or title to, or import into or
    export from the United States any special nuclear material.
        b.\49\ It shall be unlawful for any person to directly or
    indirectly engage or participate in the development or
    production of any special nuclear material \50\ outside of the
    United States except (1) as specifically authorized under an
    agreement for cooperation made pursuant to section 123,
    including a specific authorization in a subsequent arrangement
    under section 131 of this Act, or (2) upon authorization by the
    Secretary of Energy after a determination that such activity
    will not be inimical to the interest of the United States:
    Provided, That any such determination by the Secretary of
    Energy shall be made only with the concurrence of the
    Department of State and after consultation with the \51\
    Nuclear Regulatory Commission, the Department of Commerce, and
    the Department of Defense. The Secretary of Energy shall,
    within ninety days after the enactment of the Nuclear Non-
    Proliferation Act of 1978, establish orderly and expeditious
    procedures,\52\ including provision for necessary
    administrative actions and inter-agency memoranda of
    understanding, which as mutually agreeable to the Secretaries
    of State, Defense, and Commerce,\53\ and the Nuclear Regulatory
    Commission for the consideration of requests for authorization
    under this subsection. Such procedures shall include, at a
    minimum explicit direction on the handling of such requests,
    express deadlines for the solicitation and collection of the
    views of the consulted agencies (with identified officials
    responsible for meeting such deadlines), an interagency
    coordinating authority to monitor the processing of such
    requests, predetermined procedures for the expeditious handling
    of intra-agency and inter-agency disagreements and appeals to
    higher authorities, frequent meetings of inter-agency
    administrative coordinators to review the status of all pending
    requests, and similar administrative mechanisms. To the extent
    practicable, an applicant should be advised of all the
    information required of the applicant for the entire process
    for every agency's needs at the beginning of the process.
    Potentially controversial requests should be identified as
    quickly as possible so that any required policy decisions or
    diplomatic consultations can be initiated in a timely manner.
    An immediate effort should be undertaken to establish quickly
    any necessary standards and criteria, including the nature of
    any required assurances or evidentiary showings, for the
    decision required under this subsection. The processing of any
    request proposed and filed as of the date of enactment of the
    Nuclear Non-Proliferation Act of 1978 shall not be delayed
    pending the development and establishment of procedures to
    implement the requirements of this subsection. Any trade
    secrets or proprietary information submitted by any person
    seeking an authorization under this subsection shall be
    afforded the maximum degree of protection allowable by law:
    Provided further, That the export of component parts as defined
    in subsection 11 v. (2) or 11 cc. (2) shall be governed by
    sections 109 and 126 of this Act: Provided further, That
    notwithstanding subsection 402(d) of the Department of Energy
    Organization Act (Public Law 95-91), the Secretary of Energy
    and not the Federal Energy Regulatory Commission, shall have
    sole jurisdiction within the Department of Energy over any
    matter arising from any function of the Secretary of Energy in
    this section, section 54 d., section 64, or section 111 b.
    ---------------------------------------------------------------------------
        \49\ Sec. 302 of Public Law 95-242 (92 Stat. 126) amended and
    restated subsec. b., which formerly read as follows:
        ``b. It shall be unlawful for any person to directly or indirectly
    engage in the production of any special nuclear material outside of the
    United States except (1) under an agreement for cooperation made
    pursuant to sec. 123, or (2) upon authorization by the Commission after
    a determination that such activity will not be inimical to the interest
    of the United States.''.
        \50\ Sec. 6803(a) of the Weapons of Mass Destruction Prohibition
    Improvement Act of 2004 (subtitle I of title VI of Public Law 108-458;
    118 Stat. 3768) struck out ``in the production of any special nuclear
    material'' and inserted in lieu thereof ``or participate in the
    development or production of any special nuclear material''.
        \51\ Sec. 1225(d)(1)(A) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-774) struck out ``the Arms Control and
    Disarmament Agency,''.
        \52\ See text of procedures in Legislation on Foreign Relations
    Through 2005, vol. V, sec. L.
        \53\ Sec. 1225(d)(1)(B) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-774) struck out ``the Director of the Arms
    Control and Disarmament Agency,''.
    ---------------------------------------------------------------------------
        c. The Commission shall not--
              (1) distribute any special nuclear material to any
            person for a use which is not under the jurisdiction of
            the United States except pursuant to the provisions of
            section 54; or
              (2) distribute any special nuclear material or issue
            a license pursuant to section 53 to any person within
            the United States if the Commission finds that the
            distribution of such special nuclear material or the
            issuance of such license would be inimical to the
            common defense and security or would constitute an
            unreasonable risk to the health and safety of the
            public.
        d.\54\ The Commission is authorized to establish classes of
    special nuclear material and to exempt certain classes or
    quantities of special nuclear material or kinds of uses or
    users from the requirements for a license set forth in this
    section when it makes a finding that the exemption of such
    classes or quantities of special nuclear material or such kinds
    of uses or users would not be inimical to the common defense
    and security and would not constitute an unreasonable risk to
    the health and safety of the public.
    ---------------------------------------------------------------------------
        \54\ Sec. 3 of Public Law 93-377 (88 Stat. 475) added subsec. d.
    ---------------------------------------------------------------------------
        e.\55\ Special nuclear material, as defined in section 11,
    produced in facilities licensed under section 103 or 104 may
    not be transferred, reprocessed, used, or otherwise made
    available by any instrumentality of the United States or any
    other person for nuclear explosive purposes.
    ---------------------------------------------------------------------------
        \55\ Sec. 14 of Public Law 97-415 (96 Stat. 2075) added subsec. e.
    ---------------------------------------------------------------------------
        Sec. 58.\56\ Review.--Before the Commission establishes any
    guaranteed purchase price or guaranteed purchase price period
    in accordance with the provisions of section 56, or establishes
    any criteria for the waiver of any charge for the use of
    special nuclear material licensed and distributed under section
    53, the proposed guaranteed purchase price, guaranteed purchase
    price period, or criteria for the waiver of such charge shall
    be submitted to the Energy Committees \57\ and a period of
    forty-five days shall elapse while Congress is in session (in
    computing such forty-five days there shall be excluded the days
    in which either House is not in session because of adjournment
    for more than three days): Provided, however, That the Energy
    Committees,\57\ after having received the proposed guaranteed
    purchase price, guaranteed purchase price period, or criteria
    for the waiver of such charge, may by resolution in writing
    waive the conditions of, or all or any portion of, such forty-
    five day period.
    ---------------------------------------------------------------------------
        \56\ 42 U.S.C. 2078. Sec. 13 of Public Law 88-489 (78 Stat. 602)
    amended and restated sec. 58, which previously read as follows:
        ``Sec. 58. Review.--Before the Commission establishes any fair
    price or guaranteed fair price period in accordance with the provisions
    of section 56, or establishes any criteria for the waiver of any charge
    for the use of special nuclear material licensed or distributed under
    section 53 the proposed fair price, guaranteed fair price period, or
    criteria for the waiver of such charge shall be submitted to the Joint
    Committee, and a period of forty-five days shall elapse while Congress
    is in session (in computing such forty-five days there shall be
    excluded the days in which either House is not in session because of
    adjournment for more than three days): Provided, however, That the
    Joint Committee, after having received the proposed fair price,
    guaranteed fair price period, or criteria for the waiver of such
    charge, may by resolution waive the conditions of or all or any portion
    of such forty-five day period.''.
        \57\ Sec. 15(f)(4) of Public Law 103-437 (108 Stat. 4592) struck
    out ``Joint Committee'' in each place where it appeared in secs. 58 and
    61 and inserted in lieu thereof ``Energy Committees''.
    ---------------------------------------------------------------------------

                           Chapter 7. Source Material

        Sec. 61.\58\ Source Material.--The Commission may determine
    from time to time that other material is source material in
    addition to those specified in the definition of source
    material. Before making such determination, the Commission must
    find that such material is essential to the production of
    special nuclear material and must find that the determination
    that such material is source material is in the interest of the
    common defense and security, and the President must have
    expressly assented in writing to the determination. The
    Commission's determination, together with the assent of the
    President, shall be submitted to the Energy Committees \57\ and
    a period of thirty days shall elapse while Congress is in
    session (in computing such thirty days, there shall be excluded
    the days on which either House is not in session because of an
    adjournment of more than three days) before the determination
    of the Commission may become effective: Provided, however, That
    the Energy Committees,\57\ after having received such
    determination, may by resolution in writing waive the
    conditions of or all or any portion of such thirty-day period.
    ---------------------------------------------------------------------------
        \58\ 42 U.S.C. 2091.
    ---------------------------------------------------------------------------
        Sec. 62.\59\ License for Transfers Required.--Unless
    authorized by a general or specific license issued by the
    Commission, which the Commission is hereby authorized to issue,
    no person may transfer or receive in interstate commerce,
    transfer, deliver, receive possession of or title to, or import
    into or export from the United States any source material after
    removal from its place of deposit in nature, except that
    licenses shall not be required for quantities of source
    material which, in the opinion of the Commission, are
    unimportant.
    ---------------------------------------------------------------------------
        \59\ 42 U.S.C. 2092.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 64.\60\ Foreign Distribution of Source Material.--The
    Commission is authorized to cooperate with any nation by
    distribution source material and to distribute source material
    pursuant to the terms of an agreement for cooperation to which
    such nation is a party and which is made in accordance with
    section 123. The Commission is also authorized to distribute
    source material outside of the United States upon a
    determination by the Commission that such activity will not be
    inimical to the interests of the United States. The authority
    to distribute source material under this section other than
    under an export license granted by the Nuclear Regulatory
    Commission shall in no case extend to quantities of source
    material in excess of three metric tons per year per
    recipient.\61\
    ---------------------------------------------------------------------------
        \60\ 42 U.S.C. 2094.
        \61\ Sec. 301(b) of Public Law 95-242 (92 Stat. 125) added this
    sentence.
    ---------------------------------------------------------------------------
              * * * * * * *
        Sec. 69.\62\ Prohibition.--The Commission shall not license
    any person to transfer or deliver, receive possession of or
    title to, or import into or export from the United States any
    source material if, in the opinion of the Commission, the
    issuance of a license to such person for such purpose would be
    inimical to the common defense and security or the health and
    safety of the public.
    ---------------------------------------------------------------------------
        \62\ 42 U.S.C. 2099.
    ---------------------------------------------------------------------------
              * * * * * * *

                         Chapter 8. Byproduct Material

        Sec. 81.\63\ Domestic Distribution.--
    ---------------------------------------------------------------------------
        \63\ 42 U.S.C. 2111.
    ---------------------------------------------------------------------------
        a. In General.--No person may \64\ transfer or receive in
    interstate commerce, manufacture, produce, transfer, acquire,
    own, possess, import, or export any byproduct material, except
    to the extent authorized by this section, section 82 or section
    84.\65\ The Commission is authorized to issue general or
    specific licenses to applicants seeking to use byproduct
    material for research or development purposes, for medical
    therapy, industrial uses, agricultural uses, or such other
    useful applications as may be developed. The Commission may
    distribute, sell, loan, or lease such byproduct material as it
    owns to qualified applicants \66\ with or without charge:
    Provided, however, That, for byproduct material to be
    distributed by the Commission for a charge, the Commission
    shall establish prices on such equitable basis as, in the
    opinion of the Commission, (a) will provide reasonable
    compensation to the Government for such material, (b) will not
    discourage the use of such material or the development of
    sources of supply of such material independent of the
    Commission, and (c) will encourage research and development. In
    distributing such material, the Commission shall give
    preference to applicants proposing to use such material either
    in the conduct of research and development or in medical
    therapy.\66\ The Commission shall not permit the distribution
    of any byproduct material to any licensee, and shall recall or
    order the recall of any distributed material from any licensee,
    who is not equipped to observe or who fails to observe such
    safety standards to protect health as may be established by the
    Commission or who uses such material in violation of law or
    regulation of the Commission or in a manner other than as
    disclosed in the application therefor or approved by the
    Commission. The Commission is authorized to establish classes
    of byproduct material and to exempt certain classes or
    quantities of material or kinds of uses or users from the
    requirements for a license set forth in this section when it
    makes a finding that the exemption of such classes or
    quantities of such material or such kinds of uses or users will
    not constitute an unreasonable risk to the common defense and
    security and to the health and safety of the public.
    ---------------------------------------------------------------------------
        \64\ Sec. 651(e)(3)(A)(i) of the Energy Policy Act of 2005
    (subtitle B of title VI of Public Law 109-58; 119 Stat. 807) struck out
    ``No person may'' and inserted in lieu thereof
        ``a. In General.--No person may''.
        \65\ Sec. 205(b) of Public Law 95-604 (92 Stat. 3039) amended and
    restated the original first sentence of this section, which effectively
    struck out ``by this section or by section 82'' and inserted in lieu
    thereof ``by this section, section 82 or section 84''.
        \66\ Sec. 4 of Public Law 93-377 (88 Stat. 475) struck out
    ``licensees'' and inserted in lieu thereof ``qualified applicants'' in
    the third sentence of this section, and struck out the fifth sentence
    of this section, which formerly read, ``Licensees of the Commission may
    distribute byproduct material only to applicants therefor who are
    licensed by the Commission to receive such byproduct material.''.
    ---------------------------------------------------------------------------
        b.\67\ Requirements.--
    ---------------------------------------------------------------------------
        \67\ Sec. 651(e)(3)(A)(ii) of Public Law 109-58 (119 Stat. 807)
    added subsecs. b. and c. to sec. 81.
    ---------------------------------------------------------------------------
              (1) In general.--Except as provided in paragraph (2),
            byproduct material, as defined in paragraphs (3) and
            (4) of section 11 e., may only be transferred to and
            disposed of in a disposal facility that--
                      (A) is adequate to protect public health and
                    safety; and
                      (B)(i) is licensed by the Commission; or
                      (ii) is licensed by a State that has entered
                    into an agreement with the Commission under
                    section 274 b., if the licensing requirements
                    of the State are compatible with the licensing
                    requirements of the Commission.
              (2) Effect of subsection.--Nothing in this subsection
            affects the authority of any entity to dispose of
            byproduct material, as defined in paragraphs (3) and
            (4) of section 11 e., at a disposal facility in
            accordance with any Federal or State solid or hazardous
            waste law, including the Solid Waste Disposal Act (42
            U.S.C. 6901 et seq.).
        c.\67\ Treatment as Low-Level Radioactive Waste.--Byproduct
    material, as defined in paragraphs (3) and (4) of section 11
    e., disposed of under this section shall not be considered to
    be low-level radioactive waste for the purposes of--
              (1) section 2 of the Low-Level Radioactive Waste
            Policy Act (42 U.S.C. 2021b); or
              (2) carrying out a compact that is--
                      (A) entered into in accordance with that Act
                    (42 U.S.C. 2021b et seq.); and
                      (B) approved by Congress.
        Sec. 82.\68\ Foreign Distribution of Byproduct Material.--
    ---------------------------------------------------------------------------
        \68\ 42 U.S.C. 2112.
    ---------------------------------------------------------------------------
        a. The Commission is authorized to cooperate with any
    nation by distributing byproduct material, and to distribute
    byproduct material, pursuant to the terms of an agreement for
    cooperation to which such nation is party an which is made in
    accordance with section 123.
        b. The Commission is also authorized to distribute
    byproduct material to any person outside the United States upon
    application therefor by such person and demand such charge for
    such materials as would be charged for the material if it were
    distributed within the United States: Provided, however, That
    the Commission shall not distribute any such material to any
    person under this section if, in its opinion, such distribution
    would be inimical to the common defense and security: And
    provided further, That the Commission may require such reports
    regarding the use of material distributed pursuant to the
    provisions of this section as it deems necessary.
        c. The Commission is authorized to license others to
    distribute byproduct material to any person outside the United
    States under the same conditions, except as to charges, as
    would be applicable if the material were distributed by the
    Commission.
        Sec. 83.\69\ Ownership and Custody of Certain Byproduct
    Material and Disposal Sites.--
    ---------------------------------------------------------------------------
        \69\ 42 U.S.C. 2113. Sec. 202(a) of Public Law 95-604 (92 Stat.
    3033) added sec. 83. Sec. 202(b) of that Act delayed the effective date
    of sec. 83 until November 8, 1981.
    ---------------------------------------------------------------------------
        a. Any license issued or renewed after the effective date
    of this section under section 62 or section 81 for any activity
    which results in the production of any byproduct material, as
    defined in section 11 e. (2), shall contain such terms and
    conditions as the Commission determines to be necessary to
    assure that, prior to termination of such license--
              (1) the licensee will comply with decontamination,
            decommissioning, and reclamation standards prescribed
            by the Commission for sites (A) at which ores were
            processed primarily for their source material content
            and (B) at which such byproduct material is deposited,
            and
              (2) ownership of any byproduct material, as defined
            in section 11 e. (2), which resulted from such licensed
            activity shall be transferred to (A) the United States
            or (B) in the State in which such activity occurred if
            such State exercises the option under subsection b. (1)
            to acquire land used for the disposal of byproduct
            material.
    Any license which is in effect on the effective date of this
    section and which is subsequently terminated without renewal
    shall comply with paragraphs (1) and (2) upon termination.\70\
    ---------------------------------------------------------------------------
        \70\ Sec. 22(c) of Public Law 96-106 (93 Stat. 800) amended and
    restated the last sentence of subsec. a.
    ---------------------------------------------------------------------------
        b. (1)(A) The Commission shall require by rule, regulation,
    or order that prior to the termination of any license which is
    issued after the effective date of this section, title to the
    land, including any interests therein (other than land owned by
    the United States or by a State) which is used for the disposal
    of any byproduct material, as defined by section 11 e. (2),
    pursuant to such license shall be transferred to--
              (i) the United States, or
              (ii) the State in which such land is located, at the
            option of such State,
    unless the Commission determines prior to such termination that
    transfer of title to such land and such byproduct material is
    not necessary or desirable to protect the public health,
    safety, or welfare or to minimize or eliminate danger to life
    or property. Such determination shall be made in accordance
    with section 181 of this Act. Notwithstanding any other
    provision of law or any such determination, such property and
    materials shall be maintained pursuant to a license issued by
    the Commission pursuant to section 81 of this Act in such
    manner as will protect the public health, safety, and the
    environment.
        (B) If the Commission determines by order that use of the
    surface or subsurface estates, or both, of the land transferred
    to the United States or to a State under subparagraph (A) would
    not endanger the public health, safety, welfare, or
    environment, the Commission, pursuant to such regulations as it
    may prescribe, shall permit the use of the surface or
    subsurface estates, or both, of such land in a manner
    consistent with the provisions of this section. If the
    Commission permits such use of such land, it shall provide the
    person who transferred such land with the right of first
    refusal with respect to such use of such land.
        (2) If transfer to the United States of title to such
    byproduct material and such land is required under this
    section, the Secretary of Energy or any Federal agency
    designated by the President shall, following the Commission's
    determination of compliance under subsection c., assume title
    and custody of such byproduct material and land transferred as
    provided in this subsection. Such Secretary or Federal agency
    shall maintain such material and land in such manner as will
    protect the public health and safety and the environment. Such
    custody may be transferred to another officer or
    instrumentality of the United States only upon approval of the
    President.
        (3) If transfer to a State of title to such byproduct
    material is required in accordance with this subsection, such
    State shall, following the Commission's determination of
    compliance under subsection d., assume title and custody of
    such byproduct material and land transferred as provided in
    this subsection. Such State shall maintain such material and
    land in such manner as will protect the public health, safety,
    and the environment.
        (4) In the case of any such license under section 62, which
    was in effect on the effective date of this section, the
    Commission may require, before the termination of such license,
    such transfer of land and interest therein (described in
    paragraph (1) of this subsection) to the United States or a
    State in which such land is located, at the option of such
    State, as may be necessary to protect the public health,
    welfare, and the environment from any effects associated with
    such byproduct material. In exercising the authority of this
    paragraph, the Commission shall take into consideration the
    status of the ownership of such land and interests therein and
    the ability of the licensee to transfer title and custody
    thereof to the United States or a State.
        (5) The Commission may, pursuant to a license, or by rule
    or order require the Secretary or other Federal agency or State
    having custody of such property and materials to undertake such
    monitoring, maintenance, and emergency measures as are
    necessary to protect the public health and safety and such
    other actions as the Commission deems necessary to comply with
    the standards promulgated pursuant to section 84 of this Act.
    The Secretary or such other Federal agency is authorized to
    carry out maintenance, monitoring, and emergency measures, but
    shall take no other action pursuant to such license, rule or
    order, with respect to such property and materials unless
    expressly authorized by Congress after the date of enactment of
    this Act.
        (6) The transfer of title to land or byproduct materials,
    as defined in section 11 e. (2), to a State or the United
    States pursuant to this subsection shall not relieve any
    licensee of liability for any fraudulent or negligent acts done
    prior to such transfer.
        (7) Material and land transferred to the United States or a
    State in accordance with this subsection shall be transferred
    without cost to the United States or a State (other than
    administrative and legal costs incurred in carrying out such
    transfer). Subject to the provisions of paragraph (1)(B) of
    this subsection, the United States or a State shall not
    transfer title to material or property acquired under this
    subsection to any person, unless such transfer is in the same
    manner as provided under section 104(h) of the Uranium Mill
    Tailings Radiation Control Act of 1978.
        (8) The provisions of this subsection respecting transfer
    of title and custody to land shall not apply in the case of
    lands held in trust by the United States for any Indian tribe
    or lands owned by such Indian tribe subject to a restriction
    against alienation imposed by the United States. In the case of
    such lands which are used for the disposal of byproduct
    material, as defined in section 11 e. (2), the licensee shall
    be required to enter into such arrangements with the Commission
    as may be appropriate to assure the long-term maintenance and
    monitoring of such lands by the United States.
        c. Upon termination of any license to which this section
    applies, the Commission shall determine whether or not the
    licensee has complied with all applicable standards and
    requirements under such license.
        Sec. 84.\71\ Authorities of Commission Respecting Certain
    By-product Material.--
    ---------------------------------------------------------------------------
        \71\ 42 U.S.C. 2114. Sec. 205(a) of Public Law 95-604 (92 Stat.
    3039) added sec. 84.
    ---------------------------------------------------------------------------
        a. The Commission shall insure that the management of any
    by-product material, as defined in section 11 e. (2), is
    carried out in such manner as--
              (1) the Commission deems appropriate to protect the
            public health and safety and the environment from
            radiological and nonradiological hazards associated
            with the processing and with the possession and
            transfer of such material, taking into account the risk
            to the public health, safety, and the environment, with
            due consideration of the economic costs and such other
            factors as the Commission determines to be
            appropriate,,\72\
    ---------------------------------------------------------------------------
        \72\ Sec. 22(a) of Public Law 97-415 (96 Stat. 2080) added ``,
    taking into account the risk to the public health, safety, and the
    environment, with due consideration of the economic costs and such
    other factors as the Commission determines to be appropriate,''
    resulting in a double comma.
    ---------------------------------------------------------------------------
              (2) conforms with applicable general standards
            promulgated by the Administrator of the Environmental
            Protection Agency under section 275, and
              (3) conforms to general requirements established by
            the Commission, with the concurrence of the
            Administrator, which are, to the maximum extent
            practicable, at least comparable to requirements
            applicable to the possession, transfer, and disposal of
            similar hazardous material regulated by the
            Administration under Solid Waste Disposal Act, as
            amended.
        b. In carrying out its authority under this section, the
    Commission is authorized to--
              (1) by rule, regulation, or order require persons,
            officers, or instrumentalities exempted from licensing
            under section 81 of this Act to conduct monitoring,
            perform remedial work, and to comply with such other
            measures as it may deem necessary or desirable to
            protect health or to minimize danger to life or
            property, and in connection with the disposal or
            storage of such byproduct material; and
              (2) make such studies and inspections and to conduct
            such monitoring as may be necessary.
    Any violation by any person other than the United States or any
    officer or employee of the United States or a State of any
    rule, regulation, or order or licensing provision, of the
    Commission established under this section or section 83 shall
    be subject to a civil penalty in the same manner and in the
    same amount as violations subject to a civil penalty under
    section 234. Nothing in this section affects any authority of
    the Commission under any other provision of this Act.
        c.\73\ In the case of sites at which ores are processed
    primarily for their source material content or which are used
    for the disposal of byproduct material as defined in section 11
    e. (2), a licensee may propose alternatives to specific
    requirements adopted and enforced by the Commission under this
    Act. Such alternative proposals may take into account local or
    regional conditions, including geology, topography, hydrology
    and meteorology. The Commission may treat such alternatives as
    satisfying Commission requirements if the Commission determines
    that such alternatives will achieve a level of stabilization
    and containment of the sites concerned, and a level of
    protection for public health, safety, and the environment from
    radiological and nonradiological hazards associated with such
    sites, which is equivalent to, to the extent practicable, or
    more stringent than the level which would be achieved by
    standards and requirements adopted and enforced by the
    Commission for the same purpose and any final standards
    promulgated by the Administrator of the Environmental
    Protection Agency in accordance with section 275.
    ---------------------------------------------------------------------------
        \73\ Sec. 20 of Public Law 97-415 (96 Stat. 2079) added subsec. c.
    ---------------------------------------------------------------------------

                Chapter 9. Military Application of Atomic Energy

        Sec. 91.\74\ Authority.--
    ---------------------------------------------------------------------------
        \74\ 42 U.S.C. 2121.
    ---------------------------------------------------------------------------
        a. The Commission is authorized to--
              (1) conduct experiments and do research and
            development work in the military application of atomic
            energy; \75\
    ---------------------------------------------------------------------------
        \75\ Sec. 3157 of the National Defense Authorization Act for Fiscal
    Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1684) struck out
    ``and'' at the end of para. (1); struck out a period at the end of
    para. (2) and inserted in lieu thereof a semicolon; and added new
    paras. (3) through (5).
    ---------------------------------------------------------------------------
              (2) engage in the production of atomic weapons, or
            atomic weapon parts, except that such activities shall
            be carried on only to the extent that the express
            consent and direction of the President of the United
            States has been obtained, which consent and direction
            shall be obtained at least once each year; \75\
              (3) \75\ provide for safe storage, processing,
            transportation, and disposal of hazardous waste
            (including radioactive waste) resulting from nuclear
            materials production, weapons production and
            surveillance programs, and naval nuclear propulsion
            programs;
              (4) \75\ carry out research on and development of
            technologies needed for the effective negotiation and
            verification of international agreements on control of
            special nuclear materials and nuclear weapons; and
              (5) \75\ under applicable law (other than this
            paragraph) and consistent with other missions of the
            Department of Energy, make transfers of federally owned
            or originated technology to State and local
            governments, private industry, and universities or
            other nonprofit organizations so that the prospects for
            commercialization of such technology are enhanced.
        b. The President from time to time may direct the
    Commission (1) to deliver such quantities of special nuclear
    material or atomic weapons to the Department of Defense for
    such use as he deems necessary in the interest of national
    defense, or (2) to authorize the Department of Defense to
    manufacture, produce, or acquire any atomic weapon or
    utilization facility for military purposes: Provided, however,
    That such authorization shall not extend to the production of
    special nuclear material other than that incidental to the
    operation of such utilization facilities.
        c.\76\ The President may authorize the Commission or the
    Department of Defense, with the assistance of the other, to
    cooperate with another nation and, notwithstanding the
    provisions of section 57, 62, or 81, to transfer by sale,
    lease, or loan to that nation, in accordance with terms and
    conditions of a program approved by the President.
    ---------------------------------------------------------------------------
        \76\ Sec. 1 of Public Law 85-479 (72 Stat. 276) added subsec. c.
    ---------------------------------------------------------------------------
              (1) nonnuclear parts of atomic weapons provided that
            such nation has made substantial progress in the
            development of atomic weapons, and other nonnuclear
            parts of atomic weapons systems involving Restricted
            Data provided that such transfer will not contribute
            significantly to that nation's atomic weapon design,
            development, or fabrication capability; for the purpose
            of improving that nation's state of training and
            operational readiness;
              (2) utilization facilities for military applications;
            and
              (3) source, byproduct, or special nuclear material
            for research on, development of, production of, or use
            in utilization facilities for military applications;
            and
              (4) source, byproduct, or special nuclear material
            for research on, development of, or use in atomic
            weapons: Provided, however, That the transfer of such
            material to that nation is necessary to improve its
            atomic weapon design, development, or fabrication
            capability: And provided further, That such nation has
            made substantial progress in the development of atomic
            weapons,
    whenever the President determines that the proposed cooperation
    and each proposed transfer arrangement for the nonnuclear parts
    of atomic weapons and atomic weapons systems, utilization
    facilities or source, byproduct, or special nuclear material
    will promote and will not constitute an unreasonable risk to
    the common defense and security, while such other nation is
    participating with the United States pursuant to an
    international arrangement by substantial and material
    contributions to the mutual defense and security: Provided,
    however, That the cooperation is undertaken pursuant to an
    agreement entered into in accordance with section 123: And
    provided further, That if an agreement for cooperation arranged
    pursuant to this subsection provides for transfer of
    utilization facilities for military applications the
    Commission, or the Department of Defense with respect to
    cooperation it has been authorized to undertake, may authorize
    any person to transfer such utilization facilities for military
    applications in accordance with the terms and conditions of
    this subsection and of the agreement for cooperation.
        Sec. 92.\77\ Prohibition.--
    ---------------------------------------------------------------------------
        \77\ 42 U.S.C. 2122. Sec. 2 of Public Law 85-479 (72 Stat. 277)
    amended and restated sec. 92. Sec. 92 previously read as follows:
        ``Sec. 92. Prohibition.--It shall be unlawful for any person to
    transfer or receive in interstate commerce, manufacture, produce,
    transfer, acquire, possess, import, or export any atomic weapon, except
    as may be authorized by the Commission pursuant to the provisions of
    section 91. Nothing in this section shall be deemed to modify the
    provisions of subsection 31 a. or section 101.''.
    ---------------------------------------------------------------------------
        a.\78\ It shall be unlawful, except as provided in section
    91, for any person, inside or outside of the United States,\79\
    to participate in the development of,\80\ manufacture, produce,
    transfer, acquire, receive,\81\ possess, import,\82\ export, or
    use, or possess and threaten to use,\83\ any atomic weapon.
    Nothing in this section shall be deemed to modify the
    provisions of subsection 31 a. or section 101.
    ---------------------------------------------------------------------------
        \78\ Sec. 6904(a)(1) of the Prevention of Terrorist Access to
    Destructive Weapons Act of 2004 (subtitle J of title VI of Public Law
    108-458; 118 Stat. 3771) inserted the subsection designation ``a.''
    before ``It''.
        \79\ Sec. 6803(b)(1) of the Weapons of Mass Destruction Prohibition
    Improvement Act of 2004 (subtitle I of title VI of Public Law 108-458;
    118 Stat. 3768) inserted ``, inside or outside of the United States,''
    after ``for any person''.
        Sec. 6904(a)(2) of the Prevention of Terrorist Access to
    Destructive Weapons Act of 2004 (subtitle J of title VI of Public Law
    108-458; 118 Stat. 3771) sought to insert ``knowingly'' after ``for any
    person to''. With the execution of the amendment provided in sec.
    6803(b)(1), however, the latter amendment becomes unexecutable. Sec. 92
    a. should probably read, with all amendments executed, as follows:
        ``a. It shall be unlawful, except as provided in section 91, for
    any person, inside or outside of the United States, knowingly to
    participate in the development of, manufacture, produce, transfer,
    acquire, receive, possess, import, export, or use, or possess and
    threaten to use, any atomic weapon. Nothing in this section shall be
    deemed to modify the provisions of subsection 31 a. or section 101.''.
        \80\ Sec. 6803(b)(2) of the Weapons of Mass Destruction Prohibition
    Improvement Act of 2004 (subtitle I of title VI of Public Law 108-458;
    118 Stat. 3768) inserted ``participate in the development of,'' after
    ``interstate or foreign commerce,''.
        Sec. 6904(a)(4) of the Prevention of Terrorist Access to
    Destructive Weapons Act of 2004 (subtitle J of title VI of Public Law
    108-458; 118 Stat. 3771) subsequently struck out ``transfer or receive
    in interstate or foreign commerce,'' before ``manufacture''. The
    amendment is executed, though the amendment in sec. 6803(b)(2) removes
    ``manufacture'' from its proximity to the text to be stricken.
        \81\ Sec. 6904(a)(5) of the Prevention of Terrorist Access to
    Destructive Weapons Act of 2004 (subtitle J of title VI of Public Law
    108-458; 118 Stat. 3771) inserted ``receive,'' after ``acquire''.
        \82\ Sec. 6904(a)(3) of the Prevention of Terrorist Access to
    Destructive Weapons Act of 2004 (subtitle J of title VI of Public Law
    108-458; 118 Stat. 3771) struck out ``or'' before ``export''.
        \83\ Sec. 6904(a)(6) of the Prevention of Terrorist Access to
    Destructive Weapons Act of 2004 (subtitle J of title VI of Public Law
    108-458; 118 Stat. 3771) inserted ``, or use, or possess and threaten
    to use,'' before ``any atomic weapon''.
    ---------------------------------------------------------------------------
        b.\84\ Conduct prohibited by subsection a. is within the
    jurisdiction of the United States if--
    ---------------------------------------------------------------------------
        \84\ Sec. 6904(a)(7) of the Prevention of Terrorist Access to
    Destructive Weapons Act of 2004 (subtitle J of title VI of Public Law
    108-458; 118 Stat. 3771) added subsec. b.
    ---------------------------------------------------------------------------
              (1) the offense occurs in or affects interstate or
            foreign commerce; the offense occurs outside of the
            United States and is committed by a national of the
            United States;
              (2) the offense is committed against a national of
            the United States while the national is outside the
            United States;
              (3) the offense is committed against any property
            that is owned, leased, or used by the Untied States or
            by any department or agency of the United States,
            whether the property is within or outside the United
            States; or
              (4) an offender aids or abets any person over whom
            jurisdiction exists under this subsection in committing
            an offense under this section or conspires with any
            person over whom jurisdiction exists under this
            subsection to commit an offense under this section.

    SEC. 93.\85\ * * * [REPEALED--1999]
    ---------------------------------------------------------------------------

        \85\ Formerly at 42 U.S.C. 2122a. Sec. 3294(e)(1)(A) of Public Law
    106-65 (113 Stat. 970) repealed sec. 93, which had provided for
    congressional oversight of special access programs, including annual
    and periodic reports. Sec. 3156 of the National Defense Authorization
    Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1953)
    originally added this section.
    ---------------------------------------------------------------------------

                       Chapter 10. Atomic Energy Licenses

        Sec. 101.\86\ License Required.--It shall be unlawful,
    except as provided in section 91, for any person within the
    United States to transfer or receive in interstate commerce,
    manufacture, produce, transfer, acquire, possess, use,\87\
    import, or export any utilization or production facility except
    under and in accordance with a license issued by the Commission
    pursuant to section 103 or 104.
    ---------------------------------------------------------------------------
        \86\ 42 U.S.C. 2131.
        \87\ Sec. 11 of Public Law 84-1006 (70 Stat. 1071) added ``use,''.
    ---------------------------------------------------------------------------
        Sec. 102.\88\ Utilization and Production Facilities for
    Industrial or Commercial Purposes.--
    ---------------------------------------------------------------------------
        \88\ 42 U.S.C. 2132. Sec. 3 of Public Law 91-560 (84 Stat. 1472)
    amended sec. 102, which previously read as follows:
        ``Sec. 102. Finding of Practical Value.--Whenever the Commission
    has made a finding in writing that any type of utilization or
    production facility has been sufficiently developed to be of practical
    value for industrial or commercial purposes, the Commission may
    thereafter issue licenses for such type of facility pursuant to section
    103.''.
    ---------------------------------------------------------------------------
        a. Except as provided in subsections b. and c., or
    otherwise specifically authorized by law, any license hereafter
    issued for a utilization or production facility for industrial
    or commercial purposes shall be issued pursuant to section 103.
        b. Any license hereafter issued for a utilization or
    production facility for industrial or commercial purposes, the
    construction or operation of which was licensed pursuant to
    subsection 104 b. prior to enactment into law of this
    subsection, shall be issued under subsection 104 b.
        c. Any license for a utilization or production facility for
    industrial or commercial purposes constructed or operated under
    an arrangement with the Commission entered into under the
    Cooperative Power Reactor Demonstration Program shall, except
    as otherwise specifically required by applicable law, be issued
    under subsection 104 b.
        Sec. 103.\89\ Commercial Licenses.--
    ---------------------------------------------------------------------------
        \89\ 42 U.S.C. 2133.
    ---------------------------------------------------------------------------
        a. The Commission is authorized to issue licenses to
    persons applying therefor to transfer or receive in interstate
    commerce, manufacture, produce, transfer, acquire, possess,
    use,\90\ import, or export under the terms of an agreement for
    cooperation arranged pursuant to section 123, utilization or
    production facilities for industrial or commercial
    purposes.\91\ Such licenses shall be issued in accordance with
    the provisions of chapter 16 and subject to such conditions as
    the Commission may by rule or regulation establish to
    effectuate the purposes and provisions of this Act.
    ---------------------------------------------------------------------------
        \90\ Sec. 12 of Public Law 84-1006 (70 Stat. 1071) added ``use,''.
        \91\ Sec. 4 of Public Law 91-650 (84 Stat. 1472) amended the first
    sentence of sec. 103 a., which previously read as follows:
        ``Subsequent to a finding by the Commission as required in section
    102, the Commission may issue licenses to transfer or receive in
    interstate commerce, manufacture, produce, transfer, acquire, possess,
    use, import, or export under the terms of an agreement for cooperation
    arranged pursuant to section 123, such type of utilization or
    production facility.''.
    ---------------------------------------------------------------------------
        b. The Commission shall issue such licenses on a
    nonexclusive basis to persons applying therefor (1) whose
    proposed activities will serve a useful purpose proportionate
    to the quantities of special nuclear material or source
    material to be utilized; (2) who are equipped to observe and
    who agree to observe such safety standards to protect health
    and to minimize danger to life or property as the Commission
    may by rule establish; and (3) who agree to make available to
    the Commission such technical information and data concerning
    activities under such license as the Commission may determine
    necessary to promote the common defense and security and to
    protect the health and safety of the public. All such
    information may be used by the Commission only for the purposes
    of the common defense and security and to protect the health
    and safety of the public.
        c. Each such license shall be issued for a specified
    period, as determined by the Commission, depending on the type
    of activity to be licensed, but not exceeding forty years from
    the authorization to commence operations,\92\ and may be
    renewed upon the expiration of such period.
    ---------------------------------------------------------------------------
        \92\ Sec. 621 of the Energy Policy Act of 2005 (subtitle B of title
    VI of Public Law 109-58; 119 Stat. 782) inserted ``from the
    authorization to commence operations''.
    ---------------------------------------------------------------------------
        d. No license under this section may be given to any person
    for activities which are not under or within the jurisdiction
    of the United States, except for the export of production or
    utilization facilities under terms of an agreement for
    cooperation arranged pursuant to section 123, or except under
    the provisions of section 109. No license may be issued to an
    alien or any \93\ corporation or other entity if the Commission
    knows or has reason to believe it is owned, controlled, or
    dominated by an alien, a foreign corporation, or a foreign
    government. In any event, no license may be issued to any
    person within the United States if, in the opinion of the
    Commission, the issuance of a license to such person would be
    inimical to the common defense and security or to the health
    and safety of the public.
    ---------------------------------------------------------------------------
        \93\ Sec. 13 of Public Law 84-1006 (70 Stat. 1069) added the words
    ``an alien or any''.
    ---------------------------------------------------------------------------
        f.\94\ Each license issued for a utilization facility under
    this section or section 104 b. shall require as a condition
    thereof that in case of any accident which could result in an
    unplanned release of quantities of fission products in excess
    of allowable limits for normal operation established by the
    Commission, the licensee shall immediately so notify the
    Commission. Violation of the condition prescribed by this
    subsection may, in the Commission's discretion, constitute
    grounds for license revocation. In accordance with section 187
    of this Act, the Commission shall promptly amend each license
    for a utilization facility issued under this section or section
    104 b. which is in effect on the date of enactment of this
    subsection to include the provision required under this
    subsection.
    ---------------------------------------------------------------------------
        \94\ Sec. 201(a) of Public Law 96-295 (94 Stat. 786) added subsec.
    f., despite the fact that sec. 103 ended with subsec. d.
    ---------------------------------------------------------------------------
        Sec. 104.\95\ Medical Therapy and Research and
    Development.--
    ---------------------------------------------------------------------------
        \95\ 42 U.S.C. 2134.
    ---------------------------------------------------------------------------
        a. The Commission is authorized to issue licenses to
    persons applying therefor for utilization facilities for use in
    medical therapy. In issuing such licenses the Commission is
    directed to permit the widest amount of effective medical
    therapy possible with the amount of special nuclear material
    available for such purposes and to impose the minimum amount of
    regulation consistent with its obligations under this Act to
    promote the common defense and security and to protect the
    health and safety of the public.
        b.\96\ As provided for in subsection 102 b. or 102 c., or
    where specifically authorized by law, the Commission is
    authorized to issue licenses under this subsection to persons
    applying therefor for utilization and production facilities for
    industrial and commercial purposes. In issuing licenses under
    this subsection, the Commission shall impose the minimum amount
    of such regulations and terms of license as will permit the
    Commission to fulfill its obligations under this Act.
    ---------------------------------------------------------------------------
        \96\ Sec. 5 of Public Law 91-560 (84 Stat. 1472) amended and
    restated subsec. b, which previously read as follows:
        ``b. The Commission is authorized to issue licenses to persons
    applying therefor for utilization and production facilities involved in
    the conduct of research and development activities leading to the
    demonstration of the practical value of such facilities for industrial
    or commercial purposes. In issuing licenses under this subsection, the
    Commission shall impose the minimum amount of such regulations and
    terms of license as will permit the Commission to fulfill its
    obligations under this Act to promote the common defense and security
    and to protect the health and safety of the public and will be
    compatible with the regulations and terms of license which would apply
    in the event that a commercial license were later to be issued pursuant
    to section 103 for that type of facility. In issuing such licenses,
    priority shall be given to those activities which will, in the opinion
    of the Commission, lead to major advances in the application of atomic
    energy for industrial or commercial purposes.''.
    ---------------------------------------------------------------------------
        c. The Commission is authorized to issue licenses to
    persons applying therefor for utilization and production
    facilities useful in the conduct of research and development
    activities of the types specified in section 31 and which are
    not facilities of the type specified in subsection 104 b. The
    Commission is directed to impose only such minimum amount of
    regulation of the licensee as the Commission finds will permit
    the Commission to fulfill its obligations under this Act to
    promote the common defense and security and to protect the
    health and safety of the public and will permit the conduct of
    widespread and diverse research and development.
        d. No license under this section may be given to any person
    for activities which are not under or within the jurisdiction
    of the United States, except for the export of production or
    utilization facilities under terms of an agreement for
    cooperation arranged pursuant to section 123 or except under
    the provisions of section 109. No license may be issued to any
    corporation or other entity if the Commission knows or has
    reason to believe it is owned, controlled, or dominated by an
    alien, a foreign corporation, or a foreign government. In any
    event, no license may be issued to any person within the United
    States if, in the opinion of the Commission, the issuance of a
    license to such person would be inimical to the common defense
    and security or to the health and safety of the public.
              * * * * * * *
        Sec. 109.\97\ Component and Other Parts of Facilities.--
    ---------------------------------------------------------------------------
        \97\ 42 U.S.C. 2139. Sec. 309(a) of the Nuclear Non-Proliferation
    Act of 1978 (92 Stat. 141) amended and restated sec. 109. Sec 309(b) of
    that Act also instructed the Commission to publish regulations to
    implement the provisions of subsecs. b. and c. of sec. 109. Sec. 309(d)
    of that same Act also stated that the amendments to sec. 109 would not
    affect the approval of exports contracted for prior to November 1,
    1977, which were made by March 10, 1979.
    ---------------------------------------------------------------------------
        a. With respect to those utilization and production
    facilities which are so determined by the Commission pursuant
    to subsection 11 v. (2) or 11 cc. (2) the Commission may issue
    general licenses for domestic activities required to be
    licensed under section 101, if the Commission determines in
    writing that such general licensing will not constitute an
    unreasonable risk to the common defense and security.
        b. After consulting with the Secretaries of State, Energy,
    and Commerce,\98\ the Commission is authorized and directed to
    determine which component parts as defined in subsection 11 v.
    (2) or 11 cc. (2) and which other items or substances are
    especially relevant from the standpoint of export control
    because of their significance for nuclear explosive purposes.
    Except as provided in section 126 b. (2), no such component,
    substance, or item which is so determined by the Commission
    shall be exported unless the Commission issues a general or
    specific license for its export after finding, based on a
    reasonable judgment of the assurances provided and other
    information available to the Federal Government, including the
    Commission, that the following criteria or their equivalent are
    met: (1) IAEA safeguards as required by Article III (2) of the
    Treaty will be applied with respect to such component,
    substance, or item; (2) no such component, substance, or item
    will be used for any nuclear explosive device or for research
    on or development of any nuclear explosive device; and (3) no
    such component, substance, or item will be retransferred to the
    jurisdiction of any other nation or group of nations unless the
    prior consent of the United States is obtained for such
    retransfer; and after determining in writing that the issuance
    of each such general or specific license or category of
    licenses will not be inimical to the common defense and
    security: Provided, That a specific license shall not be
    required for an export pursuant to this section if the
    component, item or substance is covered by a facility license
    issued pursuant to section 126 of this Act.
    ---------------------------------------------------------------------------
        \98\ Sec. 1225(d)(2) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-774) struck out ``and the Director'' at this point.
    ---------------------------------------------------------------------------
        c. The Commission shall not issue an export license under
    the authority of subsection b. if it is advised by the
    executive branch, in accordance with the procedures established
    under subsection 126 a., that the export would be inimical to
    the common defense and security of the United States.
              * * * * * * *
        Sec. 111.\99\ a. The Nuclear Regulatory Commission is
    authorized to license the distribution of special nuclear
    material, source material, and byproduct material by the
    Department of Energy pursuant to sections 54, 64, and 82 of
    this Act, respectively, in accordance with the same procedures
    established by law for the export licensing of such material by
    any person: Provided, That nothing in this section shall
    require the licensing of the distribution of byproduct material
    by the Department of Energy under section 82 of this Act.
    ---------------------------------------------------------------------------
        \99\ 42 U.S.C. 2141. Sec. 301(c) of the Nuclear Non-Proliferation
    Act of 1978 (Public Law 95-242; 92 Stat. 125). added sec. 111.
    ---------------------------------------------------------------------------
        b. The Department of Energy shall not distribute any
    special nuclear material or source material under section 54 or
    64 of this Act other than under an export license issued by the
    Nuclear Regulatory Commission until (1) the Department has
    obtained the concurrence of the Department of State and has
    consulted with the Nuclear Regulatory Commission \100\ and the
    Department of Defense under mutually agreed procedures which
    shall be established within not more than ninety days after the
    date of enactment of this provision and (2) the Department
    finds based on a reasonable judgment of the assurances provided
    and the information available to the United States Government,
    that the criteria in section 127 of this Act or their
    equivalent and any application criteria in subsection 128 are
    met, and that the proposed distribution would not be inimical
    to the common defense and security.
    ---------------------------------------------------------------------------
        \100\ Sec. 1225(d)(3) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-774) struck out ``the Arms Control and Disarmament Agency,
    the Nuclear Regulatory Commission,'' and inserted in lieu thereof ``the
    Nuclear Regulatory Commission''.
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                      Chapter 11. International Activities

        Sec. 121.\101\ Effect of International Arrangements.--Any
    provision of this Act or any action of the Commission to the
    extent and during the time that it conflicts with the
    provisions of any international arrangement made after the date
    of enactment of this Act shall be deemed to be of no force or
    effect.
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        \101\ 42 U.S.C. 2151.
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        Sec. 122.\102\ Policies Contained in International
    Arrangements.--In the performance of its functions under this
    Act, the Commission shall give maximum effect to the policies
    contained in any international arrangement made after the date
    of enactment of this Act.
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        \102\ 42 U.S.C. 2152.
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        Sec. 123.\103\ Cooperation With Other Nations.--
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        \103\ 42 U.S.C. 2153. Sec. 401 of the Nuclear Non-Proliferation Act
    of 1978 (Public Law 95-242; 92 Stat. 142) amended and restated sec.
    123, which Public Law 85-478 (72 Stat. 276), Public Law 85-681 (72
    Stat. 632), and Public Law 88-489 (78 Stat. 602) had previously
    amended. Sec. 405(a) of the 1978 Act also stated that these amendments
    to sec. 123 would not affect the authority to continue cooperation
    pursuant to agreements for cooperation executed prior to March 10,
    1978. Sec. 407 of the 1978 Act specified that for any agreement entered
    into pursuant to sec. 123, the President shall strive to include in
    such agreement cooperation between the parties in protecting the
    international environment from radioactive, chemical or thermal
    contamination arising from peaceful nuclear activities.
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        No cooperation with any nation, group of nations or
    regional defense organization pursuant to section 53, 54 a.,
    57, 64, 82, 91, 103, 104, or 144 shall be undertaken until--
              a. the proposed agreement for cooperation has been
            submitted to the President, which proposed agreement
            shall include the terms, conditions, duration, nature,
            and scope of the cooperation; and shall include the
            following requirements:
                      (1) a guaranty by the cooperating party that
                    safeguards as set forth in the agreement for
                    cooperation will be maintained with respect to
                    all nuclear materials and equipment transferred
                    pursuant thereto, and with respect to all
                    special nuclear material used in or produced
                    through the use of such nuclear materials and
                    equipment, so long as the material or equipment
                    remains under the jurisdiction or control of
                    the cooperating party, irrespective of the
                    duration of other provisions in the agreement
                    or whether the agreement is terminated or
                    suspended for any reason;
                      (2) in the case of non-nuclear-weapon states,
                    a requirement, as a condition of continued
                    United States nuclear supply under the
                    agreement for cooperation, that IAEA safeguards
                    be maintained with respect to all nuclear
                    materials in all peaceful nuclear activities
                    within the territory of such state, under its
                    jurisdiction, or carried out under its control
                    anywhere;
                      (3) except in the case of those agreements
                    for cooperation arranged pursuant to subsection
                    91 c., a guaranty by the cooperating party that
                    no nuclear materials and equipment or sensitive
                    nuclear technology to be transferred pursuant
                    to such agreement, and no special nuclear
                    material produced through the use of any
                    nuclear materials and equipment or sensitive
                    nuclear technology transferred pursuant to such
                    agreement, will be used for any nuclear
                    explosive device, or for research on or
                    development of any nuclear explosive device, or
                    for any other military purpose;
                      (4) except in the case of those agreements
                    for cooperation arranged pursuant to subsection
                    91 c. and agreements for cooperation with
                    nuclear-weapon states, a stipulation that the
                    United States shall have the right to require
                    the return of any nuclear materials and
                    equipment transferred pursuant thereto and any
                    special nuclear material produced through the
                    use thereof if the cooperating party detonates
                    a nuclear explosive device or terminates or
                    abrogates an agreement providing for IAEA
                    safeguards;
                      (5) a guaranty by the cooperating party that
                    any material or any Restricted Data transferred
                    pursuant to the agreement for cooperation and,
                    except in the case of agreements arranged
                    pursuant to subsection 91 c., 144 b., 144 c.,
                    or 144 d.,\104\ any production or utilization
                    facility transferred pursuant to the agreement
                    for cooperation or any special nuclear material
                    produced through the use of any such facility
                    or through the use of any material transferred
                    pursuant to the agreement, will not be
                    transferred to unauthorized persons or beyond
                    the jurisdiction or control of the cooperating
                    party without the consent of the United States;
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        \104\ Sec. 3155(c)(1)(A) of Public Law 103-337 (108 Stat. 3092)
    struck out ``or 144 c.'' wherever it appeared in sec. 123, inserting in
    lieu thereof ``144 c., or 144 d.''.
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                      (6) a guaranty by the cooperating party that
                    adequate physical security will be maintained
                    with respect to any nuclear material
                    transferred pursuant to such agreement and with
                    respect to any special nuclear material used in
                    or produced through the use of any material,
                    production facility, or utilization facility
                    transferred pursuant to such agreement;
                      (7) except in the case of agreements for
                    cooperation arranged pursuant to subsection 91
                    c., 144 b., 144 c., or 144 d.,\104\ a guaranty
                    by the cooperating party that no material
                    transferred pursuant to the agreement for
                    cooperation and no material used in or produced
                    through the use of any material, production
                    facility, or utilization facility transferred
                    pursuant to the agreement for cooperation will
                    be reprocessed, enriched or (in the case of
                    plutonium, uranium 233, or uranium enriched to
                    greater than twenty percent in the isotope 235,
                    or other nuclear material which have been
                    irradiated) otherwise altered in form or
                    content without the prior approval of the
                    United States;
                      (8) except in the case of agreements for
                    cooperation arranged pursuant to subsection 91
                    c., 144 b., 144 c., or 144 d.,\104\ a guaranty
                    by the cooperating party that no plutonium, no
                    uranium 223, and no uranium enriched to greater
                    than twenty percent in the isotope 235,
                    transferred pursuant to the agreement for
                    cooperation or recovered from any source or
                    special nuclear material used in any production
                    facility or utilization facility transferred
                    pursuant to the agreement for cooperation, will
                    be stored in any facility that has not been
                    approved in advance by the United States; and
                      (9) except in the case of agreements for
                    cooperation arranged pursuant to subsection 91
                    c., 144 b., 144 c., or 144 d.,\104\ a guaranty
                    by the cooperation party that any special
                    nuclear material, production facility, or
                    utilization facility produced or constructed
                    under the jurisdiction of the cooperating party
                    by or through the use of any sensitive nuclear
                    technology transferred pursuant to such
                    agreement for cooperation will be subject to
                    all the requirements specified in this
                    subsection.
            The President may exempt a proposed agreement for
            cooperation (except an agreement arranged pursuant to
            subsection 91 c., 144 b., 144 c., or 144 d.) \104\ from
            any of the requirements of the foregoing sentence if he
            determines that inclusion of any such requirement would
            be seriously prejudicial to the achievement of United
            States non-proliferation objectives or otherwise
            jeopardize that common defense and security. Except in
            the case of those agreements for cooperation arranged
            pursuant to subsection 91 c., 144 b., 144 c., or 144
            d.,\104\ any proposed agreement for cooperation shall
            be negotiated by the Secretary of State, with the
            technical assistance and concurrence of the Secretary
            of Energy; \105\ and after consultation with the
            Commission shall be submitted to the President jointly
            by the Secretary of State and the Secretary of Energy
            accompanied by the views and recommendation of the
            Secretary of State, the Secretary of Energy, and \106\
            the Nuclear Regulatory Commission. The Secretary of
            State \107\ shall also provide to the President an
            unclassified Nuclear Proliferation Assessment Statement
            (A) which shall analyze the consistency of the text of
            the proposed agreement for cooperation with all the
            requirements of this Act, with specific attention to
            whether the proposed agreement is consistent with each
            of the criteria set forth in this subsection, and (B)
            \108\ regarding the adequacy of the safeguards and
            other control mechanisms and the peaceful use
            assurances contained in the agreement for cooperation
            to ensure that any assistance furnished thereunder will
            not be used to further any military or nuclear
            explosive purpose. Each Nuclear Proliferation
            Assessment Statement prepared pursuant to this Act
            shall be accompanied by a classified annex prepared in
            consultation with the Director of Central Intelligence,
            summarizing relevant classified information.\109\ In
            the case of those agreements for cooperation arranged
            pursuant to subsection 91 c., 144 b., 144 c., or 144
            d.,\104\ any proposed agreement for cooperation shall
            be submitted to the President by the Secretary of
            Energy or, in the case of those agreements for
            cooperation arranged pursuant to subsection 91 c., 144
            b., or 144 d.,\110\ which are to be implemented by the
            Department of Defense, by the Secretary of Defense;
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        \105\ Sec. 1225(d)(4)(A)(i) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-774) struck out ``and in consultation with the
    Director of the Arms Control and Disarmament Agency (`the Director')''.
        \106\ Sec. 1225(d)(4)(A)(ii) of Public Law 105-277 (112 Stat. 2681-
    774) inserted ``and'' after ``Energy,''.
        \107\ Sec. 1225(d)(4)(A)(iii) of Public Law 105-277 (112 Stat.
    2681-774) struck out ``Commission, and the Director, who'' and inserted
    in lieu thereof ``Commission. The Secretary of State''.
        \108\ Sec. 301(a)(1) of the Export Administration Amendments Act of
    1985 (Public Law 99-64; 99 Stat. 159) added ``(A) which shall analyze
    the consistency of the text of the proposed agreement for cooperation
    with all the requirements of this Act, with specific attention to
    whether the proposed agreement is consistent with each of the criteria
    set forth in this subsection, and (B)''.
        \109\ Sec. 1225(d)(4)(A)(iv) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-774) added this sentence.
        \110\ Sec. 3155(c)(1)(B) of Public Law 103-337 (108 Stat. 3092)
    struck out ``or 144 b.'' and inserted in lieu thereof ``144 b., or 144
    d.''. Sec. 1505(g) of Public Law 104-106 (110 Stat. 515) subsequently
    inserted a comma preceding ``144 b''.
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              b. the President has submitted text of the proposed
            agreement for cooperation (except an agreement arranged
            pursuant to section 91 c., 144 b., 144 c., or 144
            d.),\111\ together with the accompanying unclassified
            Nuclear Proliferation Assessment Statement, to the
            Committee on Foreign Relations of the Senate and the
            Committee on Foreign Affairs \112\ of the House of
            Representatives, the President has consulted with such
            Committees for a period of not less than thirty days of
            continuous session (as defined in section 130 g. of
            this Act) concerning the consistency of the terms of
            the proposed agreement with all the requirements of
            this Act, and \113\ the President has approved and
            authorized the execution of the proposed agreement for
            cooperation and has made a determination in writing
            that the performance of the proposed agreement will
            promote, and will not constitute an unreasonable risk
            to, the common defense and security; \114\
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        \111\ Sec. 3155(c)(1)(C) of Public Law 103-337 (108 Stat. 3092)
    inserted the parenthetical text.
        \112\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
        \113\ Sec. 301(a)(2) of Public Law 99-64 (99 Stat. 159) added ``the
    President has submitted text of the proposed agreement for cooperation,
    together with the accompanying unclassified Nuclear Proliferation
    Assessment Statement, to the Committee on Foreign Relations of the
    Senate and the Committee on Foreign Affairs of the House of
    Representatives, the President has consulted with such Committees for a
    period of not less than thirty days of continuous session (as defined
    in section 130 g. of this Act) concerning the consistency of the terms
    of the proposed agreement with all the requirements of this Act, and''.
        \114\ The President has made several such determinations related to
    agreements for cooperation, as follows: No. 98-1 concerning the
    Agreement for Cooperation Between the Government of the United States
    of America and the Swiss Federal Council Concerning Peaceful Uses of
    Nuclear Energy (62 F.R. 55139; October 22, 1997); No. 98-5 concerning
    the Agreement for Cooperation Between the Government of the United
    States of America and the Republic of Kazakhstan Concerning Peaceful
    Uses of Nuclear Energy (62 F.R. 63619; December 1, 1997); No. 98-21
    concerning the Agreement for Cooperation Between the Government of the
    United States of America and Ukraine Concerning Peaceful Uses of
    Nuclear Energy (63 F.R. 26419; May 12, 1998); No. 98-33 concerning the
    Agreement for Cooperation Between the Government of the United States
    of America and the Government of Romania Concerning Peaceful Uses of
    Nuclear Energy (63 F.R. 39695; July 23, 1998); No. 99-30 concerning the
    Protocol Amending the Agreement for Cooperation Concerning Civil Uses
    of Atomic Energy Between the Government of the United States of America
    and the Government of Canada signed at Washington on June 15, 1955 (64
    F.R. 35921; July 2, 1999); No. 00-3 concerning the proposed Agreement
    for Cooperation Between the United States of America and Australia
    Concerning Technology for the Separation of Isotopes and Uranium by
    Laser Excitation (64 F.R. 58757; November 1, 1999); No. 2000-26
    concerning the Agreement for Cooperation Between the United States of
    America and the Republic of Turkey Concerning Peaceful Uses of Nuclear
    Energy (65 F.R. 44403; July 18, 2000); and No. 2001-25 concerning the
    Proposed Protocol Amending the Agreement for Cooperation Between the
    Government of the United States of America and the Government of the
    Kingdom of Morocco Concerning Peaceful Uses of Nuclear Energy (66 F.R.
    46695; September 7, 2001).
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              c. the proposed agreement for cooperation (if not an
            agreement subject to subsection d.), together with the
            approval and determination of the President, has been
            submitted to the Committee on Foreign Affairs \115\ of
            the House of Representatives and the Committee on
            Foreign Relations of the Senate for a period of thirty
            days of continuous session (as defined in subsection
            130 g.): Provided, however, That these committees,
            after having received such agreement for cooperation,
            may by resolution in writing waive the conditions of
            all or any portion of such thirty-day period; and
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        \115\ Sec. 15(f)(5) of Public Law 103-437 (108 Stat. 4592) struck
    out ``International Relations'' and inserted in lieu thereof ``Foreign
    Affairs''. Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186)
    subsequently provided that references to the Committee on Foreign
    Affairs of the House of Representatives shall be treated as referring
    to the Committee on International Relations of the House of
    Representatives.
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              d.\116\ the proposed agreement for cooperation (if
            arranged pursuant to subsection 91 c., 144 b., 144 c.,
            or 144 d.,\104\ or if entailing implementation of
            section 53, 54 a., 103, or 104 in relation to a reactor
            that may be capable of producing more than five thermal
            megawatts or special nuclear material for use in
            connection therewith) has been submitted to the
            Congress, together with the approval and determination
            of the President, for a period of sixty days of
            continuous session (as defined in subsection 130 g. of
            this Act) and referred to the Committee on Foreign
            Affairs \115\, \116\ of the House of
            Representatives and the Committee on Foreign Relations
            of the Senate, and in addition, in the case of a
            proposed agreement for cooperation arranged pursuant to
            subsection 91 c., 144 b., 144 c., or 144 d.,\104\ the
            Committee on Armed Services \117\ of the House of
            Representatives and the Committee on Armed Services of
            the Senate, but such proposed agreement for cooperation
            shall not become effective if during such sixty-day
            period the Congress adopts, and there is enacted, a
            joint resolution \118\ stating in substance that the
            Congress does not favor the proposed agreement for
            cooperation: Provided, That the sixty-day period shall
            not begin until a Nuclear Proliferation Assessment
            Statement prepared by the Secretary of State, and any
            annexes thereto,\119\ when required by subsection 123
            a., have been \120\ submitted to the Congress: Provided
            further, That an agreement for cooperation exempted by
            the President pursuant to subsection a. from any
            requirement contained in that subsection shall not
            become effective unless the Congress adopts, and there
            is enacted, a joint resolution stating that the
            Congress does favor such agreement.\121\ During the
            sixty-day period the Committee on Foreign Affairs
            \115\, \117\ of the House of Representatives
            and the Committee on Foreign Relations of the Senate
            shall each hold hearings on the proposed agreement for
            cooperation and submit a report to their respective
            bodies recommending whether it should be approved or
            disapproved.\122\ Any such proposed agreement for
            cooperation shall be considered pursuant to the
            procedures set forth in section 130 i. of this Act for
            the consideration of Presidential submissions.
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        \116\ Sec. 3155(b) of Public Law 103-337 (108 Stat. 3092) provided
    the following:
        ``(b) Applicability of Notice and Wait Provisions.--Section 123 d.
    of the Atomic Energy Act of 1954 (42 U.S.C. 2153(d)), as amended by
    subsection (c), shall not apply to a proposed agreement for cooperation
    under section 144 d. of such Act, as inserted by subsection (a), until
    December 31, 1995.''.
        \117\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(5) of that
    Act provided that references to the Committee on Foreign Affairs shall
    be treated as referring to the Committee on International Relations.
        \118\ Sec. 301(b)(1) of Public Law 99-64 (99 Stat. 160) struck out
    ``adopts a concurrent resolution'' and inserted in lieu thereof
    ``adopts, and there is enacted, a joint resolution''.
        \119\ Sec. 1225(d)(4)(B)(i) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-774) struck out ``Nuclear Proliferation
    Assessment Statement prepared by the Director of the Arms Control and
    Disarmament Agency,'' and inserted in lieu thereof ``Nuclear
    Proliferation Assessment Statement prepared by the Secretary of State,
    and any annexes thereto,''.
        \120\ Sec. 1225(d)(4)(B)(ii) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-774) struck out ``has been'' and inserted in
    lieu thereof ``have been''.
        \121\ Sec. 301(b)(2) of Public Law 99-64 (99 Stat. 160) added the
    second proviso of subsec. d.
        \122\ Sec. 301(a)(3) of Public Law 99-64 (99 Stat. 160) added this
    sentence.
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        Following submission of a proposed agreement for
    cooperation (except an agreement for cooperation arranged
    pursuant to subsection 91 c., 144 b., 144 c., or 144 d.) \104\
    to the Committee on Foreign Affairs \115\ of the House of
    Representatives and the Committee on Foreign Relations of the
    Senate, the Nuclear Regulatory Commission, the Department of
    State, the Department of Energy,\123\ and the Department of
    Defense shall, upon the request of either of those committees,
    promptly furnish to those committees their views as to whether
    the safeguards and other controls contained therein provide an
    adequate framework to ensure that any exports as contemplated
    by such agreement will not be inimical to or constitute an
    unreasonable risk to the common defense and security.
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        \123\ Sec. 1225(d)(4)(C) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-774) struck out ``the Arms Control and
    Disarmament Agency,''.
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        If, after the date of enactment of the Nuclear Non-
    Proliferation Act of 1978, the Congress fails to disapprove a
    proposed agreement for cooperation which exempts the recipient
    nation from the requirement set forth in subsection 123 a. (2),
    such failure to act shall constitute a failure to adopt a
    resolution of disapproval pursuant to subsection 128 b. (3) for
    purposes of the Commission's consideration of applications and
    requests under section 126 a. (2) and there shall be no
    congressional review pursuant to section 128 of any subsequent
    license or authorization with respect to that state until the
    first such license or authorization which is issued after
    twelve months from the elapse of the sixty-day period in which
    the agreement for cooperation in question is reviewed by the
    Congress.
        Sec. 124.\124\ International Atomic Pool.--The President is
    authorized to enter into an international arrangement with a
    group of nations providing for international cooperation in the
    nonmilitary applications of atomic energy and he may thereafter
    cooperate with that group of nations pursuant to sections 54
    a., 57, 64, 82, 103, 104, or 114 a.: Provided, however, That
    the cooperation is undertaken pursuant to an agreement for
    cooperation entered into in accordance with section 123.
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        \124\ 42 U.S.C. 2154.
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        Sec. 125.\125\ Cooperation With Berlin.--The President may
    authorize the Commission to enter into agreement for
    cooperation with the Federal Republic of Germany in accordance
    with section 123, on behalf of Berlin, which for the purposes
    of this Act comprises those areas over which the Berlin Senate
    exercises jurisdiction (the United States, British, and French
    sectors) and the Commission may thereafter cooperate with
    Berlin pursuant to sections 54 a., 57, 64, 82, 103, or 104:
    Provided, That the guaranties required by section 123 shall be
    made by Berlin with the approval of the allied commandants.
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        \125\ Public Law 85-14 (71 Stat. 11) added sec. 125.
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        Sec. 126.\126\ Export Licensing Procedures.--
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        \126\ 42 U.S.C. 2155. Sec. 304(a) of the Nuclear Non-Proliferation
    Act of 1978 (Public Law 95-242; 92 Stat. 131) added sec. 126.
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        a. No license may be issued by the Nuclear Regulatory
    Commission (the ``Commission'') for the export of any
    production or utilization facility, or any source material or
    special nuclear material, including distributions of any
    material by the Department of Energy under section 54, 64, or
    82, for which a license is required or requested, and no
    exemption from any requirement for such an export license may
    be granted by the Commission, as the case may be, until--
              (1) The Commission has been notified by the Secretary
            of State that it is the judgment of the executive
            branch that the proposed export or exemption will not
            be inimical to the common defense and security, or that
            any export in the category to which the proposed export
            belongs would not be inimical to the common defense and
            security because it lacks significance for nuclear
            explosive purposes. The Secretary of State shall,
            within ninety days after the enactment of this section,
            establish orderly and expeditious procedures,\127\
            including provision for necessary administrative
            actions and inter-agency memoranda of understanding,
            which are mutually agreeable to the Secretaries of
            Energy, Defense, and Commerce, and the Nuclear
            Regulatory Commission,\128\ for the preparation of the
            executive branch judgment on export applications under
            this section. Such procedures shall include, at a
            minimum, explicit direction on the handling of such
            applications, express deadlines for the solicitation
            and collection of the views of the consulted agencies
            (with identified officials responsible for meeting such
            deadlines), an inter-agency coordinating authority to
            monitor the processing of such applications,
            predetermined procedures for the expeditious handling
            of intra-agency and inter-agency disagreements and
            appeals to higher authorities, frequent meetings of
            inter-agency administrative coordinators to review the
            status of all pending applications, and similar
            administrative mechanisms. To the extent practicable,
            an applicant should be advised of all the information
            required of the applicant for the entire process for
            every agency's needs at the beginning of the process.
            Potentially controversial applications should be
            identified as quickly as possible so that any required
            policy decisions or diplomatic consultations can be
            initiated in a timely manner. An immediate effort
            should be undertaken to establish quickly any necessary
            standards and criteria, including the nature of any
            required assurances or evidentiary showings, for the
            decisions required under this section. The processing
            of any export application proposed and filed as of the
            date of enactment of this section shall not be delayed
            pending the development and establishment of procedures
            to implement the requirements of this section. The
            executive branch judgment shall be completed in not
            more than sixty days from receipt of the application or
            request, unless the Secretary of State in his
            discretion specifically authorizes additional time for
            consideration of the application or request because it
            is in the national interest to allow such additional
            time. The Secretary shall notify the Committee on
            Foreign Relations of the Senate and the Committee on
            Foreign Affairs \115\ of the House of Representatives
            of any such authorization. In submitting any such
            judgment, the Secretary of State shall specifically
            address the extent to which the export criteria then in
            effect are met and the extent to which the cooperating
            party has adhered to the provision of the applicable
            agreement for cooperation. In the event he considers it
            warranted, the Secretary may also address the following
            additional factors, among others:
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        \127\ See text of procedures in Legislation on Foreign Relations
    Through 2005, vol. V, sec. L.
        \128\ Sec. 1225(d)(5) of the Foreign Affairs Agencies Consolidation
    Act of 1998 (subdivision A of division G of Public Law 105-277; 112
    Stat. 2681-774) struck out ``the Director of the Arms Control and
    Disarmament Agency, and the Nuclear Regulatory Commission'' and
    inserted in lieu thereof ``and the Nuclear Regulatory Commission,''.
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                      (A) whether issuing the license or granting
                    the exemption will materially advance the non-
                    proliferation policy of the United States by
                    encouraging the recipient nation to adhere to
                    the Treaty, or to participate in the
                    undertakings contemplated by section 403 or
                    404(a) of the Nuclear Non-Proliferation Act of
                    1978;
                      (B) whether failure to issue the license or
                    grant the exemption would otherwise be
                    seriously prejudicial to the non-proliferation
                    objectives of the United States; and
                      (C) whether the recipient nation or group of
                    nations has agreed that conditions
                    substantially identical to the export criteria
                    set forth in section 127 of this Act will be
                    applied by another nuclear supplier nation or
                    group of nations to the proposed United States
                    export, and whether in the Secretary's judgment
                    those conditions will be implemented in a
                    manner acceptable to the United States.
            The Secretary of State shall provide appropriate data
            and recommendations, subject to requests for additional
            data and recommendations, as required by the Commission
            or the Secretary of Energy, as the case may be; and
              (2) the Commission finds, based on a reasonable
            judgment of the assurances provided and other
            information available to the Federal Government,
            including the Commission, that the criteria in section
            127 of this Act or their equivalent, and any other
            applicable statutory requirements, are met: Provided,
            That continued cooperation under an agreement for
            cooperation as authorized in accordance with section
            124 of this Act shall not be prevented by failure to
            meet the provisions of paragraph (4) or (5) of section
            127 for a period of thirty days after enactment of this
            section, and for a period of twenty-three months
            thereafter if the Secretary of State notifies the
            Commission that the nation or group of nations bound by
            the relevant agreement has agreed to negotiations as
            called for in section 404(a) of the Nuclear Non-
            Proliferation Act of 1978; however, nothing in this
            subsection shall be deemed to relinquish any rights
            which the United States may have under agreements for
            cooperation in force on the date of enactment of this
            section: Provided further, That if, upon the expiration
            of such twenty-four month period, the President
            determines that failure to continue cooperation with
            any group of nations which has been exempted pursuant
            to the above proviso from the provisions of paragraph
            (4) or (5) of section 127 of this Act, but which has
            not yet agreed to comply with those provisions would be
            seriously prejudicial to the achievement of United
            States non-proliferation objectives or otherwise
            jeopardize the common defense and security, he may,
            after notifying the Congress of his determination,
            extend by Executive order the duration of the above
            proviso for a period of twelve months, and may further
            extend the duration of such proviso by one year
            increments annually thereafter if he again makes such
            determination and so notifies the Congress. In the
            event that the Committee on Foreign Affairs \115\ of
            the House of Representatives or the Committee on
            Foreign Relations of the Senate reports a joint
            resolution to take any action with respect to any such
            extension, such joint resolution will be considered in
            the House or Senate, as the case may be, under
            procedures identical to those provided for the
            consideration of resolutions pursuant to section 130 of
            this Act; And additionally provided, That the
            Commission is authorized to (A) make a single finding
            under this subsection for more than a single
            application or request, where the applications or
            requests involve exports to the same country, in the
            same general time frame, of similar significance for
            nuclear explosive purposes and under reasonably similar
            circumstances and (B) make a finding under this
            subsection that there is no materially changed
            circumstance associated with a new application or
            request from those existing at the time of the last
            application or request for an export to the same
            country, where the prior application or request was
            approved by the Commission using all applicable
            procedures of this section, and such finding of no
            materially changed circumstance shall be deemed to
            satisfy the requirement of this paragraph for findings
            of the Commission. The decision not to make any such
            findings in lieu of the findings which would otherwise
            be required to be made under this paragraph shall not
            be subject to judicial review: And provided further,
            That nothing contained in this section is intended to
            require the Commission independently to conduct or
            prohibit the Commission from independently conducting
            country or site specific visitations in the
            Commission's consideration of the application of IAEA
            safeguards.
        b. (1) Timely consideration shall be given by the
    Commission to requests for export licenses and exemptions and
    such requests shall be granted upon a determination that all
    applicable statutory requirements have been met.
        (2) If, after receiving the executive branch judgment that
    the issuance of a proposed export license will not be inimical
    to the common defense and security, the Commission does not
    issue the proposed license on a timely basis because it is
    unable to make the statutory determinations required under this
    Act, the Commission shall publicly issue its decision to that
    effect, and shall submit the license application to the
    President. The Commission's decision shall include an
    explanation of the basis for the decision and any dissenting or
    separate views. If, after receiving the proposed license
    application and reviewing the Commission's decision, the
    President determines that withholding the proposed export would
    be seriously prejudicial to the achievement of United States
    non-proliferation objectives, or would otherwise jeopardize the
    common defense and security, the proposed export may be
    authorized by Executive order.\129\ Provided, That prior to any
    such export, the President shall submit the Executive order,
    together with his explanation of why, in light of the
    Commission's decision, the export should nonetheless be made,
    to the Congress for a period of sixty days of continuous
    session (as defined in subsection 130 g.) and shall be referred
    to the Committee on Foreign Affairs \115\ of the House of
    Representatives and the Committee on Foreign Relations of the
    Senate, but any such proposed export shall not occur if during
    such sixty-day period the Congress adopts a concurrent
    resolution stating in substance that it does not favor the
    proposed export. Any such Executive order shall be considered
    pursuant to the procedures set forth in section 130 of this Act
    for the consideration of Presidential submissions: And provided
    further, That the procedures established pursuant to subsection
    (b) of section 304 of the Nuclear Non-Proliferation Act of 1978
    shall provide that the Commission shall immediately initiate
    review of any application for a license under this section and
    to the maximum extent feasible shall expeditiously process the
    application concurrently with the executive branch review,
    while awaiting the final executive branch judgment. In
    initiating its review, the Commission may identify a set of
    concerns and requests for information associated with the
    projected issuance of such licenses and shall transmit such
    concerns and requests to the executive branch which shall
    address such concerns and requests in its written
    communications with the Commission. Such procedures shall also
    provide that if the Commission has not completed action on the
    application within sixty days after the receipt of an executive
    branch judgment that the proposed export or exemption is not
    inimical to the common defense and security or that any export
    in the category to which the proposed export beings would not
    be inimical to the common defense and security because it lacks
    significance for nuclear explosive purposes, the Commission
    shall inform the applicant in writing of the reason for delay
    and provide follow-up reports as appropriate. If the Commission
    has not completed action by the end of any additional sixty
    days (a total of one hundred and twenty days from receipt of
    the executive branch judgment), the President may authorize the
    proposed export by Executive order, upon a finding that further
    delay would be excessive and upon making the findings required
    for such Presidential authorizations under this subsection, and
    subject to the Congressional review procedures set forth
    herein. However, if the Commission has commenced procedures for
    public participation regarding the proposed export under
    regulations promulgated pursuant to subsection (b) of section
    304 of the Nuclear Non-Proliferation Act of 1978, or--within
    sixty days after receipt of the executive branch judgment on
    the proposed export--the Commission has identified and
    transmitted to the executive branch a set of additional
    concerns or requests for information, the President may not
    authorize the proposed export until sixty days after public
    proceedings are completed or sixty days after a full executive
    branch response to the Commission's additional concerns or
    requests has been made consistent with subsection a. (1) of
    this section: Provided further, That nothing in this section
    shall affect the right of the Commission to obtain data and
    recommendations from the Secretary of State at any time as
    provided in subsection a. (1) of this section.
    ---------------------------------------------------------------------------
        \129\ Pursuant to Presidential Memorandum of October 3, 1980 (45
    F.R. 67629; October 14, 1980), the Secretary of State is authorized to
    determine the ``time, terms, and conditions of exports made pursuant to
    any Executive Order'' issued under this paragraph. This memorandum also
    authorized the Secretary, on behalf of the President, to issue ``such
    rules, regulations and procedures'' as deemed necessary in order to
    exercise the functions delegated by the memorandum.
    ---------------------------------------------------------------------------
        c. In the event that the House of Representatives or the
    Senate passes a joint resolution which would adopt one or more
    additional export criteria, or would modify any existing export
    criteria under this Act, any such joint resolution shall be
    referred in the other House to the Committee on Foreign
    Relations of the Senate or the Committee on Foreign Affairs
    \115\ of the House of Representatives, as the case may be, and
    shall be considered by the other House under applicable
    procedures provided for the consideration of resolutions
    pursuant to section 130 of this Act.
        Sec. 127.\130\ Criteria Governing United States Nuclear
    Exports.--
    ---------------------------------------------------------------------------
        \130\ 42 U.S.C. 2156. Sec. 305 of the Nuclear Non-Proliferation Act
    of 1978 (Public Law 95-242; 92 Stat 136) added sec. 127.
    ---------------------------------------------------------------------------
        The United States adopts the following criteria which, in
    addition to other requirements of law, will govern exports for
    peaceful nuclear uses from the United States of source
    material, special nuclear material, production or utilization
    facilities, and any sensitive nuclear technology:
              (1) IAEA safeguards as required by Article III(2) of
            the Treaty will be applied with respect to any such
            material or facilities proposed to be exported, to any
            such material or facilities proposed to be exported, to
            any such material or facilities previously exported and
            subject to the applicable agreement for cooperation,
            and to any special nuclear material used in or produced
            through the use thereof.
              (2) No such material, facilities, or sensitive
            nuclear technology proposed to be exported or
            previously exported and subject to the applicable
            agreement for cooperation, and no special nuclear
            material produced through the use of such materials,
            facilities, or sensitive nuclear technology, will be
            used for any nuclear explosive device or for research
            on or development of any nuclear explosive device.
              (3) Adequate physical security measures will be
            maintained with respect to such material or facilities
            proposed to be exported and to any special nuclear
            material used in or produced through the use thereof.
            Following the effective date of any regulations
            promulgated by the Commission pursuant to section
            304(d) of the Nuclear Non-Proliferation Act of 1978,
            physical security measures shall be deemed adequate if
            such measures provide a level of protection equivalent
            to that required by the applicable regulations.
              (4) No such materials, facilities, or sensitive
            nuclear technology proposed to be exported, and no
            special nuclear material produced through the use of
            such material, will be retransferred to the
            jurisdiction of any other nation or group of nations
            unless the prior approval of the United States is
            obtained for such retransfer. In addition to other
            requirements of law, the United States may approve such
            retransfer only if the nation or group of nations
            designated to receive such retransfer agrees that it
            shall be subject to the conditions required by this
            section.
              (5) No such material proposed to be exported and no
            special nuclear material produced through the use of
            such material will be reprocessed, and no irradiated
            fuel elements containing such material removed from a
            reactor shall be altered in form or content, unless the
            prior approval of the United States is obtained for
            such reprocessing or alteration.
              (6) No such sensitive nuclear technology shall be
            exported unless the foregoing conditions shall be
            applied to any nuclear material or equipment which is
            produced or constructed under the jurisdiction of the
            recipient nation or group of nations by or through the
            use of any such exported sensitive nuclear technology.
        Sec. 128.\131\ Additional Export Criterion and
    Procedures.--
    ---------------------------------------------------------------------------
        \131\ 42 U.S.C. 2157. Sec. 306 of the Non-Proliferation Act of 1978
    (92 Stat. 137) added sec. 128.
    ---------------------------------------------------------------------------
        a. (1) As a condition of continued United States export of
    source material, special nuclear material, production or
    utilization facilities, and any sensitive nuclear technology to
    non-nuclear-weapon states, no such export shall be made unless
    IAEA safeguards are maintained with respect to all peaceful
    nuclear activities in, under the jurisdiction of, or carried
    out under the control of such state at the time of the export.
        (2) The President shall seek to achieve adherence to the
    foregoing criterion by recipient non-nuclear-weapon states.
        b. The criterion set forth in subsection a. shall be
    applied as an export criterion with respect to any application
    for the export of materials, facilities, or technology
    specified in subsection a. which is filed after eighteen months
    from the date of enactment of this section, or for any such
    application under which the first export would occur at least
    twenty-four months after the date of enactment of this section,
    except as provided in the following paragraphs:
              (1) If the Commission or the Department of Energy, as
            the case may be, is notified that the President has
            determined that failure to approve an export to which
            this subsection applies because such criterion has not
            yet been met would be seriously prejudicial to the
            achievement of United States non-proliferation
            objectives or otherwise jeopardize the common defense
            and security, the license or authorization may be
            issued subject to other applicable requirements of law:
            Provided, That no such export of any production or
            utilization facility or of any source or special
            nuclear material (intended for use as fuel in any
            production or utilization facility) which has been
            licensed or authorized pursuant to this subsection
            shall be made to any non-nuclear-weapon state which has
            failed to meet such criterion until the first such
            license or authorization with respect to such state is
            submitted to the Congress (together with a detailed
            assessment of the reasons underlying the President's
            determination, the judgment of the executive branch
            required under section 126 of this Act, and any
            Commission opinion and views) for a period of sixty
            days of continuous session (as defined in subsection
            130 g. of this Act) and referred to the Committee on
            Foreign Affairs \132\ of the House of Representatives
            and the Committee on Foreign Relations of the Senate,
            but such export shall not occur if during such sixty-
            day period the Congress adopts a concurrent resolution
            stating in substance that the Congress does not favor
            the proposed export. Any such license or authorization
            shall be considered pursuant to the procedures set
            forth in section 130 of this Act for the consideration
            of Presidential submissions.
    ---------------------------------------------------------------------------
        \132\ Sec. 15(f)(5) of Public Law 103-437 (108 Stat. 4592) struck
    out ``International Relations'' and inserted in lieu thereof ``Foreign
    Affairs''. Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186)
    subsequently provided that references to the Committee on Foreign
    Affairs of the House of Representatives shall be treated as referring
    to the Committee on International Relations of the House of
    Representatives.
    ---------------------------------------------------------------------------
              (2) If the Congress adopts a resolution of
            disapproval pursuant to paragraph (1), no further
            export of materials, facilities, or technology
            specified in subsection a. shall be permitted for the
            remainder of that Congress, unless such state meets the
            criterion or the President notifies the Congress that
            he has determined that significant progress has been
            made in achieving adherence to such criterion by such
            state or that United States foreign policy interests
            dictate reconsideration and the Congress, pursuant to
            the procedure of paragraph (1), does not adopt a
            concurrent resolution stating in substance that it
            disagrees with the President's determination.
              (3) If the Congress does not adopt a resolution of
            disapproval with respect to a license or authorization
            submitted pursuant to paragraph (1), the criterion set
            forth in subsection a. shall not be applied as an
            export criterion with respect to exports of materials,
            facilities and technology specified in subsection a. to
            that state: Provided, That the first license or
            authorization with respect to that state which is
            issued pursuant to this paragraph after twelve months
            from the elapse of the sixty-day period specified in
            paragraph (1), and the first such license or
            authorization which is issued after each twelve-month
            period thereafter, shall be submitted to the Congress
            for review pursuant to the procedures specified in
            paragraph (1): Provided further, That if the Congress
            adopts a resolution of disapproval during any review
            period provided for by this paragraph, the provisions
            of paragraph (2) shall apply with respect to further
            exports to such state.
        Sec. 129.\133\ Conduct Resulting in Termination of Nuclear
    Exports.--
    ---------------------------------------------------------------------------
        \133\ 42 U.S.C. 2158. Sec. 307 of the Nuclear Non-Proliferation Act
    of 1978 (Public Law 95-242; 92 Stat. 138) added sec. 129.
    ---------------------------------------------------------------------------
        a.\134\ No nuclear materials and equipment or sensitive
    nuclear technology shall be exported to--
    ---------------------------------------------------------------------------
        \134\ Sec. 632(a)(1) of the Energy Policy Act of 2005 (subtitle B
    of title VI of Public Law 109-58; 119 Stat. 788) added ``a.''
    ---------------------------------------------------------------------------
              (1) any non-nuclear-weapon state that is found by the
            President to have, at any time after the effective date
            of this section,
                      (A) detonated a nuclear explosive device; or
                      (B) terminated or abrogated IAEA safeguards;
                    or
                      (C) materially violated an IAEA safeguards
                    agreement; or
                      (D) engaged in activities involving source or
                    special nuclear material and having direct
                    significance for the manufacture or acquisition
                    of nuclear explosive devices, and has failed to
                    take steps which, in the President's judgment,
                    represent sufficient progress toward
                    terminating such activities; or
              (2) any nation or group of nations that is found by
            the President to have, at any time after the effective
            date of this section,
                      (A) materially violated an agreement for
                    cooperation with the United States, or, with
                    respect to material or equipment not supplied
                    under an agreement for cooperation, materially
                    violated the terms under which such material or
                    equipment was supplied or the terms of any
                    commitments obtained with respect thereto
                    pursuant to section 402(a) of the Nuclear Non-
                    Proliferation Act of 1978; or
                      (B) assisted, encouraged, or induced any non-
                    nuclear-weapon state to engage in activities
                    involving source or special nuclear material
                    and having direct significance for the
                    manufacture or acquisition of nuclear explosive
                    devices, and has failed to take steps which, in
                    the President's judgment, represent sufficient
                    progress toward terminating such assistance,
                    encouragement, or inducement; or
                      (C) entered into an agreement after the date
                    of enactment of this section for the transfer
                    of reprocessing equipment, materials, or
                    technology to the sovereign control of a non-
                    nuclear-weapon state except in connection with
                    an international fuel cycle evaluation in which
                    the United States is a participant or pursuant
                    to a subsequent international agreement or
                    understanding to which the United States
                    subscribes;
    unless the President determines \135\ that cessation of such
    exports would be seriously prejudicial to the achievement of
    United States nonproliferation objectives or otherwise
    jeopardize the common defense and security: Provided, That
    prior to the effective date of any such determination, the
    President's determination, together with a report containing
    the reasons for his determination, shall be submitted to the
    Congress and referred to the Committee on Foreign Affairs \132\
    of the House of Representatives and the Committee on Foreign
    Relations of the Senate for a period of sixty days of
    continuous session (as defined in subsection 130 g. of this
    Act), but any such determination shall not become effective if
    during such sixty-day period the Congress adopts a concurrent
    resolution stating in substance that it does not favor the
    determination. Any such determination shall be considered
    pursuant to the procedures set forth in section 130 of this Act
    for the consideration of Presidential submissions.
    ---------------------------------------------------------------------------
        \135\ The President made such a determination relating to Romania
    on August 30, 1993 (Presidential Determination No. 93-36; 58 F.R.
    48261; September 15, 1993).
    ---------------------------------------------------------------------------
        b.(1) \136\ Notwithstanding any other provision of law,
    including specifically section 121 of this Act, and except as
    provided in paragraphs (2) and (3), no nuclear materials and
    equipment or sensitive nuclear technology, including items and
    assistance authorized by section 57 b. of this Act and
    regulated under part 810 of title 10, Code of Federal
    Regulations, and nuclear-related items on the Commerce Control
    List maintained under part 774 of title 15 of the Code of
    Federal Regulations, shall be exported or reexported, or
    transferred or retransferred whether directly or indirectly,
    and no Federal agency shall issue any license, approval, or
    authorization for the export or reexport, or transfer, or
    retransfer, whether directly or indirectly, of these items or
    assistance (as defined in this paragraph) to any country whose
    government has been identified by the Secretary of State as
    engaged in state sponsorship of terrorist activities
    (specifically including any country the government of which has
    been determined by the Secretary of State under section 620A(a)
    of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)),
    section 6(j)(1) of the Export Administration Act of 1979 (50
    U.S.C. App. 2405(j)(1)), or section 40(d) of the Arms Export
    Control Act (22 U.S.C. 2780(d)) to have repeatedly provided
    support for acts of international terrorism).
    ---------------------------------------------------------------------------
        \136\ Sec. 632(a)(2) of the Energy Policy Act of 2005 (subtitle B
    of title VI of Public Law 109-58; 119 Stat. 788) added subsec. b. Sec.
    632(b) of that Act provided as follows:
        ``(b) Applicability to Exports Approved for Transfer but Not
    Exported.--Subsection b. of section 129 of Atomic Energy Act of 1954,
    as added by subsection (a) of this section, shall apply with respect to
    exports that have been approved for transfer as of the date of the
    enactment of this Act but have not yet been transferred as of that
    date.''.
    ---------------------------------------------------------------------------
        (2) This subsection shall not apply to exports, reexports,
    transfers, or retransfers of radiation monitoring technologies,
    surveillance equipment, seals, cameras, tamper-indication
    devices, nuclear detectors, monitoring systems, or equipment
    necessary to safely store, transport, or remove hazardous
    materials, whether such items, services, or information are
    regulated by the Department of Energy, the Department of
    Commerce, or the Commission, except to the extent that such
    technologies, equipment, seals, cameras, devices, detectors, or
    systems are available for use in the design or construction of
    nuclear reactors or nuclear weapons.
        (3) The President may waive the application of paragraph
    (1) to a country if the President determines and certifies to
    Congress that the waiver will not result in any increased risk
    that the country receiving the waiver will acquire nuclear
    weapons, nuclear reactors, or any materials or components of
    nuclear weapons and--
              (A) the government of such country has not within the
            preceding 12-month period willfully aided or abetted
            the international proliferation of nuclear explosive
            devices to individuals or groups or willfully aided and
            abetted an individual or groups in acquiring
            unsafeguarded nuclear materials;
              (B) in the judgment of the President, the government
            of such country has provided adequate, verifiable
            assurances that it will cease its support for acts of
            international terrorism;
              (C) the waiver of that paragraph is in the vital
            national security interest of the United States; or
              (D) such a waiver is essential to prevent or respond
            to a serious radiological hazard in the country
            receiving the waiver that may or does threaten public
            health and safety.
        Sec. 130.\137\ Congressional Review Procedures.--
    ---------------------------------------------------------------------------
        \137\ 42 U.S.C. 2159. Sec. 308 of the Nuclear Non-Proliferation Act
    of 1978 (Public Law 95-242; 92 Stat. 139) added sec. 130.
    ---------------------------------------------------------------------------
        a. Not later than forty-five days of continuous session of
    Congress after the date of transmittal to the Congress of any
    submission of the President required by subsection 126 a. (2),
    126 b. (2), 128 b., 129, 131 a. (3), or 131 f. (1)(A) of this
    Act, the Committee on Foreign Relations of the Senate and the
    Committee on Foreign Affairs \132\ of the House of
    Representatives,\138\ shall each submit a report to its
    respective House on its views and recommendations respecting
    such Presidential submission together with a resolution, as
    defined in subsection f., stating in substance that the
    Congress approves or disapproves such submission, as the case
    may be: Provided, That if any such committee has not reported
    such a resolution at the end of such forty-five day period,
    such committee shall be deemed to be discharged from further
    consideration of such submission.\139\ If no such resolution
    has been reported at the end of such period, the first
    resolution, as defined in subsection f., which is introduced
    within five days thereafter within such House shall be placed
    on the appropriate calendar of such House.
    ---------------------------------------------------------------------------
        \138\ At this point, sec. 301(c)(1) of Public Law 99-64 (99 Stat.
    160) struck out the following words: ``, and in addition, in the case
    of a proposed agreement for cooperation arranged pursuant to subsection
    91 c., 144 b., or 144 c., the Committee on Armed Services of the House
    of Representatives and the Committee on Armed Services of the
    Senate,''.
        \139\ At this point, sec. 301(c)(1) of Public Law 99-64 (99 Stat.
    160) struck out the following words: ``and if, in the case of a
    proposed agreement for cooperation arranged pursuant to subsection 91
    c., 144 b., or 144 c. of this Act, the other relevant committee of that
    House has reported such a resolution, such committee shall be deemed
    discharged from further consideration of that resolution''.
    ---------------------------------------------------------------------------
        b. When the relevant committee or committees have reported
    such a resolution (or have been discharged from further
    consideration of such a resolution pursuant to subsection a.)
    or when a resolution has been introduced and placed on the
    appropriate calendar pursuant to subsection a., as the case may
    be, it is at any time thereafter in order (even though a
    previous motion to the same effect has been disagreed to) for
    any Member of the respective House to move to proceed to the
    consideration of the resolution. The motion is highly
    privileged and is not debatable. The motion shall not be
    subject to amendment, or to a motion to postpone, or to a
    motion to proceed to the consideration of other business. A
    motion to reconsider the vote by which the motion is agreed to
    or disagreed to shall not be in order. If a motion to proceed
    to the consideration of the resolution is agreed to, the
    resolution shall remain the unfinished business of the
    respective House until disposed of.
        c. Debate on the resolution, and on all debatable motions
    and appeals in connection therewith, shall be limited to not
    more than ten hours, which shall be divided equally between
    individuals favoring and individuals opposing the resolution. A
    motion further to limit debate is in order and not debatable.
    An amendment to a motion to postpone, or a motion to recommit
    the resolution, or a motion to proceed to the consideration of
    other business is not in order. A motion to reconsider the vote
    by which the resolution is agreed to or disagreed to shall not
    be in order. No amendment to any concurrent resolution pursuant
    to the procedures of this section is in order except as
    provided in subsection d.
        d. Immediately following (1) the conclusion of the debate
    on such concurrent resolution, (2) a single quorum call at the
    conclusion of debate if requested in accordance with the rules
    of the appropriate House, and (3) the consideration of an
    amendment introduced by the Majority Leader or his designee to
    insert the phrase, ``does not'' in lieu of the word ``does'' if
    the resolution under consideration is a concurrent resolution
    of approval, the vote on final approval of the resolution shall
    occur.
        e. Appeals from the decisions of the Chair relating to the
    application of the rules of the Senate or the House of
    Representatives, as the case may be, to the procedure relating
    to such a resolution shall be decided without debate.
        f. For the purposes of subsections a. through e. of this
    section, the term ``resolution'' means a concurrent resolution
    of the Congress, the matter after the resolving clause of which
    is as follows: ``That the Congress (does or does not) favor the
    ...................... transmitted to the Congress by the
    President on ......................, ......'', the blank spaces
    therein to be appropriately filled, and the affirmative or
    negative phrase within the parentheses to be appropriately
    selected.
        g. (1) Except as provided in paragraph (2), for \140\ the
    purposes of this section--
    ---------------------------------------------------------------------------
        \140\ Sec. 301(c)(1) of Public Law 99-64 (99 Stat. 160) struck out
    ``For'' and inserted in lieu thereof ``g. (1) Except as provided in
    paragraph (2), for''.
    ---------------------------------------------------------------------------
              (A) continuity of session is broken only by an
            adjournment of Congress sine die; and
              (B) the days on which either House is not in session
            because of an adjournment of more than three days to a
            day certain are excluded in the
        computation of any period of time in which Congress is in
    continuous session.
        (2) \141\ For purposes of this section insofar as it
    applies to section 123--
    ---------------------------------------------------------------------------
        \141\ Sec. 301(c)(2)(A) of Public Law 99-64 (99 Stat. 160) added
    para. (2).
    ---------------------------------------------------------------------------
              (A) continuity of session is broken only by an
            adjournment of Congress sine die at the end of a
            Congress; and
              (B) the days on which either House is not in session
            because of an adjournment of more than three days are
            excluded in the computation of any period of time in
            which Congress is in continuous session.
        h. This section is enacted by Congress--
              (1) as an exercise of the rulemaking power of the
            Senate and the House of Representatives, respectively,
            and as such they are deemed a part of the rules of each
            House, respectively, but applicable only with respect
            to the procedure to be followed in that House in the
            case of resolutions described by subsection f. of this
            section; and they supersede other rules only to the
            extent that they are inconsistent therewith; and
              (2) with full recognition of the constitutional right
            of either House to change the rules (so far as relating
            to the procedure of that House) at any time, in the
            same manner and to the same extent as in the case of
            any other rule of that House.
        i.\142\ (1) For the purposes of this subsection, the term
    ``joint resolution'' means a joint resolution, the matter after
    the resolving clause of which is as follows: ``That the
    Congress (does or does not) favor the proposed agreement for
    cooperation transmitted to the Congress by the President on
            .'', with the date of the transmission of the proposed
    agreement for cooperation inserted in the blank, and the
    affirmative or negative phrase within the parentheses
    appropriately selected.
    ---------------------------------------------------------------------------
        \142\ Sec. 301(c)(2)(B) of Public Law 99-64 (99 Stat. 161) added
    subsec. (i).
    ---------------------------------------------------------------------------
        (2) On the day on which a proposed agreement for
    cooperation is submitted to the House of Representatives and
    the Senate under section 123 d., a joint resolution with
    respect to such agreement for cooperation shall be introduced
    (by request) in the House by the chairman of the Committee on
    Foreign Affairs,\143\ for himself and the ranking minority
    member of the Committee, or by Members of the House designated
    by the chairman and ranking minority member; and shall be
    introduced (by request) in the Senate by the majority leader of
    the Senate, for himself and the minority leader of the Senate,
    or by Members of the Senate designated by the majority leader
    and minority leader of the Senate. If either House is not in
    session on the day on which such an agreement for cooperation
    is submitted, the joint resolution shall be introduced in that
    House, as provided in the preceding sentence, on the first day
    thereafter on which that House is in session.
    ---------------------------------------------------------------------------
        \143\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
        (3) All joint resolutions introduced in the House of
    Representatives shall be referred to the appropriate committee
    or committees, and all joint resolutions introduced in the
    Senate shall be referred to the Committee on Foreign Relations
    and in addition, in the case of a proposed agreement for
    cooperation arranged pursuant to section 91 c., 144 b., or 144
    c., the Committee on Armed Services.
        (4) If the committee of either House to which a joint
    resolution has been referred has not reported it at the end of
    45 days after its introduction, the committee shall be
    discharged from further consideration of the joint resolution
    or of any other joint resolution introduced with respect to the
    same matter, except that, in the case of a joint resolution
    which has been referred to more than one committee, if before
    the end of that 45-day period one such committee has reported
    the joint resolution, any other committee to which the joint
    resolution was referred shall be discharged from further
    consideration of the joint resolution or of any other joint
    resolution introduced with respect to the same matter.
        (5) A joint resolution under this subsection shall be
    considered in the Senate in accordance with the provisions of
    section 601(b)(4) of the International Security Assistance and
    Arms Export Control Act of 1976. For the purpose of expediting
    the consideration and passage of joint resolutions reported or
    discharged pursuant to the provisions of this subsection, it
    shall be in order for the Committee on Rules of the House of
    Representatives to present for consideration a resolution of
    the House of Representatives providing procedures for the
    immediate consideration of a joint resolution under this
    subsection which may be similar, if applicable, to the
    procedures set forth in section 601(b)(4) of the International
    Security Assistance and Arms Export Control Act of 1976.
        (6) In the case of a joint resolution described in
    paragraph (1), if prior to the passage by one House of a joint
    resolution in that House, that House received a joint
    resolution with respect to the same matter from the other
    House, then--
              (A) the procedures in that House shall be the same as
            if no joint resolution had been received from the other
            House; but
              (B) the vote on final passage shall be on the joint
            resolution of the other House.
        Sec. 131.\144\ Subsequent Arrangements.--
    ---------------------------------------------------------------------------
        \144\ 42 U.S.C. 2160. Sec. 303(a) of the Nuclear Non-Proliferation
    Act of 1978 (92 Stat. 127) added sec. 131.
    ---------------------------------------------------------------------------
        a. (1) Prior to entering into any proposed subsequent
    arrangement under an agreement for cooperation (other than an
    agreement for cooperation arranged pursuant to subsection 91
    c., 144 b., or 144 c. of this Act), the Secretary of Energy
    shall obtain the concurrence of the Secretary of State and
    shall consult with \145\ the Commission, and the Secretary of
    Defense: Provided, That the Secretary of State shall have the
    leading role in any negotiations of a policy nature pertaining
    to any proposed subsequent arrangement regarding arrangements
    for the storage or disposition of irradiated fuel elements or
    approvals for the transfer, for which prior approval is
    required under an agreement for cooperation, by a recipient of
    source or special nuclear material, production or utilization
    facilities, or nuclear technology. Notice of any proposed
    subsequent arrangement shall be published in the Federal
    Register, together with the written determination of the
    Secretary of Energy that such arrangement will not be inimical
    to the common defense and security, and such proposed
    subsequent arrangement shall not take effect before fifteen
    days after publication. Whenever the Secretary of State is
    required \146\ to prepare a Nuclear Proliferation Assessment
    Statement pursuant to paragraph (2) of this subsection, notice
    of the proposed subsequent arrangement which is the subject of
    the requirement to prepare a Nuclear Proliferation Assessment
    Statement \147\ shall not be published until after the receipt
    by the Secretary of Energy of such Statement or the expiration
    of the time authorized by subsection c. for the preparation of
    such Statement, whichever occurs first.\148\
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        \145\ Sec. 1225(d)(6)(A)(i) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-774) struck out ``the Director,''.
        \146\ Sec. 1225(d)(6)(A)(ii) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-774) struck out ``the Director declares that he
    intends'' and inserted in lieu thereof ``the Secretary of State is
    required''.
        \147\ Sec. 1225(d)(6)(A)(iii) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-774) struck out ``the Director's declaration''
    and inserted in lieu thereof ``the requirement to prepare a Nuclear
    Proliferation Assessment Statement''.
        \148\ Sec. 406 of the Nuclear Non-Proliferation Act of 1978 (92
    Stat. 148) provided that ``No court or regulatory body shall have any
    jurisdiction under any law to compel the performance of or to review
    the adequacy of the performance of any Nuclear Proliferation Assessment
    Statement called for in this Act or in the 1954 Act.''.
    ---------------------------------------------------------------------------
        (2) If in the view of the Secretary of State, Secretary of
    Energy, Secretary of Defense, or the Commission \149\ a
    proposed subsequent arrangement might significantly contribute
    to proliferation, the Secretary of State, in consultation with
    such Secretary or the Commission, shall prepare \150\ an
    unclassified Nuclear Proliferation Assessment Statement \148\
    with regard to such proposed subsequent arrangement regarding
    the adequacy of the safeguards and other control mechanisms and
    the application of the peaceful use assurances of the relevant
    agreement to ensure that assistance to be furnished pursuant to
    the subsequent arrangement will not be used to further any
    military or nuclear explosive purpose. For the purposes of this
    section, the term ``subsequent arrangements'' means
    arrangements entered into by any agency or department of the
    United States Government with respect to cooperation with any
    nation or group of nations (but not purely private or domestic
    arrangements) involving--
    ---------------------------------------------------------------------------
        \149\ Sec. 1225(d)(6)(B)(i) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-774) struck out ``Director's view'' and
    inserted in lieu thereof ``view of the Secretary of State, Secretary of
    Energy, Secretary of Defense, or the Commission''.
        \150\ Sec. 1225(d)(6)(B)(ii) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-774) struck out ``he shall prepare'' and
    inserted in lieu thereof ``the Secretary of State, in consultation with
    such Secretary or the Commission, shall prepare''.
    ---------------------------------------------------------------------------
              (A) contracts for the furnishing of nuclear materials
            and equipment;
              (B) approvals for the transfer, for which prior
            approval is required under an agreement for
            cooperation, by a recipient of any source or special
            nuclear material, production or utilization facility,
            or nuclear technology;
              (C) authorization for the distribution of nuclear
            materials and equipment pursuant to this Act which is
            not subject to the procedures set forth in section 111
            b., section 126, or section 109 b.;
              (D) arrangements for physical security;
              (E) arrangements for the storage or disposition of
            irradiated fuel elements;
              (F) arrangements for the application of safeguards
            with respect to nuclear materials and equipment; or
              (G) any other arrangement which the President finds
            to be important from the standpoint of preventing
            proliferation.
        (3) The United States will give timely consideration to all
    requests for prior approval, when required by this Act, for the
    reprocessing of material proposed to be exported, previously
    exported and subject to the applicable agreement for
    cooperation, or special nuclear material produced through the
    use of such material or a production or utilization facility
    transferred pursuant to such agreement for cooperation, or to
    the altering of irradiated fuel elements containing such
    material, and additionally, to the maximum extent feasible,
    will attempt to expedite such consideration when the terms and
    conditions for such actions are set forth in such agreement for
    cooperation or in some other international agreement executed
    by the United States and subject to congressional review
    procedures comparable to those set forth in section 123 of this
    Act.
        (4) All other statutory requirements under other sections
    of this Act for the approval or conduct of any arrangement
    subject to this subsection shall continue to apply and any
    other such requirements for prior approval or conditions for
    entering such arrangements shall also be satisfied before the
    arrangement takes effect pursuant to subsection a. (1).
        b. With regard to any special nuclear material exported by
    the United States or produced through the use of any nuclear
    materials and equipment or sensitive nuclear technology
    exported by the United States--
              (1) the Secretary of Energy may not enter into any
            subsequent arrangement for the retransfer of any such
            material to a third country for reprocessing, for the
            reprocessing of any such material, or for the
            subsequent retransfer of any plutonium in quantities
            greater than 500 grams resulting from the reprocessing
            of any such material, until he has provided the
            Committee on Foreign Affairs \151\ of the House of
            Representatives and the Committee on Foreign Relations
            of the Senate with a report containing his reasons for
            entering into such arrangement and a period of 15 days
            of continuous session (as defined in subsection 130 g.
            of this Act) has elapsed: Provided, however, That if in
            the view of the President an emergency exists due to
            unforeseen circumstances requiring immediate entry into
            a subsequent arrangement, such period shall consist of
            fifteen calendar days;
    ---------------------------------------------------------------------------
        \151\ Sec. 15(f)(6)(A) of Public Law 103-437 (108 Stat. 4592)
    struck out ``International Relations'' and inserted in lieu thereof
    ``Foreign Affairs''. Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186)
    subsequently provided that references to the Committee on Foreign
    Affairs of the House of Representatives shall be treated as referring
    to the Committee on International Relations of the House of
    Representatives.
    ---------------------------------------------------------------------------
              (2) the Secretary of Energy may not enter into any
            subsequent arrangement for the reprocessing of any such
            material in a facility which has not processed power
            reactor fuel assemblies or been the subject of a
            subsequent arrangement therefor prior to the date of
            enactment of the Nuclear Non-Proliferation Act of 1978
            or for subsequent retransfer to a non-nuclear-weapon
            state of any plutonium in quantities greater than 500
            grams resulting from such reprocessing, unless in his
            judgment, and that of the Secretary of State, such
            reprocessing or retransfer will not result in a
            significant increase of the risk of proliferation
            beyond that which exists at the time that approval is
            requested. Among all the factors in making this
            judgment, foremost consideration will be given to
            whether or not the reprocessing or retransfer will take
            place under conditions that will ensure timely warning
            to the United States of any diversion well in advance
            of the time at which the non-nuclear-weapon state could
            transform the diverted material into a nuclear
            explosive device; and
              (3) the Secretary of Energy shall attempt to ensure,
            in entering into any subsequent arrangement for the
            reprocessing of any such material in any facility that
            has processed power reactor fuel assemblies or been the
            subject of a subsequent arrangement therefor prior to
            the date of enactment of the Nuclear Non-Proliferation
            Act of 1978, or for the subsequent retransfer to any
            non-nuclear-weapon state of any plutonium in quantities
            greater than 500 grams resulting from such
            reprocessing, that such reprocessing or retransfer
            shall take place under conditions comparable to those
            which in this view, and that of the Secretary of State,
            satisfy the standards set forth in the paragraph (2).
        c. The Secretary of Energy shall, within ninety days after
    the enactment of this section, establish orderly and
    expeditious procedures, including provision for necessary
    administrative actions and inter-agency memoranda of
    understanding, which are mutually agreeable to the Secretaries
    of State, Defense, and Commerce \152\ and the Nuclear
    Regulatory Commission for the consideration of requests for
    subsequent arrangements under this section.\153\ Such
    procedures shall include, at a minimum, explicit direction on
    the handling of such requests, express deadlines for the
    solicitation and collection of the views of the consulted
    agencies (with identified officials responsible for meeting
    such deadlines), an inter-agency coordinating authority to
    monitor the processing of such requests, predetermined
    procedures for the expeditious handling of intra-agency and
    inter-agency disagreements and appeals to higher authorities,
    frequent meetings of inter-agency administrative coordinators
    to review the status of all pending requests, and similar
    administrative mechanisms. To the extent practicable, an
    applicant should be advised of all the information required of
    the applicant for the entire process for every agency's needs
    at the beginning of the process. Potentially controversial
    requests should be identified as quickly as possible so that
    any required policy decisions or diplomatic consultations can
    be initiated in a timely manner. An immediate effort should be
    undertaken to establish quickly any necessary standards and
    criteria, including the nature of any required assurance or
    evidentiary showings, for the decisions required under this
    section. Further, such procedures shall specify that if he
    intends to prepare a Nuclear Proliferation Assessment
    Statement, the Secretary of State \154\ shall so declare in his
    response to the Department of Energy. If the Secretary of State
    \154\ declares that he intends to prepare such a Statement, he
    shall do so within sixty days of his receipt of a copy of the
    proposed subsequent arrangement (during which time the
    Secretary of Energy may not enter into the subsequent
    arrangement), unless pursuant to the Secretary of State's \154\
    request, the President waives the sixty-day requirement and
    notifies the Committee on Foreign Affairs \151\ of the House of
    Representatives and the Committee on Foreign Relations of the
    Senate of such waiver and the justification therefor. The
    processing of any subsequent arrangement proposed and filed as
    of the date of enactment of this section shall not be delayed
    pending the development and establishment of procedures to
    implement the requirements of this section.
    ---------------------------------------------------------------------------
        \152\ Sec. 1225(d)(7)(A) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-775) struck out ``, the Director of the Arms
    Control and Disarmament Agency,''.
        \153\ See text of procedures in Legislation on Foreign Relations
    Through 2005, vol. V, sec. L.
        \154\ Sec. 1225(d)(7)(B) of the Foreign Affairs Agencies
    Consolidation Act of 1998 (subdivision A of division G of Public Law
    105-277; 112 Stat. 2681-774) struck out ``Director'' in the sixth and
    seventh sentence of this subsection, and inserted in lieu thereof
    ``Secretary of State''. Sec. 1225(d)(7)(C) of that Act struck out
    ``Director's'' and inserted in lieu thereof ``Secretary of State's'' in
    the seventh sentence.
    ---------------------------------------------------------------------------
        d. Nothing in this section is intended to prohibit,
    permanently or unconditionally, the reprocessing of spent fuel
    owned by a foreign nation which fuel has been supplied by the
    United States, to preclude the United States from full
    participation in the International Nuclear Fuel Cycle
    Evaluation provided for in section 105 of the Nuclear Non-
    Proliferation Act of 1978; to in any way limit the presentation
    or consideration in that evaluation of any nuclear fuel cycle
    by the United States or any other participation; nor the
    prejudice open and objective consideration of the results of
    the evaluation.
        e. Notwithstanding subsection 402(d) of the Department of
    Energy Organization Act (Public Law 95-91), the Secretary of
    Energy, and not the Federal Energy Regulatory Commission, shall
    have sole jurisdiction within the Department of Energy over any
    matter arising from any function of the Secretary of Energy in
    this section.
        f. (1) With regard to any subsequent arrangement under
    subsection a. (2)(E) (for the storage or disposition of
    irradiated fuel elements), where such arrangement involves a
    direct or indirect commitment of the United States for the
    storage or other disposition, interim or permanent, of any
    foreign spent nuclear fuel in the United States, the Secretary
    of Energy may not enter into any such subsequent arrangement,
    unless:
              (A)(i) Such commitment of the United States has been
            submitted to the Congress for a period of sixty days of
            continuous session (as defined in subsection 130 g. of
            this Act) and has been referred to the Committee on
            Foreign Affairs \151\ of the House of Representatives
            and the Committee on Foreign Relations of the Senate,
            but any such commitment shall not become effective if
            during such sixty-day period the Congress adopts a
            concurrent resolution stating in substance that it does
            not favor the commitment, any such commitment to be
            considered pursuant to the procedures set forth in
            section 130 of this Act for the consideration of
            Presidential submissions; or (ii) if the President has
            submitted a detailed generic plan for such disposition
            or storage in the United States to the Congress for a
            period of sixty days of continuous session (as defined
            in subsection 130 g. of this Act), which plan has been
            referred to the Committee on Foreign Affairs \151\ of
            the House of Representatives and the Committee on
            Foreign Relations of the Senate and has not been
            disapproved during such sixty-day period by the
            adoption of a concurrent resolution stating in
            substance that Congress does not favor the plan; and
            the commitment is subject to the terms of an effective
            plan. Any such plan shall be considered pursuant to the
            procedures set forth in section 130 of this Act for the
            consideration of Presidential submissions;
              (B) The Secretary of Energy has complied with
            subsection a.; and
              (C) The Secretary of Energy has complied, or in the
            arrangement will comply with all other statutory
            requirements of this Act, under sections 54 and 55 and
            any other applicable sections, and any other
            requirements of law.
        (2) Subsection (1) shall not apply to the storage or other
    disposition in the United States of limited quantities of
    foreign spent nuclear fuel if the President determines that (A)
    a commitment under section 54 or 55 of this Act of the United
    States for storage or other disposition of such limited
    quantities in the United States is required by an emergency
    situation, (B) it is in the national interest to take such
    immediate action, and (C) he notifies the Committees on Foreign
    Affairs \151\ and Science, Space, and Technology \155\ of the
    House of Representatives and the Committees on Foreign
    Relations and Energy and Natural Resources of the Senate of the
    determination and action, with a detailed explanation and
    justification thereof, as soon as possible.
    ---------------------------------------------------------------------------
        \155\ Sec. 15(f)(6)(B) of Public Law 103-437 (108 Stat. 4593)
    struck out ``Science and Technology'' and inserted in lieu thereof
    ``Science, Space, and Technology''. Sec. 1(a)(10) of Public Law 104-14
    (109 Stat. 187) subsequently provided that references to the Committee
    on Science, Space, and Technology of the House of Representatives shall
    be treated as referring to the Committee on Science of the House of
    Representatives.
    ---------------------------------------------------------------------------
        (3) Any plan submitted by the President under subsection f.
    (1) shall include a detailed discussion, with detailed
    information, and any supporting documentation thereof, relating
    to policy objectives, technical description, geographic
    information, cost data and justifications, legal and regulatory
    considerations, environmental impact information and any
    related international agreements, arrangements or
    understandings.
        (4) For the purposes of this subsection, the term ``foreign
    spent nuclear fuel'' shall include any nuclear fuel irradiated
    in any nuclear power reactor located outside of the United
    States and operated by any foreign legal entity, government or
    nongovernment, regardless of the legal ownership or other
    control of the fuel or the reactor and regardless of the origin
    or licensing of the fuel or reactor, but not including fuel
    irradiated in a research reactor.
        Sec. 132.\156\ Authority to Suspend Nuclear Cooperation
    with Nations Which Have Not Ratified the Convention on the
    Physical Security of Nuclear Material.--
    ---------------------------------------------------------------------------
        \156\ 42 U.S.C. 2160b. Sec. 602 of Public Law 99-399 (100 Stat.
    875) added sec. 132.
    ---------------------------------------------------------------------------
        The President may suspend nuclear cooperation under this
    Act with any nation or group of nations which has not ratified
    the Convention on the Physical Security of Nuclear Material.
        Sec. 133.\157\ Consultation with the Department of Defense
    Concerning Certain Exports and Subsequent Arrangements.--
    ---------------------------------------------------------------------------
        \157\ 42 U.S.C. 2160c. Sec. 603 of Public Law 99-399 (100 Stat.
    875) added sec. 133.
    ---------------------------------------------------------------------------
        a. In addition to other applicable requirements--
              (1) a license may be issued by the Nuclear Regulatory
            Commission under this Act for the export of special
            nuclear material described in subsection b.; and
              (2) approval may be granted by the Secretary of
            Energy under section 131 of this Act for the transfer
            of special nuclear material described in subsection b.;
    only after the Secretary of Defense has been consulted on
    whether the physical protection of that material during the
    export or transfer will be adequate to deter theft, sabotage,
    and other acts of international terrorism which would result in
    the diversion of that material. If, in the view of the
    Secretary of Defense based on all available intelligence
    information, the export or transfer might be subject to a
    genuine terrorist threat, the Secretary shall provide to the
    Nuclear Regulatory Commission or the Secretary of Energy, as
    appropriate, his written assessment of the risk and a
    description of the actions the Secretary of Defense considers
    necessary to upgrade physical protection measures.
        b. Subsection a. applies to the export or transfer of more
    than 2 kilograms of plutonium or more than 5 kilograms \158\ of
    uranium enriched to more than 20 percent in the isotope 233 or
    the isotope 235.
    ---------------------------------------------------------------------------
        \158\ Sec. 829 of Public Law 103-236 (108 Stat. 521) struck out
    ``20 kilograms'' and inserted in lieu thereof ``5 kilograms''.
    ---------------------------------------------------------------------------
        Sec. 134.\159\ Further Restrictions on Exports.--
    ---------------------------------------------------------------------------
        \159\ 42 U.S.C. 2160d. Sec. 903(a)(1) of the Energy Policy Act of
    1992 (Public Law 102-486; 106 Stat. 2944) added sec. 134.
        Sec. 903(b) of that Act further provided the following:
        ``(b) Report to Congress.--
    ---------------------------------------------------------------------------

      ``(1) In general.--Not later than 90 days after the date of the enactment
    of this Act, the Chairman of the Nuclear Regulatory Commission, after
    consulting with other relevant agencies, shall submit to the Congress a
    report detailing the current disposition of previous United States exports
    of highly enriched uranium, including--

      ``(A) their location;

      ``(B) whether they are irradiated;

      ``(C) whether they have been used for the purpose stated in their export
    license; and

      ``(D) whether they have been used for an alternative purpose and, if so,
    whether such alternative purpose has been explicitly approved by the
    Commission.

      ``(2) Exports to euratom.--To the maximum extent possible, the report
    required by paragraph (1) shall include--

      ``(A) exports of highly enriched uranium to EURATOM; and

      ``(B) subsequent retransfers of such material within EURATOM, without
    regard to the extent of United States control over such retransfers.''.

        a. In General.--Except as provided in subsection b., the
    Commission \160\ may issue a license for the export of highly
    enriched uranium to be used as a fuel or target in a nuclear
    research or test reactor only if, in addition to any other
    requirement of this Act, the Commission determines that--
    ---------------------------------------------------------------------------
        \160\ Sec. 630(1) of the Energy Policy Act of 2005 (subtitle B of
    title VI of Public Law 109-58; 119 Stat. 785) struck out ``a. The
    Commission'' and inserted in lieu thereof ``a. In General.--Except as
    provided in subsection b., the Commission''.
    ---------------------------------------------------------------------------
              (1) there is no alternative nuclear reactor fuel or
            target enriched in the isotope 235 to a lesser percent
            than the proposed export, that can be used in that
            reactor;
              (2) the proposed recipient of that uranium has
            provided assurances that, whenever an alternative
            nuclear reactor fuel or target can be used in that
            reactor, it will use that alternative in lieu of highly
            enriched uranium; and
              (3) the United States Government is actively
            developing an alternative nuclear reactor fuel or
            target that can be used in that reactor.
        b.\161\ Medical Isotope Production.--
    ---------------------------------------------------------------------------
        \161\ Sec. 630(2) of the Energy Policy Act of 2005 (subtitle B of
    title VI of Public Law 109-58; 119 Stat. 785) redesignated subsec. b.
    as subsec. c., and added a new subsec. b.
    ---------------------------------------------------------------------------
              (1) Definitions.--In this subsection:
                      (A) Highly enriched uranium.--The term
                    ``highly enriched uranium'' means uranium
                    enriched to include concentration of U-235
                    above 20 percent.
                      (B) Medical isotope.--The term ``medical
                    isotope'' includes Molybdenum 99, Iodine 131,
                    Xenon 133, and other radioactive materials used
                    to produce a radiopharmaceutical for
                    diagnostic, therapeutic procedures or for
                    research and development.
                      (C) Radiopharmaceutical.--The term
                    ``radiopharmaceutical'' means a radioactive
                    isotope that--
                              (i) contains byproduct material
                            combined with chemical or biological
                            material; and
                              (ii) is designed to accumulate
                            temporarily in a part of the body for
                            therapeutic purposes or for enabling
                            the production of a useful image for
                            use in a diagnosis of a medical
                            condition.
                      (D) Recipient country.--The term ``recipient
                    country'' means Canada, Belgium, France,
                    Germany, and the Netherlands.
              (2) Licenses.--The Commission may issue a license
            authorizing the export (including shipment to and use
            at intermediate and ultimate consignees specified in
            the license) to a recipient country of highly enriched
            uranium for medical isotope production if, in addition
            to any other requirements of this Act (except
            subsection a.), the Commission determines that--
                      (A) a recipient country that supplies an
                    assurance letter to the United States
                    Government in connection with the consideration
                    by the Commission of the export license
                    application has informed the United States
                    Government that any intermediate consignees and
                    the ultimate consignee specified in the
                    application are required to use the highly
                    enriched uranium solely to produce medical
                    isotopes; and
                      (B) the highly enriched uranium for medical
                    isotope production will be irradiated only in a
                    reactor in a recipient country that--
                              (i) uses an alternative nuclear
                            reactor fuel; or
                              (ii) is the subject of an agreement
                            with the United States Government to
                            convert to an alternative nuclear
                            reactor fuel when alternative nuclear
                            reactor fuel can be used in the
                            reactor.
              (3) Review of physical protection requirements.--
                      (A) In general.--The Commission shall review
                    the adequacy of physical protection
                    requirements that, as of the date of an
                    application under paragraph (2), are applicable
                    to the transportation and storage of highly
                    enriched uranium for medical isotope production
                    or control of residual material after
                    irradiation and extraction of medical isotopes.
                      (B) Imposition of additional requirements.--
                    If the Commission determines that additional
                    physical protection requirements are necessary
                    (including a limit on the quantity of highly
                    enriched uranium that may be contained in a
                    single shipment), the Commission shall impose
                    such requirements as license conditions or
                    through other appropriate means.
              (4) First report to congress.--
                      (A) NAS study.--The Secretary shall enter
                    into an arrangement with the National Academy
                    of Sciences to conduct a study to determine--
                              (i) the feasibility of procuring
                            supplies of medical isotopes from
                            commercial sources that do not use
                            highly enriched uranium;
                              (ii) the current and projected demand
                            and availability of medical isotopes in
                            regular current domestic use;
                              (iii) the progress that is being made
                            by the Department of Energy and others
                            to eliminate all use of highly enriched
                            uranium in reactor fuel, reactor
                            targets, and medical isotope production
                            facilities; and
                              (iv) the potential cost differential
                            in medical isotope production in the
                            reactors and target processing
                            facilities if the products were derived
                            from production systems that do not
                            involve fuels and targets with highly
                            enriched uranium.
                      (B) Feasibility.--For the purpose of this
                    subsection, the use of low enriched uranium to
                    produce medical isotopes shall be determined to
                    be feasible if--
                              (i) low enriched uranium targets have
                            been developed and demonstrated for use
                            in the reactors and target processing
                            facilities that produce significant
                            quantities of medical isotopes to serve
                            United States needs for such isotopes;
                              (ii) sufficient quantities of medical
                            isotopes are available from low
                            enriched uranium targets and fuel to
                            meet United States domestic needs; and
                              (iii) the average anticipated total
                            cost increase from production of
                            medical isotopes in such facilities
                            without use of highly enriched uranium
                            is less than 10 percent.
                      (C) Report by the secretary.--Not later than
                    5 years after the date of enactment of the
                    Energy Policy Act of 2005, the Secretary shall
                    submit to Congress a report that--
                              (i) contains the findings of the
                            National Academy of Sciences made in
                            the study under subparagraph (A); and
                              (ii) discloses the existence of any
                            commitments from commercial producers
                            to provide domestic requirements for
                            medical isotopes without use of highly
                            enriched uranium consistent with the
                            feasibility criteria described in
                            subparagraph (B) not later than the
                            date that is 4 years after the date of
                            submission of the report.
              (5) Second report to congress.--If the study of the
            National Academy of Sciences determines under paragraph
            (4)(A)(i) that the procurement of supplies of medical
            isotopes from commercial sources that do not use highly
            enriched uranium is feasible, but the Secretary is
            unable to report the existence of commitments under
            paragraph (4)(C)(ii), not later than the date that is 6
            years after the date of enactment of the Energy Policy
            Act of 2005, the Secretary shall submit to Congress a
            report that describes options for developing domestic
            supplies of medical isotopes in quantities that are
            adequate to meet domestic demand without the use of
            highly enriched uranium consistent with the cost
            increase described in paragraph (4)(B)(iii).
              (6) Certification.--At such time as commercial
            facilities that do not use highly enriched uranium are
            capable of meeting domestic requirements for medical
            isotopes, within the cost increase described in
            paragraph (4)(B)(iii) and without impairing the
            reliable supply of medical isotopes for domestic
            utilization, the Secretary shall submit to Congress a
            certification to that effect.
              (7) Sunset provision.--After the Secretary submits a
            certification under paragraph (6), the Commission
            shall, by rule, terminate its review of export license
            applications under this subsection.
        c.\161\ As used in this section--
              (1) the term ``alternative nuclear reactor fuel or
            target'' means a nuclear reactor fuel or target which
            is enriched to less than 20 percent in the isotope U-
            235;
              (2) the term ``highly enriched uranium'' means
            uranium enriched to 20 percent or more in the isotope
            U-235; and
              (3) a fuel or target ``can be used'' in a nuclear
            research or test reactor if--
                      (A) the fuel or target has been qualified by
                    the Reduced Enrichment Research and Test
                    Reactor Program of the Department of Energy,
                    and
                      (B) use of the fuel or target will permit the
                    large majority of ongoing and planned
                    experiments and isotope production to be
                    conducted in the reactor without a large
                    percentage increase in the total cost of
                    operating the reactor.

                       Chapter 12. Control of Information

        Sec. 141.\162\ Policy.--It shall be the policy of the
    Commission to control the dissemination and declassification of
    Restricted Data in such a manner as to assure the common
    defense and security. Consistent with such policy, the
    Commission shall be guided by the following principles:
    ---------------------------------------------------------------------------
        \162\ 42 U.S.C. 2161.
    ---------------------------------------------------------------------------
        a. Until effective and enforceable international safeguards
    against the use of atomic energy for destructive purposes have
    been established by an international arrangement, there shall
    be no exchange of Restricted Data with other nations except as
    authorized by section 144; and
        b. The dissemination of scientific and technical
    information relating to atomic energy should be permitted and
    encouraged so as to provide that free interchange of ideas and
    criticism which is essential to scientific and industrial
    progress and public understanding and to enlarge the fund of
    technical information.
        Sec. 142.\163\ Classification and Declassification of
    Restricted Data.--
    ---------------------------------------------------------------------------
        \163\ 42 U.S.C. 2162. Sec. 3152 of the National Defense
    Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
    2644) originally added a subsec. f. to this section. Sec. 3155(c)(3) of
    Public Law 103-337 (108 Stat. 3092) subsequently repealed subsec. f.,
    which formerly read as follows:
        ``f. Notwithstanding any other law, the President may publicly
    release 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. 3155 of Public Law 104-106 (110 Stat. 625; 42 U.S.C. 2162
    note) provided the following:
    ---------------------------------------------------------------------------

    ``sec. 3155. review of certain documents before declassification and
    release.
    ---------------------------------------------------------------------------

        ``(a) In General.--The Secretary of Energy shall ensure that,
    before a document of the Department of Energy that contains national
    security information is released or declassified, such document is
    reviewed to determine whether it contains restricted data.
        ``(b) Limitation on Declassification.--The Secretary may not
    implement the automatic declassification provisions of Executive Order
    12958 if the Secretary determines that such implementation could result
    in the automatic declassification and release of documents containing
    restricted data.
        ``(c) Restricted Data Defined.--In this section, the term
    `restricted data' has the meaning provided by section 11 y. of the
    Atomic Energy Act of 1954 (42 U.S.C. 2014(y)).''.
    ---------------------------------------------------------------------------
        a. The Commission shall from time to time determine the
    data, within the definition of Restricted Data, which can be
    published without undue risk to the common defense and security
    and shall thereupon cause such data to be declassified and
    removed from the category of Restricted Data.
        b. The Commission shall maintain a continuous review of
    Restricted Data and of any Classification Guides issued for the
    guidance of those in the atomic energy program with respect to
    the areas of Restricted Data which have been declassified in
    order to determine which information may be declassified and
    removed from the category of Restricted Data without undue risk
    to the common defense and security.
        c. In the case of Restricted Data which the Commission and
    the Department of Defense jointly determine to relate primarily
    to the military utilization of atomic weapons, the
    determination that such data may be published without
    constituting an unreasonable risk to the common defense and
    security shall be made by the Commission and the Department of
    Defense jointly, and if the Commission and the Department of
    Defense do not agree, the determination shall be made by the
    President.
        d. The Commission shall remove from the Restricted Data
    category such data as the Commission and the Department of
    Defense jointly determine relates primarily to the military
    utilization of atomic weapons and which the Commission and
    Department of Defense jointly determine can be adequately
    safeguarded as defense information: Provided, however, That no
    such data so removed from the Restricted Data category shall be
    transmitted or otherwise made available to any nation or
    regional defense organization, while such data remains defense
    information, except pursuant to an agreement for cooperation
    entered into in accordance with subsection b. or d. of section
    144.\164\
    ---------------------------------------------------------------------------
        \164\ Sec. 3155(c)(2) of Public Law 103-337 (108 Stat. 3092) struck
    out ``subsection 144 b.'' and inserted in lieu thereof ``subsection b.
    or d. of section 144.''.
    ---------------------------------------------------------------------------
        e. The Commission shall remove from the Restricted Data
    category such information concerning the atomic energy programs
    of other nations as the Commission and the Director of Central
    Intelligence jointly determine to be necessary to carry out the
    provisions of section 102(d) of the National Security Act of
    1947, as amended, and can be adequately safeguarded as defense
    information.
        Sec. 143.\165\ Department of Defense Participation.--The
    Commission may authorize any of its employees, or employees of
    any contractor, prospective contractor, licensee or prospective
    licensee of the Commission or any other person authorized
    access to Restricted Data by the Commission under subsections
    145 b. and 145 c.\166\ to permit any employee of an agency of
    the Department of Defense or of its contractors, or any member
    of the Armed Forces to have access to Restricted Data required
    in the performance of his duties and so certified by the head
    of the appropriate agency of the Department of Defense or his
    designee: Provided, however, That the head of the appropriate
    agency of the Department of Defense or his designee has
    determined, in accordance with the established personnel
    security procedures and standards of such agency, that
    permitting the member or employee to have access to such
    Restricted Data will not endanger the common defense and
    security: And provided further, That the Secretary of Defense
    finds that the established personnel and other security
    procedures and standards of such agency are adequate and in
    reasonable conformity to the standards established by the
    Commission under section 145.
    ---------------------------------------------------------------------------
        \165\ 42 U.S.C. 2163.
        \166\ Sec. 14 of Public Law 84-1006 (70 Stat. 1069) added the words
    ``or any other person authorized access to Restricted Data by the
    Commission under subsection 145 b.''. Sec. 5 of Public Law 87-206 (75
    Stat. 475) deleted the words ``subsection 145 b.,'' and substituted in
    lieu thereof ``subsections 145 b. and 145 c.''.
    ---------------------------------------------------------------------------
        Sec. 144.\167\ International Cooperation.--
    ---------------------------------------------------------------------------
        \167\ 42 U.S.C. 2164. Sec. 3154(a) of Public Law 104-106 (110 Stat.
    624; 42 U.S.C. 2164 note) provided the following:
    ---------------------------------------------------------------------------

    ``sec. 3154. prohibition on international inspections of department of
    energy facilities unless protection of restricted data is certified.
    ---------------------------------------------------------------------------

        ``(a) Prohibition on Inspections.--(1) The Secretary of Energy may
    not allow an inspection of a nuclear weapons facility by the
    International Atomic Energy Agency until the Secretary certifies to
    Congress that no restricted data will be revealed during such
    inspection.
        ``(2) For purposes of paragraph (1), the term `restricted data' has
    the meaning provided by section 11 y. of the Atomic Energy Act of 1954
    (42 U.S.C. 2014(y)).''.
    ---------------------------------------------------------------------------
        a. The President may authorize the Commission to cooperate
    with another nation and to communicate to that nation
    Restricted Data on--
              (1) refining, purification, and subsequent treatment
            of source material;
              (2) civilian \168\ reactor development;
    ---------------------------------------------------------------------------
        \168\ Sec. 5 of Public Law 85-479 (72 Stat. 276) amended subsec. a
    of sec. 144 by inserting the word ``civilian'' before the words
    ``reactor development'' in clause (2).
    ---------------------------------------------------------------------------
              (3) production of special nuclear material;
              (4) health and safety;
              (5) industrial and other applications of atomic
            energy for peaceful purposes; and
              (6) research and development relating to the
            foregoing:
    Provided, however, That no such cooperation shall involve the
    communication of Restricted Data relating to the design or
    fabrication of atomic weapons: And provided further, That the
    cooperation is undertaken pursuant to an agreement for
    cooperation entered into in accordance with section 123, or is
    undertaken pursuant to an agreement existing on the effective
    date of this act.
        b.\169\ The President may authorize the Department of
    Defense, with the assistance of the Commission, to cooperate
    with another nation or with a regional defense organization to
    which the United States is a party, and to communicate to that
    nation or organization such Restricted Data (including design
    information) as is necessary to--
    ---------------------------------------------------------------------------
        \169\ Sec. 6 of Public Law 85-479 (72 Stat. 276) amended sec. 144
    by substituting a new subsec. b. Subsec. b. previously read as follows:
        ``b. The President may authorize the Department of Defense, with
    the assistance of the Commission, to cooperate with another nation or
    with a regional defense organization to which the United States is a
    party, and to communicate to that nation or organization such
    Restricted Data as is necessary to--
    ---------------------------------------------------------------------------

      ``(1) the development of defense plans;

      ``(2) the training of personnel in the employment of and defense against
    atomic weapons; and

      ``(3) the evaluation of the capabilities of potential enemies in the
    employment of atomic weapons,

    ``while such other nation or organization is participating with the United
    States pursuant to an international arrangement by substantial and material
    contributions to the mutual defense and security: Provided, however, That
    no such cooperation shall involve communication of Restricted Data relating
    to the design or fabrication of atomic weapons except with regard to
    external characteristics, including size, weight, and shape, yields and
    effects, and systems employed in the delivery or use thereof but not
    including any data in these categories unless in the joint judgment of the
    Commission and the Department of Defense such data will not reveal
    important information concerning the design or fabrication of the nuclear
    components of an atomic weapon: And provided further, That the cooperation
    is undertaken pursuant to an agreement entered into in accordance with
    section 123.''.

              (1) the development of defense plans;
              (2) the training of personnel in the employment of
            and defense against atomic weapons; and other military
            applications of atomic energy;
              (3) the evaluation of the capabilities of potential
            enemies in the employment of atomic weapons and other
            military applications of atomic energy; and
              (4) the development of compatible delivery systems
            for atomic weapons;
    whenever the President determines that the proposed cooperation
    and the proposed communication of the Restricted Data will
    promote and will not constitute an unreasonable risk to the
    common defense and security, while such other nation or
    organization is participating with the United States pursuant
    to an international arrangement by substantial and material
    contributions to the mutual defense and security: Provided,
    however, That the cooperation is undertaken pursuant to an
    agreement entered into in accordance with section 123.
        c.\170\ In addition to the cooperation authorized in
    subsections 144 a. and 144 b., the President may authorize the
    Commission, with the assistance of the Department of Defense,
    to cooperate with another nation and--
    ---------------------------------------------------------------------------
        \170\ Sec. 7 of Public Law 85-479 (72 Stat. 276) amended sec. 144
    by adding subsecs. c. and d. (redesignated as subsec. e.).
    ---------------------------------------------------------------------------
              (1) to exchange with that nation Restricted Data
            concerning atomic weapons: Provided, That communication
            of such Restricted Data to that nation is necessary to
            improve its atomic weapon design, development, or
            fabrication capability and provided that nation has
            made substantial progress in the development of atomic
            weapons; and
              (2) to communicate or exchange with that nation
            Restricted Data concerning research, development, or
            design, or military reactors,
    whenever the President determines that the proposed cooperation
    and the communication of the proposed Restricted Data will
    promote and will not constitute an unreasonable risk to the
    common defense and security, while such other nation is
    participating with the United States pursuant to an
    international arrangement by substantial and material
    contributions to the mutual defense and security: Provided,
    however, That the cooperation is undertaken pursuant to an
    agreement entered into in accordance with section 123.
        d.\171\ (1) In addition to the cooperation authorized in
    subsections a., b., and c., the President may, upon making a
    determination described in paragraph (2), authorize the
    Department of Energy, with the assistance of the Department of
    Defense, to cooperate with another nation to communicate to
    that nation such Restricted Data, and the President may, upon
    making such determination, authorize the Department of Defense,
    with the assistance of the Department of Energy, to cooperate
    with another nation to communicate to that nation such data
    removed from the Restricted Data category under section 142, as
    is necessary for--
    ---------------------------------------------------------------------------
        \171\ Sec. 3155(a)(2) of Public Law 103-337 (108 Stat. 3091) added
    subsec. d.
    ---------------------------------------------------------------------------
              (A) the support of a program for the control of and
            accounting for fissile material and other weapons
            material;
              (B) the support of the control of and accounting for
            atomic weapons;
              (C) the verification of a treaty; and
              (D) the establishment of international standards for
            the classification of data on atomic weapons, data on
            fissile material, and related data.
        (2) A determination referred to in paragraph (1) is a
    determination that the proposed cooperation and proposed
    communication referred to in that paragraph--
              (A) will promote the common defense and security
            interests of the United States and the nation
            concerned; and
              (B) will not constitute an unreasonable risk to such
            common defense and security interests.
        (3) Cooperation under this subsection shall be undertaken
    pursuant to an agreement for cooperation entered into in
    accordance with section 123.
        e.\172\ The President may authorize an agency of the United
    States to communicate in accordance with the terms and
    conditions of an agreement for cooperation arranged pursuant to
    subsection 144 a., b., c., or d.,\173\ such Restricted Data as
    is determined to be transmissible under the agreement for
    cooperation involved.
    ---------------------------------------------------------------------------
        \172\ Sec. 7 of Public Law 85-479 (72 Stat. 276) added this
    subsection as subsec. d. Sec. 3155(a)(1) of Public Law 103-337 (108
    Stat. 3091) redesignated this subsection as subsec. e.
        \173\ Sec. 3155(c)(4) of Public Law 103-337 (108 Stat. 3092) struck
    out ``or c.'' and inserted in lieu thereof ``c., or d.''.
    ---------------------------------------------------------------------------
        Sec. 145.\174\ Restrictions.--
    ---------------------------------------------------------------------------
        \174\ 42 U.S.C. 2165.
    ---------------------------------------------------------------------------
        a. No arrangement shall be made under section 31, no
    contract shall be made or continued in effect under section 41,
    and no license shall be issued under section 103 or 104, unless
    the person with whom such arrangement is made, the contractor
    or prospective contractor, or the prospective licensee agrees
    in writing not to permit any individual to have access to
    Restricted Data until the Civil Service Commission shall have
    made an investigation and report to the Commission on the
    character, associations, and loyalty of such individual, and
    the Commission shall have determined that permitting such
    person to have access to Restricted Data will not endanger the
    common defense and security.
        b. Except as authorized by the Commission or the General
    Manager upon a determination by the Commission or General
    Manager that such action is clearly consistent with the
    national interest, no individual shall be employed by the
    Commission nor shall the Commission permit any individual to
    have access to Restricted Data until the Civil Service
    Commission shall have made an investigation and report to the
    Commission on the character, associations and loyalty of such
    individual, and the Commission shall have determined that
    permitting such person to have access to Restricted Data will
    not endanger the common defense and security.
              * * * * * * *
        Sec. 147.\175\ Safeguards Information.--
    ---------------------------------------------------------------------------
        \175\ 42 U.S.C. 2167. Sec. 147 was added by sec. 207(a)(1) of
    Public Law 96-295 (94 Stat. 788).
    ---------------------------------------------------------------------------
        a. In addition to any other authority or requirement
    regarding protection from disclosure of information, and
    subject to subsection (b)(3) of section 552 of title 5 of the
    United States Code, the Commission shall prescribe such
    regulations, after notice and opportunity for public comment,
    or issue such orders, as necessary to prohibit the unauthorized
    disclosure of safeguards information which specifically
    identifies a licensee's or applicant's detailed--
              (1) control and accounting procedures or security
            measures (including security plans, procedures or
            equipment) for the physical protection of special
            nuclear material, by whomever possessed, whether in
            transit or at fixed sites, in quantities determined by
            the Commission to be significant to the public health
            and safety or the common defense and security;
              (2) security measures (including security plans,
            procedures and equipment) for the physical protection
            of source material or byproduct material, by whomever
            possessed, whether in transit or at fixed sites, in
            quantities determined by the Commission to be
            significant to the public health and safety or the
            common defense and security; or
              (3) security measures (including security plans,
            procedures, and equipment) for the physical protection
            of and the location of certain plant equipment vital to
            the safety of production or utilization facilities
            involving nuclear materials covered by paragraphs (1)
            and (2)
    if the unauthorized disclosure of such information could
    reasonably be expected to have a significant adverse effect on
    the health and safety of the public or the common defense and
    security by significantly increasing the likelihood of theft,
    diversion, or sabotage of such material or such facility. The
    Commission shall exercise the authority of this subsection--
              (A) so as to apply the minimum restrictions needed to
            protect the health and safety of the public or the
            common defense and security, and
              (B) upon a determination that the unauthorized
            disclosure of such information could reasonably be
            expected to have a significant adverse effect on the
            health and safety of the public or the common defense
            and security by significantly increasing the likelihood
            of theft, diversion, or sabotage of such material or
            such facility.
    Nothing in this Act shall authorize the Commission to prohibit
    the public disclosure of information pertaining to the routes
    and quantities of shipments of source material, by-product
    material, high level nuclear waste, or irradiated nuclear
    reactor fuel. Any person, whether or not a licensee of the
    Commission, who violates any regulation adopted under this
    section shall be subject to the civil monetary penalties of
    section 234 of this Act. Nothing in this section shall be
    construed to authorize the withholding of information from the
    duly authorized committees of the Congress.
        b. For the purposes of section 223 of this Act, any
    regulations or orders prescribed or issued by the Commission
    under this section shall also be deemed to be prescribed or
    issued under section 161 b. of this Act.
        c. Any determination by the Commission concerning the
    applicability of this section shall be subject to judicial
    review pursuant to subsection (a)(4)(B) of section 552 of title
    5 of the United States Code.
        d. Upon prescribing or issuing any regulation or order
    under subsection a. of this section, the Commission shall
    submit to Congress a report that:
              (1) specifically identifies the type of information
            the Commission intends to protect from disclosure under
            the regulation or order;
              (2) specifically states the Commission's
            justification for determining that unauthorized
            disclosure of the information to be protected from
            disclosure under the regulation or order could
            reasonably be expected to have a significant adverse
            effect on the health and safety of the public or the
            common defense and security by significantly increasing
            the likelihood of theft, diversion, or sabotage of such
            material or such facility, as specified under
            subsection (a) of this section; and
              (3) provides justification, including proposed
            alternative regulations or orders, that the regulation
            or order applies only the minimum restrictions needed
            to protect the health and safety of the public or the
            common defense and security.
        e. In addition to the reports required under subsection d.
    of this section, the Commission shall submit to Congress on a
    quarterly basis a report detailing the Commission's application
    during that period of every regulation or order prescribed or
    issued under this section. In particular, the report shall:
              (1) identify any information protected from
            disclosure pursuant to such regulation or order;
              (2) specifically state the Commission's justification
            for determining that unauthorized disclosure of the
            information protected from disclosure under such
            regulation or order could reasonably be expected to
            have a significant adverse effect on the health and
            safety of the public or the common defense and security
            by significantly increasing the likelihood of theft,
            diversion or sabotage of such material, or such
            facility, as specified under subsection a. of this
            section; and
              (3) provide justification that the Commission has
            applied such regulation or order so as to protect from
            disclosure only the minimum amount of information
            necessary to protect the health and safety of the
            public or the common defense and security.
        Sec. 148.\176\ Prohibition Against the Dissemination of
    Certain Unclassified Information.--
    ---------------------------------------------------------------------------
        \176\ 42 U.S.C. 2168. Sec. 210(a)(1) of Public Law 97-90 (95 Stat.
    1169) added sec. 148.
    ---------------------------------------------------------------------------
        a. (1) In addition to any other authority or requirement
    regarding protection from dissemination of information, and
    subject to section 552(b)(3) of title 5, United States Code,
    the Secretary of Energy (hereinafter in this section referred
    to as the ``Secretary''), with respect to atomic energy defense
    programs,\177\ shall prescribe such regulations, after notice
    and opportunity for public comment thereon, or issue such
    orders as may be necessary to prohibit the unauthorized
    dissemination of unclassified information pertaining to--
    ---------------------------------------------------------------------------
        \177\ Sec. 17(a) of Public Law 97-415 (96 Stat. 2076) added ``,
    with respect to atomic energy defense programs,''.
    ---------------------------------------------------------------------------
              (A) the design of production facilities or
            utilization facilities;
              (B) security measures (including security plans,
            procedures, and equipment) for the physical protection
            of (i) production or utilization facilities, (ii)
            nuclear material contained in such facilities, or (iii)
            nuclear material in transit; or
              (C) the design, manufacture, or utilization of any
            atomic weapon or component if the design, manufacture,
            or utilization of such weapon or component was
            contained in any information declassified or removed
            from the Restricted Data category by the Secretary (or
            the head of the predecessor agency of the Department of
            Energy) pursuant to section 142.
        (2) The Secretary may prescribe regulations or issue orders
    under paragraph (1) to prohibit the dissemination of any
    information described in such paragraph only if and to the
    extent that the Secretary determines that the unauthorized
    dissemination of such information could reasonably be expected
    to have a significant adverse effect on the health and safety
    of the public or the common defense and security by
    significantly increasing the likelihood of (A) illegal
    production of nuclear weapons, or (B) theft, diversion, or
    sabotage of nuclear materials, equipment, or facilities.
        (3) In making a determination under paragraph (2), the
    Secretary may consider what the likelihood of an illegal
    production, theft, diversion, or sabotage referred to in such
    paragraph would be if the information proposed to be prohibited
    from dissemination under this section were at no time available
    for dissemination.
        (4) The Secretary shall exercise his authority under this
    subsection to prohibit the dissemination of any information
    described in subsection a. (1)--
              (A) so as to apply the minimum restrictions needed to
            protect the health and safety of the public or the
            common defense and security; and
              (B) upon a determination that the unauthorized
            dissemination of such information could reasonably be
            expected to result in a significant adverse effect on
            the health and safety of the public or the common
            defense and security by significantly increasing the
            likelihood of (i) illegal production of nuclear
            weapons, or (ii) theft, diversion, or sabotage of
            nuclear materials, equipment, or facilities.
        (5) Nothing in this section shall be construed to authorize
    the Secretary to authorize the withholding of information from
    the appropriate committees of the Congress.
        b. (1) Any person who violates any regulation or order of
    the Secretary issued under this section with respect to the
    unauthorized dissemination of information shall be subject to a
    civil penalty, to be imposed by the Secretary, of not to exceed
    $100,000 for each such violation. The Secretary may compromise,
    mitigate, or remit any penalty imposed under this subsection.
        (2) The provisions of subsections b. and c. of section 234
    of this Act shall be applicable with respect to the imposition
    of civil penalties by the Secretary under this section in the
    same manner that such provisions are applicable to the
    imposition of civil penalties by the Commission under
    subsection a. of such section.
        c. For the purposes of section 223 of this Act, any
    regulation prescribed or order issued by the Secretary under
    this section shall also be deemed to be prescribed or issued
    under section 161 b. of this Act.
        d.\178\ Any determination by the Secretary concerning the
    applicability of this section shall be subject to judicial
    review pursuant to section 552(a)(4)(B) of title 5, United
    States Code.
    ---------------------------------------------------------------------------
        \178\ Sec. 17(b) of Public Law 97-415 (96 Stat. 2076) added
    subsecs. d. and e.
    ---------------------------------------------------------------------------
        e.\178\ The Secretary shall prepare on a quarterly basis a
    report to be made available upon the request of any interested
    person, detailing the Secretary's application during that
    period of each regulation or order prescribed or issued under
    this section. In particular, such report shall--
              (1) identify any information protected from
            disclosure pursuant to such regulation or order;
              (2) specifically state the Secretary's justification
            for determining that unauthorized dissemination of the
            information protected from disclosure under such
            regulation or order could reasonably be expected to
            have a significant adverse effect on the health and
            safety of the public or the common defense and security
            by significantly increasing the likelihood of illegal
            production of nuclear weapons, or theft, diversion, or
            sabotage of nuclear materials, equipment, or
            facilities, as specified under subsection a.; and
              (3) provide justification that the Secretary has
            applied such regulation or order so as to protect from
            disclosure only the minimum amount of information
            necessary to protect the health and safety of the
            public or the common defense and security.
        Sec. 149.\179\ Fingerprinting for Criminal History Record
    Checks.--
    ---------------------------------------------------------------------------
        \179\ 42 U.S.C. 2169. Sec. 606 of Public Law 99-399 (100 Stat. 876)
    added sec. 149.
    ---------------------------------------------------------------------------
        a.(1)(A)(i) \180\ The Commission shall require each
    individual or entity described in clause (ii) to fingerprint
    each individual described in subparagraph (B) before the
    individual described in subparagraph (B) is permitted access
    under subparagraph (B).
    ---------------------------------------------------------------------------
        \180\ Sec. 652(1)(A) of the Energy Policy Act of 2005 (Public Law
    109-58; 119 Stat. 810) amended and restated subsec. a., which formerly
    read as follows:
        ``a. The Nuclear Regulatory Commission (in this section referred to
    as the `Commission') shall require each licensee or applicant for a
    license to operate a utilization facility under section 103 or 104 b.
    to fingerprint each individual who is permitted unescorted access to
    the facility or is permitted access to safeguards information under
    section 147.''.
    ---------------------------------------------------------------------------
        (ii) The individuals and entities referred to in clause (i)
    are individuals and entities that, on or before the date on
    which an individual is permitted access under subparagraph
    (B)--
              (I) are licensed or certified to engage in an
            activity subject to regulation by the Commission;
              (II) have filed an application for a license or
            certificate to engage in an activity subject to
            regulation by the Commission; or
              (III) have notified the Commission in writing of an
            intent to file an application for licensing,
            certification, permitting, or approval of a product or
            activity subject to regulation by the Commission.
        (B) The Commission shall require to be fingerprinted any
    individual who--
              (i) is permitted unescorted access to--
                      (I) a utilization facility; or
                      (II) radioactive material or other property
                    subject to regulation by the Commission that
                    the Commission determines to be of such
                    significance to the public health and safety or
                    the common defense and security as to warrant
                    fingerprinting and background checks; or
              (ii) is permitted access to safeguards information
            under section 147.
        (2) \181\ All fingerprints obtained by an individual or
    entity as required in paragraph (1) shall be submitted to the
    Attorney General of the United States through the Commission
    for identification and a criminal history records check.
    ---------------------------------------------------------------------------
        \181\ Sec. 652(1)(B) of Public Law 109-58 (119 Stat. 811) struck
    out ``All fingerprints obtained by a licensee or applicant as required
    in the preceding sentence'' and inserted in lieu thereof ``(2) All
    fingerprints obtained by an individual or entity as required in
    paragraph (1)''.
    ---------------------------------------------------------------------------
        (3) \182\ The costs of an identification or records check
    under paragraph (2) shall be paid by the individual or entity
    required to conduct the fingerprinting under paragraph (1)(A).
    ---------------------------------------------------------------------------
        \182\ Sec. 652(1)(C) of Public Law 109-58 (119 Stat. 811) struck
    out ``The costs of any identification and records check conducted
    pursuant to the preceding sentence shall be paid by the licensee or
    applicant.'' and inserted in lieu thereof ``(3) The costs of an
    identification or records check under paragraph (2) shall be paid by
    the individual or entity required to conduct the fingerprinting under
    paragraph (1)(A).''.
    ---------------------------------------------------------------------------
        (4) \183\ Notwithstanding any other provision of law--
    ---------------------------------------------------------------------------
        \183\ Sec. 652(1)(D) of Public Law 109-58 (119 Stat. 811) struck
    out ``Notwithstanding any other provision of law, the Attorney General
    may provide all the results of the search to the Commission, and, in
    accordance with regulations prescribed under this section, the
    Commission may provide such results to licensee or applicant submitting
    such fingerprints.'' and inserted in lieu thereof the present para.
    (4).
    ---------------------------------------------------------------------------
              (A) the Attorney General may provide any result of an
            identification or records check under paragraph (2) to
            the Commission; and
              (B) the Commission, in accordance with regulations
            prescribed under this section, may provide the results
            to the individual or entity required to conduct the
            fingerprinting under paragraph (1)(A).
        b. The Commission, by rule, may relieve persons from the
    obligations imposed by this section, upon specified terms,
    conditions, and periods, if the Commission finds that such
    action is consistent with its obligations to promote the common
    defense and security and to protect the health and safety of
    the public.
        c. For purposes of administering this section, the
    Commission shall prescribe requirements-- \184\
    ---------------------------------------------------------------------------
        \184\ Sec. 652(2)(A) of Public Law 109-58 (119 Stat. 811) struck
    out ``, subject to public notice and comment, regulations--'' and
    inserted in lieu thereof ``requirements--''.
    ---------------------------------------------------------------------------
              (1) to implement procedures for the taking of
            fingerprints;
              (2) to establish the conditions for use of
            information received from the Attorney General, in
            order--
                      (A) to limit the redissemination of such
                    information;
                      (B) to ensure that such information is used
                    solely for the purpose of determining whether
                    an individual shall be permitted unescorted
                    access to a utilization facility, radioactive
                    material, or other property described in
                    subsection a.(1)(B) \185\ or shall be permitted
                    access to safeguards information under section
                    147;
    ---------------------------------------------------------------------------
        \185\ Sec. 652(2)(B) of Public Law 109-58 (119 Stat. 811) struck
    out ``unescorted access to the facility of a licensee or applicant''
    and inserted in lieu thereof ``unescorted access to a utilization
    facility, radioactive material, or other property described in
    subsection a.(1)(B)''.
    ---------------------------------------------------------------------------
                      (C) to ensure that no final determination may
                    be made solely on the basis of information
                    provided under this section involving--
                              (i) an arrest more than 1 year old
                            for which there is no information of
                            the disposition of the case; or
                              (ii) an arrest that resulted in
                            dismissal of the charge or an
                            acquittal; and
                      (D) to protect individuals subject to
                    fingerprinting under this section from misuse
                    of the criminal history records; and
              (3) to provide each individual subject to
            fingerprinting under this section with the right to
            complete, correct, and explain information contained in
            the criminal history records prior to any final adverse
            determination.
        d.\186\ The Commission may require a person or individual
    to conduct fingerprinting under subsection a.(1) by authorizing
    or requiring the use of any alternative biometric method for
    identification that has been approved by--
    ---------------------------------------------------------------------------
        \186\ Sec. 652(3) of Public Law 109-58 (119 Stat. 811) redesignated
    subsec. d. as subsec. e., and sec. 652(4) of that Act added a new
    subsec. d.
    ---------------------------------------------------------------------------
              (1) the Attorney General; and
              (2) the Commission, by regulation.
        e.\186\ (1) The Commission may establish and collect fees
    to process fingerprints and criminal history records under this
    section.
        (2) Notwithstanding section 3302(b) of title 31, United
    States Code, and to the extent approved in appropriation Acts--
              (A) a portion of the amounts collected under this
            subsection in any fiscal year may be retained and used
            by the Commission to carry out this section; and
              (B) the remaining portion of the amounts collected
            under this subsection in such fiscal year may be
            transferred periodically to the Attorney General and
            used by the Attorney General to carry out this section.
        (3) Any amount made available for use under paragraph (2)
    shall remain available until expended.
              * * * * * * *

      Chapter 17. Joint Committee on Atomic Energy [Repealed--1977] \187\

              * * * * * * *
    ---------------------------------------------------------------------------
        \187\ Sec. 302 a. of this Act, as added by Public Law 95-110 (91
    Stat. 884), repealed chapter 17. For matters regarding the reassignment
    of functions and responsibilities of the Joint Committee, see chapter
    20.
    ---------------------------------------------------------------------------

                           Chapter 19. Miscellaneous

              * * * * * * *
        Sec. 251.\188\ Report to Congress.-- * * * [Repealed--1997]
    ---------------------------------------------------------------------------
        \188\ Sec. 3152(a)(1) of Public Law 105-85 (111 Stat. 2042)
    repealed sec. 251, which had required the Commission to report annually
    to Congress on its activities.
    ---------------------------------------------------------------------------
              * * * * * * *

    Chapter 20.\189\ Joint Committee on Atomic Energy Abolished; Functions
                        and Responsibilities Reassigned

        Sec. 301.\190\ Joint Committee on Atomic Energy
    Abolished.--
    ---------------------------------------------------------------------------
        \189\ Public Law 95-110 (91 Stat. 884) added chapter 20.
        \190\ 42 U.S.C. 2258.
    ---------------------------------------------------------------------------
        a. The Joint Committee on Atomic Energy is abolished.
        b. Any reference in any rule, resolution, or order of the
    Senate or the House of Representatives or in any law,
    regulation, or Executive order to the Joint Committee on Atomic
    Energy shall, on and after the date of enactment of this
    section, be considered as referring to the committees of the
    Senate and the House of Representatives which, under the rules
    of the Senate and the House, have jurisdiction over the subject
    matter of such reference.
        c. All records, data, charts, and files of the Joint
    Committee on Atomic Energy are transferred to the committees of
    the Senate and House of Representatives which, under the rules
    of the Senate and the House, have jurisdiction over the subject
    matters to which such records, data, charts, and files relate.
    In the event that any record, data, chart, or file shall be
    within the jurisdiction of more than one committee, duplicate
    copies shall be provided upon request.
        Sec. 302. Transfers of Certain Functions of the Joint
    Committee on Atomic Energy and Conforming Amendments to Certain
    Other Laws.--
        a. Effective on the date of enactment of this section,
    chapter 17 of this Act is repealed.
        b. Section 103 of the Atomic Energy Community Act of 1955,
    as amended, is repealed.
        c. Section 3 of the Congressional Budget and Impoundment
    Control Act of 1974 is amended by--
              (1) striking the subsection designation ``(a)''; and
              (2) repealing subsection (b).
        d. Section 252(a)(3) of the Legislative Reorganization Act
    of 1970 is repealed.
        Sec. 303.\191\ Information and Assistance to Congressional
    Committees.--
    ---------------------------------------------------------------------------
        \191\ 42 U.S.C. 2259.
    ---------------------------------------------------------------------------
        a. The Secretary of Energy and the Nuclear Regulatory
    Commission shall keep the committees of the Senate and the
    House of Representatives which under the rules of the Senate
    and the House, have jurisdiction over the functions of the
    Secretary or the Commission, fully and currently informed with
    respect to the activities of the Secretary and the Commission.
        b. The Department of Defense and Department of State shall
    keep the committees of the Senate and the House of
    Representatives which under the rules of the Senate and the
    House, have jurisdiction over national security considerations
    of nuclear energy, fully and currently informed with respect to
    such matters within the Department of Defense and Department of
    State relating to national security considerations of nuclear
    technology which are within the jurisdiction of such
    committees.
        c. Any Government agency shall furnish any information
    requested by the committees of the Senate and the House of
    Representatives which, under the rules of the Senate and the
    House, have jurisdiction over the development, utilization, or
    application of nuclear energy, with respect to the activities
    or responsibilities of such agency in the field of nuclear
    energy which are within the jurisdiction of such committees.
        d. The committees of the Senate and the House of
    Representatives which, under the rules of the Senate and the
    House, have jurisdiction over the development, utilization, or
    application of nuclear energy, are authorized to utilize the
    services, information, facilities, and personnel of any
    Government agency which has activities or responsibilities in
    the field of nuclear energy which are within the jurisdiction
    of such committees: Provided, however, That any utilization of
    personnel by such committees shall be on a reimbursable basis
    and shall require, with respect to committees of the Senate,
    the prior written consent of the Committee on Rules and
    Administration, and with respect to committees of the House of
    Representatives, the prior written consent of the Committee on
    House Oversight.\192\
    ---------------------------------------------------------------------------
        \192\ Sec. 222(2) of Public Law 104-186 (110 Stat. 1751) struck out
    ``House Administration'' and inserted in lieu thereof ``House
    Oversight''.
    ---------------------------------------------------------------------------
              * * * * * * *

                 TITLE II--UNITED STATES ENRICHMENT CORPORATION

              * * * * * * *

              Note.--Sec. 3116(a) of the USEC Privatization Act
            (subchapter A of chapter 1 of title III of Public Law
            104-134; 110 Stat. 349) repealed chapters 22 through 26
            of this Act, upon privatization of the United States
            Enrichment Corporation. See freestanding text of USEC
            Privatization Act, beginning at page 429.

                  (2) North Korea Threat Reduction Act of 1999

     Partial text of Public Law 106-113 [Consolidated Appropriations Act,
       2000; H.R. 3194], 113 Stat. 1501, approved November 29, 1999; as
      amended by Public Law 107-228 [Foreign Relations Authorization Act,
     Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September 30,
                                      2002

              * * * * * * *

                  Subtitle B--North Korea Threat Reduction \1\

    SEC. 821. SHORT TITLE.

        This subtitle may be cited as the ``North Korea Threat
    Reduction Act of 1999''.
    ---------------------------------------------------------------------------
        \1\ Subtitle B of title VIII of H.R. 3427, enacted by reference in
    sec. 1000(a)(7) of Public Law 106-113.
    ---------------------------------------------------------------------------

    SEC. 822. RESTRICTIONS ON NUCLEAR COOPERATION WITH NORTH KOREA.

        (a) In General.--Notwithstanding any other provision of law
    or any international agreement, no agreement for cooperation
    (as defined in sec. 11 b. of the Atomic Energy Act of 1954 (42
    U.S.C. 2014 b.)) between the United States and North Korea may
    become effective, no license may be issued for export directly
    or indirectly to North Korea of any specified nuclear item,\2\
    and no approval may be given for the transfer or retransfer
    directly or indirectly to North Korea of any specified nuclear
    item \2\ until the President determines and reports to the
    Committee on International Relations of the House of
    Representatives and the Committee on Foreign Relations of the
    Senate that--
    ---------------------------------------------------------------------------
        \2\ Sec. 1307(a) of the Foreign Relations Authorization Act, Fiscal
    Year 2003 (Public Law 107-228; 116 Stat. 1438) struck out ``nuclear
    material, facilities, components, or other goods, services, or
    technology that would be subject to such agreement,'' in both places
    where it appeared and inserted in lieu thereof ``specified nuclear
    item,''.
    ---------------------------------------------------------------------------
              (1) North Korea has come into full compliance with
            its safeguards agreement with the IAEA (INFCIRC/403),
            and has taken all steps that have been deemed necessary
            by the IAEA in this regard;
              (2) North Korea has permitted the IAEA full access to
            all additional sites and all information (including
            historical records) deemed necessary by the IAEA to
            verify the accuracy and completeness of North Korea's
            initial report of May 4, 1992, to the IAEA on all
            nuclear sites and material in North Korea;
              (3) North Korea is in full compliance with its
            obligations under the Agreed Framework;
              (4) North Korea has consistently taken steps to
            implement the Joint Declaration on Denuclearization,
            and is in full compliance with its obligations under
            numbered paragraphs 1, 2, and 3 of the Joint
            Declaration on Denuclearization (excluding in the case
            of numbered paragraph 3 facilities frozen pursuant to
            the Agreed Framework);
              (5) North Korea does not have uranium enrichment or
            nuclear reprocessing facilities (excluding facilities
            frozen pursuant to the Agreed Framework), and is making
            no significant progress toward acquiring or developing
            such facilities;
              (6) North Korea does not have nuclear weapons and is
            making no significant effort to acquire, develop, test,
            produce, or deploy such weapons; and
              (7) the transfer to North Korea of key nuclear
            components, under the proposed agreement for
            cooperation with North Korea and in accordance with the
            Agreed Framework, is in the national interest of the
            United States.
        (b) Construction.--The restrictions contained in subsection
    (a) shall apply in addition to all other applicable procedures,
    requirements, and restrictions contained in the Atomic Energy
    Act of 1954 and other laws.

    SEC. 823. DEFINITIONS.

        In this subtitle:
              (1) Agreed framework.--The term ``Agreed Framework''
            means the ``Agreed Framework Between the United States
            of America and the Democratic People's Republic of
            Korea'', signed in Geneva on October 21, 1994, and the
            Confidential Minute to that Agreement.
              (2) IAEA.--The term ``IAEA'' means the International
            Atomic Energy Agency.
              (3) North korea.--The term ``North Korea'' means the
            Democratic People's Republic of Korea.
              (4) Joint declaration on denuclearization.--The term
            ``Joint Declaration on Denuclearization'' means the
            Joint Declaration on the Denuclearization of the Korean
            Peninsula, issued by the Republic of Korea and the
            Democratic People's Republic of Korea on January 1,
            1992.
              (5) \3\ Specified nuclear item.--The term ``specified
            nuclear item'' includes--
    ---------------------------------------------------------------------------
        \3\ Sec. 1307(b) of Public Law 107-228 (116 Stat. 1439) added para.
    (5) to sec. 823.
    ---------------------------------------------------------------------------
                      (A) nuclear material, facilities, components,
                    or other goods, services, or technology the
                    transfer of which to North Korea would be
                    required by the Atomic Energy Act of 1954 to be
                    subject to an agreement for cooperation, as
                    defined in section 11 b. of that Act (42 U.S.C.
                    2014 b.), between the United States and North
                    Korea; and
                      (B) components that are listed on Annex A or
                    Annex B to the Nuclear Suppliers Group
                    Guidelines for the Export of Nuclear Material,
                    Equipment and Technology (published by the
                    International Atomic Energy Agency as
                    Information Circular INFCIRC/254/Rev. 5/Part 1,
                    or any subsequent revision thereof).
                           (3) USEC Privatization Act

     Partial text of Public Law 104-134 [Omnibus Consolidated Rescissions
     and Appropriations Act of 1996; H.R. 3019], 110 Stat. 1321, approved
                                 April 26, 1996

      AN ACT Making appropriations for fiscal year 1996 to make a further
         downpayment toward a balanced budget, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
              * * * * * * *

                                   TITLE III

                            RESCISSIONS AND OFFSETS

                                   CHAPTER 1

                          ENERGY AND WATER DEVELOPMENT

        Subchapter A--United States Enrichment Corporation Privatization

    SEC. 3101.\1\ SHORT TITLE.

        This subchapter may be cited as the ``USEC Privatization
    Act''.
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 2011 note.
    ---------------------------------------------------------------------------

    SEC. 3102.\2\ DEFINITIONS.

        For purposes of this subchapter:
    ---------------------------------------------------------------------------
        \2\ 42 U.S.C. 2297h.
    ---------------------------------------------------------------------------
              (1) The term ``AVLIS'' means atomic vapor laser
            isotope separation technology.
              (2) The term ``Corporation'' means the United States
            Enrichment Corporation and, unless the context
            otherwise requires, includes the private corporation
            and any successor thereto following privatization.
              (3) The term ``gaseous diffusion plants'' means the
            Paducah Gaseous Diffusion Plant at Paducah, Kentucky
            and the Portsmouth Gaseous Diffusion Plant at Piketon,
            Ohio.
              (4) The term ``highly enriched uranium'' means
            uranium enriched to 20 percent or more of the uranium-
            235 isotope.
              (5) The term ``low-enriched uranium'' means uranium
            enriched to less than 20 percent of the uranium-235
            isotope, including that which is derived from highly
            enriched uranium.
              (6) The term ``low-level radioactive waste'' has the
            meaning given such term in section 2(9) of the Low-
            Level Radioactive Waste Policy Act (42 U.S.C.
            2021b(9)).
              (7) The term ``private corporation'' means the
            corporation established under section 3105.
              (8) The term ``privatization'' means the transfer of
            ownership of the Corporation to private investors.
              (9) The term ``privatization date'' means the date on
            which 100 percent of the ownership of the Corporation
            has been transferred to private investors.
              (10) The term ``public offering'' means an
            underwritten offering to the public of the common stock
            of the private corporation pursuant to section 3104.
              (11) The ``Russian HEU Agreement'' means the
            Agreement Between the Government of the United States
            of America and the Government of the Russian Federation
            Concerning the Disposition of Highly Enriched Uranium
            Extracted from Nuclear Weapons, dated February 18,
            1993.
              (12) The term ``Secretary'' means the Secretary of
            Energy.
              (13) The ``Suspension Agreement'' means the Agreement
            to Suspend the Antidumping Investigation on Uranium
            from the Russian Federation, as amended.
              (14) The term ``uranium enrichment'' means the
            separation of uranium of a given isotopic content into
            2 components, 1 having a higher percentage of a fissile
            isotope and 1 having a lower percentage.

    SEC. 3103.\3\ SALE OF THE CORPORATION.

        (a) Authorization.--The Board of Directors of the
    Corporation, with the approval of the Secretary of the
    Treasury, shall transfer the interest of the United States in
    the United States Enrichment Corporation to the private sector
    in a manner that provides for the long-term viability of the
    Corporation, provides for the continuation by the Corporation
    of the operation of the Department of Energy's gaseous
    diffusion plants, provides for the protection of the public
    interest in maintaining a reliable and economical domestic
    source of uranium mining, enrichment and conversion services,
    and, to the extent not inconsistent with such purposes, secures
    the maximum proceeds to the United States.
    ---------------------------------------------------------------------------
        \3\ 42 U.S.C. 2297h-1.
    ---------------------------------------------------------------------------
        (b) Proceeds.--Proceeds from the sale of the United States'
    interest in the Corporation shall be deposited in the general
    fund of the Treasury.

    SEC. 3104.\4\ METHOD OF SALE.

        (a) Authorization.--The Board of Directors of the
    Corporation, with the approval of the Secretary of the
    Treasury, shall transfer ownership of the assets and
    obligations of the Corporation to the private corporation
    established under section 3105 (which may be consummated
    through a merger or consolidation effected in accordance with,
    and having the effects provided under, the law of the State of
    incorporation of the private corporation, as if the Corporation
    were incorporated thereunder).
    ---------------------------------------------------------------------------
        \4\ 42 U.S.C. 2297h-2.
    ---------------------------------------------------------------------------
        (b) Board Determination.--The Board, with the approval of
    the Secretary of the Treasury, shall select the method of
    transfer and establish terms and conditions for the transfer
    that will provide the maximum proceeds to the Treasury of the
    United States and will provide for the long-term viability of
    the private corporation, the continued operation of the gaseous
    diffusion plants, and the public interest in maintaining
    reliable and economical domestic uranium mining and enrichment
    industries.
        (c) Adequate Proceeds.--The Secretary of the Treasury shall
    not allow the privatization of the Corporation unless before
    the sale date the Secretary of the Treasury determines that the
    method of transfer will provide the maximum proceeds to the
    Treasury consistent with the principles set forth in section
    3103(a).
        (d) Application of Securities Laws.--Any offering or sale
    of securities by the private corporation shall be subject to
    the Securities Act of 1933 (15 U.S.C. 77a et seq.), the
    Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), and
    the provisions of the Constitution and laws of any State,
    territory, or possession of the United States relating to
    transactions in securities.
        (e) Expenses.--Expenses of privatization shall be paid from
    Corporation revenue accounts in the United States Treasury.

    SEC. 3105.\5\ ESTABLISHMENT OF PRIVATE CORPORATION.

        (a) Incorporation.--(1) The directors of the Corporation
    shall establish a private for-profit corporation under the laws
    of a State for the purpose of receiving the assets and
    obligations of the Corporation at privatization and continuing
    the business operations of the Corporation following
    privatization.
    ---------------------------------------------------------------------------
        \5\ 42 U.S.C. 2297h-3.
    ---------------------------------------------------------------------------
        (2) The directors of the Corporation may serve as
    incorporators of the private corporation and shall take all
    steps necessary to establish the private corporation, including
    the filing of articles of incorporation consistent with the
    provisions of this subchapter.
        (3) Employees and officers of the Corporation (including
    members of the Board of Directors) acting in accordance with
    this section on behalf of the private corporation shall be
    deemed to be acting in their official capacities as employees
    or officers of the Corporation for purposes of section 205 of
    title 18, United States Code.
        (b) Status of the Private Corporation.--(1) The private
    corporation shall not be an agency, instrumentality, or
    establishment of the United States, a Government corporation,
    or a Government-controlled corporation.
        (2) Except as otherwise provided by this subchapter,
    financial obligations of the private corporation shall not be
    obligations of, or guaranteed as to principal or interest by,
    the Corporation or the United States, and the obligations shall
    so plainly state.
        (3) No action under section 1491 of title 28, United States
    Code, shall be allowable against the United States based on
    actions of the private corporation.
        (c) Application of Post-Government Employment
    Restrictions.--Beginning on the privatization date, the
    restrictions stated in section 207 (a), (b), (c), and (d) of
    title 18, United States Code, shall not apply to the acts of an
    individual done in carrying out official duties as a director,
    officer, or employee of the private corporation, if the
    individual was an officer or employee of the Corporation
    (including a director) continuously during the 45 days prior to
    the privatization date.
        (d) Dissolution.--In the event that the privatization does
    not occur, the Corporation will provide for the dissolution of
    the private corporation within 1 year of the private
    corporation's incorporation unless the Secretary of the
    Treasury or his delegate, upon the Corporation's request,
    agrees to delay any such dissolution for an additional year.

    SEC. 3106.\6\ TRANSFERS TO THE PRIVATE CORPORATION.

        Concurrent with privatization, the Corporation shall
    transfer to the private corporation--
    ---------------------------------------------------------------------------
        \6\ 42 U.S.C. 2297h-4.
    ---------------------------------------------------------------------------
              (1) the lease of the gaseous diffusion plants in
            accordance with section 3107,
              (2) all personal property and inventories of the
            Corporation,
              (3) all contracts, agreements, and leases under
            section 3108(a),
              (4) the Corporation's right to purchase power from
            the Secretary under section 3108(b),
              (5) such funds in accounts of the Corporation held by
            the Treasury or on deposit with any bank or other
            financial institution as approved by the Secretary of
            the Treasury, and
              (6) all of the Corporation's records, including all
            of the papers and other documentary materials,
            regardless of physical form or characteristics, made or
            received by the Corporation.
              * * * * * * *

    SEC. 3112.\7\ URANIUM TRANSFERS AND SALES.

        (a) Transfers and Sales by the Secretary.--The Secretary
    shall not provide enrichment services or transfer or sell any
    uranium (including natural uranium concentrates, natural
    uranium hexafluoride, or enriched uranium in any form) to any
    person except as consistent with this section.
    ---------------------------------------------------------------------------
        \7\ 42 U.S.C. 2297h-10.
    ---------------------------------------------------------------------------
        (b) Russian HEU.--(1) On or before December 31, 1996, the
    United States Executive Agent under the Russian HEU Agreement
    shall transfer to the Secretary without charge title to an
    amount of uranium hexafluoride equivalent to the natural
    uranium component of low-enriched uranium derived from at least
    18 metric tons of highly enriched uranium purchased from the
    Russian Executive Agent under the Russian HEU Agreement. The
    quantity of such uranium hexafluoride delivered to the
    Secretary shall be based on a tails assay of 0.30
    U235. Uranium hexafluoride transferred to the
    Secretary pursuant to this paragraph shall be deemed under
    United States law for all purposes to be of Russian origin.
        (2) Within 7 years of the date of enactment of this Act,
    the Secretary shall sell, and receive payment for, the uranium
    hexafluoride transferred to the Secretary pursuant to paragraph
    (1). Such uranium hexafluoride shall be sold--
              (A) at any time for use in the United States for the
            purpose of overfeeding;
              (B) at any time for end use outside the United
            States;
              (C) in 1995 and 1996 to the Russian Executive Agent
            at the purchase price for use in matched sales pursuant
            to the Suspension Agreement; or,
              (D) in calendar year 2001 for consumption by end
            users in the United States not prior to January 1,
            2002, in volumes not to exceed 3,000,000 pounds
            U3O8 equivalent per year.
        (3) With respect to all enriched uranium delivered to the
    United States Executive Agent under the Russian HEU Agreement
    on or after January 1, 1997, the United States Executive Agent
    shall, upon request of the Russian Executive Agent, enter into
    an agreement to deliver concurrently to the Russian Executive
    Agent an amount of uranium hexafluoride equivalent to the
    natural uranium component of such uranium. An agreement
    executed pursuant to a request of the Russian Executive Agent,
    as contemplated in this paragraph, may pertain to any
    deliveries due during any period remaining under the Russian
    HEU Agreement. The quantity of such uranium hexafluoride
    delivered to the Russian Executive Agent shall be based on a
    tails assay of 0.30 U235. Title to uranium
    hexafluoride delivered to the Russian Executive Agent pursuant
    to this paragraph shall transfer to the Russian Executive Agent
    upon delivery of such material to the Russian Executive Agent,
    with such delivery to take place at a North American facility
    designated by the Russian Executive Agent. Uranium hexafluoride
    delivered to the Russian Executive Agent pursuant to this
    paragraph shall be deemed under U.S. law for all purposes to be
    of Russian origin. Such uranium hexafluoride may be sold to any
    person or entity for delivery and use in the United States only
    as permitted in subsections (b)(5), (b)(6) and (b)(7) of this
    section.
        (4) In the event that the Russian Executive Agent does not
    exercise its right to enter into an agreement to take delivery
    of the natural uranium component of any low-enriched uranium,
    as contemplated in paragraph (3), within 90 days of the date
    such low-enriched uranium is delivered to the United States
    Executive Agent, or upon request of the Russian Executive
    Agent, then the United States Executive Agent shall engage an
    independent entity through a competitive selection process to
    auction an amount of uranium hexafluoride or
    U3O8 (in the event that the conversion
    component of such hexafluoride has previously been sold)
    equivalent to the natural uranium component of such low-
    enriched uranium. An agreement executed pursuant to a request
    of the Russian Executive Agent, as contemplated in this
    paragraph, may pertain to any deliveries due during any period
    remaining under the Russian HEU Agreement. Such independent
    entity shall sell such uranium hexafluoride in one or more lots
    to any person or entity to maximize the proceeds from such
    sales, for disposition consistent with the limitations set
    forth in this subsection. The independent entity shall pay to
    the Russian Executive Agent the proceeds of any such auction
    less all reasonable transaction and other administrative costs.
    The quantity of such uranium hexafluoride auctioned shall be
    based on a tails assay of 0.30 U235. Title to
    uranium hexafluoride auctioned pursuant to this paragraph shall
    transfer to the buyer of such material upon delivery of such
    material to the buyer. Uranium hexafluoride auctioned pursuant
    to this paragraph shall be deemed under United States law for
    all purposes to be of Russian origin.
        (5) Except as provided in paragraphs (6) and (7), uranium
    hexafluoride delivered to the Russian Executive Agent under
    paragraph (3) or auctioned pursuant to paragraph (4), may not
    be delivered for consumption by end users in the United States
    either directly or indirectly prior to January 1, 1998, and
    thereafter only in accordance with the following schedule:

                     Annual Maximum Deliveries to End Users               Year:                   (millions lbs.  U3O8 equivalent)1998...............................   2
    1999...............................   4
    2000...............................   6
    2001...............................   8
    2002...............................  10
    2003...............................  12
    2004...............................  14
    2005...............................  16
    2006...............................  17
    2007...............................  18
    2008...............................  19
    2009 and each year thereafter......  20
        (6) Uranium hexafluoride delivered to the Russian Executive
    Agent under paragraph (3) or auctioned pursuant to paragraph
    (4) may be sold at any time as Russian-origin natural uranium
    in a matched sale pursuant to the Suspension Agreement, and in
    such case shall not be counted against the annual maximum
    deliveries set forth in paragraph (5).
        (7) Uranium hexafluoride delivered to the Russian Executive
    Agent under paragraph (3) or auctioned pursuant to paragraph
    (4) may be sold at any time for use in the United States for
    the purpose of overfeeding in the operations of enrichment
    facilities.
        (8) Nothing in this subsection (b) shall restrict the sale
    of the conversion component of such uranium hexafluoride.
        (9) The Secretary of Commerce shall have responsibility for
    the administration and enforcement of the limitations set forth
    in this subsection. The Secretary of Commerce may require any
    person to provide any certifications, information, or take any
    action that may be necessary to enforce these limitations. The
    United States Customs Service shall maintain and provide any
    information required by the Secretary of Commerce and shall
    take any action requested by the Secretary of Commerce which is
    necessary for the administration and enforcement of the uranium
    delivery limitations set forth in this section.
        (10) The President shall monitor the actions of the United
    States Executive Agent under the Russian HEU Agreement and
    shall report to the Congress not later than December 31 of each
    year on the effect the low-enriched uranium delivered under the
    Russian HEU Agreement is having on the domestic uranium mining,
    conversion, and enrichment industries, and the operation of the
    gaseous diffusion plants. Such report shall include a
    description of actions taken or proposed to be taken by the
    President to prevent or mitigate any material adverse impact on
    such industries or any loss of employment at the gaseous
    diffusion plants as a result of the Russian HEU Agreement.
        (c) Transfers to the Corporation.--(1) The Secretary shall
    transfer to the Corporation without charge up to 50 metric tons
    of enriched uranium and up to 7,000 metric tons of natural
    uranium from the Department of Energy's stockpile, subject to
    the restrictions in subsection (c)(2).
        (2) The Corporation shall not deliver for commercial end
    use in the United States--
              (A) any of the uranium transferred under this
            subsection before January 1, 1998;
              (B) more than 10 percent of the uranium (by uranium
            hexafluoride equivalent content) transferred under this
            subsection or more than 4,000,000 pounds, whichever is
            less, in any calendar year after 1997; or
              (C) more than 800,000 separative work units contained
            in low-enriched uranium transferred under this
            subsection in any calendar year.
        (d) Inventory Sales.--(1) In addition to the transfers
    authorized under subsections (c) and (e), the Secretary may,
    from time to time, sell natural and low-enriched uranium
    (including low-enriched uranium derived from highly enriched
    uranium) from the Department of Energy's stockpile.
        (2) Except as provided in subsections (b), (c), and (e), no
    sale or transfer of natural or low-enriched uranium shall be
    made unless--
              (A) the President determines that the material is not
            necessary for national security needs,
              (B) the Secretary determines that the sale of the
            material will not have an adverse material impact on
            the domestic uranium mining, conversion, or enrichment
            industry, taking into account the sales of uranium
            under the Russian HEU Agreement and the Suspension
            Agreement, and
              (C) the price paid to the Secretary will not be less
            than the fair market value of the material.
        (e) Government Transfers.--Notwithstanding subsection
    (d)(2), the Secretary may transfer or sell enriched uranium--
              (1) to a Federal agency if the material is
            transferred for the use of the receiving agency without
            any resale or transfer to another entity and the
            material does not meet commercial specifications;
              (2) to any person for national security purposes, as
            determined by the Secretary; or
              (3) to any State or local agency or nonprofit,
            charitable, or educational institution for use other
            than the generation of electricity for commercial use.
        (f) Savings Provision.--Nothing in this subchapter shall be
    read to modify the terms of the Russian HEU Agreement.
              * * * * * * *

    SEC. 3116. AMENDMENTS TO THE ATOMIC ENERGY ACT.

        (a) Repeal.--(1) Chapters 22 through 26 of the Atomic
    Energy Act of 1954 (42 U.S.C. 2297-2297e-7) are repealed as of
    the privatization date. * * *
              * * * * * * *
            (4) Establishment of the Enrichment Oversight Committee

      Executive Order 13085, May 26, 1998, 63 F.R. 29335, 42 U.S.C. 2297h
                                    note \1\
    ---------------------------------------------------------------------------

        \1\ See also Executive Order 13159 of June 21, 2000 (65 F.R. 39279;
    June 26, 2000), relating to ``Blocking property of the Government of
    the Russian Federation relating to the disposition of highly enriched
    uranium extracted from nuclear weapons'', in Legislation on Foreign
    Relations Through 2005, vol. III.
    ---------------------------------------------------------------------------
        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, and
    in order to further the national security and other interests
    of the United States with regard to uranium enrichment and
    related businesses after the privatization of the United States
    Enrichment Corporation (USEC), it is ordered as follows:
        Section 1. Establishment. There is hereby established as
    Enrichment Oversight Committee (EOC).
        Sec. 2. Objectives. the EOC shall monitor and coordinate
    United States Government efforts with respect to the privatized
    USEC and any successor entities involved in uranium enrichment
    and related businesses in furtherance of the following
    objectives:
              (a) The full implementation of the Agreement Between
            the Government of the United States of America and the
            Government of the Russian Federation Concerning the
            Disposition of Highly Enriched Uranium (HEU) Extracted
            from Nuclear Weapons, dated February 18, 1993 (``HEU
            Agreement''), and related contracts and agreements by
            the USEC as executive agent or by any other executive
            agents;
              (b) The application of statutory, regulatory, and
            contractual restrictions on foreign ownership, control,
            or influence in the USEC, any successor entities, and
            any other executive agents;
              (c) The development and implementation of United
            States Government policy regarding uranium enrichment
            and related technologies, processes, and data; and
              (d) The collection and dissemination of information
            relevant to any of the foregoing on an ongoing basis,
            including from the Central Intelligence Agency and the
            Federal Bureau of Investigation.
        Sec. 3. Organization. (a) The EOC shall be Chaired by a
    senior official from the National Security Council (NSC). The
    Chair shall coordinate the carrying out of the purposes and
    policy objectives of this order. The EOC shall meet as often as
    appropriate, but at least quarterly, and shall submit reports
    to the Assistant to the President for National Security Affairs
    semiannually, or more frequently as appropriate. The EOC shall
    prepare annually the report for the President's transmittal to
    the Congress pursuant to section 3112 of the USEC Privatization
    Act, Public Law 104-134, title III, 3112(b)(1), 110 Stat. 1321-
    344, 1321-346 (1996).
        (b) The EOC shall consist of representatives from the
    Departments of State, the Treasury, Defense, Justice, Commerce,
    Energy, and the Office of Management and Budget, the NSC, the
    National Economic Council, the Council of Economic Advisers,
    and the Intelligence Community. The EOC shall formulate
    internal guidelines for its operations, including guidelines
    for convening meetings.
        (c) The EOC shall coordinate sharing of information and
    provide direction, while operational responsibilities resulting
    from the EOC's oversight activities will rest with EOC member
    agencies.
        (d) At the request of the EOC, appropriate agencies,
    including the Department of Energy, shall provide day-to-day
    support for the EOC.
        Sec. 4. HEU Agreement, Oversight. The EOC shall form an HEU
    Agreement Oversight Subcommittee (the ``Subcommittee'') in
    order to continue coordination of the implementation of the HEU
    Agreement and related contracts and agreements, monitor actions
    taken by the executive agent, and make recommendations
    regarding steps designed to facilitate full implementation of
    the HEU Agreement, including changes with respect to the
    executive agent. The Subcommittee shall be chaired by a senior
    official from the NSC and shall include representatives of the
    Departments of State, Defense, Justice, Commerce, and Energy,
    and the Office of Management and Budget, the National Economic
    Council, the Intelligence community, and, as appropriate, the
    United States Trade Representative, and the Council of Economic
    Advisers. The Subcommittee shall meet as appropriate to review
    the implementation of the HEU Agreement and consider steps to
    facilitate full implementation of that Agreement. In
    particular, the Subcommittee shall:
              (a) have access to all information concerning
            implementation of the HEU Agreement and related
            contracts and agreements;
              (b) monitor negotiations between the executive agent
            or agents and Russian authorities on implementation of
            the HEU Agreement, including the proposals of both
            sides on delivery schedules and on price;
              (c) monitor sales of the natural uranium component of
            low-enriched uranium derived from Russian HEU pursuant
            to applicable law;
              (d) establish procedures for designating alternative
            executive agents to implement the HEU Agreement;
              (e) coordinate policies and procedures regarding the
            full implementation of the HEU purchase agreement and
            related contracts and agreements, consistent with
            applicable law; and
              (f) coordinate the position of the United States
            Government on any issues that arise in the
            implementation of the Memorandum of Agreement with the
            USEC for the USEC to serve as the United States
            Government Executive Agent under the HEU Agreement.
        Sec. 5. Foreign Ownership, Control, or Influence (FOCI).
    The EOC shall collect information and monitor issues relating
    to foreign ownership, control, or influence of the USEC or any
    successor entities. Specifically, the EOC shall:
              (a) monitor the application and enforcement of the
            FOCI requirements of the National Industrial Security
            Program established by Executive Order 12829 with
            respect to the USEC and any successor entities (see
            National Industrial Security Program Operating Manual,
            Department of Defense 2-3 (Oct. 1994));
              (b) monitor and review reports and submissions
            relating to FOCI issues made by the USEC or any
            successor entity to the Nuclear Regulatory Commission
            (NRC) under the Atomic Energy Act of 1954, 42 U.S.C.
            2011 et seq. (1994), and the USEC Privatization Act,
            Public Law 104-134, title III, 110 Stat. 1321-335 et
            seq. (1996);
              (c) ensure coordination with the Intelligence
            Community of the collection and analysis of
            intelligence and ensure coordination of intelligence
            with other information related to FOCI issues; and
              (d) ensure coordination with the Committee on Foreign
            Investment in the United States.
        Sec. 6. Domestic Enrichment Services. The EOC shall collect
    and analyze information related to the maintenance of domestic
    uranium mining, enrichment, and conversion industries, provided
    that such activities shall be undertaken in a manner that
    provides appropriate protection for such information. In
    particular, the EOC shall:
              (a) collect and review all public filings made by or
            with respect to the USEC or any successor entities with
            the Securities and Exchange Commission;
              (b) collect information from all available sources
            necessary for the preparation of the annual report to
            the Congress required by section 3112 of the USEC
            Privatization Act, as noted in section 3(a) of this
            order, including information relating to plans by the
            USEC or any successor entities to expand or contract
            materially the enrichment of uranium-using gaseous
            diffusion technology;
              (c) collect information relating to the development
            and implementation of atomic vapor laser isotope
            separation technology;
              (d) to the extent permitted by law, and as necessary
            to fulfill the EOC's oversight functions, collect
            proprietary information from the USEC, or any successor
            entities, provide that the collection of such
            information shall be undertaken so as to minimize
            disruption to the normal functioning of the private
            corporation. For example, such information would
            include the USEC's financial statements prepared in
            accordance with standards applicable to public
            registrants and the executive summary of the USEC's
            strategic plan as shared with its Board of directors,
            as well as timely information on its unit production
            costs, capacity utilization rates, average pricing and
            sales for the current year and for new contracts,
            employment levels, overseas activities, and research
            and development initiatives. Such information shall be
            collected on an annual basis, with quarterly updates as
            appropriate; and
              (e) coordinate with relevant agencies in monitoring
            the levels of natural and enriched uranium and
            enrichment services imported into the United States.
        Sec. 7. Coordination with the Nuclear Regulatory
    Commission. Upon notification by the NRC that it seeks the
    views of other agencies of the executive branch regarding
    determinations necessary for the issuance, reissuance, or
    renewal of a certificate of compliance or license to the
    privatized USEC, the EOC shall convey the relevant views of
    these other agencies of the executive branch, including whether
    the applicant's performance as the United States agent for the
    HEU Agreement is acceptable, on a schedule consistent with the
    NRC's need for timely action on such regulatory decisions.
                (5) EURATOM Cooperation Act of 1958, as amended

     Public Law 85-846 [S. 4273], 72 Stat. 1084, approved August 28, 1958;
     as amended by Public Law 87-206, 75 Stat. 479, approved September 6,
    1961; Public Law 88-394, 78 Stat. 376, approved August 1, 1964; Public
     Law 90-190, 81 Stat. 578, approved December 14, 1967; and Public Law
                 93-88, 87 Stat. 296, approved August 14, 1973

       AN ACT To provide for cooperation with the European Atomic Energy
                                   Community.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``EURATOM Cooperation Act of 1958''.
        Sec. 2.\1\ As used in this Act--
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 2291.
    ---------------------------------------------------------------------------
        (a) ``The Community'' means the European Atomic Energy
    Community (EURATOM).
        (b) The ``Commission'' means the Atomic Energy Commission,
    as established by the Atomic Energy Act of 1954, as amended.
        (c) ``Joint program'' means the cooperative program
    established by the Community and the United States and carried
    out in accordance with the provisions of an agreement for
    cooperation entered into pursuant to the provisions of section
    123 of the Atomic Energy Act of 1954, as amended, to bring into
    operation in the territory of the members of the Community
    powerplants using nuclear reactors of types selected by the
    Commission and the Community, having as a goal a total
    installed capacity of approximately one million kilowatts of
    electricity by December 31, 1963, except that two reactors may
    be selected to be in operation by December 31, 1965.
        (d) All other terms used in this Act shall have the same
    meaning as terms described in section 11 of the Atomic Energy
    Act of 1954, as amended.
        Sec. 3.\2\ There is hereby authorized to be appropriated to
    the Commission, in accordance with the provisions of section
    261(a)(2) of the Atomic Energy Act of 1954, as amended, the sum
    of $3,000,000 \3\ as an initial authorization for fiscal year
    1959 for use in a cooperative program of research and
    development in connection with the types of reactors selected
    by the Commission and the Community under the joint program.
    The Commission may enter into contracts for such periods as it
    deems necessary, but in no event to exceed five years, for the
    purpose of conducting the research and development program
    authorized by this section: Provided, That the Community
    authorizes an equivalent amount for use in the cooperative
    program of research and development.
    ---------------------------------------------------------------------------
        \2\ 42 U.S.C. 2292.
        \3\ Sec. 109 of Public Law 86-50 (73 Stat. 84) authorized
    appropriation of an additional $7,000,000; sec. 109 of Public Law 87-
    701 (76 Stat. 602) authorized appropriation of an additional
    $5,000,000; sec. 103 of Public Law 88-72 (77 Stat. 86) authorized
    appropriation of an additional $7,500,000; and sec. 101(a) of Public
    Law 88-332 (78 Stat. 227) authorized appropriation of an additional
    $3,000,000.
    ---------------------------------------------------------------------------
        Sec. 4.\4\ The Commission is authorized, within limits of
    amounts which may hereafter be authorized to be appropriated in
    accordance with the provisions of section 261(a)(2) of the
    Atomic Energy Act of 1954, as amended, to make guarantee
    contracts which shall in the aggregate not exceed a total
    contingent liability of $90,000,000 designed to assure that the
    charges to an operator of a reactor constructed under the joint
    program for fabricating, processing, and transporting fuel will
    be no greater than would result under the fuel fabricating and
    fuel life guarantees which the Commission shall establish for
    such reactor. Within the limits of such amounts, the Commission
    is authorized to make contracts under this section, without
    regard to the provisions of sections 3679 and 3709 of the
    Revised Statutes, as amended, for such period of time as it
    determines to be necessary: Provided, however, That no such
    contracts may extend for a period longer than that necessary to
    cover fuel loaded into a reactor constructed under the joint
    program during the first ten years of the reactor operation or
    prior to December 31, 1973 (or December 31, 1975, for not more
    than two reactors selected under section 2(c)), whichever is
    earlier. In establishing criteria for the selection of projects
    and in entering into such guarantee contracts, the Commission
    shall be guided by, but not limited to, the following
    principles:
    ---------------------------------------------------------------------------
        \4\ Formerly at 42 U.S.C. 2293, now omitted. The U.S. Code no
    longer includes sec. 4 as it pertained to contracts that expired no
    later than December 31, 1975.
    ---------------------------------------------------------------------------
        (a) The Commission shall encourage a strong and competitive
    atomic equipment manufacturing industry in the United States
    designed to provide diversified sources of supply for reactor
    parts and reactor fuel elements under the joint program;
        (b) The guarantee shall be consistent with the provisions
    of this Act and of Attachment A to the Memorandum of
    Understanding between the Government of the United States and
    the Community, signed in Brussels on May 29, 1958, and in
    Washington, District of Columbia, on June 12, 1958, and
    transmitted to Congress on June 23, 1958; \5\
    ---------------------------------------------------------------------------
        \5\ Agreement Relating to Programs for Peaceful Applications of
    Atomic Energy. Signed at Brussels, May 29, 1958, and at Washington,
    June 18, 1958. Entered into force, August 27, 1958. 9 UST 1116; TIAS
    4091; 335 UNTS 161.
        The Senate approved the 1958 agreement by Senate Concurrent
    Resolution 116, 85th Congress, 2d session, adopted August 23, 1958; and
    extended annually from 1980 through early 1996, most recently by
    Executive Order 12955 (60 F.R. 13365; March 10, 1995; 42 U.S.C. 2155
    note).
        The requirement for extension was obviated when a new Agreement for
    Cooperation in the Peaceful Uses of Nuclear Energy Between the United
    States of America and the European Atomic Energy Community (EURATOM)
    was successfully negotiated between the two parties in 1995. The new
    agreement was ordered executed by Presidential Determination No. 96-4
    of November 1, 1995 (60 F.R. 56931; November 13, 1995), signed in
    Brussels, November 7, 1995 and March 29, 1996, and entered into force
    on April 12, 1996.
    ---------------------------------------------------------------------------
        (c) \6\ The Commission shall establish and publish criteria
    for computing the maximum fuel element charge and minimum fuel
    element life to be guaranteed by the manufacturer as a basis
    for inviting and evaluating proposals.
    ---------------------------------------------------------------------------
        \6\ Sec. 18 of Public Law 87-206 (75 Stat. 479) amended and
    restated sec. 4(c). Prior to amendment it read: ``The Commission shall
    establish and publish minimum levels of fuel element cost and life to
    be guaranteed by the manufacturer as a basis for inviting and
    evaluating proposals.''.
    ---------------------------------------------------------------------------
        (d) The guarantee by the manufacturer shall be as favorable
    as any other guarantee offered by the manufacturer for any
    comparable fuel element within a reasonable time period; and
        (e) The Commission shall obtain a royalty-free,
    nonexclusive, irrevocable license for governmental purposes to
    any patents on inventions or discoveries made or conceived by
    the manufacturer in the course of development or fabrication of
    fuel elements during the period covered by the Commission's
    guarantee.
        Sec. 5.\7\ Pursuant to the provisions of section 54 of the
    Atomic Energy Act of 1954, as amended, there is hereby
    authorized for sale or lease to the Community--
    ---------------------------------------------------------------------------
        \7\ 42 U.S.C. 2294. Sec. 13 of Public Law 90-190 (81 Stat. 575)
    amended and restated sec. 5, which formerly read as follows, as amended
    previously by sec. 19 of Public Law 87-206 (75 Stat. 479), and sec. 5
    of Public Law 88-394 (78 Stat. 376):
        ``Sec. 5. Pursuant to the provisions of section 54 of the Atomic
    Energy Act of 1954, as amended, there is hereby authorized for sale or
    lease to the Community:
    ---------------------------------------------------------------------------

      ``Seventy thousand kilograms of contained uranium 235

      ``Five hundred kilograms of plutonium

      ``Thirty kilograms of uranium 233

    ``in accordance with the provisions of an agreement or agreements for
    cooperation between the Government of the United States and the Community
    entered into pursuant to the provisions of section 123 of the Atomic Energy
    Act of 1954 as amended: Provided, That the Government of the United States
    obtains the equivalent of a first lien of any such material sold to the
    Community for which payment is not made in full at the time of transfer.''.

              an amount of contained uranium 235 which does not
            exceed that necessary to support the fuel cycle of
            power reactors located within the Community having a
            total installed capacity of thirty-five thousand
            megawatts of electric energy, together with twenty-five
            thousand kilograms of contained uranium 235 for other
            purposes; \8\
    ---------------------------------------------------------------------------
        \8\ Public Law 93-88 (87 Stat. 296), amended this paragraph.
    Previously, it read ``two hundred fifteen thousand kilograms of
    contained uranium 235;''.
    ---------------------------------------------------------------------------
              one thousand five hundred kilograms of plutonium; and
            thirty kilograms of uranium 233;
    in accordance with the provisions of an agreement or agreements
    for cooperation between the Government of the United States and
    the Community entered into pursuant to the provisions of
    section 123 of the Atomic Energy Act of 1954, as amended:
    Provided, That the Government of the United States obtains the
    equivalent of a first lien of any such material sold to the
    Community for which payment is not made in full at the time of
    transfer. The Commission may enter into contracts to provide,
    after December 31, 1968, for the producing or enriching of all,
    or part of, the above-mentioned contained uranium 235 pursuant
    to the provisions of subsection 161 v. (B) of said Act, as
    amended in lieu of sale or lease thereof.
        Sec. 6.\9\ (a) The Atomic Energy Commission is authorized
    to purchase or otherwise acquire from the Community special
    nuclear material or any interest therein from reactors
    constructed under the joint program in accordance with the
    terms of an agreement for cooperation entered into pursuant to
    the provisions of section 123 of the Atomic Energy Act of 1954,
    as amended: Provided, That neither plutonium nor uranium 233
    nor any interest therein shall be acquired under this section
    in excess of the total quantities authorized by law. The
    Commission is hereby authorized to acquire from the Community
    pursuant to this section up to four thousand one hundred
    kilograms of plutonium for use only for peaceful purposes.
    ---------------------------------------------------------------------------
        \9\ 42 U.S.C. 2295.
    ---------------------------------------------------------------------------
        (b) Any contract made under the provisions of this section
    to acquire plutonium or any interest therein may be at such
    prices and for such period of time as the Commission may deem
    necessary: Provided, That with respect to plutonium produced in
    any reactor constructed under the joint program, no such
    contract shall be for a period greater than ten years of
    operation of such reactors or December 31, 1973 (or December
    31, 1975, for not more than two reactors selected under section
    2(c)), whichever is earlier: And provided further, That no such
    contract shall provide for compensation or the payment of a
    purchase price in excess of the Commission's established price
    in effect at the time of delivery to the Commission for such
    material as fuel in a nuclear reactor.
        (c) Any contract made under the provisions of this section
    to acquire uranium enriched in the isotope uranium 235 may be
    at such price and for such period of time as the Commission may
    deem necessary: Provided, That no such contract shall be for a
    period of time extending beyond the terminal date of the
    agreement for cooperation with the Community or provide for the
    acquisition of uranium enriched in the isotope U-235 in excess
    of the quantities of such material that have been distributed
    to the Community by the Commission less the quantity consumed
    in the nuclear reactors involved in the joint program: And
    provided further, That no such contract shall provide for
    compensation or the payment of a purchase price in excess of
    the Atomic Energy Commission's established charges for such
    material in effect at the time delivery is made to the
    Commission.
        (d) Any contract made under this section for the purchase
    of special nuclear material or any interest therein may be made
    without regard to the provisions of section 3679 of the Revised
    Statutes, as amended.
        (e) Any contract made under this section may be made
    without regard to section 3709 of the Revised Statutes, as
    amended, upon certification by the Commission that such action
    is necessary in the interest of the common defense and
    security, or upon a showing by the Commission that advertising
    is not reasonably practicable.
        Sec. 7.\10\ The Government of the United States of America
    shall not be liable for any damages or third party liability
    arising out of or resulting from the joint program: Provided
    however, That nothing in this section shall deprive any person
    of any rights under section 170 of the Atomic Energy Act of
    1954, as amended. And provided further, That nothing in this
    section shall apply to arrangements made by the Commission
    under a research and development program authorized in section
    3.\11\ The Government of the United States shall take such
    steps as may be necessary, including appropriate disclaimer or
    indemnity arrangements, in order to carry out the provisions of
    this section.\12\
    ---------------------------------------------------------------------------
        \10\ 42 U.S.C. 2296.
        \11\ Public Law 87-206 (75 Stat. 475) added this proviso.
        \12\ Sec. 903(b) of the Energy Policy Act of 1992 (Public Law 102-
    486; 106 Stat. 2944) provided the following:
        ``(b) Report to Congress.--
    ---------------------------------------------------------------------------

      ``(1) In general.--Not later than 90 days after the date of the enactment
    of this Act, the Chairman of the Nuclear Regulatory Commission, after
    consulting with other relevant agencies, shall submit to the Congress a
    report detailing the current disposition of previous United States exports
    of highly enriched uranium, including--

      ``(A) their location;

      ``(B) whether they are irradiated;

      ``(C) whether they have been used for the purpose stated in their export
    license; and

      ``(D) whether they have been used for an alternative purpose and, if so,
    whether such alternative purpose has been explicitly approved by the
    Commission.

      ``(2) Exports to euratom.--To the maximum extent possible, the report
    required by paragraph (1) shall include--

      ``(A) exports of highly enriched uranium to EURATOM; and

      ``(B) subsequent retransfers of such material within EURATOM, without
    regard to the extent of United States control over such retransfers.''.
      (6) Agreement for Nuclear Cooperation Between the United States and
                                   China \1\

    Public Law 99-183 [S.J. Res. 238], 99 Stat. 1174, approved December 16,
                                      1985

      JOINT RESOLUTION Relating to the approval and implementation of the
     proposed agreement for nuclear cooperation between the United States
                      and the People's Republic of China.

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That (a)(1) the
    Congress does favor the Agreement for Cooperation Between the
    Government of the United States of America and the Government
    of the People's Republic of China Concerning Peaceful Uses of
    Nuclear Energy, done on July 23, 1985 (hereafter in this joint
    resolution referred to as the ``Agreement'').
    ---------------------------------------------------------------------------
        \1\ Sec. 3137 of Public Law 104-201 (110 Stat. 2831) provided the
    following:
    ---------------------------------------------------------------------------

    ``sec. 3137. prohibition on funding nuclear weapons activities with
    people's republic of china.
    ---------------------------------------------------------------------------

        ``(a) Funding Prohibition.--No funds authorized to be appropriated
    or otherwise available to the Department of Energy for fiscal year 1997
    may be obligated or expended for any activity associated with the
    conduct of cooperative programs relating to nuclear weapons or nuclear
    weapons technology, including stockpile stewardship, safety, and use
    control, with the People's Republic of China.
        ``(b) Report.--(1) The Secretary of Energy shall prepare, in
    consultation with the Secretary of Defense, a report containing a
    description of all discussions and activities between the United States
    and the People's Republic of China regarding nuclear weapons matters
    that have occurred before the date of the enactment of this Act and
    that are planned to occur after such date. For each such discussion or
    activity, the report shall include--
    ---------------------------------------------------------------------------

      ``(A) the authority under which the discussion or activity took or will
    take place;

      ``(B) the subject of the discussion or activity;

      ``(C) participants or likely participants;

      ``(D) the source and amount of funds used or to be used to pay for the
    discussion or activity; and

      ``(E) a description of the actions taken or to be taken to ensure that no
    classified information or unclassified controlled information was or will
    be revealed, and a determination of whether classified information or
    unclassified controlled information was revealed in previous discussions.
    ---------------------------------------------------------------------------

        ``(2) The report shall be submitted to the Committee on Armed
    Services of the Senate and the Committee on National Security of the
    House of Representatives not later than January 15, 1997.''.
        See also sec. 1305--Report on Military Capabilities of People's
    Republic of China, sec. 1306--Presidential Report Regarding Weapons
    Proliferation and Policies of the People's Republic of China, and sec.
    1307--United States-People's Republic of China Joint Defense Conversion
    Commission, in Public Law 104-201, beginning at page 533.
    ---------------------------------------------------------------------------
        (2) Notwithstanding section 123 of the Atomic Energy Act of
    1954, the Agreement becomes effective in accordance with the
    provisions of this joint resolution and other applicable
    provisions of law.
        (b) Notwithstanding any other provision of law or any
    international agreement, no license may be issued for export to
    the People's Republic of China of any nuclear material,
    facilities, or components subject to the Agreement, and no
    approval for the transfer or retransfer to the People's
    Republic if China of any nuclear material, facilities, or
    components subject to the Agreement shall be given--
              (1) until the expiration of a period of thirty days
            of continuous session of Congress after the President
            has certified to the Congress that-- \2\
    ---------------------------------------------------------------------------
        \2\ On January 12, 1998, the President made this certification
    (Presidential Determination No. 98-10; 63 F.R. 3447; January 23, 1998).
    That determination also included the certification required by sec.
    902(a)(6)(B)(i) of Public Law 101-246.
    ---------------------------------------------------------------------------
                      (A) the reciprocal arrangements made pursuant
                    to Article 8 of the Agreement have been
                    designed to be effective in ensuring that any
                    nuclear material, facilities, or components
                    provided under the Agreement shall be utilized
                    solely for intended peaceful purposes as set
                    forth in the Agreement;
                      (B) the Government of the People's Republic
                    of China has provided additional information
                    concerning its nuclear nonproliferation
                    policies and that, based on this and all other
                    information available to the United States
                    Government, the People's Republic of China is
                    not in violation of paragraph (2) of section
                    129 of the Atomic Energy Act of 1954; and
                      (C) the obligation to consider favorably a
                    request to carry out activities described in
                    Article 5(2) of the Agreement shall not
                    prejudice the decision of the United States to
                    approve or disapprove such a request; and
              (2) until the President has submitted to the Speaker
            of the House of Representatives and the chairman of the
            Committee on Foreign Relations of the Senate a report
            detailing the history and current developments in the
            nonproliferation policies and practices of the People's
            Republic of China.
    The report described in paragraph (2) shall be submitted in
    unclassified form with a classified addendum.
        (c) Each proposed export pursuant to the Agreement shall be
    subject to United States laws and regulations in effect at the
    time of each such report.
        (d) Nothing in the Agreement or this joint resolution may
    be construed as providing a precedent or other basis for the
    negotiation or renegotiation of any other agreement for nuclear
    cooperation.
        (e) For purposes of subsection (b)--
              (1) the continuity of a session of Congress is broken
            only by adjournment of the Congress sine die at the end
            of a Congress; and
              (2) the days on which either House is not in session
            because of an adjournment of more than three days to a
            day certain are excluded in the computation of the
            period indicated.
     (7) International Atomic Energy Agency Participation Act of 1957, as
                                    amended

     Partial text of Public Law 85-177 [H.R. 8992], 71 Stat. 453, approved
        August 28, 1957; as amended by Public Law 85-795, 72 Stat. 959,
     approved August 28, 1958; Public Law 89-348, 79 Stat. 1310, approved
    November 8, 1965; Public Law 96-465 [H.R. 6790], 94 Stat. 2071 at 2161,
        approved October 17, 1980; Public Law 103-437 [U.S.C. Technical
    Amendments; H.R. 4777], 108 Stat. 4581, approved November 2, 1994; and
     Public Law 106-113 [H.R. 3194], 113 Stat. 1501, approved November 29,
                                      1999

    AN ACT To provide for the appointment of representatives of the United
    States in the organs of the International Atomic Energy Agency, and to
     make other provisions with respect to the participation of the United
                 States in that Agency, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``International Atomic Energy Agency
    Participation Act of 1957''.
        Sec. 2.\1\ (a) The President, by and with the advice and
    consent of the Senate, shall appoint a representative and a
    deputy representative of the United States to the International
    Atomic Energy Agency (hereinafter referred to as the
    ``Agency''), who shall hold office at the pleasure of the
    President. Such representative and deputy representative shall
    represent the United States on the Board of Governors of the
    Agency, may represent the United States at the General
    Conference, and may serve ex officio as United States
    representative on any organ of that Agency, and shall perform
    such other functions in connection with the participation of
    the United States in the Agency as the President may from time
    to time direct. The Representatives of the United States to the
    Vienna office of the United Nations shall also serve as
    representative of the United States to the Agency.\2\
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2021.
        \2\ Sec. 708(b) of the Admiral James W. Nance and Meg Donovan
    Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
    3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
    113 Stat. 1536) added this sentence.
    ---------------------------------------------------------------------------
        (b) The President, by and with the advice and consent of
    the Senate, may appoint or designate from time to time to
    attend a specified session or specified sessions of the General
    Conference of the Agency a representative of the United States
    and such number of alternates as he may determine consistent
    with the rules of procedure of the General Conference.
        (c) The President may also appoint or designate from time
    to time such other persons as he may deem necessary to
    represent the United States in the organs of the Agency. The
    President may designate any officer of the United States
    Government, whose appointment is subject to confirmation by the
    Senate, to act, without additional compensation, for temporary
    periods as the representative of the United States on the Board
    of Governors or to the General Conference of the Agency in the
    absence or disability of the representative and deputy
    representative appointed under section 2(a) or in lieu of such
    representatives in connection with a specified subject matter.
        (d) All persons appointed or designated in pursuance of
    authority contained in this section shall receive compensation
    at rates determined by the President upon the basis of duties
    to be performed but not in excess of rates authorized by
    sections 401, 402, and 403 of the Foreign Service Act of 1980
    by chiefs of mission, members of the Senior Foreign Service,
    and Foreign Service officers occupying positions of equivalent
    importance, except that no Member of the Senate or House of
    Representatives or officer of the United States who is
    designated under subsection (b) or subsection (c) of this
    section as a delegate or representative of the United States or
    as an alternate to attend any specified session or specified
    sessions of the General Conference shall be entitled to receive
    such compensation.\3\ Any person who receives compensation
    pursuant to the provisions of this subsection may be granted
    allowances and benefits not to exceed those received under the
    Foreign Service Act of 1980 by chiefs of mission, members of
    the Senior Foreign Service and Foreign Service officers
    occupying positions of equivalent importance.\4\
    ---------------------------------------------------------------------------
        \3\ Sec. 2206(a)(7) of Public Law 94-465 (94 Stat. 2161) added the
    references in this subsection to sections of the Foreign Service Act of
    1980 and to the Senior Foreign Service, effective February 15, 1981.
    These replaced a reference to secs. 411 and 412 of the Foreign Service
    Act of 1946.
        \4\ Sec. 2206(a)(7) of Public Law 96-465 (94 Stat. 2161) added the
    references to the Foreign Service Act of 1980 and to the Senior Foreign
    Service, effective February 15, 1981.
    ---------------------------------------------------------------------------
        Sec. 3.\5\ The participation of the United States in the
    International Atomic Energy Agency shall be consistent with and
    in furtherance of the purposes of the Agency set forth in its
    statute and the policy concerning the development, use, and
    control of atomic energy set forth in the Atomic Energy Act of
    1954, as amended. [The President shall, from time to time as
    occasion may require, but not less than once each year, make
    reports to the Congress on the activities of the International
    Atomic Energy Agency and on the participation of the United
    States therein.] \6\ In addition to any other requirements of
    law, the Department of State and the Atomic Energy Commission
    shall keep the Committees on Energy and Commerce and on Foreign
    Affairs of the House of Representatives and the Committees on
    Energy and Natural Resources and on Foreign Relations of the
    Senate,\7\ as appropriate, currently informed with respect to
    the activities of the Agency and the participation of the
    United States therein.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 2022.
        \6\ Public Law 89-348 (79 Stat. 1310), sec. 1(20), amended Public
    Law 85-177 by repealing the requirement of a report to the Congress by
    the President not less than once each year on the activities of the
    International Atomic Energy Agency and on the participation of the
    United States therein. Sec. 1(20) of that Act did not, however, repeal
    the language of sec. 3 creating the report requirement.
        \7\ Sec. 9(b) of Public Law 103-437 (108 Stat. 4588) struck out
    ``Joint Committee on Atomic Energy, the House Committee on Foreign
    Affairs, and the Senate Committee on Foreign Relations,'', and inserted
    in lieu thereof ``Committees on Energy and Commerce and on Foreign
    Affairs of the House of Representatives and the Committees on Energy
    and Natural Resources and on Foreign Relations of the Senate,''. Sec.
    1(a)(5) of Public Law 104-14 (109 Stat. 186) subsequently provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives. Sec. 1(a)(4)
    of Public Law 104-14 (109 Stat. 186) provided that references to the
    Committee on Energy and Commerce of the House of Representatives shall
    be treated as referring to the Committee on Commerce of the House of
    Representatives. Sec. 1(c)(1) of that Act (110 Stat. 187) further
    provided that any reference in any provision of law enacted before
    January 4, 1995 to the House Committee on Energy and Commerce shall be
    treated as referring to (1) the Committee on Agriculture in the case of
    a provision relating to inspection of seafood or seafood products; (2)
    the Committee on Banking and Financial Services in the case of a
    provision relating to bank capital markets activities or depository
    institution securities; or (3) the Committee on Transportation and
    Infrastructure in the case of a provision relating to railroads and
    railway labor issues.
    ---------------------------------------------------------------------------
        Sec. 4.\8\ The representatives provided for in section 2
    hereof, when representing the United States in the organs of
    the Agency, shall, at all times, act in accordance with the
    instructions of the President, and such representatives shall,
    in accordance with such instructions, cast any and all votes
    under the statute of the International Atomic Energy Agency.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 2023.
    ---------------------------------------------------------------------------
        Sec. 5.\9\ There is hereby authorized to be appropriated
    annually to the Department of State, out of any money in the
    Treasury not otherwise appropriated, such sums as may be
    necessary for the payment by the United States of its share of
    the expenses of the International Atomic Energy Agency as
    apportioned by the Agency in accordance with paragraph (D) of
    article XIV of the statute of the Agency, and for all necessary
    salaries and expenses of the representatives provided for in
    section 2 hereof and of their appropriate staffs, including
    personal services without regard to the civil service laws and
    the Classification Act of 1949, as amended; travel expenses
    without regard to the Standardized Government Travel
    Regulations, as amended, the Travel Expense Act of 1949, as
    amended, and section 10 of the Act of March 3, 1933, as
    amended; salaries as authorized by the Foreign Service Act of
    1980,\10\ or as authorized by the Atomic Energy Act of 1954, as
    amended, and expenses and allowances of personnel and
    dependents as authorized by the Foreign Service Act of 1980;
    \10\ services as authorized by sec. 15 of the Act of Aug. 2,
    1946 (5 U.S.C. 55a); \11\ translating and other services, by
    contract; hire of passenger motor vehicles and other local
    transportation; printing and binding without regard to section
    II of the Act of March 1, 1919 (44 U.S.C. 111); official
    functions and courtesies; such sums as may be necessary to
    defray the expenses of United States participation in the
    Preparatory Commission for the Agency, established pursuant to
    annex I of the statute of the Agency; and such other expenses
    as may be authorized by the Secretary of State.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 2024.
        \10\ Sec. 2206(a)(7)(i) and (ii) of Public Law 96-465 (94 Stat.
    2162) struck out ``Foreign Service Act of 1946, as amended'' and
    inserted in lieu thereof ``Foreign Service Act of 1980'' in the two
    places where reference to the 1946 Act appeared in sec. 5.
        \11\ Public Law 89-554 (80 Stat. 416) codified sec. 15 of the Act
    of August 2, 1946, as 5 U.S.C. 3109.
    ---------------------------------------------------------------------------
        Sec. 6.\12\ (a) \13\ Notwithstanding any other provision of
    law, Executive order or regulation, a Federal employee who,
    with the approval of the Federal agency, or the head of the
    department by which he is employed, leaves his position to
    enter the employ of the Agency shall not be considered for the
    purposes of the Civil Service Retirement Act, as amended, and
    the Federal Employees' Group Life Insurance Act of 1954, as
    amended, as separated from his Federal position during such
    employment with the Agency but not to extend beyond the first
    three consecutive years of his entering the employ of the
    Agency: Provided, (1) That he shall pay to the Civil Service
    Commission \14\ within ninety days from the date he is
    separated without prejudice from the Agency all necessary
    deductions and agency contributions for coverage under the
    Civil Service Retirement Act for the period of his employment
    by the Agency, and (2) That all deductions and agency
    contributions necessary for continued coverage under the
    Federal Employees' Group Life Insurance Act of 1954, as
    amended, shall be made during the term of his employment with
    the International Atomic Energy Agency. If such employee,
    within three years from the date of his employment with the
    Agency, and within ninety days from the date he is separated
    without prejudice from the Agency, applies to be restored to
    his Federal position, he shall within thirty days of such
    application be restored to such position or to a position of
    like seniority, status and pay.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 2025.
        \13\ Sec. 7 of Public Law 85-795 (72 Stat. 959) repealed sec. 6(a),
    ``except that it shall be considered to remain in effect with respect
    to any employee subject thereto who is serving as an employee of the
    International Atomic Energy Agency on the date of enactment of this Act
    and who does not make the election referred to in sec. 6 and for the
    purposes of any rights and benefits vested thereunder prior to such
    date.''.
        \14\ Sec. 102 of Reorganization Plan No. 2 of 1978 (43 F.R. 36067;
    August 15, 1978) transferred all functions vested by statute in the
    Civil Service Commission to the Director of the Office of Personnel
    Management.
    ---------------------------------------------------------------------------
        (b) Notwithstanding any other provision of law, Executive
    order or regulation, any Presidential appointee or elected
    officer who leaves his position to enter, or who within ninety
    days after the termination of his position enters, the employ
    of the Agency, shall be entitled to the coverage and benefits
    of the Civil Service Retirement Act, as amended, and the
    Federal Employees' Group Life Insurance Act of 1954, as
    amended, but not beyond the earlier of either the termination
    of his employment with the Agency or the expiration of three
    years from the date he entered employment with the Agency:
    Provided, (1) That he shall pay to the Civil Service Commission
    \14\ within ninety days from the date he is separated without
    prejudice from the Agency all necessary deductions and agency
    contributions for coverage under the Civil Service Retirement
    Act for the period of his employment by the agency and (2) That
    all deductions and agency contributions necessary for continued
    coverage under the Federal Employees' Group Life Insurance Act
    of 1954, as amended, shall be made during the term of his
    employment with the Agency.
        (c) The President is authorized to prescribe such
    regulations as may be necessary to carry out the provisions of
    this section and to protect the retirement, insurance and such
    other civil service rights and privileges as the President may
    find appropriate.
              * * * * * * *
        Sec. 8.\15\ In the event of an amendment to the Statute of
    the Agency being adopted in accordance with article XVIII-C of
    the Statute to which the Senate by formal vote shall refuse its
    advice and consent, upon notification by the Senate to the
    President of such refusal to advise and consent, all further
    authority under section \16\ 2, 3, 4, and 5 of this Act, as
    amended, shall terminate: Provided, however, That the Secretary
    of State, under such regulations as the President shall
    promulgate, shall have the necessary authority to complete the
    prompt and orderly settlement of obligations and commitments to
    the Agency already incurred and pay salaries, allowances,
    travel expenses, and other expenses required for a prompt and
    orderly termination of United States participation in the
    Agency: And provided further, That the representative and the
    deputy representative of the United States to the Agency, and
    such other officers or employees representing the United States
    in the Agency, under such regulations as the President shall
    promulgate, shall retain their authority under this Act for
    such time as may be necessary to complete the settlement of
    matters arising out of the United States participation in the
    Agency.
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 2026.
        \16\ Should read ``sections''.
     w. Executive Orders Concerning International Atomic Energy Cooperation

       (1) Authorization for the Communication of Restricted Data by the
                              Department of State

    Executive Order 11057, October 18, 1962, 27 F.R. 10289, 42 U.S.C. 2162
                                      note

        By virtue of the authority vested in me by the Atomic
    Energy Act of 1954, as amended (hereinafter referred to as the
    Act; 42 U.S.C. 2011 et seq.), and as President of the United
    States, it is ordered as follows:
        The Department of State is hereby authorized to
    communicate, in accordance with the terms and conditions of any
    agreement for cooperation arranged pursuant to subsection 144b
    of the Act (42 U.S.C. 2164(b)), such Restricted Data and data
    removed from the Restricted Data category under subsection 142d
    of the Act (42 U.S.C. 2162(d)) as is determined
        (i) by the President, pursuant to the provisions of the
    Act, or
        (ii) by the Atomic Energy Commission \1\ and the Department
    of Defense, jointly pursuant to the provisions of Executive
    Order No. 10841, as amended,
    to be transmissible under the agreement for cooperation
    involved. Such communications shall be effected through
    mechanisms established by the Department of State in accordance
    with the terms and conditions of the agreement for cooperation
    involved: Provided, That no such communication shall be made by
    the Department of State until the proposed communication has
    been authorized either in accordance with procedures, adopted
    by the Atomic Energy Commission \1\ and the Department of
    Defense and applicable to conduct of programs for cooperation
    by those agencies, or in accordance with procedures approved by
    the Atomic Energy Commission \1\ and the Department of Defense
    and applicable to conduct of programs for cooperation by the
    Department of State.
    ---------------------------------------------------------------------------
        \1\ Sec. 4(a)(1) of Executive Order 12038 (43 F.R. 4957; February
    7, 1978) transferred the functions of the Atomic Energy Commission
    under this Executive Order either to the Secretary of Energy or to the
    Nuclear Regulatory Commission consistent with the provisions related to
    such function transfers in the Energy Reorganization Act of 1974
    (Public Law 93-438; 88 Stat. 1233).
       (2) Authorization for the Communication of Restricted Data by the
                          Central Intelligence Agency

    Executive Order 10899, December 9, 1960, 25 F.R. 12729, 42 U.S.C. 2162
                                      note

        By virtue of the authority vested in me by the Atomic
    Energy Act of 1954, as amended (hereinafter referred to as the
    Act; 42 U.S.C. 2011 et seq.), and as President of the United
    States, it is ordered as follows:
        The Central Intelligence Agency is hereby authorized to
    communicate for intelligence purposes, in accordance with the
    terms and conditions of any agreement for cooperation arranged
    pursuant to subsections 144a, b, or c of the Act (42 U.S.C.
    2162 (a), (b), or (c)), such restricted data and data removed
    from the restricted data category under subsection 142d of the
    Act (42 U.S.C. 2162(d)) as is determined
              (i) by the President, pursuant to the provisions of
            the Act, or
              (ii) by the Atomic Energy Commission \1\ and the
            Department of Defense, jointly pursuant to the
            provisions of Executive Order No. 10841,
    ---------------------------------------------------------------------------
        \1\ Sec. 4(a)(1) of Executive Order 12038 (43 F.R. 4957; February
    7, 1978) transferred the functions of the Atomic Energy Commission
    under this Executive Order either to the Secretary of Energy or to the
    Nuclear Regulatory Commission consistent with the provisions related to
    such function transfers in the Energy Reorganization Act of 1974
    (Public Law 93-438; 88 Stat. 1233).
    ---------------------------------------------------------------------------
    to be transmissible under the agreement for cooperation
    involved. Such communications shall be effected through
    mechanisms established by the Central Intelligence Agency in
    accordance with the terms and conditions of the agreement for
    cooperation involved: Provided, That no such communication
    shall be made by the Central Intelligence Agency until the
    proposed communication has been authorized either in accordance
    with procedures adopted by the Atomic Energy Commission \1\ and
    the Department of Defense and applicable to conduct of programs
    for cooperation by those agencies, or in accordance with
    procedures approved by the Atomic Energy Commission \1\ and the
    Department of Defense and applicable to conduct of programs for
    cooperation by the Central Intelligence Agency.
    (3) Providing for the Carrying Out of Certain Provisions of the Atomic
     Energy Act of 1954, as amended, Relating to International Cooperation

    Executive Order 10841, September 30, 1959, 24 F.R. 7941, 42 U.S.C. 2153
      note; as amended by Executive Order 10956, August 12, 1961, 26 F.R.
        7315, 3 CFR 1959-63 Comp., page 482; and Executive Order 12608,
                        September 9, 1987, 52 F.R. 34617

        By virtue of the authority vested in me by the Atomic
    Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.), herein
    referred to as the Act, and section 301 of title 3 of the
    United States Code, and as President of the United States, it
    is ordered as follows:
        Section 1. Whenever the President, pursuant to section 123
    of the Act, has approved and authorized the execution of a
    proposed agreement providing for cooperation pursuant to
    section 91c, 144a, 144b, or 144c of the Act (42 U.S.C. 2121(c),
    2164(a), 2164(b), 2164(c)), such approval and authorization by
    the President shall constitute his authorization to cooperate
    to the extent provided for in the agreement and in the manner
    provided for in section 91c, 144a, 144b, or 144c, as pertinent.
    In respect of sections 91c, 144b, and 144c, authorizations by
    the President to cooperate shall be subject to the requirements
    of section 123d of the Act and shall also be subjected to
    appropriate determinations made pursuant to section 2 of this
    order.
        Sec. 2. (a) The Secretary of Defense and the Secretary of
    Energy \1\ are hereby designated and empowered to exercise
    jointly, after consultation with executive agencies as may be
    appropriate, the following described authority without the
    approval, ratification, or other action of the President:
    ---------------------------------------------------------------------------
        \1\ Sec. 9 of Executive Order 12608 (52 F.R. 34617; September 14,
    1987) struck out ``Atomic Energy Commission'' and inserted in lieu
    thereof ``Secretary of Energy''.
    ---------------------------------------------------------------------------
              (1) The authority vested in the President by section
            91c of the Act to determine that the proposed
            cooperation and each proposed transfer arrangement
            referred to in that section will promote and will not
            constitute an unreasonable risk to the common defense
            and security.
              (2) The authority vested in the President by section
            144b of the Act to determine that the proposed
            cooperation and the proposed communication of
            Restricted Data referred to in that section will
            promote and will not constitute an unreasonable risk to
            the common defense and security: Provided, That each
            determination made under this paragraph shall be
            referred to the President and, unless disapproved by
            him, shall become effective fifteen days after such
            referral or at such later time as may be specified in
            the determination.\2\
    ---------------------------------------------------------------------------
        \2\ Executive Order 10956 (26 F.R. 7315; August 12, 1961) added
    this provision.
    ---------------------------------------------------------------------------
              (3) The authority vested in the President by section
            144c of the Act to determine that the proposed
            cooperation and the communication of the proposed
            Restricted Data referred to in that section will
            promote and will not constitute an unreasonable risk to
            the common defense and security.
        (b) Whenever the Secretary of Defense and the Secretary of
    Energy \1\ are unable to agree upon a joint determination under
    the provisions of subsection (a) of this section, the
    recommendations of each of them, together with the
    recommendations of other agencies concerned, shall be referred
    to the President, and the determination shall be made by the
    President.
        Sec. 3. This order shall not be construed as delegating the
    function vested in the President by section 91c of the Act of
    approving programs proposed under that section.
        Sec. 4. (a) The functions of negotiating and entering into
    international agreements under the Act shall be performed by or
    under the authority of the Secretary of State.
        (b) International cooperation under the Act shall be
    subject to the responsibilities of the Secretary of State with
    respect to the foreign policy of the United States pertinent
    thereto.
      5. Arms Control and Nonproliferation Provisions in National Defense
                               Authorization Acts

           a. National Defense Authorization Act for Fiscal Year 2006

        Partial text of Public Law 109-163 [H.R. 1815], 119 Stat. 3136,
                            approved January 6, 2006

     AN ACT To authorize appropriations for fiscal year 2006 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
       military personnel strengths for such fiscal year, and for other
                                   purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 2006''.
              * * * * * * *

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                 TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

              * * * * * * *

         Subtitle B--Nonproliferation Matters and Countries of Concern

    SEC. 1211.\1\ PROHIBITION ON PROCUREMENTS FROM COMMUNIST CHINESE
                        MILITARY COMPANIES.

        (a) Prohibition.--The Secretary of Defense may not procure
    goods or services described in subsection (b), through a
    contract or any subcontract (at any tier) under a contract,
    from any Communist Chinese military company.
    ---------------------------------------------------------------------------
        \1\ 10 U.S.C. 2302 note.
    ---------------------------------------------------------------------------
        (b) Goods and Services Covered.--For purposes of subsection
    (a), the goods and services described in this subsection are
    goods and services on the munitions list of the International
    Trafficking in Arms Regulations, other than goods or services
    procured--
              (1) in connection with a visit by a vessel or an
            aircraft of the United States Armed Forces to the
            People's Republic of China;
              (2) for testing purposes; or
              (3) for purposes of gathering intelligence.
        (c) Waiver Authorized.--The Secretary of Defense may waive
    the prohibition in subsection (a) if the Secretary determines
    such a waiver is necessary for national security purposes. The
    Secretary shall notify the congressional defense committees of
    each waiver made under this subsection.
        (d) Definitions.--In this section:
              (1) The term ``Communist Chinese military company''
            has the meaning provided that term by section
            1237(b)(4) of the Strom Thurmond National Defense
            Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701
            note).
              (2) The term ``munitions list of the International
            Trafficking in Arms Regulations'' means the United
            States Munitions List contained in part 121 of
            subchapter M of title 22 of the Code of Federal
            Regulations.

    SEC. 1212. REPORT ON NONSTRATEGIC NUCLEAR WEAPONS.

        (a) Review.--Not later than six months after the date of
    the enactment of this Act, the Secretary of Defense shall, in
    consultation with the Secretary of State and the Secretary of
    Energy, conduct a review of United States and Russian
    nonstrategic nuclear weapons and determine whether it is in the
    national security interest of the United States--
              (1) to reduce the number of United States and Russian
            nonstrategic nuclear weapons;
              (2) to improve the security of United States and
            Russian nonstrategic nuclear weapons in storage and
            during transport;
              (3) to identify and develop mechanisms and procedures
            to implement transparent reductions in nonstrategic
            nuclear weapons; and
              (4) to identify and develop mechanisms and procedures
            to implement the transparent dismantlement of excess
            nonstrategic nuclear weapons.
        (b) Report.--
              (1) In general.--The Secretary of Defense shall
            submit to the congressional defense committees a joint
            report, prepared in consultation with the Secretary of
            State and the Secretary of Energy, on the results of
            the review required under subsection (a). The report
            shall include a plan to implement, not later than
            October 1, 2006, actions determined as a result of the
            review to be in the United States national security
            interest.
              (2) Form.--The report required under paragraph (1)
            shall be submitted in unclassified form, but may
            include a classified annex.
              * * * * * * *

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *

                           Subtitle B--Other Matters

              * * * * * * *

    SEC. 3115. REPORT ON ASSISTANCE FOR A COMPREHENSIVE INVENTORY OF
                        RUSSIAN NONSTRATEGIC NUCLEAR WEAPONS.

        (a) Findings.--Congress finds that--
              (1) there is an insufficient accounting for, and
            insufficient security of, the nonstrategic nuclear
            weapons of the Russian Federation; and
              (2) because of the dangers posed by that insufficient
            accounting and security, it is in the national security
            interest of the United States to assist the Russian
            Federation in the conduct of a comprehensive inventory
            of its nonstrategic nuclear weapons.
        (b) Report.--
              (1) Report required.--Not later than April 15, 2006,
            the Secretary of Energy shall submit to Congress a
            report containing--
                      (A) the Secretary's evaluation of past and
                    current efforts by the United States to
                    encourage or facilitate a proper accounting for
                    and securing of the nonstrategic nuclear
                    weapons of the Russian Federation; and
                      (B) the Secretary's recommendations regarding
                    the actions by the United States that are most
                    likely to lead to progress in improving the
                    accounting for, and securing of, those weapons.
              (2) Consultation with secretary of defense.--The
            report under paragraph (1) shall be prepared in
            consultation with the Secretary of Defense.
              (3) Classification of report.--The report under
            paragraph (1) shall be in unclassified form, but may be
            accompanied by a classified annex.
              * * * * * * *
    b. Ronald W. Reagan National Defense Authorization Act for Fiscal Year
                                      2005

        Partial text of Public Law 108-375 [H.R. 4200], 118 Stat. 1811,
       approved October 28, 2004; as amended by Public Law 109-364 [John
     Warner National Defense Authorization Act for Fiscal Year 2007; H.R.
                5122], 120 Stat. 2083, approved October 17, 2006

     AN ACT To authorize appropriations for fiscal year 2005 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Ronald W. Reagan National
    Defense Authorization Act for Fiscal Year 2005''.
              * * * * * * *

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                  TITLE XII--MATTERS RELATING TO OTHER NATIONS

              * * * * * * *

                    Subtitle B--Counterproliferation Matters

    SEC. 1211. DEFENSE INTERNATIONAL COUNTERPROLIFERATION PROGRAMS.

        (a) International Security Program to Prevent Unauthorized
    Transfer and Transportation of WMDs.--Subsection (b) of section
    1424 of the Defense Against Weapons of Mass Destruction Act of
    1996 (50 U.S.C. 2333) is amended * * *
        (b) International Training Program to Deter WMD
    Proliferation.--Section 1504(e)(3)(A) of the National Defense
    Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108
    Stat. 2918) is amended-- * * *

    SEC. 1212.\1\ POLICY AND SENSE OF CONGRESS ON NONPROLIFERATION OF
                        BALLISTIC MISSILES.

        (a) Findings.--Congress makes the following findings:
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2797 note.
    ---------------------------------------------------------------------------
              (1) Certain countries are seeking to acquire
            ballistic missiles and related technologies that could
            be used to attack the United States or place at risk
            United States interests, deployed members of the Armed
            Forces, and allies of the United States and other
            friendly foreign countries.
              (2) Certain countries continue to actively transfer
            or sell ballistic missile technologies in contravention
            of standards of behavior established by the United
            States and allies of the United States and other
            friendly foreign countries.
              (3) The spread of ballistic missiles and related
            technologies worldwide has been slowed by a combination
            of national and international export controls, forward-
            looking diplomacy, and multilateral interdiction
            activities to restrict the development and transfer of
            such missiles and technologies.
        (b) Policy.--It is the policy of the United States to
    develop, support, and strengthen international accords and
    other cooperative efforts to curtail the proliferation of
    ballistic missiles and related technologies which could
    threaten the territory of the United States, allies of the
    United States and other friendly foreign countries, and
    deployed members of the Armed Forces of the United States with
    weapons of mass destruction.
        (c) Sense of Congress.--It is the sense of Congress that--
              (1) the United States should vigorously pursue
            foreign policy initiatives aimed at eliminating,
            reducing, or retarding the proliferation of ballistic
            missiles and related technologies; and
              (2) the United States and the international community
            should continue to support and strengthen established
            international accords and other cooperative efforts,
            including United Nations Security Council Resolution
            1540 (April 28, 2004) and the Missile Technology
            Control Regime, that are designed to eliminate, reduce,
            or retard the proliferation of ballistic missiles and
            related technologies.

    SEC. 1213. SENSE OF CONGRESS ON THE GLOBAL PARTNERSHIP AGAINST THE
                        SPREAD OF WEAPONS OF MASS DESTRUCTION.

        (a) Commendation of President.--Congress commends the
    President for the steps taken at the G-8 summit at Sea Island,
    Georgia, on June 8-10, 2004--
              (1) to demonstrate continued support for the Global
            Partnership against the Spread of Nuclear Weapons and
            Materials of Mass Destruction; and
              (2) to expand the Partnership (A) by welcoming new
            members, and (B) by using the Partnership to coordinate
            nonproliferation projects in Libya, Iraq, and other
            countries.
        (b) Future Actions.--It is the sense of Congress that the
    President should seek to--
              (1) expand the membership of donor nations to the
            Global Partnership against the Spread of Nuclear
            Weapons and Materials of Mass Destruction;
              (2) ensure that the Russian Federation remains the
            primary focus of the Partnership, but also seek to
            fund, through the Partnership, efforts in other
            countries that need assistance to secure or dismantle
            their own potentially vulnerable weapons or materials;
              (3) develop for the Partnership clear program goals;
              (4) develop for the Partnership transparent project
            prioritization and planning;
              (5) develop for the Partnership project
            implementation milestones under periodic review;
              (6) develop under the Partnership agreements between
            partners for project implementation; and
              (7) give high priority and senior-level attention to
            resolving disagreements on site access and worker
            liability under the Partnership.

    SEC. 1214. REPORT ON COLLABORATIVE MEASURES TO REDUCE THE RISKS OF A
                        LAUNCH OF RUSSIAN NUCLEAR WEAPONS.

        Not later than November 1, 2005, the Secretary of Defense
    shall submit to Congress a report on collaborative measures
    between the United States and the Russian Federation to reduce
    the risks of a launch of a nuclear-armed ballistic missile as a
    result of accident, misinformation, miscalculation, or
    unauthorized use. The report shall provide--
              (1) a description and assessment of the collaborative
            measures that are currently in effect;
              (2) a description and assessment of other
            collaborative measures that could be pursued in the
            future;
              (3) an assessment of the potential contributions of
            such collaborative measures to the national security of
            the United States;
              (4) an assessment of the effect of such collaborative
            measures on relations between the United States and the
            Russian Federation;
              (5) a description of the obstacles and opportunities
            associated with pursuing such collaborative measures;
            and
              (6) an assessment of the future of the Joint Data
            Exchange Center.
              * * * * * * *

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

              * * * * * * *

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *

                       Subtitle C--Proliferation Matters

              * * * * * * *

    SEC. 3132.\2\ ACCELERATION OF REMOVAL OR SECURITY OF FISSILE MATERIALS,
                        RADIOLOGICAL MATERIALS, AND RELATED EQUIPMENT AT
                        VULNERABLE SITES WORLDWIDE.

        (a) Sense of Congress.--(1) It is the sense of Congress
    that the security, including the rapid removal or secure
    storage, of high-risk, proliferation-attractive fissile
    materials, radiological materials, and related equipment at
    vulnerable sites worldwide should be a top priority among the
    activities to achieve the national security of the United
    States.
    ---------------------------------------------------------------------------
        \2\ 50 U.S.C. 2569.
    ---------------------------------------------------------------------------
        (2) It is the sense of Congress that the President may
    establish in the Department of Energy a task force to be known
    as the Task Force on Nuclear Materials to carry out the program
    authorized by subsection (b).
        (b) Program Authorized.--The Secretary of Energy may carry
    out a program to undertake an accelerated, comprehensive
    worldwide effort to mitigate the threats posed by high-risk,
    proliferation-attractive fissile materials, radiological
    materials, and related equipment located at sites potentially
    vulnerable to theft or diversion.
        (c) Program Elements.--(1) Activities under the program
    under subsection (b) may include the following:
              (A) Accelerated efforts to secure, remove, or
            eliminate proliferation-attractive fissile materials or
            radiological materials in research reactors, other
            reactors, and other facilities worldwide.
              (B) Arrangements for the secure shipment of
            proliferation-attractive fissile materials,
            radiological materials, and related equipment to other
            countries willing to accept such materials and
            equipment, or to the United States if such countries
            cannot be identified, and the provision of secure
            storage or disposition of such materials and equipment
            following shipment.
              (C) The transportation of proliferation-attractive
            fissile materials, radiological materials, and related
            equipment from sites identified as proliferation risks
            to secure facilities in other countries or in the
            United States.
              (D) The processing and packaging of proliferation-
            attractive fissile materials, radiological materials,
            and related equipment in accordance with required
            standards for transport, storage, and disposition.
              (E) The provision of interim security upgrades for
            vulnerable, proliferation-attractive fissile materials,
            radiological materials, and related equipment pending
            their removal from their current sites.
              (F) The utilization of funds to upgrade security and
            accounting at sites where proliferation-attractive
            fissile materials or radiological materials will remain
            for an extended period of time in order to ensure that
            such materials are secure against plausible potential
            threats and will remain so in the future.
              (G) The management of proliferation-attractive
            fissile materials, radiological materials, and related
            equipment at secure facilities.
              (H) Actions to ensure that security, including
            security upgrades at sites and facilities for the
            storage or disposition of proliferation-attractive
            fissile materials, radiological materials, and related
            equipment, continues to function as intended.
              (I) The provision of technical support to the
            International Atomic Energy Agency (IAEA), other
            countries, and other entities to facilitate removal of,
            and security upgrades to facilities that contain,
            proliferation-attractive fissile materials,
            radiological materials, and related equipment
            worldwide.
              (J) The development of alternative fuels and
            irradiation targets based on low-enriched uranium to
            convert research or other reactors fueled by highly-
            enriched uranium to such alternative fuels, as well as
            the conversion of reactors and irradiation targets
            employing highly-enriched uranium to employment of such
            alternative fuels and targets.
              (K) Accelerated actions for the blend down of highly-
            enriched uranium to low-enriched uranium.
              (L) The provision of assistance in the closure and
            decommissioning of sites identified as presenting risks
            of proliferation of proliferation-attractive fissile
            materials, radiological materials, and related
            equipment.
              (M) Programs to--
                      (i) assist in the placement of employees
                    displaced as a result of actions pursuant to
                    the program in enterprises not representing a
                    proliferation threat; and
                      (ii) convert sites identified as presenting
                    risks of proliferation regarding proliferation-
                    attractive fissile materials, radiological
                    materials, and related equipment to purposes
                    not representing a proliferation threat to the
                    extent necessary to eliminate the proliferation
                    threat.
        (2) The Secretary of Energy shall, in coordination with the
    Secretary of State, carry out the program in consultation with,
    and with the assistance of, appropriate departments, agencies,
    and other entities of the United States Government.
        (3) The Secretary of Energy shall, with the concurrence of
    the Secretary of State, carry out activities under the program
    in collaboration with such foreign governments, non-
    governmental organizations, and other international entities as
    the Secretary of Energy considers appropriate for the program.
        (d) Reports.--(1) Not later than March 15, 2005, the
    Secretary of Energy shall submit to Congress a classified
    interim report on the program under subsection (b).
        (2) Not later than January 1, 2006, the Secretary shall
    submit to Congress a classified final report on the program
    under subsection (b) that includes the following:
              (A) A survey by the Secretary of the facilities and
            sites worldwide that contain proliferation-attractive
            fissile materials, radiological materials, or related
            equipment.
              (B) A list of sites determined by the Secretary to be
            of the highest priority, taking into account risk of
            theft from such sites, for removal or security of
            proliferation-attractive fissile materials,
            radiological materials, or related equipment, organized
            by level of priority.
              (C) A plan, including activities under the program
            under this section, for the removal, security, or both
            of proliferation-attractive fissile materials,
            radiological materials, or related equipment at
            vulnerable facilities and sites worldwide, including
            measurable milestones, metrics, and estimated costs for
            the implementation of the plan.
        (3) A summary of each report under this subsection shall
    also be submitted to Congress in unclassified form.
        (e) Funding.--Amounts authorized to be appropriated to the
    Secretary of Energy for defense nuclear nonproliferation
    activities shall be available for purposes of the program under
    this section.
        (f) \3\ Participation by Other Governments and
    Organizations.--
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        \3\ Sec 3113 of the John Warner National Defense Authorization Act
    for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2504) added a new
    subsec. (f) and redesignated former subsec. (f) as subsec. (g).
    ---------------------------------------------------------------------------
              (1) In general.--The Secretary of Energy may, with
            the concurrence of the Secretary of State, enter into
            one or more agreements with any person (including a
            foreign government, international organization, or
            multinational entity) that the Secretary of Energy
            considers appropriate under which the person
            contributes funds for purposes of the programs
            described in paragraph (2).
              (2) Programs covered.--The programs described in this
            paragraph are the following international programs
            within the Global Threat Reduction Initiative:
                      (A) The International Radiological Threat
                    Reduction program.
                      (B) The Emerging Threats and Gap Materials
                    program.
                      (C) The Reduced Enrichment for Research and
                    Test Reactors program.
                      (D) The Russian Research Reactor Fuel Return
                    program.
                      (E) The Global Research Reactor Security
                    program.
                      (F) The Kazakhstan Spent Fuel program.
              (3) Retention and use of amounts.--Notwithstanding
            section 3302 of title 31, United States Code, the
            Secretary of Energy may retain and use amounts
            contributed under an agreement under paragraph (1) for
            purposes of the programs described in paragraph (2).
            Amounts so contributed shall be retained in a separate
            fund established in the Treasury for such purposes and
            shall be available for use without further
            appropriation and without fiscal year limitation.
              (4) Return of amounts not used within 5 years.--If an
            amount contributed under an agreement under paragraph
            (1) is not used under this subsection within 5 years
            after it was contributed, the Secretary of Energy shall
            return that amount to the person who contributed it.
              (5) Notice to congressional defense committees.--Not
            later than 30 days after the receipt of an amount
            contributed under paragraph (1), the Secretary of
            Energy shall submit to the congressional defense
            committees a notice specifying the purpose and value of
            the contribution and identifying the person who
            contributed it. The Secretary may not use the amount
            until 15 days after the notice is submitted.
              (6) Annual report.--Not later than October 31 of each
            year, the Secretary of Energy shall submit to the
            congressional defense committees a report on the
            receipt and use of amounts under this subsection during
            the preceding fiscal year. Each report for a fiscal
            year shall set forth--
                      (A) a statement of any amounts received under
                    this subsection, including, for each such
                    amount, the value of the contribution and the
                    person who contributed it;
                      (B) a statement of any amounts used under
                    this subsection, including, for each such
                    amount, the purposes for which the amount was
                    used; and
                      (C) a statement of the amounts retained but
                    not used under this subsection, including, for
                    each such amount, the purposes (if known) for
                    which the Secretary intends to use the amount.
              (7) Expiration.--The authority to accept, retain, and
            use contributions under this subsection expires on
            December 31, 2013.
        (g) \3\ Definitions.--In this section:
              (1) The term ``fissile materials'' means plutonium,
            highly-enriched uranium, or other material capable of
            sustaining an explosive nuclear chain reaction,
            including irradiated items containing such materials if
            the radiation field from such items is not sufficient
            to prevent the theft or misuse of such items.
              (2) The term ``radiological materials'' includes
            Americium-241, Californium-252, Cesium-137, Cobalt-60,
            Iridium-192, Plutonium-238, Radium-226, Strontium-90,
            Curium-244, and irradiated items containing such
            materials, or other materials designated by the
            Secretary of Energy for purposes of this paragraph.
              (3) The term ``related equipment'' includes equipment
            useful for enrichment of uranium in the isotope 235 and
            for extraction of fissile materials from irradiated
            fuel rods and other equipment designated by the
            Secretary of Energy for purposes ofthis section.
              (4) The term ``highly-enriched uranium'' means
            uranium enriched to or above 20 percent in the isotope
            235.
              (5) The term ``low-enriched uranium'' means uranium
            enriched below 20 percent in the isotope 235.
              (6) The term ``proliferation-attractive'', in the
            case of fissile materials and radiological materials,
            means quantities and types of such materials that are
            determined by the Secretary of Energy to present a
            significant risk to the national security of the United
            States if diverted to a use relating to proliferation.

    SEC. 3133.\4\ SILK ROAD INITIATIVE.

        (a) Program Authorized.--(1) The Secretary of Energy may
    carry out a program, to be known as the Silk Road Initiative,
    to promote non-weapons-related employment opportunities for
    scientists, engineers, and technicians formerly engaged in
    activities to develop and produce weapons of mass destruction
    in Silk Road nations. The program should--
    ---------------------------------------------------------------------------
        \4\ 50 U.S.C. 2570.
    ---------------------------------------------------------------------------
              (A) incorporate best practices under the Initiatives
            for Proliferation Prevention program; and
              (B) facilitate commercial partnerships between
            private entities in the United States and scientists,
            engineers, and technicians in the Silk Road nations.
        (2) Before implementing the program with respect to
    multiple Silk Road nations, the Secretary of Energy shall carry
    out a pilot program with respect to one Silk Road nation
    selected by the Secretary. It is the sense of Congress that the
    Secretary should select the Republic of Georgia.
        (b) Silk Road Nations Defined.--In this section, the Silk
    Road nations are Armenia, Azerbaijan, the Republic of Georgia,
    Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and
    Uzbekistan.
        (c) Funding.--Of the funds authorized to be appropriated to
    the Department of Energy for nonproliferation and international
    security for fiscal year 2005, up to $10,000,000 may be used to
    carry out this section.

    SEC. 3134.\5\ NUCLEAR NONPROLIFERATION FELLOWSHIPS FOR SCIENTISTS
                        EMPLOYED BY UNITED STATES AND RUSSIAN FEDERATION.

        (a) In General.--(1) From amounts made available to carry
    out this section, the Administrator for Nuclear Security may
    carry out a program under which the Administrator awards, to
    scientists employed at nonproliferation research laboratories
    of the Russian Federation and the United States, international
    exchange fellowships, to be known as Nuclear Nonproliferation
    Fellowships, in the nuclear nonproliferation sciences.
    ---------------------------------------------------------------------------
        \5\ 50 U.S.C. 2571.
    ---------------------------------------------------------------------------
        (2) The purpose of the program shall be to provide
    opportunities for advancement in the nuclear nonproliferation
    sciences to scientists who, as demonstrated by their academic
    or professional achievements, show particular promise of making
    significant contributions in those sciences.
        (3) A fellowship awarded to a scientist under the program
    shall be for collaborative study and training or advanced
    research at--
              (A) a nonproliferation research laboratory of the
            Russian Federation, in the case of a scientist employed
            at a nonproliferation research laboratory of the United
            States; and
              (B) a nonproliferation research laboratory of the
            United States, in the case of a scientist employed at a
            nonproliferation research laboratory of the Russian
            Federation.
        (4) The duration of a fellowship under the program may not
    exceed two years, except that the Administrator may provide for
    a longer duration in an individual case to the extent warranted
    by extraordinary circumstances, as determined by the
    Administrator.
        (5) In a calendar year, the Administrator may not award
    more than--
              (A) one fellowship to a scientist employed at a
            nonproliferation research laboratory of the Russian
            Federation; and
              (B) one fellowship to a scientist employed at a
            nonproliferation research laboratory of the United
            States.
        (6) A fellowship under the program shall include--
              (A) travel expenses; and
              (B) any other expenses that the Administrator
            considers appropriate, such as room and board.
        (b) Definitions.--In this section:
              (1) The term ``nonproliferation research laboratory''
            means, with respect to a country, a national laboratory
            of that country at which research in the nuclear
            nonproliferation sciences is carried out.
              (2) The term ``nuclear nonproliferation sciences''
            means bodies of scientific knowledge relevant to
            developing or advancing the means to prevent or impede
            the proliferation of nuclear weaponry.
              (3) The term ``scientist'' means an individual who
            has a degree from an institution of higher education in
            a science that has practical application in the nuclear
            nonproliferation sciences.
        (c) Funding.--Amounts available to the Department of Energy
    for defense nuclear nonproliferation activities shall be
    available for the fellowships authorized by subsection (a).

    SEC. 3135. UTILIZATION OF INTERNATIONAL CONTRIBUTIONS TO THE
                        ELIMINATION OF WEAPONS GRADE PLUTONIUM PRODUCTION
                        PROGRAM.

        Section 3151 of the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116
    Stat. 2736; 22 U.S.C. 5952 note) is amended * * *
              * * * * * * *
           c. National Defense Authorization Act for Fiscal Year 2004

        Partial text of Public Law 108-136 [H.R. 1588], 117 Stat. 1392,
                           approved November 24, 2003

     AN ACT To authorize appropriations for fiscal year 2004 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 2004''.
              * * * * * * *

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                          TITLE X--GENERAL PROVISIONS

              * * * * * * *

                              Subtitle D--Reports

              * * * * * * *

    SEC. 1033.\1\ ANNUAL REPORT CONCERNING DISMANTLING OF STRATEGIC NUCLEAR
                        WARHEADS.

        (a) Annual Report.--Concurrent with the submission of the
    President's budget request to Congress each year, the Director
    of Central Intelligence shall submit to the committees
    specified in subsection (e) a report concerning dismantlement
    of Russian strategic nuclear warheads under the Moscow Treaty.
    Each such report shall discuss nuclear weapons dismantled by
    Russia during the prior fiscal year and the Director's
    projections for nuclear weapons to be dismantled by Russia
    during the current fiscal year and the fiscal year covered by
    the budget.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 5959 note.
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        (b) Classification.--The annual report under this section
    shall be transmitted in an unclassified form when possible and
    classified form as necessary.
        (c) Termination of Report Requirement.--The requirement to
    submit an annual report under this section terminates when the
    Moscow Treaty is no longer in effect.
        (d) Moscow Treaty Defined.--For purposes of this section,
    the term ``Moscow Treaty'' means the Treaty Between the United
    States of America and the Russian Federation on Strategic
    Offensive Reductions, done at Moscow on May 24, 2002.
        (e) Committees Specified.--The committees to which annual
    reports are to be submitted under this section are the
    following:
              (1) The Committee on Armed Services, the Select
            Committee on Intelligence, and the Committee on Foreign
            Relations of the Senate.
              (2) The Committee on Armed Services, the Permanent
            Select Committee on Intelligence, and the Committee on
            International Relations of the House of
            Representatives.
              * * * * * * *

                  TITLE XII--MATTERS RELATING TO OTHER NATIONS

              * * * * * * *

                      Subtitle A--Matters Relating to Iraq

              * * * * * * *

    SEC. 1204.\2\ REPORT ON ACQUISITION BY IRAQ OF ADVANCED WEAPONS.

        (a) Report.--Not later than one year after the date of the
    enactment of this Act, the Secretary of Defense shall submit to
    the Committees on Armed Services and Foreign Relations of the
    Senate and the Committees on Armed Services and International
    Relations of the House of Representatives a report on the
    acquisition by Iraq of weapons of mass destruction and
    associated delivery systems and the acquisition by Iraq of
    advanced conventional weapons.
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        \2\ 10 U.S.C. 113 note.
    ---------------------------------------------------------------------------
        (b) Matters To Be Included.--The report shall include the
    following:
              (1) A description of any materials, technology, and
            know how that Iraq was able to obtain for its nuclear,
            chemical, biological, ballistic missile, and unmanned
            aerial vehicle programs, and advanced conventional
            weapons programs, from 1979 through April 2003 from
            entities (including Iraqi citizens) outside of Iraq, as
            well as a description of how Iraq obtained these
            capabilities from those entities.
              (2) An assessment of the degree to which United
            States, foreign, and multilateral export control
            regimes prevented acquisition by Iraq of weapons of
            mass destruction-related technology and materials and
            advanced conventional weapons and delivery systems
            since the commencement of international inspections in
            Iraq.
              (3) An assessment of the effectiveness of United
            Nations sanctions at halting the flow of militarily-
            useful contraband to Iraq from 1991 until the end of
            Operation Iraqi Freedom.
              (4) An assessment of how Iraq was able to evade
            International Atomic Energy Agency and United Nations
            inspections regarding chemical, nuclear, biological,
            and missile weapons and related capabilities.
              (5) Identification and a catalog of the entities and
            countries that transferred militarily useful contraband
            and items described pursuant to paragraph (1) to Iraq
            between 1991 and the end of major combat operations of
            Operation Iraqi Freedom on May 1, 2003, and the nature
            of that contraband and of those items.
        (c) Form of Report.--The report shall be submitted in
    unclassified form with a classified annex, if necessary.
              * * * * * * *

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *

                       Subtitle C--Proliferation Matters

              * * * * * * *

    SEC. 3122. REPORT ON REDUCTION OF EXCESSIVE UNOBLIGATED OR UNEXPENDED
                        BALANCES FOR DEFENSE NUCLEAR NONPROLIFERATION
                        ACTIVITIES.

        (a) Contingent Requirement for Report.--If as of September
    30, 2004, the aggregate amount unobligated, or obligated but
    not expended, for defense nuclear nonproliferation activities
    from amounts appropriated for such activities in fiscal year
    2004 exceeds an amount equal to 20 percent of the aggregate
    amount appropriated for such activities in fiscal year 2004,
    the Administrator for Nuclear Security shall submit to the
    Committees on Armed Services of the Senate and the House of
    Representatives a report containing an aggressive plan to
    provide for the timely expenditure of amounts remaining
    unobligated, or obligated but not expended.
        (b) Submittal Date.--If required to be submitted under
    subsection (a), the submittal date for the report under that
    subsection shall be November 30, 2004.

    SEC. 3123.\3\ STUDY AND REPORT RELATING TO WEAPONS-GRADE URANIUM AND
                        PLUTONIUM OF THE INDEPENDENT STATES OF THE FORMER
                        SOVIET UNION.

        (a) Study Required.--The Secretary of Energy shall carry
    out a study on the feasibility, costs, and benefits of--
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 5952 note.
    ---------------------------------------------------------------------------
              (1) purchasing, from the independent states of the
            former Soviet Union, weapons-grade uranium and
            plutonium excess to the defense needs of those states;
            and
              (2) safeguarding the uranium and plutonium so
            purchased until rendered unusable for nuclear weapons.
        (b) Report.--Not later than one year after the date of the
    enactment of this Act, the Secretary shall submit to Congress a
    report on the results of the study required by subsection (a).

    SEC. 3124. AUTHORITY TO USE INTERNATIONAL NUCLEAR MATERIALS PROTECTION
                        AND COOPERATION PROGRAM FUNDS OUTSIDE THE FORMER
                        SOVIET UNION.

        (a) Authority.--Subject to the provisions of this section,
    the President may obligate and expend international nuclear
    materials protection and cooperation program funds for a fiscal
    year, and any such funds for a fiscal year before such fiscal
    year that remain available for obligation, for a defense
    nuclear nonproliferation project or activity outside the states
    of the former Soviet Union if the President determines each of
    the following:
              (1) That such project or activity will--
                      (A)(i) assist the United States in the
                    resolution of a critical emerging proliferation
                    threat; or
                      (ii) permit the United States to take
                    advantage of opportunities to achieve long-
                    standing nonproliferation goals; and
                      (B) be completed in a short period of time.
              (2) That the Department of Energy is the entity of
            the Federal Government that is most capable of carrying
            out such project or activity.
        (b) Scope of Activity.--The authority in subsection (a) to
    obligate and expend funds for a project or activity includes
    authority to provide equipment, goods, and services for such
    project or activity utilizing such funds, but does not include
    authority to provide cash directly to such project or activity.
        (c) Limitation on Total Amount of Obligation.--The amount
    that may be obligated in a fiscal year under the authority in
    subsection (a) may not exceed $50,000,000.
        (d) Limitation on Availability of Funds.--(1) The President
    may not obligate funds for a project or activity under the
    authority in subsection (a) until the President makes each
    determination specified in that subsection with respect to such
    project or activity.
        (2) Not later than 10 days after obligating funds under the
    authority in subsection (a) for a project or activity, the
    President shall notify Congress in writing of the
    determinations made under paragraph (1) with respect to such
    project or activity, together with--
              (A) a justification for such determinations; and
              (B) a description of the scope and duration of such
            project or activity.
        (e) Additional Limitations and Requirements.--Except as
    otherwise provided in subsections (a) and (b), the exercise of
    the authority in subsection (a) shall be subject to any
    requirement or limitation under another provision of law as
    follows:
              (1) Any requirement for prior notice or other reports
            to Congress on the use of international nuclear
            materials protection and cooperation program funds or
            on international nuclear materials protection and
            cooperation program projects or activities.
              (2) Any limitation on the obligation or expenditure
            of international nuclear materials protection and
            cooperation program funds.
              (3) Any limitation on international nuclear materials
            protection and cooperation program projects or
            activities.
        (f) Funds.--As used in this section, the term
    ``international nuclear materials protection and cooperation
    program funds'' means the funds appropriated pursuant to the
    authorization of appropriations in section 3101(a)(2) for such
    program.

    SEC. 3125.\4\ REQUIREMENT FOR ON-SITE MANAGERS.

        (a) On-Site Manager Requirement.--Before obligating any
    defense nuclear nonproliferation funds for a project described
    in subsection (b), the Secretary of Energy shall appoint one
    on-site manager for that project. The manager shall be
    appointed from among employees of the Federal Government.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 5961a.
    ---------------------------------------------------------------------------
        (b) Projects Covered.--Subsection (a) applies to a
    project--
              (1) to be located in a state of the former Soviet
            Union;
              (2) which involves dismantlement, destruction, or
            storage facilities, or construction of a facility; and
              (3) with respect to which the total contribution by
            the Department of Energy is expected to exceed
            $50,000,000.
        (c) Duties of On-Site Manager.--The on-site manager
    appointed under subsection (a) shall--
              (1) develop, in cooperation with representatives from
            governments of countries participating in the project,
            a list of those steps or activities critical to
            achieving the project's disarmament or nonproliferation
            goals;
              (2) establish a schedule for completing those steps
            or activities;
              (3) meet with all participants to seek assurances
            that those steps or activities are being completed on
            schedule; and
              (4) suspend United States participation in a project
            when a non-United States participant fails to complete
            a scheduled step or activity on time, unless directed
            by the Secretary of Energy to resume United States
            participation.
        (d) Authority to Manage More Than One Project.--(1) Subject
    to paragraph (2), an employee of the Federal Government may
    serve as on-site manager for more than one project, including
    projects at different locations.
        (2) If such an employee serves as on-site manager for more
    than one project in a fiscal year, the total cost of the
    projects for that fiscal year may not exceed $150,000,000.
        (e) Steps or Activities.--Steps or activities referred to
    in subsection (c)(1) are those activities that, if not
    completed, will prevent a project from achieving its
    disarmament or nonproliferation goals, including, at a minimum,
    the following:
              (1) Identification and acquisition of permits (as
            defined in subsection (g)).
              (2) Verification that the items, substances, or
            capabilities to be dismantled, secured, or otherwise
            modified are available for dismantlement, securing, or
            modification.
              (3) Timely provision of financial, personnel,
            management, transportation, and other resources.
        (f) Notification to Congress.--In any case in which the
    Secretary of Energy directs an on-site manager to resume United
    States participation in a project under subsection (c)(4), the
    Secretary shall concurrently notify Congress of such direction.
        (g) Permit Defined.--In this section, the term ``permit''
    means any local or national permit for development, general
    construction, environmental, land use, or other purposes that
    is required in the state of the former Soviet Union in which
    the project is being or is proposed to be carried out.
        (h) Effective Date.--This section shall take effect six
    months after the date of the enactment of this Act.
              * * * * * * *
      d. Bob Stump National Defense Authorization Act for Fiscal Year 2003

        Partial text of Public Law 107-314 [H.R. 4546], 116 Stat. 2458,
                           approved December 2, 2002

     AN ACT To authorize appropriations for fiscal year 2003 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,

    SECTION 1. SHORT TITLE; FINDINGS.

        (a) Short Title.--This Act may be cited as the ``Bob Stump
    National Defense Authorization Act for Fiscal Year 2003''.
        (b) * * *
              * * * * * * *

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                  TITLE XII--MATTERS RELATING TO OTHER NATIONS

              * * * * * * *

    SEC. 1204. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND
                        MONITOR IRAQI WEAPONS ACTIVITIES.

        (a) Limitation on Amount of Assistance in Fiscal Year
    2003.--The total amount of the assistance for fiscal year 2003
    that is provided by the Secretary of Defense under section 1505
    of the Weapons of Mass Destruction Control Act of 1992 (22
    U.S.C. 5859a) as activities of the Department of Defense in
    support of activities under that Act may not exceed
    $15,000,000.
        (b) Extension of Authority To Provide Assistance.--
    Subsection (f) of section 1505 of the Weapons of Mass
    Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended by
    striking ``2002'' and inserting ``2003''.

    SEC. 1205.\1\ COMPREHENSIVE ANNUAL REPORT TO CONGRESS ON COORDINATION
                        AND INTEGRATION OF ALL UNITED STATES
                        NONPROLIFERATION ACTIVITIES.

        Section 1205 of the National Defense Authorization Act for
    Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1247) is
    amended * * *
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 5952 note.
    ---------------------------------------------------------------------------

    SEC. 1206.\2\ REPORT REQUIREMENT REGARDING RUSSIAN PROLIFERATION TO
                        IRAN AND OTHER COUNTRIES OF PROLIFERATION CONCERN.

        (a) \3\ Report Requirement.--Not later than March 15 of
    2003 through 2009, the President shall submit to Congress a
    report (in unclassified and classified form as necessary)
    describing in detail Russian proliferation of weapons of mass
    destruction and ballistic missile goods, technology, expertise,
    and information, and of dual-use items that may contribute to
    the development of weapons of mass destruction and ballistic
    missiles, to Iran and to other countries of proliferation
    concern during the year preceding the year in which the report
    is submitted. The report shall include a detailed description
    of the following, for the year covered by the report:
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 5952 note.
        \3\ In sec. 1(a)(18) of Executive Order 13313 of July 31, 2003 (68
    F.R. 46073; August 5, 2003), the President assigned the reporting
    duties in subsec. (a) to the Secretary of State.
    ---------------------------------------------------------------------------
              (1) The number, type, and quality of direct and dual-
            use weapons of mass destruction and ballistic missile
            goods, technology, expertise, and information
            transferred.
              (2) The form, location, and manner in which such
            transfers took place.
              (3) The contribution that such transfers could make
            to the recipient countries' weapons of mass destruction
            and ballistic missile programs, and an estimate of how
            soon such countries will test, possess, and deploy
            weapons of mass destruction and ballistic missiles.
              (4) The impact and consequences that such transfers
            have, and could have over the next 10 years--
                      (A) on United States national security;
                      (B) on United States military forces deployed
                    in the region to which such transfers are being
                    made;
                      (C) on United States allies, friends, and
                    interests in that region; and(D) on the
                    military capabilities of the country receiving
                    such transfers from Russia.
              (5) The policy and strategy that the President
            intends to employ to halt Russian proliferation, the
            policy tools that the President intends to use to carry
            out that policy and strategy, the rationale for
            employing such tools, and the timeline by which the
            President expects to see material progress in ending
            Russian proliferation of direct and dual-use weapons of
            mass destruction and missile goods, technology,
            expertise, and information.
        (b) Definition.--In this section, the term ``country of
    proliferation concern'' means any country identified by the
    Director of Central Intelligence as having engaged in the
    acquisition of dual-use and other technology useful for the
    development or production of weapons of mass destruction
    (including nuclear weapons, chemical weapons, and biological
    weapons) or advanced conventional munitions--
              (1) in the most recent report under section 721 of
            the Combatting Proliferation of Weapons of Mass
            Destruction Act of 1996 (title VII of Public Law 104-
            293; 50 U.S.C. 2366); or
              (2) in any successor report on the acquisition by
            foreign countries of dual-use and other technology
            useful for the development or production of weapons of
            mass destruction.
              * * * * * * *

    SEC. 1208. EXTENSION OF CERTAIN COUNTERPROLIFERATION ACTIVITIES AND
                        PROGRAMS.

        (a) Extension of Interagency Counterproliferation Program
    Review Committee.--Section 1605(f) of the National Defense
    Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is
    amended * * *
        (b) Later Deadline for Submission of Annual Report.--
    Subsection (a) of section 1503 of the National Defense
    Authorization Act for Fiscal Year 1995 (22 U.S.C. 2751 note) is
    amended * * *
        (c) Additional Matters To Be Included in Annual Report.--
    Subsection (b) of such section is amended * * *
        (d) Technical Amendment To Reflect Change in Position
    Title.--Section 1605(a)(4) of the National Defense
    Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is
    amended * * *

    SEC. 1209. SEMIANNUAL REPORT BY DIRECTOR OF CENTRAL INTELLIGENCE ON
                        CONTRIBUTIONS BY FOREIGN PERSONS TO EFFORTS BY
                        COUNTRIES OF PROLIFERATION CONCERN TO OBTAIN
                        WEAPONS OF MASS DESTRUCTION AND THEIR DELIVERY
                        SYSTEMS.

        (a) Content of Semiannual Report.--The Combatting
    Proliferation of Weapons of Mass Destruction Act of 1996 (title
    VII of Public Law 104-293) is amended * * *
              * * * * * * *

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *

                       Subtitle C--Proliferation Matters

    SEC. 3151.\4\ TRANSFER TO NATIONAL NUCLEAR SECURITY ADMINISTRATION OF
                        DEPARTMENT OF DEFENSE'S COOPERATIVE THREAT
                        REDUCTION PROGRAM RELATING TO ELIMINATION OF
                        WEAPONS GRADE PLUTONIUM PRODUCTION IN RUSSIA. * * *

    SEC. 3152. REPEAL OF REQUIREMENT FOR REPORTS ON OBLIGATION OF FUNDS FOR
                        PROGRAMS ON FISSILE MATERIALS IN RUSSIA.

        Section 3131 of the National Defense Authorization Act for
    Fiscal Year 1996 (Public Law 104-106; 110 Stat. 617; 22 U.S.C.
    5952 note) is amended-- * * *
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 5952 note. For the full text of this section, see the
    entry entitled ``Cooperative Threat Reduction, Fiscal Year 2003'', page
    62 of this volume.
    ---------------------------------------------------------------------------

    SEC. 3153. EXPANSION OF ANNUAL REPORTS ON STATUS OF NUCLEAR MATERIALS
                        PROTECTION, CONTROL, AND ACCOUNTING PROGRAMS.

        (a) Covered Programs.--Subsection (a) of section 3171 of
    the Floyd D. Spence National Defense Authorization Act for
    Fiscal Year 2001 (as enacted into law by Public Law 106-398;
    114 Stat. 1654A-475; 22 U.S.C. 5952 note) is amended * * *
              * * * * * * *

    SEC. 3156.\5\ MATTERS RELATING TO THE INTERNATIONAL MATERIALS
                        PROTECTION, CONTROL, AND ACCOUNTING PROGRAM OF THE
                        DEPARTMENT OF ENERGY.

        (a) Radiological Dispersal Device Materials Protection,
    Control, and Accounting.--The Secretary of Energy may establish
    within the International Materials Protection, Control, and
    Accounting program of the Department of Energy a program on the
    protection, control, and accounting of materials usable in
    radiological dispersal devices. In establishing such program,
    the Secretary shall--
    ---------------------------------------------------------------------------
        \5\ 50 U.S.C. 2343.
    ---------------------------------------------------------------------------
              (1) identify the sites and radiological materials to
            be covered by such program;
              (2) carry out a risk assessment of such radiological
            materials; and
              (3) identify and establish the costs of and schedules
            for such program.
        (b) Revised Focus for Materials Protection, Control, and
    Accounting Program of Russian Federation.--(1) The Secretary of
    Energy shall work cooperatively with the Russian Federation to
    develop, as soon as practicable but not later than January 1,
    2013, a sustainable nuclear materials protection, control, and
    accounting system for the nuclear materials of the Russian
    Federation that is supported solely by the Russian Federation.
        (2) The Secretary shall work with the Russian Federation to
    identify various alternatives to provide the United States
    adequate transparency in the nuclear materials protection,
    control, and accounting program of the Russian Federation to
    assure that such program is meeting applicable goals for
    nuclear materials protection, control, and accounting.
        (c) Amount for Activities.--Of the amount authorized to be
    appropriated by section 3101(a)(2) for the Department of Energy
    for the National Nuclear Security Administration for defense
    nuclear nonproliferation, up to $5,000,000 may be available for
    carrying out this section.
              * * * * * * *

    SEC. 3158.\6\ STRENGTHENED INTERNATIONAL SECURITY FOR NUCLEAR MATERIALS
                        AND SECURITY OF NUCLEAR OPERATIONS.

        (a) Report on Options for International Program To
    Strengthen Security.--(1) Not later than 270 days after the
    date of the enactment of this Act, the Secretary of Energy
    shall submit to Congress a report on options for an
    international program to develop strengthened security for
    nuclear reactors and associated materials outside the United
    States.
    ---------------------------------------------------------------------------
        \6\ 50 U.S.C. 2344.
    ---------------------------------------------------------------------------
        (2) In evaluating options for purposes of the report, the
    Secretary shall consult with the Nuclear Regulatory Commission
    and the International Atomic Energy Agency on the feasibility
    and advisability of actions to reduce the risks associated with
    terrorist attacks on nuclear reactors outside the United
    States.
        (b) Joint Programs With Russia on Proliferation-Resistant
    Nuclear Energy Technologies.--(1) The Secretary shall pursue
    with the Ministry of Atomic Energy of the Russian Federation
    joint programs between the United States and the Russian
    Federation on the development of proliferation-resistant
    nuclear energy technologies, including advanced fuel cycles.
        (2) Of the amount authorized to be appropriated by section
    3101(a)(2) for the Department of Energy for the National
    Nuclear Security Administration for defense nuclear
    nonproliferation, up to $10,000,000 may be available for
    carrying out the joint programs referred to in paragraph (1).
        (c) Assistance Regarding Hostile Insiders.--The Secretary
    may, utilizing appropriate expertise of the Department of
    Energy and the Nuclear Regulatory Commission, provide technical
    assistance to nuclear reactor facilities outside the United
    States with respect to the interdiction of hostile insiders at
    such facilities in order to prevent incidents arising from the
    disablement of the vital systems of such facilities.

    SEC. 3159.\7\ EXPORT CONTROL PROGRAMS.

        (a) Authority To Pursue Options for Strengthening Export
    Control Programs.--The Secretary of Energy, in coordination
    with the Secretary of State, may pursue in the region of the
    former Soviet Union and other regions of concern options for
    accelerating programs that assist the countries in such regions
    in improving their domestic export control programs for
    materials, technologies, and expertise relevant to the
    construction or use of a nuclear or radiological dispersal
    device.
    ---------------------------------------------------------------------------
        \7\ 50 U.S.C. 2345.
    ---------------------------------------------------------------------------
        (b) Amount for Activities.--Of the amount authorized to be
    appropriated by section 3101(a)(2) for the Department of Energy
    for the National Nuclear Security Administration for defense
    nuclear nonproliferation, up to $5,000,000 may be available for
    carrying out this section.

    SEC. 3160.\8\ PLAN FOR ACCELERATED RETURN OF WEAPONS-USABLE NUCLEAR
                        MATERIALS.

        (a) Plan for Accelerated Return.--The Secretary of Energy
    shall work with the Russian Federation to develop a plan to
    accelerate the return to Russia of all weapons-usable nuclear
    materials located in research reactors and other facilities
    outside Russia that were supplied by the former Soviet Union.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 5952 note.
    ---------------------------------------------------------------------------
        (b) Funding and Schedules.--As part of the plan under
    subsection (a), the Secretary shall identify the funding and
    schedules required to assist the research reactors and
    facilities referred to in that subsection in--
              (1) transferring highly enriched uranium to Russia;
            and
              (2) upgrading the materials protection, control, and
            accounting procedures at such research reactors and
            facilities until the weapons-usable nuclear materials
            in such reactors and facilities are returned in
            accordance with that subsection.
        (c) Coordination.--The provision of assistance under
    subsection (b) shall be closely coordinated with the
    International Atomic Energy Agency.
              * * * * * * *
           e. National Defense Authorization Act for Fiscal Year 2002

    Partial text of Public Law 107-107 [S. 1438], 115 Stat. 1012, approved
    December 28, 2001; as amended by Public Law 107-314 [Bob Stump National
     Defense Authorization Act for Fiscal Year 2003; H.R. 4546], 116 Stat.
                        2458, approved December 2, 2002

     AN ACT To authorize appropriations for fiscal year 2002 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 2002''.
              * * * * * * *

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                  TITLE XII--MATTERS RELATING TO OTHER NATIONS

              * * * * * * *

           Subtitle A--Matters Related to Arms Control and Monitoring

    SEC. 1201. CLARIFICATION OF AUTHORITY TO FURNISH NUCLEAR TEST
                        MONITORING EQUIPMENT TO FOREIGN GOVERNMENTS.

        (a) * * * \1\
    ---------------------------------------------------------------------------
        \1\ This section redesignated the second 10 U.S.C. 2555 added by
    sec. 1203(a) of the Appendix to the Floyd D. Spence National Defense
    Authorization Act for Fiscal Year 2001 (H.R. 5408, as enacted into law
    by Public Law 106-398; 114 Stat. 1654A-324) as 10 U.S.C. 2565, and
    amended the section in several places. See Legislation on Foreign
    Relations Through 2005, vol. I-B, for the full text of the redesignated
    sec. 2565 as amended.
    ---------------------------------------------------------------------------

    SEC. 1202. LIMITATION ON FUNDING FOR JOINT DATA EXCHANGE CENTER IN
                        MOSCOW.

        (a) Limitation.--Not more than 50 percent of the funds made
    available to the Department of Defense for fiscal year 2002 for
    activities associated with the Joint Data Exchange Center in
    Moscow, Russia, may be obligated for any such activity until--
              (1) the United States and the Russian Federation
            enter into a cost-sharing agreement as described in
            subsection (d) of section 1231 of the Floyd D. Spence
            National Defense Authorization Act for Fiscal Year
            2001, as enacted into law by Public Law 106-398 (114
            Stat. 1654A-329);
              (2) the United States and the Russian Federation
            enter into an agreement or agreements exempting the
            United States and any United States person from Russian
            taxes, and from liability under Russian laws, with
            respect to activities associated with the Joint Data
            Exchange Center;
              (3) the Secretary of Defense submits to the Committee
            on Armed Services of the Senate and the Committee on
            Armed Services of the House of Representatives a copy
            of each agreement referred to in paragraphs (1) and
            (2); and
              (4) a period of 30 days has expired after the date of
            the final submission under paragraph (3).
        (b) Joint Data Exchange Center.--For purposes of this
    section, the term ``Joint Data Exchange Center'' means the
    United States-Russian Federation joint center for the exchange
    of data to provide early warning of launches of ballistic
    missiles and for notification of such launches that is provided
    for in a joint United States-Russian Federation memorandum of
    agreement signed in Moscow in June 2000.

    SEC. 1203. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND
                        MONITOR IRAQI WEAPONS ACTIVITIES.

        (a) Limitation on Amount of Assistance in Fiscal Year
    2002.--The total amount of the assistance for fiscal year 2002
    that is provided by the Secretary of Defense under section 1505
    of the Weapons of Mass Destruction Control Act of 1992 (22
    U.S.C. 5859a) as activities of the Department of Defense in
    support of activities under that Act may not exceed
    $15,000,000.
        (b) Extension of Authority To Provide Assistance.--
    Subsection (f) of section 1505 of the Weapons of Mass
    Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended by
    striking ``2001'' and inserting ``2002''.

    SEC. 1204. AUTHORITY FOR EMPLOYEES OF FEDERAL GOVERNMENT CONTRACTORS TO
                        ACCOMPANY CHEMICAL WEAPONS INSPECTION TEAMS AT
                        GOVERNMENT-OWNED FACILITIES.

        (a) Authority.--Section 303(b)(2) of the Chemical Weapons
    Convention Implementation Act of 1998 (22 U.S.C. 6723(b)(2)) is
    amended by inserting after ``designation of employees of the
    Federal Government'' the following: ``(and, in the case of an
    inspection of a United States Government facility, the
    designation of contractor personnel who shall be led by an
    employee of the Federal Government)''.
        (b) Credentials.--Section 304(c) of such Act (22 U.S.C.
    6724(c)) is amended by striking ``Federal government'' and
    inserting ``Federal Government (and, in the case of an
    inspection of a United States Government facility, any
    accompanying contractor personnel)''.

    SEC. 1205. PLAN FOR SECURING NUCLEAR WEAPONS, MATERIAL, AND EXPERTISE
                        OF THE STATES OF THE FORMER SOVIET UNION.

        (a) Plan Required.--Not later than June 15, 2002, the
    President shall submit to Congress a plan, that has been
    developed in coordination with all relevant Federal agencies--
              (1) for cooperating with Russia on disposing, as soon
            as practicable, of nuclear weapons and weapons-usable
            nuclear material in Russia that Russia does not retain
            in its nuclear arsenals;
              (2) for assisting Russia in downsizing its nuclear
            weapons research and production complex;
              (3) for cooperating with the other states of the
            former Soviet Union on disposing, as soon as
            practicable, of all nuclear weapons and weapons-usable
            nuclear material in such states; and
              (4) for preventing the outflow from the states of the
            former Soviet Union of scientific expertise that could
            be used for developing nuclear weapons, other weapons
            of mass destruction, and delivery systems for such
            weapons.
        (b) Content of Plan.--The plan required by subsection (a)
    shall include the following:
              (1) Specific goals and measurable objectives for
            programs that are designed to carry out the objectives
            described in subsection (a).
              (2) Criteria for success for such programs, and a
            strategy for eventual termination of United States
            contributions to such programs and assumption of the
            ongoing support of those programs by others.
              (3) A description of any administrative and
            organizational changes necessary to improve the
            coordination and effectiveness of such programs. In
            particular, the plan shall include consideration of the
            creation of an interagency committee that wouldhave
            primary responsibilities within the executive branch
            for--
                      (A) monitoring United States nonproliferation
                    efforts in the states of the former Soviet
                    Union;
                      (B) coordinating the implementation of United
                    States policy with respect to such efforts; and
                      (C) recommending to the President integrated
                    policies, budget options, and private sector
                    and international contributions for such
                    programs.
              (4) An estimate of the cost of carrying out such
            programs.
        (c) Consultation.--In developing the plan required by
    subsection (a), the President--
              (1) is encouraged to consult with the relevant states
            of the former Soviet Union regarding the practicality
            of various options; and
              (2) shall consult with the majority and minority
            leadership of the appropriate committees of Congress.
        (d) \2\ Annual Report on Implementation of Plan.--(1) Not
    later than January 31, 2003, and each year thereafter, the
    President shall submit to Congress a report on the
    implementation of the plan required by subsection (a) during
    the preceding year.
    ---------------------------------------------------------------------------
        \2\ Sec. 1205 of the Bob Stump National Defense Authorization Act
    for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2664) added subsec.
    (d).
    ---------------------------------------------------------------------------
        (2) Each report under paragraph (1) shall include--
              (A) a discussion of progress made during the year
            covered by such report in the matters of the plan
            required by subsection (a);
              (B) a discussion of consultations with foreign
            nations, and in particular the Russian Federation,
            during such year on joint programs to implement the
            plan;
              (C) a discussion of cooperation, coordination, and
            integration during such year in the implementation of
            the plan among the various departments and agencies of
            the United States Government, as well as private
            entities that share objectives similar to the
            objectives of the plan; and
              (D) any recommendations that the President considers
            appropriate regarding modifications to law or
            regulations, or to the administration or organization
            of any Federal department or agency, in order to
            improve the effectiveness of any programscarried out
            during such year in the implementation of the plan.
              * * * * * * *

                              Subtitle C--Reports

    SEC. 1221. REPORT ON SIGNIFICANT SALES AND TRANSFERS OF MILITARY
                        HARDWARE, EXPERTISE, AND TECHNOLOGY TO THE PEOPLE'S
                        REPUBLIC OF CHINA.

        Section 1202 of the National Defense Authorization Act for
    Fiscal Year 2000 (Public Law 106-65; 113 Stat. 781; 10 U.S.C.
    113 note) \3\ is amended by adding at the end the following new
    subsection:
    ---------------------------------------------------------------------------
        \3\ Sec. 1202 of Public Law 106-65 concerns an annual report on the
    military power of the People's Republic of China.
    ---------------------------------------------------------------------------
        ``(d) Report on Significant Sales and Transfers to China.--
    (1) The report to be submitted under this section not later
    than March 1, 2002, shall include in a separate section a
    report describing any significant sale or transfer of military
    hardware, expertise, and technology to the People's Republic of
    China. The report shall set forth the history of such sales and
    transfers since 1995, forecast possible future sales and
    transfers, and address the implications of those sales and
    transfers for the security of the United States and its friends
    and allies in Asia.
        ``(2) The report shall include analysis and forecasts of
    the following matters related to military cooperation between
    selling states and the People's Republic of China:
              ``(A) The extent in each selling state of government
            knowledge, cooperation, or condoning of sales or
            transfers of military hardware, expertise, or
            technology to the People's Republic of China.
              ``(B) An itemization of significant sales and
            transfers of military hardware, expertise, or
            technology from each selling state to the People's
            Republic of China that have taken place since 1995,
            with a particular focus on command, control,
            communications, and intelligence systems.
              ``(C) Significant assistance by any selling state to
            key research and development programs of China,
            including programs for development of weapons of mass
            destruction and delivery vehicles for such weapons,
            programs for development of advanced conventional
            weapons, and programs for development of unconventional
            weapons.
              ``(D) The extent to which arms sales by any selling
            state to the People's Republic of China are a source of
            funds for military research and development or
            procurement programs in the selling state.
        ``(3) The report under paragraph (1) shall include, with
    respect to each area of analysis and forecasts specified in
    paragraph (2)--
              ``(A) an assessment of the military effects of such
            sales or transfers to entities in the People's Republic
            of China;
              ``(B) an assessment of the ability of the People's
            Liberation Army to assimilate such sales or transfers,
            mass produce new equipment, or develop doctrine for
            use; and
              ``(C) the potential threat of developments related to
            such effects on the security interests of the United
            States and its friends and allies in Asia.''.
              * * * * * * *

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *

             Subtitle A--National Security Programs Authorizations

    SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

        Funds are hereby authorized to be appropriated to the
    Department of Energy for fiscal year 2002 for the activities of
    the National Nuclear Security Administration in carrying out
    programs necessary for national security in the amount of
    $7,121,094,000, to be allocated as follows:
              (1) * * *
              (2) Defense nuclear nonproliferation.--For defense
            nuclear nonproliferation activities, $776,886,000, to
            be allocated as follows:
                      (A) * * *
                      (B) For arms control and Russian transition
                    initiatives, $117,741,000.
                      (C) For international materials protection,
                    control, and accounting, $143,800,000.
                      (D) For highly enriched uranium transparency
                    implementation, $13,950,000.
                      (E) For international nuclear safety,
                    $10,000,000.
                      (F) For fissile materials control and
                    disposition, $289,089,000, to be allocated as
                    follows:
                              (i) * * *
                              (ii) For Russian surplus fissile
                            materials disposition, $61,000,000.
                      (G) * * *
              (3) * * *
              (4) * * *
              * * * * * * *

       Subtitle C--Program Authorizations, Restrictions, and Limitations

    SEC. 3131. CONSOLIDATION OF NUCLEAR CITIES INITIATIVE PROGRAM WITH
                        INITIATIVES FOR PROLIFERATION PREVENTION PROGRAM.

        The Administrator for Nuclear Security shall consolidate
    the Nuclear Cities Initiative program with the Initiatives for
    Proliferation Prevention program under a single management
    line.

    SEC. 3132. NUCLEAR CITIES INITIATIVE.

        (a) Limitations on Use of Funds.--No funds authorized to be
    appropriated for the Nuclear Cities Initiative after fiscal
    year 2001 may be obligated or expended with respect to more
    than three nuclear cities, or more than two serial production
    facilities in Russia, until 30 days after the Administrator for
    Nuclear Security submits to the appropriate congressional
    committees an agreement signed by the Russian Federation on
    access under the Nuclear Cities Initiative to the ten closed
    nuclear cities and four serial production facilities of the
    Nuclear Cities Initiative.
        (b) Annual Report.--(1) Not later than the first Monday in
    February each year, the Administrator shall submit to the
    appropriate congressional committees a report on financial and
    programmatic activities with respect to the Nuclear Cities
    Initiative during the preceding fiscal year.
        (2) Each report shall include, for the fiscal year covered
    by such report, the following:
              (A) A list of each project that is or was completed,
            ongoing, or planned under the Nuclear Cities Initiative
            during such fiscal year.
              (B) For each project listed under subparagraph (A),
            information, current as of the end of such fiscal year,
            on the following:
                      (i) The purpose of such project.
                      (ii) The budget for such project.
                      (iii) The life-cycle costs of such project.
                      (iv) Participants in such project.
                      (v) The commercial viability of such project.
                      (vi) The number of jobs in Russia created or
                    to be created by or through such project.
                      (vii) Of the total amount of funds spent on
                    such project, the percentage of such amount
                    spent in the United States and the percentage
                    of such amount spent overseas.
              (C) A certification by the Administrator that each
            project listed under subparagraph (A) did contribute,
            is contributing, or will contribute, as the case may
            be, to the downsizing of the nuclear weapons complex in
            Russia, together with a description of the evidence
            utilized to make such certification.
        (c) Definitions.--In this section:
              (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means the
            Committee on Armed Services of the Senate and the
            Committee on Armed Services of the House of
            Representatives.
              (2) Nuclear cities initiative.--The term ``Nuclear
            Cities Initiative'' means the initiative arising
            pursuant to the March 1998 discussion between the Vice
            President of the United States and the Prime Minister
            of the Russian Federation and between the Secretary of
            Energy of the United States and the Minister of Atomic
            Energy of the Russian Federation.\4\
    ---------------------------------------------------------------------------
        \4\ The United States and the Russian Federation entered into the
    formal agreement on the Nuclear Cities Initiative on September 22,
    1998, and the agreement entered into force the same day.
    ---------------------------------------------------------------------------
              (3) Nuclear city.--The term ``nuclear city'' means
            any of the nuclear cities within the complex of the
            Russia Ministry of Atomic Energy (MINATOM) as follows:
                      (A) Sarov (Arzamas-16 and Avangard).
                      (B) Zarechnyy (Penza-19).
                      (C) Novoural'sk (Sverdlovsk-44).
                      (D) Lesnoy (Sverdlovsk-45).
                      (E) Ozersk (Chelyabinsk-65).
                      (F) Snezhinsk (Chelyabinsk-70).
                      (G) Trechgornyy (Zlatoust-36).
                      (H) Seversk (Tomsk-7).
                      (I) Zhelenznogorsk (Krasnoyarsk-26).
                      (J) Zelenogorsk (Krasnoyarsk-45).
     f. Floyd D. Spence National Defense Authorization Act for Fiscal Year
                                      2001

     Partial text of Public Law 106-398 [H.R. 4205, in which H.R. 5408 is
       enacted by reference], 114 Stat. 1654, approved October 30, 2000;
     amended by Public Law 107-107 [National Defense Authorization Act for
    Fiscal Year 2002; S. 1438], 115 Stat. 1245, approved December 28, 2001;
     and Public Law 107-314 [Bob Stump National Defense Authorization Act
    for Fiscal Year 2003; H.R. 4546), 116 Stat. 2458, approved December 2,
                                      2002

     A BILL To authorize appropriations for fiscal year 2001 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,

    SECTION 1. SHORT TITLE; FINDINGS.

        (a) Short Title.--This Act may be cited as the ``Floyd D.
    Spence National Defense Authorization Act for Fiscal Year
    2001''.
        (b) * * *
              * * * * * * *

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                  TITLE XII--MATTERS RELATING TO OTHER NATIONS

              * * * * * * *

                  Subtitle A--Matters Related to Arms Control

    SEC. 1201. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND
                        MONITOR IRAQI WEAPONS ACTIVITIES.

        (a) Limitation on Amount of Assistance in Fiscal Year
    2001--The total amount of the assistance for fiscal year 2001
    that is provided by the Secretary of Defense under section 1505
    of the Weapons of Mass Destruction Control Act of 1992 (22
    U.S.C. 5859a) as activities of the Department of Defense in
    support of activities under that Act may not exceed
    $15,000,000.
        (b) Extension of Authority To Provide Assistance.--
    Subsection (f) of section 1505 of the Weapons of Mass
    Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended by
    striking ``2000'' and inserting ``2001''.

    SEC. 1202. SUPPORT OF CONSULTATIONS ON ARAB AND ISRAELI ARMS CONTROL
                        AND REGIONAL SECURITY ISSUES.

        Of the amount authorized to be appropriated by section
    301(5), up to $1,000,000 is available for the support of
    programs to promote formal and informal region-wide
    consultations among Arab, Israeli, and United States officials
    and experts on arms control and security issues concerning the
    Middle East region.

    SEC. 1203. FURNISHING OF NUCLEAR TEST MONITORING EQUIPMENT TO FOREIGN
                        GOVERNMENTS.

        (a) In General.--Chapter 152 of title 10, United States
    Code, is amended * * * \1\
    ---------------------------------------------------------------------------
        \1\ Sec. 1203(a) added a new sec. 2555 to 10 U.S.C., resulting in
    two sections designated as sec. 2555. Sec. 1201(a)(1) of the National
    Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
    Stat. 1245) redesignated the second sec. 2555 added here as 10 U.S.C.
    2565, and amended the section in several places. See Legislation on
    Foreign Relations Through 2005, vol. I-B, for the full text of the
    redesignated sec. 2565 as amended.
    ---------------------------------------------------------------------------
        (b) Clerical Amendment.--The table of sections at the
    beginning of such chapter is amended by adding at the end the
    following new item: * * *

    SEC. 1204. ADDITIONAL MATTERS FOR ANNUAL REPORT ON TRANSFERS OF
                        MILITARILY SENSITIVE TECHNOLOGY TO COUNTRIES AND
                        ENTITIES OF CONCERN.

        Section 1402(b) of the National Defense Authorization Act
    for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 798) is
    amended * * *
              * * * * * * *

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *

        Subtitle F--Matters Relating to Defense Nuclear Nonproliferation

    SEC. 3171. ANNUAL REPORT ON STATUS OF NUCLEAR MATERIALS PROTECTION,
                        CONTROL, AND ACCOUNTING PROGRAM.

        (a) Report Required.--Not later than January 1 of each
    year, the Secretary of Energy shall submit to the Committee on
    Armed Services of the Senate and the Committee on Armed
    Services of the House of Representatives a report on the status
    of efforts during the preceding fiscal year under the Nuclear
    Materials Protection, Control, and Accounting Program of the
    Department of Energy to secure weapons-usable nuclear materials
    in countries where such materials \2\ have been identified as
    being at risk for theft or diversion.
    ---------------------------------------------------------------------------
        \2\ Sec. 3153(a) of the Bob Stump National Defense Authorization
    Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2738) struck
    out ``Russia that'' and inserted in lieu thereof ``countries where such
    materials''.
    ---------------------------------------------------------------------------
        (b) Contents.--Each report under subsection (a) shall
    include the following:
              (1) The number of buildings, including building
            locations in each country covered by subsection (a),\3\
            that received complete and integrated materials
            protection, control, and accounting systems for nuclear
            materials described in subsection (a) during the year
            covered by such report.
    ---------------------------------------------------------------------------
        \3\ Sec. 3153(b)(1) of the Bob Stump National Defense Authorization
    Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2738) added
    ``in each country covered by subsection (a)'' in para. (1). Sec.
    3153(b)(2) of that Act struck out ``in Russia'' in para. (2) and
    inserted in lieu thereof ``in each such country''. Sec. 3153(b)(3)
    added ``in each such country'' in para. (3). Sec. 3153(b)(4) struck out
    ``by total amount and by amount per fiscal year'' and inserted in lieu
    thereof ``by total amount per country and by amount per fiscal year per
    country'' in para. (5).
    ---------------------------------------------------------------------------
              (2) The amounts of highly enriched uranium and
            plutonium in each such country \3\ that have been
            secured under systems described in paragraph (1) as of
            the date of such report.
              (3) The amount of nuclear materials described in
            subsection (a) in each such country \3\ that continues
            to require securing under systems described in
            paragraph (1) as of the date of such report.
              (4) A plan for actions to secure the nuclear
            materials identified in paragraph (3) under systems
            described in paragraph (1), including an estimate of
            the cost of such actions.
              (5) The amounts expended through the fiscal year
            preceding the date of such report to secure nuclear
            materials described in subsection (a) under systems
            described in paragraph (1), set forth by total amount
            per country and by amount per fiscal year per
            country.\3\
        (c) Limitation on Use of Certain Funds.--(1) No amounts
    authorized to be appropriated for the Department of Energy by
    this Act or any other Act for purposes of the Nuclear Materials
    Protection, Control, and Accounting Program may be obligated or
    expended after September 30, 2000, for any project under the
    program at a site controlled by the Russian Ministry of Atomic
    Energy (MINATOM) in Russia until the Secretary submits to the
    Committee on Armed Services of the Senate and the Committee on
    Armed Services of the House of Representatives a report on the
    access policy established with respect to such project,
    including a certification that the access policy has been
    implemented.
        (2) The access policy with respect to a project under this
    subsection shall--
              (A) permit appropriate determinations by United
            States officials regarding security requirements,
            including security upgrades, for the project; and
              (B) ensure verification by United States officials
            that Department of Energy assistance at the project is
            being used for the purposes intended.

    SEC. 3172. NUCLEAR CITIES INITIATIVE.

        (a) In General.--(1) The Secretary of Energy may, in
    accordance with the provisions of this section, expand and
    enhance the activities of the Department of Energy under the
    Nuclear Cities Initiative.
        (2) In this section, the term ``Nuclear Cities Initiative''
    means the initiative arising pursuant to the joint statement
    dated July 24, 1998, signed by the Vice President of the United
    States and the Prime Minister of the Russian Federation and the
    agreement dated September 22, 1998, between the United States
    and the Russian Federation.
        (b) Funding for Fiscal Year 2001.--There is hereby
    authorized to be appropriated for the Department of Energy for
    fiscal year 2001 $30,000,000 for purposes of the Nuclear Cities
    Initiative.
        (c) Limitation Pending Submission of Agreement.--No amount
    authorized to be appropriated or otherwise made available for
    the Department of Energy for fiscal year 2001 for the Nuclear
    Cities Initiative may be obligated or expended to provide
    assistance under the Initiative for more than three nuclear
    cities in Russia and two serial production facilities in Russia
    until 30 days after the date on which the Secretary of Energy
    submits to the Committee on Armed Services of the Senate and
    the Committee on Armed Services of the House of Representatives
    a copy of a written agreement between the United States
    Government and the Government of the Russian Federation which
    provides that Russia will close some of its facilities engaged
    in nuclear weapons assembly and disassembly work.
        (d) Limitation Pending Implementation of Project Review
    Procedures.--(1) Not more than $8,750,000 of the amounts
    referred to in subsection (b) may be obligated or expended for
    purposes of the Initiative until the Secretary of Energy
    establishes and implements project review procedures for
    projects under the Initiative and submits to the Committee on
    Armed Services of the Senate and the Committee on Armed
    Services of the House of Representatives a report on the
    project review procedures so established and implemented.
        (2) The project review procedures established under
    paragraph (1) shall ensure that any scientific, technical, or
    commercial project initiated under the Initiative--
              (A) will not enhance the military or weapons of mass
            destruction capabilities of Russia;
              (B) will not result in the inadvertent transfer or
            utilization of products or activities under such
            project for military purposes;
              (C) will be commercially viable; and
              (D) will be carried out in conjunction with an
            appropriate commercial, industrial, or nonprofit entity
            as partner.
        (e) Limitation Pending Certification and Report.--No amount
    in excess of $17,500,000 authorized to be appropriated for the
    Department of Energy for fiscal year 2001 for the Nuclear
    Cities Initiative may be obligated or expended for purposes of
    providing assistance under the Initiative until 30 days after
    the date on which the Secretary of Energy submits to the
    Committee on Armed Services of the Senate and the Committee on
    Armed Services of the House of Representatives the following:
              (1) A copy of the written agreement between the
            United States and the Russian Federation which provides
            that Russia will close some of its facilities engaged
            in nuclear weapons assembly and disassembly work within
            five years of the date of the agreement in exchange for
            receiving assistance through the Initiative.
              (2) A certification by the Secretary--
                      (A) that project review procedures for all
                    projects under the Initiative have been
                    established and are being implemented; and
                      (B) that those procedures will ensure that
                    any scientific, technical, or commercial
                    project initiated under the Initiative--
                              (i) will not enhance the military or
                            weapons of mass destruction
                            capabilities of Russia;
                              (ii) will not result in the
                            inadvertent transfer or utilization of
                            products or activities under such
                            project for military purposes;
                              (iii) will be commercially viable
                            within three years after the date of
                            the initiation of the project; and
                              (iv) will be carried out in
                            conjunction with an appropriate
                            commercial, industrial, or other
                            nonprofit entity as partner.
              (3) A report setting forth the following:
                      (A) A description of the project review
                    procedures process.
                      (B) A list of the projects under the
                    Initiative that have been reviewed under such
                    project review procedures.
                      (C) A description for each project listed
                    under subparagraph (B) of the purpose, expected
                    life-cycle costs, outyear budget costs,
                    participants, commercial viability, expected
                    time for income generation, and number of
                    Russian jobs created.
        (f) Plan for Restructuring the Russian Nuclear Complex.--
    (1) The President, acting through the Secretary of Energy, is
    urged to enter into discussions with the Russian Federation for
    purposes of the development by the Russian Federation of a plan
    to restructure the Russian nuclear complex in order to meet
    changes in the national security requirements of Russia by
    2010.
        (2) The plan under paragraph (1) should include the
    following:
              (A) Mechanisms to consolidate the nuclear weapons
            production capacity in Russia to a capacity that is
            consistent with the obligations of Russia under current
            and future arms control agreements.
              (B) Mechanisms to increase transparency regarding the
            restructuring of the Russian nuclear complex and
            weapons-surplus nuclear materials inventories in Russia
            to the levels of transparency for such matters in the
            United States, including the participation of
            Department of Energy officials with expertise in
            transparency of such matters.
              (C) Measurable milestones that will permit the United
            States and the Russian Federation to monitor progress
            under the plan.
        (g) Encouragement of Careers in Nonproliferation.--(1) In
    carrying out actions under this section, the Secretary of
    Energy may carry out a program to encourage students in the
    United States and in the Russian Federation to pursue careers
    in areas relating to nonproliferation.
        (2) Of the amounts made available under the Initiative for
    fiscal year 2001 in excess of $17,500,000, up to $2,000,000
    shall be available for purposes of the program under paragraph
    (1).
        (3) The Administrator for Nuclear Security shall notify the
    Committee on Armed Services of the Senate and the Committee on
    Armed Services of the House of Representatives before any funds
    are expended pursuant to paragraph (2). Any such notification
    shall include--
              (A) an identification of the amount to be expended
            under paragraph (2) during fiscal year 2001;
              (B) the recipients of the funds; and
              (C) specific information on the activities that will
            be conducted using those funds.
        (h) Definitions.--In this section:
              (1) The term ``nuclear city'' means any of the closed
            nuclear cities within the complex of the Russian
            Ministry of Atomic Energy as follows:
                      (A) Sarov (Arzamas-16).
                      (B) Zarechnyy (Penza-19).
                      (C) Novoural'sk (Sverdlovsk-44).
                      (D) Lesnoy (Sverdlovsk-45).
                      (E) Ozersk (Chelyabinsk-65).
                      (F) Snezhinsk (Chelyabinsk-70).
                      (G) Trechgornyy (Zlatoust-36).
                      (H) Seversk (Tomsk-7).
                      (I) Zheleznogorsk (Krasnoyarsk-26).
                      (J) Zelenogorsk (Krasnoyarsk-45).
              (2) The term ``Russian nuclear complex'' means all of
            the nuclear cities.
              (3) The term ``serial production facilities'' means
            the facilities in Russia that are located at the
            following cities:
                      (A) Avangard.
                      (B) Lesnoy (Sverdlovsk-45).
                      (C) Trechgornyy (Zlatoust-36).
                      (D) Zarechnyy (Penza-19).

    SEC. 3173. DEPARTMENT OF ENERGY NONPROLIFERATION MONITORING.

        (a) Report Required.--Not later than March 1, 2001, the
    Secretary of Energy shall submit to the Committee on Armed
    Services of the Senate and the Committee on Armed Services of
    the House of Representatives a report on the efforts of the
    Department of Energy to ensure adequate oversight and
    accountability of the Department's nonproliferation programs in
    Russia and the potential costs and effects of the use of on-
    the-ground monitoring for the Department's significant
    nonproliferation programs in Russia. The report shall include
    the following:
              (1) A detailed discussion of the current management
            and oversight mechanisms used to ensure that Federal
            funds are expended for the intended purposes of those
            programs and that the projects are achieving their
            intended objectives.
              (2) An evaluation of whether those mechanisms are
            adequate.
              (3) A discussion of whether there is a need for
            additional employees of the Department, or of
            contractors of the Department, to be stationed in
            Russia, or to visit nonproliferation project sites in
            Russia on a regular basis, to monitor the programs
            carried out at those sites, and an estimate of the
            practical considerations and costs of such monitoring.
              (4) An identification of each nonproliferation
            program and each site at which an employee referred to
            in paragraph (3) would be placed to monitor that
            program.
              (5) A description of the costs associated with
            continued on-the-ground monitoring of those programs,
            including the costs associated with placing those
            employees in Russia.
              (6) Recommendations regarding the most cost-effective
            option for the Department to pursue to ensure that
            Federal funds for those programs are expended for the
            intended purposes of those programs.
              (7) Any recommendations of the Secretary for further
            improvements in the oversight and accountability of
            those programs, including any proposed legislation.
        (b) GAO Report.--Not later than April 15, 2001, the
    Comptroller General shall submit to the committees referred to
    in subsection (a) a report setting forth the assessment of the
    Comptroller General concerning the information contained in the
    report required by that subsection.

    SEC. 3174. SENSE OF CONGRESS ON THE NEED FOR COORDINATION OF
                        NONPROLIFERATION PROGRAMS.

        It is the sense of Congress that there should be clear and
    effective coordination among--
              (1) the Nuclear Cities Initiative;
              (2) the Initiatives for Proliferation Prevention
            program;
              (3) the Cooperative Threat Reduction programs;
              (4) the Nuclear Materials Protection, Control, and
            Accounting Program; and
              (5) the International Science and Technology Center
            program.

    SEC. 3175. LIMITATION ON USE OF FUNDS FOR INTERNATIONAL NUCLEAR SAFETY
                        PROGRAM.

        Amounts authorized to be appropriated or otherwise made
    available by this title for the Department of Energy for fiscal
    year 2001 for the International Nuclear Safety Program in the
    former Soviet Union and Eastern Europe shall be available only
    for purposes of reactor safety upgrades and training relating
    to nuclear operator and reactor safety.
              * * * * * * *
           g. National Defense Authorization Act for Fiscal Year 2000

     Partial text of Public Law 106-65 [S. 1059], 113 Stat. 512, approved
      October 5, 1999; as amended by Public Law 106-398 [Floyd D. Spence
      National Defense Authorization Act for Fiscal Year 2001; H.R. 5408,
     enacted by reference in H.R. 4205], 114 Stat. 1654, approved October
     30, 2000; and Public Law 107-107 [National Defense Authorization Act
     for Fiscal Year 2002; S. 1438], 115 Stat. 1012, approved December 28,
                                      2001

     A BILL To authorize appropriations for fiscal year 2000 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 2000''.
              * * * * * * *

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                  TITLE XIV--PROLIFERATION AND EXPORT CONTROLS

              * * * * * * *

    SEC. 1401. ADHERENCE OF PEOPLE'S REPUBLIC OF CHINA TO MISSILE
                        TECHNOLOGY CONTROL REGIME.

        (a) Sense of Congress.--It is the sense of Congress that--
              (1) the President should take all actions appropriate
            to obtain a bilateral agreement with the People's
            Republic of China to adhere to the Missile Technology
            Control Regime (MTCR) and the MTCR Annex; and
              (2) the People's Republic of China should not be
            permitted to join the Missile Technology Control Regime
            as a member without having--
                      (A) agreed to the Missile Technology Control
                    Regime and the specific provisions of the MTCR
                    Annex;
                      (B) demonstrated a sustained and verified
                    record of performance with respect to the
                    nonproliferation of missiles and missile
                    technology; and
                      (C) adopted an effective export control
                    system for implementing guidelines under the
                    Missile Technology Control Regime and the MTCR
                    Annex.
        (b) Report Required.--Not later than January 31, 2000, the
    President shall transmit to Congress a report explaining--
              (1) the policy and commitments that the People's
            Republic of China has stated on its adherence to the
            Missile Technology Control Regime and the MTCR Annex;
              (2) the degree to which the People's Republic of
            China is complying with its stated policy and
            commitments on adhering to the Missile Technology
            Control Regime and the MTCR Annex; and
              (3) actions taken by the United States to encourage
            the People's Republic of China to adhere to the Missile
            Technology Control Regime and the MTCR Annex.
        (c) Definitions.--In this section:
              (1) Missile technology control regime.--The term
            ``Missile Technology Control Regime'' means the policy
            statement, between the United States, the United
            Kingdom, the Federal Republic of Germany, France,
            Italy, Canada, and Japan, announced April 16, 1987, to
            restrict sensitive missile-relevant transfers based on
            the MTCR Annex, and any amendments thereto.
              (2) MTCR annex.--The term ``MTCR Annex'' means the
            Guidelines and Equipment and Technology Annex of the
            Missile Technology Control Regime, and any amendments
            thereto.

    SEC. 1402. ANNUAL REPORT ON TRANSFERS OF MILITARILY SENSITIVE
                        TECHNOLOGY TO COUNTRIES AND ENTITIES OF CONCERN.

        (a) Annual Report.--Not later than March 30 of each year
    beginning in the year 2000 and ending in the year 2007, the
    President shall transmit to Congress a report on transfers to
    countries and entities of concern during the preceding calendar
    year of the most significant categories of United States
    technologies and technical information with potential military
    applications.
        (b) Contents of Report.--The report required by subsection
    (a) shall include, at a minimum, the following:
              (1) An assessment by the Director of Central
            Intelligence of efforts by countries and entities of
            concern to acquire technologies and technical
            information referred to in subsection (a) during the
            preceding calendar year.
              (2) An assessment by the Secretary of Defense, in
            consultation with the Joint Chiefs of Staff and the
            Director of Central Intelligence, of the cumulative
            impact of licenses granted by the United States for
            exports of technologies and technical information
            referred to in subsection (a) to countries and entities
            of concern during the preceding 5-calendar year period
            on--
                      (A) the military capabilities of such
                    countries and entities; and
                      (B) countermeasures that may be necessary to
                    overcome the use of such technologies and
                    technical information.
              (3) An audit by the Inspectors General of the
            Departments of Defense, State, Commerce, and Energy, in
            consultation with the Director of Central Intelligence
            and the Director of the Federal Bureau of
            Investigation, of the policies and procedures of the
            United States Government with respect to the export of
            technologies and technical information referred to in
            subsection (a) to countries and entities of concern.
              (4) \1\ The status of the implementation or other
            disposition of recommendations included in reports of
            audits by Inspectors General that have been set forth
            in a previous annual report under this section pursuant
            to paragraph (3).
    ---------------------------------------------------------------------------
        \1\ Sec. 1204 of the Appendix of Floyd D. Spence National Defense
    Authorization Act for Fiscal Year 2001 (H.R. 5408, as enacted by Public
    Law 106-398; 114 Stat. 1654A-325) added para. (4).
    ---------------------------------------------------------------------------
        (c) Additional Requirement for First Report.--The first
    annual report required by subsection (a) shall include an
    assessment by the Inspectors General of the Departments of
    State, Defense, Commerce, and the Treasury and the Inspector
    General of the Central Intelligence Agency of the adequacy of
    current export controls and counterintelligence measures to
    protect against the acquisition by countries and entities of
    concern of United States technology and technical information
    referred to in subsection (a).
        (d) Support of Other Agencies.--Upon the request of the
    officials responsible for preparing the assessments required by
    subsection (b), the heads of other departments and agencies
    shall make available to those officials all information
    necessary to carry out the requirements of this section.
        (e) Classified and Unclassified Reports.--Each report
    required by this section shall be submitted in classified form
    and unclassified form.
        (f) Definition.--As used in this section, the term
    ``countries and entities of concern'' means--
              (1) any country the government of which the Secretary
            of State has determined, for purposes of section 6(j)
            of the Export Administration Act of 1979 or other
            applicable law, to have repeatedly provided support for
            acts of international terrorism;
              (2) any country that--
                      (A) has detonated a nuclear explosive device
                    (as defined in section 830(4) of the Nuclear
                    Proliferation Prevention Act of 1994 (22 U.S.C.
                    6305(4)); \2\ and
    ---------------------------------------------------------------------------
        \2\ Sec. 1048(g)(7) of the National Defense Authorization Act for
    Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1228) struck out ``3201
    note'' and inserted in lieu thereof ``6305(4)''.
    ---------------------------------------------------------------------------
                      (B) is not a member of the North Atlantic
                    Treaty Organization; and
              (3) any entity that--
                      (A) is engaged in international terrorism or
                    activities in preparation thereof; or
                      (B) is directed or controlled by the
                    government of a country described in paragraph
                    (1) or (2).

    SEC. 1403. RESOURCES FOR EXPORT LICENSE FUNCTIONS.

        (a) Office of Defense Trade Controls.--
              (1) In general.--The Secretary of State shall take
            the necessary steps to ensure that, in any fiscal year,
            adequate resources are allocated to the functions of
            the Office of Defense Trade Controls of the Department
            of State relating to the review and processing of
            export license applications so as to ensure that those
            functions are performed in a thorough and timely
            manner.
              (2) Availability of existing appropriations.--The
            Secretary of State shall take the necessary steps to
            ensure that those funds made available under the
            heading ``Administration of Foreign Affairs, Diplomatic
            and Consular Programs'' in title IV of the Departments
            of Commerce, Justice, and State, the Judiciary, and
            Related Agencies Appropriations Act, 1999, as contained
            in the Omnibus Consolidated and Emergency Supplemental
            Appropriations Act, 1999 (Public Law 105-277) are made
            available, upon the enactment of this Act, to the
            Office of Defense Trade Controls of the Department of
            State to carry out the purposes of the Office.
        (b) Defense Threat Reduction Agency.--The Secretary of
    Defense shall take the necessary steps to ensure that, in any
    fiscal year, adequate resources are allocated to the functions
    of the Defense Threat Reduction Agency of the Department of
    Defense relating to the review of export license applications
    so as to ensure that those functions are performed in a
    thorough and timely manner.
        (c) Updating of State Department Report.--Not later than
    March 1, 2000, the Secretary of State, in consultation with the
    Secretary of Defense and the Secretary of Commerce, shall
    transmit to Congress a report updating the information reported
    to Congress under section 1513(d)(3) of the Strom Thurmond
    National Defense Authorization Act for Fiscal Year 1999 (22
    U.S.C. 2778 note).

    SEC. 1404. SECURITY IN CONNECTION WITH SATELLITE EXPORT LICENSING.

        As a condition of the export license for any satellite to
    be launched in a country subject to section 1514 of the Strom
    Thurmond National Defense Authorization Act for Fiscal Year
    1999 (22 U.S.C. 2778 note), the Secretary of State shall
    require the following:
              (1) That the technology transfer control plan
            required by section 1514(a)(1) of the Strom Thurmond
            National Defense Authorization Act for Fiscal Year 1999
            (22 U.S.C. 2778 note) be prepared by the Department of
            Defense and the licensee, and that the plan set forth
            enhanced security arrangements for the launch of the
            satellite, both before and during launch operations.
              (2) That each person providing security for the
            launch of that satellite--
                      (A) report directly to the launch monitor
                    with regard to issues relevant to the
                    technology transfer control plan;
                      (B) have received appropriate training in the
                    International Trafficking in Arms Regulations
                    (hereafter in this title referred to as
                    ``ITAR'').
                      (C) have significant experience and expertise
                    with satellite launches; and
                      (D) have been investigated in a manner at
                    least as comprehensive as the investigation
                    required for the issuance of a security
                    clearance at the level designated as
                    ``Secret''.
              (3) That the number of such persons providing
            security for the launch of the satellite shall be
            sufficient to maintain 24-hour security of the
            satellite and related launch vehicle and other
            sensitive technology.
              (4) That the licensee agree to reimburse the
            Department of Defense for all costs associated with the
            provision of security for the launch of the satellite.

    SEC. 1405. REPORTING OF TECHNOLOGY TRANSMITTED TO PEOPLE'S REPUBLIC OF
                        CHINA AND OF FOREIGN LAUNCH SECURITY VIOLATIONS.

        (a) Monitoring of Information.--The Secretary of Defense
    shall require that space launch monitors of the Department of
    Defense assigned to monitor launches in the People's Republic
    of China maintain records of all information authorized to be
    transmitted to the People's Republic of China with regard to
    each space launch that the monitors are responsible for
    monitoring, including copies of any documents authorized for
    such transmission, and reports on launch-related activities.
        (b) Transmission to Other Agencies.--The Secretary of
    Defense shall ensure that records under subsection (a) are
    transmitted on a current basis to appropriate elements of the
    Department of Defense and to the Department of State, the
    Department of Commerce, and the Central Intelligence Agency.
        (c) Retention of Records.--Records described in subsection
    (a) shall be retained for at least the period of the statute of
    limitations for violations of the Arms Export Control Act.
        (d) Guidelines.--The Secretary of Defense shall prescribe
    guidelines providing space launch monitors of the Department of
    Defense with the responsibility and the ability to report
    serious security violations, problems, or other issues at an
    overseas launch site directly to the headquarters office of the
    responsible Department of Defense component.

    SEC. 1406. REPORT ON NATIONAL SECURITY IMPLICATIONS OF EXPORTING HIGH-
                        PERFORMANCE COMPUTERS TO THE PEOPLE'S REPUBLIC OF
                        CHINA.

        (a) Review.--The President, in consultation with the
    Secretary of Defense and the Secretary of Energy, shall conduct
    a comprehensive review of the national security implications of
    exporting high-performance computers to the People's Republic
    of China. To the extent that such testing has not already been
    conducted by the Government, the President, as part of the
    review, shall conduct empirical testing of the extent to which
    national security-related operations can be performed using
    clustered, massively-parallel processing or other combinations
    of computers.
        (b) Report.--The President shall submit to the Committee on
    Armed Services of the Senate and the Committee on Armed
    Services of the House of Representatives a report on the
    results of the review conducted under subsection (a). The
    report shall be submitted not later than 6 months after the
    date of the enactment of this Act in classified and
    unclassified form and shall be updated not later than February
    1 of each of the years 2001 through 2004.

    SEC. 1407. END-USE VERIFICATION FOR USE BY PEOPLE'S REPUBLIC OF CHINA
                        OF HIGH-PERFORMANCE COMPUTERS.

        (a) Revised HPC Verification System.--The President shall
    seek to enter into an agreement with the People's Republic of
    China to revise the existing verification system with the
    People's Republic of China with respect to end-use verification
    for high-performance computers exported or to be exported to
    the People's Republic of China so as to provide for an open and
    transparent system providing for effective end-use verification
    for such computers. The President shall transmit a copy of any
    such agreement to Congress.
        (b) Definition.--As used in this section and section 1406,
    the term ``high-performance computer'' means a computer which,
    by virtue of its composite theoretical performance level, would
    be subject to section 1211 of the National Defense
    Authorization Act for Fiscal Year 1998 (50 U.S.C. App. 2404
    note).
        (c) Adjustment of Composite Theoretical Performance Levels
    for Post-shipment Verification.--Section 1213 of the National
    Defense Authorization Act for Fiscal Year 1998 (50 U.S.C. App.
    2404 note) is amended by adding at the end the following new
    subsection:
        ``(e) Adjustment of Performance Levels.--Whenever a new
    composite theoretical performance level is established under
    section 1211(d), that level shall apply for purposes of
    subsection (a) of this section in lieu of the level set forth
    in subsection (a).''.

    SEC. 1408. ENHANCED MULTILATERAL EXPORT CONTROLS.

        (a) New International Controls.--The President shall seek
    to establish new enhanced international controls on technology
    transfers that threaten international peace and United States
    national security.
        (b) Improved Sharing of Information.--The President shall
    take appropriate actions to improve the sharing of information
    by nations that are major exporters of technology so that the
    United States can track movements of technology covered by the
    Wassenaar Arrangement and enforce technology controls and re-
    export requirements for such technology.
        (c) Definition.--As used in this section, the term
    ``Wassenaar Arrangement'' means the multilateral export control
    regime covering conventional armaments and sensitive dual-use
    goods and technologies that was agreed to by 33 co-founding
    countries in July 1996 and began operation in September 1996.

    SEC. 1409. ENHANCEMENT OF ACTIVITIES OF DEFENSE THREAT REDUCTION
                        AGENCY.

        (a) In General.--Not later than 180 days after the date of
    the enactment of this Act, the Secretary of Defense shall
    prescribe regulations to--
              (1) authorize the personnel of the Defense Threat
            Reduction Agency (DTRA) who monitor satellite launch
            campaigns overseas to suspend such campaigns at any
            time if the suspension is required for purposes of the
            national security of the United States;
              (2) ensure that persons assigned as space launch
            campaign monitors are provided sufficient training and
            have adequate experience in the regulations prescribed
            by the Secretary of State known as the ITAR and have
            significant experience and expertise with satellite
            technology, launch vehicle technology, and launch
            operations technology;
              (3) ensure that adequate numbers of such monitors are
            assigned to space launch campaigns so that 24-hour, 7-
            day per week coverage is provided;
              (4) take steps to ensure, to the maximum extent
            possible, the continuity of service by monitors for the
            entire space launch campaign period (from satellite
            marketing to launch and, if necessary, completion of a
            launch failure analysis);
              (5) adopt measures designed to make service as a
            space launch campaign monitor an attractive career
            opportunity;
              (6) allocate funds and other resources to the Agency
            at levels sufficient to prevent any shortfalls in the
            number of such personnel;
              (7) establish mechanisms in accordance with the
            provisions of section 1514(a)(2)(A) of the Strom
            Thurmond National Defense Authorization Act for Fiscal
            Year 1999 (Public Law 105-261; 112 Stat. 2175; 22
            U.S.C. 2778 note) that provide for--
                      (A) the payment to the Department of Defense
                    by the person or entity receiving the launch
                    monitoring services concerned, before the
                    beginning of a fiscal year, of an amount equal
                    to the amount estimated to be required by the
                    Department to monitor the launch campaigns
                    during that fiscal year;
                      (B) the reimbursement of the Department of
                    Defense, at the end of each fiscal year, for
                    amounts expended by the Department in
                    monitoring the launch campaigns in excess of
                    the amount provided under subparagraph (A); and
                      (C) the reimbursement of the person or entity
                    receiving the launch monitoring services if the
                    amount provided under subparagraph (A) exceeds
                    the amount actually expended by the Department
                    of Defense in monitoring the launch campaigns;
              (8) review and improve guidelines on the scope of
            permissible discussions with foreign persons regarding
            technology and technical information, including the
            technology and technical information that should not be
            included in such discussions;
              (9) provide, in conjunction with other Federal
            agencies, on at least an annual basis, briefings to the
            officers and employees of United States commercial
            satellite entities on United States export license
            standards, guidelines, and restrictions, and encourage
            such officers and employees to participate in such
            briefings;
              (10) establish a system for--
                      (A) the preparation and filing by personnel
                    of the Agency who monitor satellite launch
                    campaigns overseas of detailed reports of all
                    relevant activities observed by such personnel
                    in the course of monitoring such campaigns;
                      (B) the systematic archiving of reports filed
                    under subparagraph (A); and
                      (C) the preservation of such reports in
                    accordance with applicable laws; and
              (11) establish a counterintelligence program within
            the Agency as part of its satellite launch monitoring
            program.
        (b) Annual Report on Implementation of Satellite Technology
    Safeguards.--(1) The Secretary of Defense and the Secretary of
    State shall each submit to Congress each year, as part of the
    annual report for that year under section 1514(a)(8) of the
    Strom Thurmond National Defense Authorization Act for Fiscal
    Year 1999, the following:
              (A) A summary of the satellite launch campaigns and
            related activities monitored by the Defense Threat
            Reduction Agency during the preceding fiscal year.
              (B) A description of any license infractions or
            violations that may have occurred during such campaigns
            and activities.
              (C) A description of the personnel, funds, and other
            resources dedicated to the satellite launch monitoring
            program of the Agency during that fiscal year.
              (D) An assessment of the record of United States
            satellite makers in cooperating with Agency monitors,
            and in complying with United States export control
            laws, during that fiscal year.
        (2) Each report under paragraph (1) shall be submitted in
    classified form and unclassified form.

    SEC. 1410. TIMELY NOTIFICATION OF LICENSING DECISIONS BY THE DEPARTMENT
                        OF STATE.

        Not later than 180 days after the date of the enactment of
    this Act, the Secretary of State shall prescribe regulations to
    provide timely notice to the manufacturer of a commercial
    satellite of United States origin of the final determination of
    the decision on the application for a license involving the
    overseas launch of such satellite.

    SEC. 1411. ENHANCED INTELLIGENCE CONSULTATION ON SATELLITE LICENSE
                        APPLICATIONS.

        (a) Consultation During Review of Applications.--The
    Secretary of State and Secretary of Defense, as appropriate,
    shall consult with the Director of Central Intelligence during
    the review of any application for a license involving the
    overseas launch of a commercial satellite of United States
    origin. The purpose of the consultation is to assure that the
    launch of the satellite, if the license is approved, will meet
    the requirements necessary to protect the national security
    interests of the United States.
        (b) Advisory Group.--(1) The Director of Central
    Intelligence shall establish within the intelligence community
    an advisory group to provide information and analysis to
    Congress, and to appropriate departments and agencies of the
    Federal Government, on the national security implications of
    granting licenses involving the overseas launch of commercial
    satellites of United States origin.
        (2) The advisory group shall include technically-qualified
    representatives of the Central Intelligence Agency, the Defense
    Intelligence Agency, the National Security Agency, the National
    Air Intelligence Center, and the Department of State Bureau of
    Intelligence and Research and representatives of other elements
    of the intelligence community with appropriate expertise.
        (3) In addition to the duties under paragraph (1), the
    advisory group shall--
              (A) review, on a continuing basis, information
            relating to transfers of satellite, launch vehicle, or
            other technology or knowledge with respect to the
            course of the overseas launch of commercial satellites
            of United States origin; and
              (B) analyze the potential impact of such transfers on
            the space and military systems, programs, or activities
            of foreign countries.
        (4) The Director of the Nonproliferation Center of the
    Central Intelligence Agency shall serve as chairman of the
    advisory group.
        (5)(A) The advisory group shall, upon request (but not less
    often than annually), submit reports on the matters referred to
    in paragraphs (1) and (3) to the appropriate committees of
    Congress and to appropriate departments and agencies of the
    Federal Government.
        (B) The first annual report under subparagraph (A) shall be
    submitted not later than one year after the date of the
    enactment of this Act.
        (c) Intelligence Community Defined.--In this section, the
    term ``intelligence community'' has the meaning given that term
    in section 3(4) of the National Security Act of 1947 (50 U.S.C.
    401a(4)).

    SEC. 1412. INVESTIGATIONS OF VIOLATIONS OF EXPORT CONTROLS BY UNITED
                        STATES SATELLITE MANUFACTURERS.

        (a) Notice to Congress of Investigations.--The President
    shall promptly notify the appropriate committees of Congress
    whenever an investigation is undertaken by the Department of
    Justice of--
              (1) an alleged violation of United States export
            control laws in connection with a commercial satellite
            of United States origin; or
              (2) an alleged violation of United States export
            control laws in connection with an item controlled
            under section 38 of the Arms Export Control Act (22
            U.S.C. 2778) that is likely to cause significant harm
            or damage to the national security interests of the
            United States.
        (b) Notice to Congress of Certain Export Waivers.--The
    President shall promptly notify the appropriate committees of
    Congress whenever an export waiver pursuant to section 902 of
    the Foreign Relations Authorization Act, Fiscal Years 1990 and
    1991 (22 U.S.C. 2151 note) is granted on behalf of any United
    States person that is the subject of an investigation described
    in subsection (a). The notice shall include a justification for
    the waiver.
        (c) Exception.--The requirements in subsections (a) and (b)
    shall not apply if the President determines that notification
    of the appropriate committees of Congress under such
    subsections would jeopardize an on-going criminal
    investigation. If the President makes such a determination, the
    President shall provide written notification of such
    determination to the Speaker of the House of Representatives,
    the majority leader of the Senate, the minority leader of the
    House of Representatives, and the minority leader of the
    Senate. The notification shall include a justification for the
    determination.
        (d) Identification of Persons Subject to Investigation.--
    The Secretary of State and the Attorney General shall develop
    appropriate mechanisms to identify, for the purposes of
    processing export licenses for commercial satellites, persons
    who are the subject of an investigation described in subsection
    (a).
        (e) Protection of Classified and Other Sensitive
    Information.--The appropriate committees of Congress shall
    ensure that appropriate procedures are in place to protect from
    unauthorized disclosure classified information, information
    relating to intelligence sources and methods, and sensitive law
    enforcement information that is furnished to those committees
    pursuant to this section.
        (f) Statutory Construction.--Nothing in this section shall
    be construed to modify or supersede any other requirement to
    report information on intelligence activities to Congress,
    including the requirement under section 501 of the National
    Security Act of 1947 (50 U.S.C. 413).
        (g) Definitions.--As used in this section:
              (1) The term ``appropriate committees of Congress''
            means the following:
                      (A) The Committee on Armed Services, the
                    Committee on Foreign Relations, and the Select
                    Committee on Intelligence of the Senate.
                      (B) The Committee on Armed Services, the
                    Committee on International Relations, and the
                    Permanent Select Committee on Intelligence of
                    the House of Representatives.
              (2) The term ``United States person'' means any
            United States resident or national (other than an
            individual resident outside the United States and
            employed by other than a United States person), any
            domestic concern (including any permanent domestic
            establishment of any foreign concern), and any foreign
            subsidiary or affiliate (including any permanent
            foreign establishment) of any domestic concern which is
            controlled in fact by such domestic concern, as
            determined under regulations of the President.

            TITLE XV--ARMS CONTROL AND COUNTERPROLIFERATION MATTERS

              * * * * * * *

    SEC. 1501. REVISION TO LIMITATION ON RETIREMENT OR DISMANTLEMENT OF
                        STRATEGIC NUCLEAR DELIVERY SYSTEMS.

        (a) Revised Limitation.--Subsections (a) and (b) of section
    1302 of the National Defense Authorization Act for Fiscal Year
    1998 (Public Law 105-85; 111 Stat. 1948) are amended to read as
    follows: * * *
        (b) Conforming Amendments.--Such section is further
    amended--
              (1) in subsection (c)(2), by striking ``during the
            strategic delivery systems retirement limitation
            period'' and inserting ``during the fiscal year during
            which the START II Treaty enters into force''; and
              (2) by striking subsection (g).

    SEC. 1502. SENSE OF CONGRESS ON STRATEGIC ARMS REDUCTIONS.

        It is the sense of Congress that, in negotiating a START
    III Treaty with the Russian Federation, or any other arms
    control treaty with the Russian Federation that would require
    reductions in United States strategic nuclear forces, that--
              (1) the strategic nuclear forces and nuclear
            modernization programs of the People's Republic of
            China and every other nation possessing nuclear weapons
            should be taken into full consideration in the
            negotiation of such treaty; and
              (2) the reductions in United States strategic nuclear
            forces under such a treaty should not be to such an
            extent as to impede the capability of the United States
            to respond militarily to any militarily significant
            increase in the threat to United States security or
            strategic stability posed by the People's Republic of
            China and any other nation.

    SEC. 1503. REPORT ON STRATEGIC STABILITY UNDER START III.

        (a) Report.--Not later than September 1, 2000, the
    Secretary of Defense shall submit to the Committee on Armed
    Services of the Senate and the Committee on Armed Services of
    the House of Representatives a report, to be prepared in
    consultation with the Director of Central Intelligence, on the
    stability of the future strategic nuclear posture of the United
    States for deterring the Russian Federation and other potential
    nuclear adversaries.
        (b) Matters To Be Included.--The Secretary shall, at a
    minimum, include in the report the following:
              (1) A discussion of the policy defining the
            deterrence and military-political objectives of the
            United States against potential nuclear adversaries.
              (2) A discussion of the military requirements for
            United States nuclear forces, the force structure and
            capabilities necessary to meet those requirements, and
            how they relate to the achievement of the objectives
            identified under paragraph (1).
              (3) A projection of the strategic nuclear force
            posture of the United States and the Russian Federation
            that is anticipated under a further Strategic Arms
            Reduction Treaty (referred to as ``START III''), and an
            explanation of whether and how United States nuclear
            forces envisioned under that posture would be capable
            of meeting the military sufficiency requirements
            identified under paragraph (2).
              (4) The Secretary's assessment of Russia's nuclear
            force posture under START III compared to its present
            force, including its size, vulnerability, and
            capability for launch on tactical warning, and an
            assessment of whether strategic stability would be
            enhanced or diminished under START III, including any
            stabilizing and destabilizing factors and possible
            incentives or disincentives for Russia to launch a
            first strike, or otherwise use nuclear weapons, against
            the United States in a possible future crisis.
              (5) The Secretary's assessment of the nuclear weapon
            capabilities of China and other potential nuclear
            weapon ``rogue'' states in the foreseeable future, and
            an assessment of the effect of these capabilities on
            strategic stability, including their ability and
            inclination to use nuclear weapons against the United
            States in a possible future crisis.
              (6) The Secretary's assessment of whether asymmetries
            between the United States and Russia, including
            doctrine, nonstrategic nuclear weapons, and active and
            passive defenses, are likely to erode strategic
            stability in the foreseeable future.
              (7) Any other matters the Secretary believes are
            important to such a consideration of strategic
            stability under future nuclear postures.
        (c) Classification.--The report shall be submitted in
    classified form and, to the extent possible, in unclassified
    form.

    SEC. 1504. COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.

        (a) Extension of Committee.--Subsection (f) of section 1605
    of the National Defense Authorization Act for Fiscal Year 1994
    (22 U.S.C. 2751 note) is amended by striking ``September 30,
    2000'' and inserting ``September 30, 2004''.
        (b) Executive Secretary of the Committee.--Paragraph (5) of
    subsection (a) of that section is amended to read as follows:
        ``(5) The Assistant to the Secretary of Defense for Nuclear
    and Chemical and Biological Defense Programs shall serve as
    executive secretary to the committee, except that during any
    period during which that position is vacant the Assistant
    Secretary of Defense for Strategy and Threat Reduction shall
    serve as the executive secretary.''.
        (c) Earlier Deadline for Annual Report on Counter-
    proliferation Activities and Programs.--Section 1503(a) of the
    National Defense Authorization Act for Fiscal Year 1995 (22
    U.S.C. 2751 note) is amended by striking ``May 1 of each year''
    and inserting ``February 1 of each year''.

    SEC. 1505. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO INSPECT AND
                        MONITOR IRAQI WEAPONS ACTIVITIES.

        (a) Limitation on Amount of Assistance in Fiscal Year
    2000.--The total amount of the assistance for fiscal year 2000
    that is provided by the Secretary of Defense under section 1505
    of the Weapons of Mass Destruction Control Act of 1992 (22
    U.S.C. 5859a) as activities of the Department of Defense in
    support of activities under that Act may not exceed
    $15,000,000.
        (b) Extension of Authority To Provide Assistance.--
    Subsection (f) of section 1505 of the Weapons of Mass
    Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended by
    striking ``1999'' and inserting ``2000''.
        (c) References to United Nations Special Commission on Iraq
    and to Fiscal Limitations.--(1) Subsection (b)(2) of such
    section is amended * * *
              * * * * * * *
     h. Strom Thurmond National Defense Authorization Act for Fiscal Year
                                      1999

        Partial text of Public Law 105-261 [H.R. 3616], 112 Stat. 1920,
     approved October 17, 1998; as amended by Public Law 105-277 [Omnibus
    Consolidated and Emergency Supplemental Appropriations Act, 1999; H.R.
      4328], 112 Stat. 2681, approved October 21, 1998; Public Law 106-65
    [National Defense Authorization Act for Fiscal Year 2000; S. 1059], 113
    Stat. 512, approved October 5, 1999; and Public Law 106-113 [H.R. 3427,
     enacted by reference in H.R. 3194], 113 Stat. 1501, approved November
                                    29, 1999

     AN ACT To authorize appropriations for fiscal year 1999 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,

    SECTION 1. SHORT TITLE; FINDINGS.

        (a) Short Title.--This Act may be cited as the ``Strom
    Thurmond National Defense Authorization Act for Fiscal Year
    1999''.
        (b) * * *
              * * * * * * *

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                         TITLE XV--ARMS CONTROL MATTERS

              * * * * * * *

                        Subtitle A--Arms Control Matters

    SEC. 1501. ONE-YEAR EXTENSION OF LIMITATION ON RETIREMENT OR
                        DISMANTLEMENT OF STRATEGIC NUCLEAR DELIVERY
                        SYSTEMS.

        Section 1302 of the National Defense Authorization Act for
    Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1948) is
    amended-- * * *

    SEC. 1502.\1\ TRANSMISSION OF EXECUTIVE BRANCH REPORTS PROVIDING
                        CONGRESS WITH CLASSIFIED SUMMARIES OF ARMS CONTROL
                        DEVELOPMENTS.

        (a) Reporting Requirement.--The Director of the Arms
    Control and Disarmament Agency (or the Secretary of State, if
    the Arms Control and Disarmament Agency becomes an element of
    the Department of State) shall transmit to the Committee on
    Armed Services \2\ of the House of Representatives on a
    periodic basis reports containing classified summaries of arms
    control developments.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2593a note.
        \2\ Sec. 1067(3) of Public Law 106-65 (113 Stat. 774) struck out
    ``Committee on National Security'' and inserted in lieu thereof
    ``Committee on Armed Services''.
    ---------------------------------------------------------------------------
        (b) Contents of Reports.--The reports required by
    subsection (a) shall include information reflecting the
    activities of forums established to consider issues relating to
    treaty implementation and treaty compliance.

    SEC. 1503. REPORT ON ADEQUACY OF EMERGENCY COMMUNICATIONS CAPABILITIES
                        BETWEEN UNITED STATES AND RUSSIA.

        Not later than 3 months after the date of the enactment of
    this Act, the Secretary of Defense shall submit to the
    Committee on Armed Services of the Senate and the Committee on
    National Security of the House of Representatives a report on
    the status and adequacy of current direct communications
    capabilities between the governments of the United States and
    Russia. The report shall identify each existing direct
    communications link between those governments and each such
    link that is designed to be used, or is available to be used,
    in an emergency situation. The Secretary shall describe in the
    report any shortcomings with the existing communications
    capabilities and shall include such proposals as the Secretary
    considers appropriate to improve those capabilities. In
    considering improvements to propose, the Secretary shall assess
    the feasibility and desirability of establishing a direct
    communications link between the commanders of appropriate
    United States unified and specified commands, including the
    United States Space Command and the United States Strategic
    Command, and their Russian counterparts.

    SEC. 1504. RUSSIAN NONSTRATEGIC NUCLEAR WEAPONS.

        (a) Findings.--The Congress makes the following findings:
              (1) The 7,000 to 12,000 or more nonstrategic (or
            ``tactical'') nuclear weapons estimated by the United
            States Strategic Command to be in the Russian arsenal
            may present the greatest threat of sale or theft of a
            nuclear warhead in the world today.
              (2) As the number of deployed strategic warheads in
            the Russian and United States arsenals declines to just
            a few thousand under the START accords, Russia's vast
            superiority in tactical nuclear warheads--many of which
            have yields equivalent to strategic nuclear weapons--
            could become strategically destabilizing.
              (3) While the United States has unilaterally reduced
            its inventory of tactical nuclear weapons by nearly 90
            percent since the end of the Cold War, Russia is behind
            schedule in implementing the steep tactical nuclear
            arms reductions pledged by former Soviet President
            Gorbachev in 1991 and Russian President Yeltsin in
            1992, perpetuating the dangers from Russia's tactical
            nuclear stockpile.
        (b) Sense of Congress.--It is the sense of Congress that
    the President should call on Russia to expedite reduction of
    its tactical nuclear arsenal in accordance with the promises
    made in 1991 and 1992.
        (c) Report.--Not later than March 15, 1999, the Secretary
    of Defense shall submit to Congress a report on the
    nonstrategic nuclear weapons of Russia. The report shall
    include--
              (1) estimates regarding the current numbers, types,
            yields, viability, and locations of those weapons;
              (2) an assessment of the strategic implications of
            Russia's nonstrategic arsenal, including the potential
            use of those weapons in a strategic role or the use of
            their components in strategic nuclear systems and the
            potential of Russian superiority in tactical nuclear
            weapons to destabilize the overall nuclear balance as
            strategic nuclear weapons are sharply reduced under the
            START accords;
              (3) an assessment of the extent of the current threat
            of theft, sale, or unauthorized use of the warheads of
            those weapons, including an analysis of Russian command
            and control as it concerns the use of tactical nuclear
            weapons;
              (4) a summary of past, current, and planned efforts
            to work cooperatively with Russia to account for,
            secure, and reduce Russia's stockpile of tactical
            nuclear weapons and associated fissile material;
              (5) a summary of how the United States would prevent,
            or plans to cope militarily with, scenarios in which a
            deterioration in relations with Moscow causes Russia to
            redeploy tactical nuclear weapons or in which Russia
            threatens to employ, or actually employs, tactical
            nuclear weapons in a local or regional conflict
            involving the United States or allies of the United
            States; and
              (6) an assessment of the steps that could be taken by
            the United States to enhance military preparedness in
            order (A) to deter any potential attempt by Russia to
            possibly exploit its advantage in tactical nuclear
            weapons through coercive ``nuclear diplomacy'' or on
            the battlefield, or (B) to counter Russia if Russia
            should make such an attempt to exploit its advantage in
            tactical nuclear weapons.
        (d) Views.--The Secretary of Defense shall include in the
    report under subsection (c) the views of the Director of
    Central Intelligence and of the commander of the United States
    Strategic Command.

                     Subtitle B--Satellite Export Controls

    SEC. 1511.\3\ SENSE OF CONGRESS.

        It is the sense of Congress that--
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2778 note.
    ---------------------------------------------------------------------------
              (1) United States business interests must not be
            placed above United States national security interests;
              (2) United States foreign policy and the policies of
            the United States regarding commercial relations with
            other countries should affirm the importance of
            observing and adhering to the Missile Technology
            Control Regime (MTCR);
              (3) the United States should encourage universal
            observance of the Guidelines to the Missile Technology
            Control Regime;
              (4) the exportation or transfer of advanced
            communication satellites and related technologies from
            United States sources to foreign recipients should not
            increase the risks to the national security of the
            United States;
              (5) due to the military sensitivity of the
            technologies involved, it is in the national security
            interests of the United States that United States
            satellites and related items be subject to the same
            export controls that apply under United States law and
            practices to munitions;
              (6) the United States should not issue any blanket
            waiver of the suspensions contained in section 902 of
            the Foreign Relations Authorization Act, Fiscal Years
            1990 and 1991 (Public Law 101-246), regarding the
            export of satellites of United States origin intended
            for launch from a launch vehicle owned by the People's
            Republic of China;
              (7) the United States should pursue policies that
            protect and enhance the United States space launch
            industry; and
              (8) the United States should not export to the
            People's Republic of China missile equipment or
            technology that would improve the missile or space
            launch capabilities of the People's Republic of China.

    SEC. 1512.\4\ CERTIFICATION OF EXPORTS OF MISSILE EQUIPMENT OR
                        TECHNOLOGY TO CHINA.

        (a) \5\ Certification.--The President shall certify to the
    Congress at least 15 days in advance of any export to the
    People's Republic of China of missile equipment or technology
    (as defined in section 74 of the Arms Export Control Act (22
    U.S.C. 2797c)) that--
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 2778 note. On May 10, 1999, the President certified
    to Congress ``that the export to the People's Republic of China of
    satellite fuels and separation systems for the U.S.-origin Iridium
    commercial communications satellite program: (1) is not detrimental to
    the United States space launch industry; and (2) the material and
    equipment, including any indirect technical benefit that could be
    derived from such export, will not measurably improve the missile or
    space launch capabilities of the People's Republic of China.''
    (Congressional Record, May 11, 1999, page S5029).
        \5\ Sec. 146 of Public Law 105-277 (112 Stat. 2681-610) struck out
    ``The'' and inserted in lieu thereof ``(a) Certification.--The''; and
    added a new subsec. (b).
    ---------------------------------------------------------------------------
              (1) such export is not detrimental to the United
            States space launch industry; and
              (2) the missile equipment or technology, including
            any indirect technical benefit that could be derived
            from such export, will not measurably improve the
            missile or space launch capabilities of the People's
            Republic of China.
        (b) \5\ Exception.--The certification requirement contained
    in subsection (a) shall not apply to the export of inertial
    reference units and components in manned civilian aircraft or
    supplied as spare or replacement parts for such aircraft.

    SEC. 1513.\6\ SATELLITE CONTROLS UNDER THE UNITED STATES MUNITIONS
                        LIST.

        (a) Control of Satellites on the United States Munitions
    List.--Notwithstanding any other provision of law, all
    satellites and related items that are on the Commerce Control
    List of dual-use items in the Export Administration Regulations
    (15 CFR part 730 et seq.) on the date of the enactment of this
    Act shall be transferred to the United States Munitions List
    and controlled under section 38 of the Arms Export Control Act
    (22 U.S.C. 2778).
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 2778 note.
    ---------------------------------------------------------------------------
        (b) Defense Trade Controls Registration Fees.--Section 45
    of the State Department Basic Authorities Act of 1956 (22
    U.S.C. 2717) is amended-- * * *
        (c) Effective Date.--(1) Subsection (a) shall take effect
    on March 15, 1999, and shall not apply to any export license
    issued before such effective date or to any export license
    application made under the Export Administration Regulations
    before such effective date.
        (2) The amendments made by subsection (b) shall be
    effective as of October 1, 1998.
        (d) Report.--Not later than January 1, 1999, the Secretary
    of State, in consultation with the Secretary of Defense and the
    Secretary of Commerce, shall submit to Congress a report
    containing--
              (1) a detailed description of the plans of the
            Department of State to implement the requirements of
            this section, including any organizational changes that
            are required and any Executive orders or regulations
            that may be required;
              (2) an identification and explanation of any steps
            that should be taken to improve the license review
            process for exports of the satellites and related items
            described in subsection (a), including measures to
            shorten the timelines for license application reviews,
            and any measures relating to the transparency of the
            license review process and dispute resolution
            procedures;
              (3) an evaluation of the adequacy of resources
            available to the Department of State, including fiscal
            and personnel resources, to carry out the additional
            activities required by this section; and
              (4) any recommendations for additional actions,
            including possible legislation, to improve the export
            licensing process under the Arms Export Control Act for
            the satellites and related items described in
            subsection (a).

    SEC. 1514.\7\ NATIONAL SECURITY CONTROLS ON SATELLITE EXPORT LICENSING.

        (a) Actions by the President.--Notwithstanding any other
    provision of law, the President shall take such actions as are
    necessary to implement the following requirements for improving
    national security controls in the export licensing of
    satellites and related items:
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 2778 note.
    ---------------------------------------------------------------------------
              (1) Mandatory technology control plans.--All export
            licenses shall require a technology transfer control
            plan approved by the Secretary of Defense and an
            encryption technology transfer control plan approved by
            the Director of the National Security Agency.
              (2) Mandatory monitors and reimbursement.--
                      (A) Monitoring of proposed foreign launch of
                    satellites.--In any case in which a license is
                    approved for the export of a satellite or
                    related items for launch in a foreign country,
                    the Secretary of Defense shall monitor all
                    aspects of the launch in order to ensure that
                    no unauthorized transfer of technology occurs,
                    including technical assistance and technical
                    data. The costs of such monitoring services
                    shall be fully reimbursed to the Department of
                    Defense by the person or entity receiving such
                    services. All reimbursements received under
                    this subparagraph shall be credited to current
                    appropriations available for the payment of the
                    costs incurred in providing such services.
                      (B) Contents of monitoring.--The monitoring
                    under subparagraph (A) shall cover, but not be
                    limited to--
                              (i) technical discussions and
                            activities, including the design,
                            development, operation, maintenance,
                            modification, and repair of satellites,
                            satellite components, missiles, other
                            equipment, launch facilities, and
                            launch vehicles;
                              (ii) satellite processing and launch
                            activities, including launch
                            preparation, satellite transportation,
                            integration of the satellite with the
                            launch vehicle, testing and checkout
                            prior to launch, satellite launch, and
                            return of equipment to the United
                            States;
                              (iii) activities relating to launch
                            failure, delay, or cancellation,
                            including post-launch failure
                            investigations; and
                              (iv) all other aspects of the launch.
              (3) Mandatory licenses for crash-investigations.--In
            the event of the failure of a launch from a foreign
            country of a satellite of United States origin--
                      (A) the activities of United States persons
                    or entities in connection with any subsequent
                    investigation of the failure are subject to the
                    controls established under section 38 of the
                    Arms Export Control Act, including requirements
                    for licenses issued by the Secretary of State
                    for participation in that investigation;
                      (B) officials of the Department of Defense
                    shall monitor all activities associated with
                    the investigation to insure against
                    unauthorized transfer of technical data or
                    services; and
                      (C) the Secretary of Defense shall establish
                    and implement a technology transfer control
                    plan for the conduct of the investigation to
                    prevent the transfer of information that could
                    be used by the foreign country to improve its
                    missile or space launch capabilities.
              (4) Mandatory notification and certification.--All
            technology transfer control plans for satellites or
            related items shall require any United States person or
            entity involved in the export of a satellite of United
            States origin or related items to notify the Department
            of Defense in advance of all meetings and interactions
            with any foreign person or entity providing launch
            services and require the United States person or entity
            to certify after the launch that it has complied with
            this notification requirement.
              (5) Mandatory intelligence community review.--The
            Secretary of Commerce and the Secretary of State shall
            provide to the Secretary of Defense and the Director of
            Central Intelligence copies of all export license
            applications and technical assistance agreements
            submitted for approval in connection with launches in
            foreign countries of satellites to verify the
            legitimacy of the stated end-user or end-users.
              (6) Mandatory sharing of approved licenses and
            agreements.--The Secretary of State shall provide
            copies of all approved export licenses and technical
            assistance agreements associated with launches in
            foreign countries of satellites to the Secretaries of
            Defense and Energy, the Director of Central
            Intelligence, and the Director of the Arms Control and
            Disarmament Agency.
              (7) Mandatory notification to congress on licenses.--
            Upon issuing a license for the export of a satellite or
            related items for launch in a foreign country, the head
            of the department or agency issuing the license shall
            so notify Congress.
              (8) Mandatory reporting on monitoring activities.--
            The Secretary of Defense shall provide to Congress an
            annual report on the monitoring of all launches in
            foreign countries of satellites of United States
            origin.
              (9) Establishing safeguards program.--The Secretary
            of Defense shall establish a program for recruiting,
            training, and maintaining a staff dedicated to
            monitoring launches in foreign countries of satellites
            and related items of United States origin.
        (b) Exception.--This section shall not apply to the export
    of a satellite or related items for launch in, or by nationals
    of, a country that is a member of the North Atlantic Treaty
    Organization or that is a major non-NATO ally of the United
    States.
        (c) Effective Date.--The President shall take the actions
    required by subsection (a) not later than 45 days after the
    date of the enactment of this Act.

    SEC. 1515.\8\ REPORT ON EXPORT OF SATELLITES FOR LAUNCH BY PEOPLE'S
                        REPUBLIC OF CHINA.

        (a) Requirement for Report.--Each report to Congress
    submitted pursuant to subsection (b) of section 902 of the
    Foreign Relations Authorization Act, Fiscal Years 1990 and 1991
    (22 U.S.C. 2151 note; Public Law 101-246) to waive the
    restrictions contained in subsection (a) of that section on the
    export to the People's Republic of China of any satellite of
    United States origin or related items shall be accompanied by a
    detailed justification setting forth the following:
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 2778 note.
    ---------------------------------------------------------------------------
              (1) A detailed description of all militarily
            sensitive characteristics integrated within, or
            associated with, the satellite.
              (2) An estimate of the number of United States
            civilian contract personnel expected to be needed in
            country to carry out the proposed satellite launch.
              (3)(A) A detailed description of the United States
            Government's plan to monitor the proposed satellite
            launch to ensure that no unauthorized transfer of
            technology occurs, together with an estimate of the
            number of officers and employees of the United States
            that are expected to be needed in country to carry out
            monitoring of the proposed satellite launch; and
              (B) the estimated cost to the Department of Defense
            of monitoring the proposed satellite launch and the
            amount of such cost that is to be reimbursed to the
            department.
              (4) The reasons why the proposed satellite launch is
            in the national security interest of the United States.
              (5) The impact of the proposed export on employment
            in the United States, including the number of new jobs
            created in the United States, on a State-by-State
            basis, as a direct result of the proposed export.
              (6) The number of existing jobs in the United States
            that would be lost, on a State-by-State basis, as a
            direct result of the proposed export not being
            licensed.
              (7) The impact of the proposed export on the balance
            of trade between the United States and the People's
            Republic of China and on reducing the current United
            States trade deficit with the People's Republic of
            China.
              (8) The impact of the proposed export on the
            transition of the People's Republic of China from a
            nonmarket economy to a market economy and the long-term
            economic benefit to the United States.
              (9) The impact of the proposed export on opening new
            markets to United States-made products through the
            purchase by the People's Republic of China of United
            States-made goods and services not directly related to
            the proposed export.
              (10) The impact of the proposed export on reducing
            acts, policies, and practices that constitute
            significant trade barriers to United States exports or
            foreign direct investment in the People's Republic of
            China by United States nationals.
              (11) The increase that will result from the proposed
            export in the overall market share of the United States
            for goods and services in comparison to Japan, France,
            Germany, the United Kingdom, and Russia.
              (12) The impact of the proposed export on the
            willingness of the People's Republic of China to modify
            its commercial and trade laws, practices, and
            regulations to make United States-made goods and
            services more accessible to that market.
              (13) The impact of the proposed export on the
            willingness of the People's Republic of China to reduce
            formal and informal trade barriers and tariffs, duties,
            and other fees on United States-made goods and services
            entering that country.
        (b) Militarily Sensitive Characteristics Defined.--In this
    section, the term ``militarily sensitive characteristics''
    includes antijamming capability, antennas, crosslinks, baseband
    processing, encryption devices, radiation-hardened devices,
    propulsion systems, pointing accuracy, kick motors, and other
    such characteristics as are specified by the Secretary of
    Defense.

    SEC. 1516.\9\ RELATED ITEMS DEFINED.

        In this subtitle, the term ``related items'' means the
    satellite fuel, ground support equipment, test equipment,
    payload adapter or interface hardware, replacement parts, and
    non-embedded solid propellant orbit transfer engines described
    in the report submitted to Congress by the Department of State
    on February 6, 1998, pursuant to section 38(f ) of the Arms
    Export Control Act (22 U.S.C. 2778(f )).
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 2778 note.
    ---------------------------------------------------------------------------

                    Subtitle C--Other Export Control Matters

    SEC. 1521. AUTHORITY FOR EXPORT CONTROL ACTIVITIES OF THE DEPARTMENT OF
                        DEFENSE.

        (a) Functions of the Under Secretary for Policy.--Section
    134(b) of title 10, United States Code, is amended by adding at
    the end the following new paragraph:
        ``(3) Subject to the authority, direction, and control of
    the Secretary of Defense, the Under Secretary shall have
    responsibility for supervising and directing activities of the
    Department of Defense relating to export controls.''.
        (b) Establishment of Deputy Under Secretary for Technology
    Security Policy.--(1) Chapter 4 of title 10, United States
    Code, is amended by inserting after section 134a the following
    new section:

    ``Sec. 134b. Deputy Under Secretary of Defense for Technology Security
                        Policy

        ``(a) There is in the Office of the Under Secretary of
    Defense for Policy a Deputy Under Secretary of Defense for
    Technology Security Policy.
        ``(b) The Deputy Under Secretary serves as the Director of
    the Defense Technology Security Administration (or any
    successor organization charged with similar responsibilities).
        ``(c) The principal duties of the Deputy Under Secretary
    are--
              ``(1) assisting the Under Secretary of Defense for
            Policy in supervising and directing the activities of
            the Department of Defense relating to export controls;
            and
              ``(2) assisting the Under Secretary of Defense for
            Policy in developing policies and positions regarding
            the appropriate export control policies and procedures
            that are necessary to protect the national security
            interests of the United States.
        ``(d) The Deputy Under Secretary shall perform such
    additional duties and exercise such authority as the Secretary
    of Defense may prescribe.''.
        (2) The table of sections at the beginning of such chapter
    is amended by inserting after the item relating to section 134a
    the following new item: * * *
        (c) \10\ Time for Implementation.--The Secretary of Defense
    shall complete the actions necessary to implement the amendment
    made by subsection (a) and to establish the office of Deputy
    Under Secretary of Defense for Technology Security Policy in
    accordance with section 134b of title 10, United States Code,
    as added by subsection (b), not later than 60 days after the
    date of the enactment of this Act.
    ---------------------------------------------------------------------------
        \10\ 10 U.S.C. 134 note.
    ---------------------------------------------------------------------------
        (d) \10\ Report.--Not later than 90 days after the date of
    the enactment of this Act, the Secretary of Defense shall
    submit to the Committee on Armed Services of the Senate and the
    Committee on National Security of the House of Representatives
    a report on the plans of the Secretary for implementing the
    amendments made by subsections (a) and (b). The report shall
    include the following:
              (1) A description of any organizational changes that
            are to be made within the Department of Defense to
            implement those amendments.
              (2) A description of the role of the Chairman of the
            Joint Chiefs of Staff in the export control activities
            of the Department of Defense after those subsections
            are implemented, together with a discussion of how that
            role compares to the Chairman's role in those
            activities before the implementation of those
            subsections.

    SEC. 1522.\11\ RELEASE OF EXPORT INFORMATION BY DEPARTMENT OF COMMERCE
                        TO OTHER AGENCIES FOR PURPOSE OF NATIONAL SECURITY
                        ASSESSMENT.

        (a) Release of Export Information.--The Secretary of
    Commerce shall, upon the written request of an official
    specified in subsection (c), transmit to that official any
    information relating to exports that is held by the Department
    of Commerce and is requested by that official for the purpose
    of assessing national security risks. The Secretary shall
    transmit such information within 10 business days after
    receiving such a request.
    ---------------------------------------------------------------------------
        \11\ 50 U.S.C. app. 2404 note.
    ---------------------------------------------------------------------------
        (b) Nature of Information.--The information referred to in
    subsection (a) includes information concerning--
              (1) export licenses issued by the Department of
            Commerce;
              (2) exports that were carried out under an export
            license issued by the Department of Commerce; and
              (3) exports from the United States that were carried
            out without an export license.
        (c) Requesting Officials.--The officials referred to in
    subsection (a) are the Secretary of State, the Secretary of
    Defense, the Secretary of Energy, and the Director of Central
    Intelligence. Each of those officials may delegate to any other
    official within their respective departments and agency the
    authority to request information under subsection (a).

    SEC. 1523.\12\ NUCLEAR EXPORT REPORTING REQUIREMENT.

        (a) Notification of Congress.--The President shall notify
    the Committee on Foreign Relations of the Senate and the
    Committee on International Relations of the House of
    Representatives \13\ upon the granting of a license by the
    Nuclear Regulatory Commission for the export or reexport of any
    nuclear-related technology or equipment, including source
    material, special nuclear material, or equipment or material
    especially designed or prepared for the processing, use, or
    production of special nuclear material.
    ---------------------------------------------------------------------------
        \12\ 42 U.S.C. 2155 note.
        \13\ Sec. 1135(1) of the Arms Control and Nonproliferation Act of
    1999 (title XI of Appendix G (Admiral James W. Nance and Meg Donovan
    Foreign Relations Authorization Act, Fiscal Years 2000 and 2001) of
    Public Law 106-113, enacted by reference in sec. 1000(a)(7) of Public
    Law 106-113 (113 Stat. 1536)) struck out ``Congress'' and inserted in
    lieu thereof ``the Committee on Foreign Relations of the Senate and the
    Committee on International Relations of the House of Representatives''.
    ---------------------------------------------------------------------------
        (b) Applicability.--The requirements of this section shall
    apply only to an export or reexport to a country that--
              (1) the President has determined is a country that
            has detonated a nuclear explosive device; and
              (2) is not a member of the North Atlantic Treaty
            Organization.
        (c) \14\ Content of Notification.--The notification
    required pursuant to this section shall include--
    ---------------------------------------------------------------------------
        \14\ Sec. 1135(2) of Appendix G (Admiral James W. Nance and Meg
    Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
    2001) of Public Law 106-113, enacted by reference in sec. 1000(a)(7) of
    Public Law 106-113 (113 Stat. 1536)) added subsec. (c).
    ---------------------------------------------------------------------------
              (1) a detailed description of the articles or
            services to be exported or reexported, including a
            brief description of the capabilities of any article to
            be exported or reexported;
              (2) an estimate of the number of officers and
            employees of the United States Government and of United
            States Government civilian contract personnel expected
            to be required in such country to carry out the
            proposed export or reexport;
              (3) the name of each licensee expected to provide the
            article or service proposed to be sold and a
            description from the licensee of any offset agreements
            proposed to be entered into in connection with such
            sale (if known on the date of transmittal of such
            statement);
              (4) the projected delivery dates of the articles or
            services to be exported or reexported; and
              (5) the extent to which the recipient country in the
            previous two years has engaged in any of the actions
            specified in subparagraph (A), (B), or (C) of section
            129(2) of the Atomic Energy Act of 1954.

    SEC. 1524.\15\ EXECUTION OF OBJECTION AUTHORITY WITHIN THE DEPARTMENT
                        OF DEFENSE.

        Section 1211 of the National Defense Authorization Act for
    Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1932) is amended
    by adding at the end the following new subsection:
    ---------------------------------------------------------------------------
        \15\ 50 U.S.C. app. 2404 note.
    ---------------------------------------------------------------------------
        ``(g) Delegation of Objection Authority Within the
    Department of Defense.--For the purposes of the Department of
    Defense, the authority to issue an objection referred to in
    subsection (a) shall be executed for the Secretary of Defense
    by an official at the Assistant Secretary level within the
    office of the Under Secretary of Defense for Policy. In
    implementing subsection (a), the Secretary of Defense shall
    ensure that Department of Defense procedures maximize the
    ability of the Department of Defense to be able to issue an
    objection within the 10-day period specified in subsection
    (c).''.

                    Subtitle D--Counterproliferation Matters

    SEC. 1531. ONE-YEAR EXTENSION OF COUNTERPROLIFERATION AUTHORITIES FOR
                        SUPPORT OF UNITED NATIONS SPECIAL COMMISSION ON
                        IRAQ.

        (a) Amount Authorized for Fiscal Year 1999.--The total
    amount of assistance for fiscal year 1999 provided by the
    Secretary of Defense under section 1505 of the Weapons of Mass
    Destruction Control Act of 1992 (22 U.S.C. 5859a) that is
    provided for activities of the Department of Defense in support
    of the United Nations Special Commission on Iraq, may not
    exceed $15,000,000.
        (b) Extension of Authority To Provide Assistance.--
    Subsection (f ) of section 1505 of the Weapons of Mass
    Destruction Control Act of 1992 (22 U.S.C. 5859a) is amended by
    striking out ``1998'' and inserting in lieu thereof ``1999''.

    SEC. 1532. SENSE OF CONGRESS ON NUCLEAR TESTS IN SOUTH ASIA.

        The Congress--
              (1) strongly condemns the decisions by the
            Governments of India and Pakistan to conduct nuclear
            tests in May 1998;
              (2) calls for the Governments of India and Pakistan
            to commit not to conduct any additional nuclear tests;
              (3) urges the Governments of India and Pakistan to
            take immediate steps to reduce tensions between the two
            countries;
              (4) urges India and Pakistan to engage in high-level
            dialogue aimed at reducing the likelihood of armed
            conflict, enacting confidence and security building
            measures, and resolving areas of dispute;
              (5) commends all nations to take steps which will
            reduce tensions in South Asia, including appropriate
            measures to prevent the transfer of technology that
            could further exacerbate the arms race in South Asia,
            and thus avoid further deterioration of security there;
              (6) calls upon the President, leaders of all nations,
            and the United Nations to encourage a diplomatic,
            negotiated solution between the Governments of India
            and Pakistan to promote peace and stability in South
            Asia and resolve the current impasse;
              (7) encourages United States diplomatic leadership in
            assisting the Governments of India and Pakistan to seek
            a negotiated resolution of their 50-year conflict over
            the disputed territory in Kashmir;
              (8) urges India and Pakistan to take immediate,
            binding, and verifiable steps to roll back their
            nuclear programs and come into compliance with
            internationally accepted norms regarding the
            proliferation of weapons of mass destruction; and
              (9) urges the United States to reevaluate its
            bilateral relationship with India and Pakistan, in
            light of the new regional security realities in South
            Asia, with the goal of preventing further nuclear and
            ballistic missile proliferation, diffusing long-
            standing regional rivalries between India and Pakistan,
            and securing commitments from India and Pakistan which,
            if carried out, could result in a calibrated lifting of
            United States sanctions imposed under the Arms Export
            Control Act and the Nuclear Proliferation Prevention
            Act of 1994.

    SEC. 1533. REPORT ON REQUIREMENTS FOR RESPONSE TO INCREASED MISSILE
                        THREAT IN ASIA-PACIFIC REGION.

        (a) Study.--The Secretary of Defense shall carry out a
    study of the architecture requirements for the establishment
    and operation of a theater ballistic missile defense system in
    the Asia-Pacific region that would have the capability to
    protect key regional allies of the United States.
        (b) Report.--(1) Not later than January 1, 1999, the
    Secretary shall submit to the Committee on National Security of
    the House of Representatives and the Committee on Armed
    Services of the Senate a report containing--
              (A) the results of the study conducted under
            subsection (a);
              (B) the factors used to obtain such results; and
              (C) a description of any United States missile
            defense system currently deployed or under development
            that could be transferred to key allies of the United
            States in the Asia-Pacific region to provide for their
            self-defense against limited ballistic missile attacks.
        (2) The report shall be submitted in both classified and
    unclassified form.
              * * * * * * *
           i. National Defense Authorization Act for Fiscal Year 1998

    Partial text of Public Law 105-85 [H.R. 1119], 111 Stat. 1629, approved
      November 18, 1997; as amended by Public Law 105-261 [Strom Thurmond
     National Defense Authorization Act for Fiscal Year 1999; H.R. 3616],
    112 Stat. 1920, approved October 17, 1998; Public Law 106-65 [National
      Defense Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat.
    512, approved October 5, 1999; and Public Law 106-398 [National Defense
    Authorization Act for Fiscal Year 2001; H.R. 5408, enacted by reference
            in H.R. 4205], 114 Stat. 1654, approved October 30, 2000

     AN ACT To authorize appropriations for fiscal year 1998 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 1998''.
              * * * * * * *

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                  TITLE XIII--ARMS CONTROL AND RELATED MATTERS

              * * * * * * *

    SEC. 1301. PRESIDENTIAL REPORT CONCERNING DETARGETING OF RUSSIAN
                        STRATEGIC MISSILES.

        (a) Required Report.--Not later than January 1, 1998, the
    President shall submit to Congress a report concerning
    detargeting of Russian strategic missiles. The report shall
    address each of the following:
              (1) Whether a Russian ICBM that was formerly, but is
            no longer, targeted at a site in the United States
            would be automatically retargeted at a site in the
            United States in the event of the accidental launch of
            the missile.
              (2) Whether missile detargeting would prevent or
            significantly reduce the possibility of an unauthorized
            missile launch carried out by the Russian General Staff
            and prevent or significantly reduce the consequences to
            the United States of such a launch.
              (3) Whether missile detargeting would pose a
            significant obstacle to an unauthorized launch carried
            out by an operational level below the Russian General
            Staff if missile operators at such an operational level
            acquired missile launch codes or had the technical
            expertise to override missile launch codes.
              (4) The plausibility of an accidental launch of a
            Russian ICBM, compared to the possibility of a
            deliberate missile launch, authorized or unauthorized,
            resulting from Russian miscalculation, overreaction, or
            aggression.
              (5) The national security benefits derived from
            detargeting United States and Russian ICBMs.
              (6) The relative consequences to the United States of
            an unauthorized or accidental launch of a Russian ICBM
            that has been detargeted and one that has not been
            detargeted.
        (b) Definitions.--For purposes of subsection (a):
              (1) The term ``Russian ICBM'' means an
            intercontinental ballistic missile of the Russian
            Federation.
              (2) The term ``accidental launch'' means a missile
            launch resulting from mechanical failure.

    SEC. 1302. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC
                        NUCLEAR DELIVERY SYSTEMS.

        (a) \1\ Funding Limitation.--(1) Except as provided in
    paragraph (2), funds available to the Department of Defense may
    not be obligated or expended for retiring or dismantling, or
    for preparing to retire or dismantle, any of the following
    strategic nuclear delivery systems below the specified levels:
    ---------------------------------------------------------------------------
        \1\ Sec. 1501 of the National Defense Authorization Act for Fiscal
    Year 2000 (Public Law 106-65; 113 Stat. 806) amended and restated
    subsecs. (a) and (b). The subsections, as previously amended by sec.
    1501(1) of the Strom Thurmond National Defense Authorization Act for
    Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2171), formerly read as
    follows:
        ``(a) Funding Limitation.--Funds available to the Department of
    Defense may not be obligated or expended during the strategic delivery
    systems retirement limitation period for retiring or dismantling, or
    for preparing to retire or dismantle, any of the following strategic
    nuclear delivery systems below the specified levels:
    ---------------------------------------------------------------------------

      ``(1) 71 B-52H bomber aircraft.

      ``(2) 18 Trident ballistic missile submarines.

      ``(3) 500 Minuteman III intercontinental ballistic missiles.

      ``(4) 50 Peacekeeper intercontinental ballistic missiles.
    ---------------------------------------------------------------------------

        ``(b) Waiver Authority.--If the START II Treaty enters into force
    during the strategic delivery systems retirement limitation period, the
    Secretary of Defense may waive the application of the limitation under
    subsection (a) to the extent that the Secretary determines necessary in
    order to implement the treaty.''.
    ---------------------------------------------------------------------------
              (A) 76 B-52H bomber aircraft.
              (B) 18 Trident ballistic missile submarines.
              (C) 500 Minuteman III intercontinental ballistic
            missiles.
              (D) 50 Peacekeeper intercontinental ballistic
            missiles.
        (2) The limitation in paragraph (1)(B) shall be modified in
    accordance with paragraph (3) upon a certification by the
    President to Congress of the following:
              (A) That the effectiveness of the United States
            strategic deterrent will not be decreased by reductions
            in strategic nuclear delivery systems.
              (B) That the requirements of the Single Integrated
            Operational Plan can be met with a reduced number of
            strategic nuclear delivery systems.
              (C) That reducing the number of strategic nuclear
            delivery systems will not, in the judgment of the
            President, provide a disincentive for Russia to ratify
            the START II treaty or serve to undermine future arms
            control negotiations.
              (D) That the United States will retain the ability to
            increase the delivery capacity of its strategic nuclear
            delivery systems should threats arise that require more
            substantial United States strategic forces.
        (3) If the President submits the certification described in
    paragraph (2), then the applicable number in effect under
    paragraph (1)(B)--
              (A) shall be 16 during the period beginning on the
            date on which such certification is transmitted to
            Congress and ending on the date specified in
            subparagraph (B); and
              (B) shall be 14 effective as of the date that is 240
            days after the date on which such certification is
            transmitted.
        (b) \1\ Waiver Authority.--If the START II Treaty enters
    into force, the President may waive the application of the
    limitation in effect under subsection (a) to a strategic
    nuclear delivery system \2\ to the extent that the President
    determines such a waiver to be necessary in order to implement
    the treaty.
    ---------------------------------------------------------------------------
        \2\ Sec. 1043 of the National Defense Authorization Act for Fiscal
    Year 2001 (Public Law 106-398; 114 Stat. 1654) struck out ``the
    application of the limitation in effect under paragraph (1)(B) or (3)
    of subsection (a), as the case may be,'' and inserted in lieu thereof
    ``the application of the limitation in effect under subsection (a) to a
    strategic nuclear delivery system''.
    ---------------------------------------------------------------------------
        (c) Funding Limitation on Early Deactivation.--(1) If the
    limitation under subsection (a) ceases to apply by reason of a
    waiver under subsection (b), funds available to the Department
    of Defense may nevertheless not be obligated or expended \3\ to
    implement any agreement or understanding to undertake
    substantial early deactivation of a strategic nuclear delivery
    system specified in subsection (a) until 30 days after the date
    on which the President submits to Congress a report concerning
    such actions.
    ---------------------------------------------------------------------------
        \3\ Sec. 1501(2) of the Strom Thurmond National Defense
    Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
    2171) struck out ``during fiscal year 1998''.
    ---------------------------------------------------------------------------
        (2) For purposes of this subsection and subsection (d), a
    substantial early deactivation is an action during the fiscal
    year during which the START II Treaty enters into force \4\ to
    deactivate a substantial number of strategic nuclear delivery
    systems specified in subsection (a) by--
    ---------------------------------------------------------------------------
        \4\ Sec. 1501(b)(1) of the the National Defense Authorization Act
    for Fiscal Year 2000 (Public Law 106-65 (113 Stat. 806) struck out
    ``during the strategic delivery systems retirement limitation period''
    and inserted in lieu thereof ``during the fiscal year during which the
    START II Treaty enters into force''. Previously, sec. 1501(1) of Public
    Law 105-261 (112 Stat. 2171) struck out ``during the fiscal year 1998''
    and inserted in lieu thereof ``during the strategic delivery systems
    retirement limitation period''.
    ---------------------------------------------------------------------------
              (A) removing nuclear warheads from those systems; or
              (B) taking other steps to remove those systems from
            combat status.
        (3) A report under this subsection shall include the
    following:
              (A) The text of any understanding or agreement
            between the United States and the Russian Federation
            concerning substantial early deactivation of strategic
            nuclear delivery systems under the START II Treaty.
              (B) The plan of the Department of Defense for
            implementing the agreement.
              (C) An assessment of the Secretary of Defense of the
            adequacy of the provisions contained in the agreement
            for monitoring and verifying compliance of Russia with
            the terms of the agreement and, based upon that
            assessment, the determination of the President
            specifically as to whether the procedures for
            monitoring and verification of compliance by Russia
            with the terms of the agreement are adequate or
            inadequate.
              (D) A determination by the President as to whether
            the deactivations to occur under the agreement will be
            carried out in a symmetrical, reciprocal, or equivalent
            manner and whether the agreement will require early
            deactivations of strategic forces by the United States
            to be carried out substantially more rapidly than
            deactivations of strategic forces by Russia.
              (E) An assessment by the President of the effect of
            the proposed early deactivation on the stability of the
            strategic balance and relative strategic nuclear
            capabilities of the United States and the Russian
            Federation at various stages during deactivation and
            upon completion, including a determination by the
            President specifically as to whether the proposed early
            deactivations will adversely affect strategic
            stability.
        (d) Further Limitation on Strategic Force Reductions.--(1)
    Amounts available to the Department of Defense \5\ to implement
    an agreement that results in a substantial early deactivation
    \5\ of strategic forces may not be obligated for that purpose
    if in the report under subsection (c)(3) the President
    determines any of the following:
    ---------------------------------------------------------------------------
        \5\ Sec. 1501(3)(A) and (B) of Public Law 105-261 (112 Stat. 2171)
    struck out ``for fiscal year 1998'' and ``during fiscal year 1998'',
    respectively.
    ---------------------------------------------------------------------------
              (A) That procedures for monitoring and verification
            of compliance by Russia with the terms of the agreement
            are inadequate.
              (B) That the agreement will require early
            deactivations of strategic forces by the United States
            to be carried out substantially more rapidly than
            deactivations of strategic forces by Russia.
              (C) That the proposed early deactivations will
            adversely affect strategic stability.
        (2) The limitation in paragraph (1), if effective by reason
    of a determination by the President described in paragraph
    (1)(B), shall cease to apply 30 days after the date on which
    the President notifies Congress that the early deactivations
    under the agreement are in the national interest of the United
    States.
        (e) Contingency Plan for Sustainment of Systems.--(1) Not
    later then \6\ February 15, 1998, the Secretary of Defense
    shall submit to Congress a plan for the sustainment beyond
    October 1, 1999, of United States strategic nuclear delivery
    systems and alternative Strategic Arms Reduction Treaty force
    structures in the event that a strategic arms reduction
    agreement subsequent to the Strategic Arms Reduction Treaty
    does not enter into force before 2004.
    ---------------------------------------------------------------------------
        \6\ As enrolled.
    ---------------------------------------------------------------------------
        (2) The plan shall include a discussion of the following
    matters:
              (A) The actions that are necessary to sustain the
            United States strategic nuclear delivery systems,
            distinguishing between the actions that are planned for
            and funded in the future-years defense program and the
            actions that are not planned for and funded in the
            future-years defense program.
              (B) The funding necessary to implement the plan,
            indicating the extent to which the necessary funding is
            provided for in the future-years defense program and
            the extent to which the necessary funding is not
            provided for in the future-years defense program.
        (f) START Treaties Defined.--In this section:
              (1) The term ``Strategic Arms Reduction Treaty''
            means the Treaty Between the United States of America
            and the United Soviet Socialist Republics on the
            Reduction and Limitation of Strategic Offensive Arms
            (START), signed at Moscow on July 31, 1991, including
            related annexes on agreed statements and definitions,
            protocols, and memorandum of understanding.
              (2) The term ``START II Treaty'' means the Treaty
            Between the United States of America and the Russian
            Federation on Further Reduction and Limitation of
            Strategic Offensive Arms, signed at Moscow on January
            3, 1993, including the following protocols and
            memorandum of understanding, all such documents being
            integral parts of and collectively referred to as the
            ``START II Treaty'' (contained in Treaty Document 103-
            1):
                      (A) The Protocol on Procedures Governing
                    Elimination of Heavy ICBMs and on Procedures
                    Governing Conversion of Silo Launchers of Heavy
                    ICBMs Relating to the Treaty Between the United
                    States of America and the Russian Federation on
                    Further Reduction and Limitation of Strategic
                    Offensive Arms (also known as the ``Elimination
                    and Conversion Protocol'').
                      (B) The Protocol on Exhibitions and
                    Inspections of Heavy Bombers Relating to the
                    Treaty Between the United States and the
                    Russian Federation on Further Reduction and
                    Limitation of Strategic Offensive Arms (also
                    known as the ``Exhibitions and Inspections
                    Protocol'').
                      (C) The Memorandum of Understanding on
                    Warhead Attribution and Heavy Bomber Data
                    Relating to the Treaty Between the United
                    States of America and the Russian Federation on
                    Further Reduction and Limitation of Strategic
                    Offensive Arms (also known as the ``Memorandum
                    on Attribution'').
        (g) \7\ * * * [Repealed--1999]
    ---------------------------------------------------------------------------
        \7\ Sec. 1501(4) of Public Law 105-261 (112 Stat. 2171) added
    subsec. (g). Sec. 1501(b)(1) of Public Law 106-65 (113 Stat. 806)
    struck out the subsection the following year. It had read as follows:
        ``(g) Strategic Delivery Systems Retirement Limitation Period.--For
    purposes of this section, the term `strategic delivery systems
    retirement limitation period' means the period of fiscal years 1998 and
    1999.''.
    ---------------------------------------------------------------------------

    SEC. 1303.\8\ ASSISTANCE FOR FACILITIES SUBJECT TO INSPECTION UNDER THE
                        CHEMICAL WEAPONS CONVENTION.

        (a) Assistance Authorized.--Upon the request of the owner
    or operator of a facility that is subject to a routine
    inspection or a challenge inspection under the Chemical Weapons
    Convention, the Secretary of Defense may provide technical
    assistance to that owner or operator related to compliance of
    that facility with the Convention. Any such assistance shall be
    provided through the On-Site Inspection Agency of the
    Department of Defense.
    ---------------------------------------------------------------------------
        \8\ 50 U.S.C. 1525.
    ---------------------------------------------------------------------------
        (b) Reimbursement Requirement.--The Secretary may provide
    assistance under subsection (a) only to the extent that the
    Secretary determines that the Department of Defense will be
    reimbursed for costs incurred in providing the assistance. The
    United States National Authority may provide such reimbursement
    from amounts available to it. Any such reimbursement shall be
    credited to amounts available for the On-Site Inspection
    Agency.
        (c) Definitions.--In this section:
              (1) The terms ``Chemical Weapons Convention'' and
            ``Convention'' mean the Convention on the Prohibition
            of the Development, Production, Stockpiling and Use of
            Chemical Weapons and on Their Destruction, ratified by
            the United States on April 25, 1997, and entered into
            force on April 29, 1997.
              (2) The term ``facility that is subject to a routine
            inspection'' means a declared facility, as defined in
            paragraph 15 of part X of the Annex on Implementation
            and Verification of the Convention.
              (3) The term ``challenge inspection'' means an
            inspection conducted under Article IX of the
            Convention.
              (4) The term ``United States National Authority''
            means the United States National Authority established
            or designated pursuant to Article VII, paragraph 4, of
            the Convention.

    SEC. 1304. TRANSFERS OF AUTHORIZATIONS FOR HIGH-PRIORITY
                        COUNTERPROLIFERATION PROGRAMS.

        (a) Authority.--(1) Subject to paragraph (2), the Secretary
    of Defense may transfer amounts of authorizations made
    available to the Department of Defense in this division for
    fiscal year 1998 to any counterproliferation program, project,
    or activity described in subsection (b).
        (2) A transfer of authorizations may be made under this
    section only upon determination by the Secretary of Defense
    that such action is necessary in the national interest.
        (3) Amounts of authorizations so transferred shall be
    merged with and be available for the same purposes as the
    authorization to which transferred.
        (b) Programs To Which Tranfers May Be Made.--The authority
    under subsection (a) applies to any counterproliferation
    program, project, or activity of the Department of Defense
    identified as an area for progress in the most recent annual
    report of the Counterproliferation Program Review Committee
    established by section 1605 of the National Defense
    Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note).
        (c) Limitation on Total Amount.--The total amount of
    authorizations transferred under the authority of this section
    may not exceed $50,000,000.
        (d) Other Limitations and Requirements.--The provisions of
    subsection (b), (c), and (d) of section 1001 shall apply to a
    transfer under this section in the same manner as they apply to
    a transfer under subsection (a) of that section.
        (e) Construction With General Transfer Authority.--The
    authority provided by this section is in addition to the
    transfer authority provided in section 1001.

    SEC. 1305.\9\ ADVICE TO THE PRESIDENT AND CONGRESS REGARDING THE
                        SAFETY, SECURITY, AND RELIABILITY OF UNITED STATES
                        NUCLEAR WEAPONS STOCKPILE.

        (a) Findings.--Congress makes the following findings:
    ---------------------------------------------------------------------------
        \9\ 42 U.S.C. 7274p.
    ---------------------------------------------------------------------------
              (1) Nuclear weapons are the most destructive weapons
            on earth. The United States and its allies continue to
            rely on nuclear weapons to deter potential adversaries
            from using weapons of mass destruction. The safety and
            reliability of the nuclear weapons stockpile are
            essential to ensure its credibility as a deterrent.
              (2) On September 24, 1996, President Clinton signed
            the Comprehensive Test Ban Treaty.
              (3) Effective as of September 30, 1996, the United
            States is prohibited by section 507 of the Energy and
            Water Development Appropriations Act, 1993 (Public Law
            102-377; 42 U.S.C. 2121 note) from conducting
            underground nuclear tests ``unless a foreign state
            conducts a nuclear test after this date, at which time
            the prohibition on United States nuclear testing is
            lifted''.
              (4) Section 1436(b) of the National Defense
            Authorization Act, Fiscal Year 1989 (Public Law 100-
            456; 42 U.S.C. 2121 note) requires the Secretary of
            Energy to ``establish and support a program to assure
            that the United States is in a position to maintain the
            reliability, safety, and continued deterrent effect of
            its stockpile of existing nuclear weapons designs in
            the event that a low-threshold or comprehensive test
            ban on nuclear explosive testing is negotiated and
            ratified.''.
              (5) Section 3138(d) of the National Defense
            Authorization Act for Fiscal Year 1994 (Public Law 103-
            160; 42 U.S.C. 2121 note) required the President to
            submit an annual report to Congress which sets forth
            ``any concerns with respect to the safety, security,
            effectiveness, or reliability of existing United States
            nuclear weapons raised by the Stockpile Stewardship
            Program of the Department of Energy''.
              (6) President Clinton declared in July 1993 that ``to
            assure that our nuclear deterrent remains unquestioned
            under a test ban, we will explore other means of
            maintaining our confidence in the safety, reliability,
            and the performance of our weapons''. This decision was
            incorporated in a Presidential Directive.
              (7) Section 3138 of the National Defense
            Authorization Act for Fiscal Year 1994 (Public Law 103-
            160; 42 U.S.C. 2121 note) also requires that the
            Secretary of Energy establish a ``stewardship program
            to ensure the preservation of the core intellectual and
            technical competencies of the United States in nuclear
            weapons''.
              (8) The plan of the Department of Energy to maintain
            the safety and reliability of the United States nuclear
            weapons stockpile is known as the Stockpile Stewardship
            and Management Program. The ability of the United
            States to maintain and certify the safety, security,
            effectiveness, and reliability of the nuclear weapons
            stockpile without testing will require utilization of
            new and sophisticated computational capabilities and
            diagnostic technologies, methods, and procedures.
            Current diagnostic technologies and laboratory testing
            techniques are insufficient to certify the safety and
            reliability of the United States nuclear weapons
            stockpile into the future. Whereas in the past
            laboratory and diagnostic tools were used in
            conjunction with nuclear testing, in the future they
            will provide, under the Department of Energy's
            stockpile stewardship plan, the sole basis for
            assessing past test data and for making judgments on
            phenomena observed in connection with the aging of the
            stockpile.
              (9) Section 3159 of the National Defense
            Authorization Act for Fiscal Year 1997 (Public Law 104-
            201; 42 U.S.C. 7274o) requires that the directors of
            the nuclear weapons laboratories and the nuclear
            weapons production plants submit a report to the
            Assistant Secretary of Energy for Defense Programs if
            they identify a problem that has significant bearing on
            confidence in the safety or reliability of a nuclear
            weapon or nuclear weapon type, that the Assistant
            Secretary must transmit that report, along with any
            comments, to the congressional defense committees and
            to the Secretary of Energy and the Secretary of
            Defense, and that the Joint Nuclear Weapons Council
            advise Congress regarding its analysis of any such
            problems.
              (10) On August 11, 1995, President Clinton directed
            ``the establishment of a new annual reporting and
            certification requirement [to] ensure that our nuclear
            weapons remain safe and reliable under a comprehensive
            test ban''.
              (11) On the same day, the President noted that the
            Secretary of Defense and the Secretary of Energy have
            the responsibility, after being ``advised by the
            Nuclear Weapons Council, the Directors of DOE's nuclear
            weapons laboratories, and the Commander of United
            States Strategic Command'', to provide the President
            with the information regarding the certification
            referred to in paragraph (10).
              (12) The Joint Nuclear Weapons Council established by
            section 179 of title 10, United States Code, is
            responsible for providing advice to the Secretary of
            Energy and the Secretary of Defense regarding nuclear
            weapons issues, including ``considering safety,
            security, and control issues for existing weapons''.
            The Council plays a critical role in advising Congress
            in matters relating to nuclear weapons.
              (13) It is essential that the President receive well-
            informed, objective, and honest opinions, including
            dissenting views, from his advisers and technical
            experts regarding the safety, security, effectiveness,
            and reliability of the nuclear weapons stockpile.
        (b) Policy.--
              (1) In general.--It is the policy of the United
            States--
                      (A) to maintain a safe, secure, effective,
                    and reliable nuclear weapons stockpile; and
                      (B) as long as other nations control or
                    actively seek to acquire nuclear weapons, to
                    retain a credible nuclear deterrent.
              (2) Nuclear weapons stockpile.--It is in the security
            interest of the United States to sustain the United
            States nuclear weapons stockpile through a program of
            stockpile stewardship, carried out at the nuclear
            weapons laboratories and nuclear weapons production
            plants.
              (3) Sense of congress.--It is the sense of Congress
            that--
                      (A) the United States should retain a triad
                    of strategic nuclear forces sufficient to deter
                    any future hostile foreign leadership with
                    access to strategic nuclear forces from acting
                    against the vital interests of the United
                    States;
                      (B) the United States should continue to
                    maintain nuclear forces of sufficient size and
                    capability to implement an effective and robust
                    deterrent strategy; and
                      (C) the advice of the persons required to
                    provide the President and Congress with
                    assurances of the safety, security,
                    effectiveness, and reliability of the nuclear
                    weapons force should be scientifically based,
                    without regard for politics, and of the highest
                    quality and integrity.
        (c) Addition of President to Recipients of Reports by Heads
    of Laboratories and Plants.--Section 3159(b) of the National
    Defense Authorization Act for Fiscal Year 1997 (Public Law 104-
    201; 42 U.S.C. 7274o) is amended-- * * *
        (d) Ten-Day Time Limit for Transmittal of Report.--Section
    3159(b) of the National Defense Authorization Act for Fiscal
    Year 1997 (Public Law 104-201; 42 U.S.C. 7274o) is amended * *
    *
        (e) Advice and Opinions Regarding Nuclear Weapons
    Stockpile.--In addition to a director of a nuclear weapons
    laboratory or a nuclear weapons production plant (under section
    3159 of the National Defense Authorization Act for Fiscal Year
    1997 (Public Law 104-201; 42 U.S.C. 7274o)), any member of the
    Joint Nuclear Weapons Council or the commander of the United
    States Strategic Command may also submit to the President, the
    Secretary of Defense, the Secretary of Energy, or the
    congressional defense committees advice or opinion regarding
    the safety, security, effectiveness, and reliability of the
    nuclear weapons stockpile.
        (f) Expression of Individual Views.--A representative of
    the President may not take any action against, or otherwise
    constrain, a director of a nuclear weapons laboratory or a
    nuclear weapons production plant, a member of the Joint Nuclear
    Weapons Council, or the Commander of United States Strategic
    Command for presenting individual views to the President, the
    National Security Council, or Congress regarding the safety,
    security, effectiveness, and reliability of the nuclear weapons
    stockpile.
        (g) Definitions.--In this section:
              (1) The term ``representative of the President''
            means the following:
                      (A) Any official of the Department of Defense
                    or the Department of Energy who is appointed by
                    the President and confirmed by the Senate.
                      (B) Any member of the National Security
                    Council.
                      (C) Any member of the Joint Chiefs of Staff.
                      (D) Any official of the Office of Management
                    and Budget.
              (2) The term ``nuclear weapons laboratory'' means any
            of the following:
                      (A) Lawrence Livermore National Laboratory,
                    California.
                      (B) Los Alamos National Laboratory, New
                    Mexico.
                      (C) Sandia National Laboratories.
              (3) The term ``nuclear weapons production plant''
            means any of the following:
                      (A) The Pantex Plant, Texas.
                      (B) The Savannah River Site, South Carolina.
                      (C) The Kansas City Plant, Missouri.
                      (D) The Y-12 Plant, Oak Ridge, Tennessee.

    SEC. 1306. RECONSTITUTION OF COMMISSION TO ASSESS THE BALLISTIC MISSILE
                        THREAT TO THE UNITED STATES.

        (a) Initial Organization Requirements.--Section 1321(g) of
    the National Defense Authorization Act for Fiscal Year 1997
    (Public Law 104-201; 110 Stat. 2712) is amended-- * * *
        (b) Funding.--Section 1328 of such Act (110 Stat. 2714) is
    amended by inserting ``and fiscal year 1998'' after ``for
    fiscal year 1997''.

    SEC. 1307. SENSE OF CONGRESS REGARDING THE RELATIONSHIP BETWEEN UNITED
                        STATES OBLIGATIONS UNDER THE CHEMICAL WEAPONS
                        CONVENTION AND ENVIRONMENTAL LAWS.

        (a) Findings.--Congress makes the following findings:
              (1) The Chemical Weapons Convention requires the
            destruction of the United States stockpile of lethal
            chemical agents and munitions by April 29, 2007 (not
            later than 10 years after the Convention's entry into
            force).
              (2) The President has substantial authority under
            existing law to ensure that--
                      (A) the technologies necessary to destroy the
                    stockpile are developed;
                      (B) the facilities necessary to destroy the
                    stockpile are constructed; and
                      (C) Federal, State, and local environmental
                    laws and regulations do not impair the ability
                    of the United States to comply with its
                    obligations under the Convention.
              (3) The Comptroller General has concluded (in GAO
            Report NSIAD 97018 of February 1997) that--
                      (A) obtaining the necessary Federal and State
                    permits that are required under Federal
                    environmental laws and regulations for building
                    and operating the chemical agents and munitions
                    destruction facilities is among the most
                    unpredictable factors in the chemical
                    demilitarization program; and
                      (B) program cost and schedule are largely
                    driven by the degree to which States and local
                    communities are in agreement with proposed
                    disposal methods and whether those methods meet
                    environmental concerns.
        (b) Sense of Congress.--It is the sense of Congress that
    the President--
              (1) should use the authority of the President under
            existing law to ensure that the United States is able
            to construct and operate the facilities necessary to
            destroy the United States stockpile of lethal chemical
            agents and munitions within the time allowed by the
            Chemical Weapons Convention; and
              (2) while carrying out the obligations of the United
            States under the Convention, should encourage
            negotiations between appropriate Federal officials and
            officials of the State and local governments concerned
            to attempt to meet their concerns regarding compliance
            with Federal and State environmental laws and
            regulations and other concerns about the actions being
            taken to carry out those obligations.
        (c) Chemical Weapons Convention Defined.--For the purposes
    of this section, the terms ``Chemical Weapons Convention'' and
    ``Convention'' mean the Convention on the Prohibition of the
    Development, Production, Stockpiling and Use of Chemical
    Weapons and on Their Destruction, ratified by the United States
    on April 25, 1997, and entered into force on April 29, 1997.

    SEC. 1308. EXTENSION OF COUNTERPROLIFERATION AUTHORITIES FOR SUPPORT OF
                        UNITED NATIONS SPECIAL COMMISSION ON IRAQ.

        Section 1505 of the Weapons of Mass Destruction Control Act
    of 1992 (title XV of Public Law 102-484; 22 U.S.C. 5859a) is
    amended-- * * *

    SEC. 1309.\10\ ANNUAL REPORT ON MORATORIUM ON USE BY ARMED FORCES OF
                        ANTIPERSONNEL LANDMINES.

        (a) Findings.--Congress makes the following findings:
    ---------------------------------------------------------------------------
        \10\ 10 U.S.C. 113 note.
    ---------------------------------------------------------------------------
              (1) The United States has stated its support for a
            ban on antipersonnel landmines that is global in scope
            and verifiable.
              (2) On May 16, 1996, the President announced that the
            United States, as a matter of policy, would eliminate
            its stockpile of non-self-destructing antipersonnel
            landmines, except those used for training purposes and
            in Korea, and that the United States would reserve the
            right to use self-destructing antipersonnel landmines
            in the event of conflict.
              (3) On May 16, 1996, the President also announced
            that the United States would lead an effort to
            negotiate an international treaty permanently banning
            the use of all antipersonnel landmines.
              (4) The United States is currently participating at
            the United Nations Conference on Disarmament in
            negotiations aimed at achieving a global ban on the use
            of antipersonnel landmines.
              (5) On August 18, 1997, the administration agreed to
            participate in international negotiations sponsored by
            Canada (the so-called ``Ottawa process'') designed to
            achieve a treaty that would outlaw the production, use,
            and sale of antipersonnel landmines.
              (6) On September 17, 1997, the President announced
            that the United States would not sign the antipersonnel
            landmine treaty concluded in Oslo, Norway, by
            participants in the Ottawa process because the treaty
            would not provide a geographic exception to allow the
            United States to stockpile and use antipersonnel
            landmines in Korea or an exemption that would preserve
            the ability of the United States to use mixed antitank
            mine systems which could be used to deter an armored
            assault against United States forces.
              (7) The President also announced a change in United
            States policy whereby the United States--
                      (A) would no longer deploy antipersonnel
                    landmines, including self-destructing
                    antipersonnel landmines, by 2003, except in
                    Korea;
                      (B) would seek to field alternatives by that
                    date, or by 2006 in the case of Korea;
                      (C) would undertake a new initiative in the
                    United Nations Conference on Disarmament to
                    establish a global ban on the transfer of
                    antipersonnel landmines; and
                      (D) would increase its current humanitarian
                    demining activities around the world.
              (8) The President's decision would allow the
            continued use by United States forces of self-
            destructing antipersonnel landmines that are used as
            part of a mixed antitank mine system.
              (9) Under existing law (as provided in section 580 of
            Public Law 104-107; 110 Stat. 751), on February 12,
            1999, the United States will implement a one-year
            moratorium on the use of antipersonnel landmines by
            United States forces except along internationally
            recognized national borders or in demilitarized zones
            within a perimeter marked area that is monitored by
            military personnel and protected by adequate means to
            ensure the exclusion of civilians.
        (b) Sense of Congress.--It is the sense of Congress that--
              (1) the United States should not implement a
            moratorium on the use of antipersonnel landmines by
            United States Armed Forces in a manner that would
            endanger United States personnel or undermine the
            military effectiveness of United States Armed Forces in
            executing their missions; and
              (2) the United States should pursue the development
            of alternatives to self-destructing antipersonnel
            landmines.
        (c) Annual Report.--Not later than December 31 each year,
    the Secretary of Defense shall submit to the congressional
    defense committees a report concerning antipersonnel landmines.
    Each such report shall include the Secretary's description of
    the following:
              (1) The military utility of the continued deployment
            and use by the United States of antipersonnel
            landmines.
              (2) The effect of a moratorium on the production,
            stockpiling, and use of antipersonnel landmines on the
            ability of United States forces to deter and defend
            against attack on land by hostile forces, including on
            the Korean peninsula.
              (3) Progress in developing and fielding systems that
            are effective substitutes for antipersonnel landmines,
            including an identification and description of the
            types of systems that are being developed and fielded,
            the costs associated with those systems, and the
            estimated timetable for developing and fielding those
            systems.
              (4) The effect of a moratorium on the use of
            antipersonnel landmines on the military effectiveness
            of current antitank mine systems.
              (5) The number and type of pure antipersonnel
            landmines that remain in the United States inventory
            and that are subject to elimination under the
            President's September 17, 1997, declaration on United
            States antipersonnel landmine policy.
              (6) The number and type of mixed antitank mine
            systems that are in the United States inventory, the
            locations where they are deployed, and their effect on
            the deterrence and warfighting ability of United States
            Armed Forces.
              (7) The effect of the elimination of pure
            antipersonnel landmines on the warfighting
            effectiveness of the United States Armed Forces.
              (8) The costs already incurred and anticipated of
            eliminating antipersonnel landmines from the United
            States inventory in accordance with the policy
            enunciated by the President on September 17, 1997.
              (9) The benefits that would result to United States
            military and civilian personnel from an international
            treaty banning the production, use, transfer, and
            stockpiling of antipersonnel landmines.
              * * * * * * *
           j. National Defense Authorization Act for Fiscal Year 1997

    Partial text of Public Law 104-201 [National Defense Authorization Act
     for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422, approved September
          23, 1996; as amended by Public Law 105-85 [National Defense
      Authorization Act for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629,
                           approved November 18, 1997

     AN ACT To authorize appropriations for fiscal year 1997 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,
              * * * * * * *

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                  TITLE XIII--ARMS CONTROL AND RELATED MATTERS

              * * * * * * *

    Subtitle A--Arms Control, Counterproliferation Activities, and Related
                                    Matters

    SEC. 1301. EXTENSION OF COUNTERPROLIFERATION AUTHORITIES.

        (a) One-Year Extension of Authority.--Section 1505 of the
    Weapons of Mass Destruction Control Act of 1992 (title XV of
    Public Law 102-484; 22 U.S.C. 5859a) is amended-- * * *
        (b) * * *

    SEC. 1302. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC
                        NUCLEAR DELIVERY SYSTEMS.

        (a) Funding Limitation.--Funds available to the Department
    of Defense may not be obligated or expended during fiscal year
    1997 for retiring or dismantling, or for preparing to retire or
    dismantle, any of the following strategic nuclear delivery
    systems:
              (1) B-52H bomber aircraft.
              (2) Trident ballistic missile submarines.
              (3) Minuteman III intercontinental ballistic
            missiles.
              (4) Peacekeeper intercontinental ballistic missiles.
        (b) Waiver Authority.--If the START II Treaty enters into
    force during fiscal year 1996 or fiscal year 1997, the
    Secretary of Defense may waive the application of the
    limitation under paragraphs (2), (3), and (4) of subsection (a)
    to Trident ballistic missile submarines, Minuteman III
    intercontinental ballistic missiles, and Peacekeeper
    intercontinental ballistic missiles, respectively, to the
    extent that the Secretary determines necessary in order to
    implement the treaty.
        (c) Funding Limitation on Early Deactivation.--(1) If the
    limitation under paragraphs (2), (3), and (4) of subsection (a)
    ceases to apply by reason of a waiver under subsection (b),
    funds available to the Department of Defense may nevertheless
    not be obligated or expended during fiscal year 1997 to
    implement any agreement or understanding to undertake
    substantial early deactivation of a strategic nuclear delivery
    system specified in subsection (b) until 30 days after the date
    on which the President submits to Congress a report concerning
    such actions.
        (2) For purposes of this subsection, a substantial early
    deactivation is an action during fiscal year 1997 to deactivate
    a substantial number of strategic nuclear delivery systems
    specified in subsection (b) by--
              (A) removing nuclear warheads from those systems; or
              (B) taking other steps to remove those systems from
            combat status.
        (3) A report under this subsection shall include the
    following:
              (A) The text of any understanding or agreement
            between the United States and the Russian Federation
            concerning substantial early deactivation of strategic
            nuclear delivery systems under the START II Treaty.
              (B) The plan of the Department of Defense for
            implementing the agreement.
              (C) An assessment of the Secretary of Defense of the
            adequacy of the provisions contained in the agreement
            for monitoring and verifying compliance of Russia with
            the terms of the agreement.
              (D) A determination by the President as to whether
            the deactivations to occur under the agreement will be
            carried out in a symmetrical, reciprocal, or equivalent
            manner.
              (E) An assessment by the President of the effect of
            the proposed early deactivation on the stability of the
            strategic balance and relative strategic nuclear
            capabilities of the United States and the Russian
            Federation at various stages during deactivation and
            upon completion.
        (d) START II Treaty Defined.--For purposes of this section,
    the term ``START II Treaty'' means the Treaty Between the
    United States of America and the Russian Federation on Further
    Reduction and Limitation of Strategic Offensive Arms, signed at
    Moscow on January 3, 1993, including the following protocols
    and memorandum of understanding, all such documents being
    integral parts of and collectively referred to as the ``START
    II Treaty'' (contained in Treaty Document 103-1):
              (1) The Protocol on Procedures Governing Elimination
            of Heavy ICBMs and on Procedures Governing Conversion
            of Silo Launchers of Heavy ICBMs Relating to the Treaty
            Between the United States of America and the Russian
            Federation on Further Reduction and Limitation of
            Strategic Offensive Arms (also known as the
            ``Elimination and Conversion Protocol'').
              (2) The Protocol on Exhibitions and Inspections of
            Heavy Bombers Relating to the Treaty Between the United
            States and the Russian Federation on Further Reduction
            and Limitation of Strategic Offensive Arms (also known
            as the ``Exhibitions and Inspections Protocol'').
              (3) The Memorandum of Understanding on Warhead
            Attribution and Heavy Bomber Data Relating to the
            Treaty Between the United States of America and the
            Russian Federation on Further Reduction and Limitation
            of Strategic Offensive Arms (also known as the
            ``Memorandum on Attribution'').
        (e) Retention of B-52H Aircraft on Active Status.--(1) The
    Secretary of the Air Force shall maintain in active status
    (including the performance of standard maintenance and
    upgrades) the current fleet of B-52H bomber aircraft.
        (2) For purposes of carrying out upgrades of B-52H bomber
    aircraft during fiscal year 1997, the Secretary shall treat the
    entire current fleet of such aircraft as aircraft expected to
    be maintained in active status during the six-year period
    beginning on October 1, 1996.

    SEC. 1303. STRENGTHENING CERTAIN SANCTIONS AGAINST NUCLEAR
                        PROLIFERATION ACTIVITIES.

        (a) Sanctions.--Section 2(b)(4) of the Export-Import Bank
    Act of 1945 (12 U.S.C. 635(b)(4)) is amended to read as
    follows: \1\
    ---------------------------------------------------------------------------
        \1\ For full text of Export-Import Bank Act of 1945, see
    Legislation on Foreign Relations Through 2005, vol. III.
    ---------------------------------------------------------------------------
              ``(4)(A) If the Secretary of State determines that--
                      ``(i) any country that has agreed to
                    International Atomic Energy Agency nuclear
                    safeguards materially violates, abrogates, or
                    terminates, after October 26, 1977, such
                    safeguards;
                      ``(ii) any country that has entered into an
                    agreement for cooperation concerning the civil
                    use of nuclear energy with the United States
                    materially violates, abrogates, or terminates,
                    after October 26, 1977, any guarantee or other
                    undertaking to the United States made in such
                    agreement;
                      ``(iii) any country that is not a nuclear-
                    weapon state detonates, after October 26, 1977,
                    a nuclear explosive device;
                      ``(iv) any country willfully aids or abets,
                    after June 29, 1994, any non-nuclear-weapon
                    state to acquire any such nuclear explosive
                    device or to acquire unsafeguarded special
                    nuclear material; or
                      ``(v) any person knowingly aids or abets,
                    after the date of enactment of the National
                    Defense Authorization Act for Fiscal Year 1997,
                    any non-nuclear-weapon state to acquire any
                    such nuclear explosive device or to acquire
                    unsafeguarded special nuclear material,
            then the Secretary of State shall submit a report to
            the appropriate committees of the Congress and to the
            Board of Directors of the Bank stating such
            determination and identifying each country or person
            the Secretary determines has so acted.
              ``(B)(i) If the Secretary of State makes a
            determination under subparagraph (A)(v) with respect to
            a foreign person, the Congress urges the Secretary to
            initiate consultations immediately with the government
            with primary jurisdiction over that person with respect
            to the imposition of the prohibition contained in
            subparagraph (C).
              ``(ii) In order that consultations with that
            government may be pursued, the Board of Directors of
            the Bank shall delay imposition of the prohibition
            contained in subparagraph (C) for up to 90 days if the
            Secretary of State requests the Board to make such
            delay. Following these consultations, the prohibition
            contained in subparagraph (C) shall apply immediately
            unless the Secretary determines and certifies to the
            Congress that that government has taken specific and
            effective actions, including appropriate penalties, to
            terminate the involvement of the foreign person in the
            activities described in subparagraph (A)(v). The Board
            of Directors of the Bank shall delay the imposition of
            the prohibition contained in subparagraph (C) for up to
            an additional 90 days if the Secretary requests the
            Board to make such additional delay and if the
            Secretary determines and certifies to the Congress that
            that government is in the process of taking the actions
            described in the preceding sentence.
              ``(iii) Not later than 90 days after making a
            determination under subparagraph (A)(v), the Secretary
            of State shall submit to the appropriate committees of
            the Congress a report on the status of consultations
            with the appropriate government under this
            subparagraph, and the basis for any determination under
            clause (ii) that such government has taken specific
            corrective actions.
              ``(C) The Board of Directors of the Bank shall not
            give approval to guarantee, insure, or extend credit,
            or participate in the extension of credit in support of
            United States exports to any country, or to or by any
            person, identified in the report described in
            subparagraph (A).
              ``(D) The prohibition in subparagraph (C) shall not
            apply to approvals to guarantee, insure, or extend
            credit, or participate in the extension of credit in
            support of United States exports to a country with
            respect to which a determination is made under clause
            (i), (ii), (iii), or (iv) of subparagraph (A) regarding
            any specific event described in such clause if the
            President determines and certifies in writing to the
            Congress not less than 45 days prior to the date of the
            first approval following the determination that it is
            in the national interest for the Bank to give such
            approvals.
              ``(E) The prohibition in subparagraph (C) shall not
            apply to approvals to guarantee, insure, or extend
            credit, or participate in the extension of credit in
            support of United States exports to or by a person with
            respect to whom a determination is made under clause
            (v) of subparagraph (A) regarding any specific event
            described in such clause if--
                      ``(i) the Secretary of State determines and
                    certifies to the Congress that the appropriate
                    government has taken the corrective actions
                    described in subparagraph (B)(ii); or
                      ``(ii) the President determines and certifies
                    in writing to the Congress not less than 45
                    days prior to the date of the first approval
                    following the determination that--
                              ``(I) reliable information indicates
                            that--
                                      ``(aa) such person has ceased
                                    to aid or abet any non-nuclear-
                                    weapon state to acquire any
                                    nuclear explosive device or to
                                    acquire unsafeguarded special
                                    nuclear material; and
                                      ``(bb) steps have been taken
                                    to ensure that the activities
                                    described in item (aa) will not
                                    resume; or
                              ``(II) the prohibition would have a
                            serious adverse effect on vital United
                            States interests.
              ``(F) For purposes of this paragraph:
                      ``(i) The term `country' has the meaning
                    given to `foreign state' in section 1603(a) of
                    title 28, United States Code.
                      ``(ii) The term `knowingly' is used within
                    the meaning of the term `knowing' in section
                    104(h)(3) of the Foreign Corrupt Practices Act
                    (15 U.S.C. 78dd-2(h)(3)).
                      ``(iii) The term `person' means a natural
                    person as well as a corporation, business
                    association, partnership, society, trust, any
                    other nongovernmental entity, organization, or
                    group, and any governmental entity operating as
                    a business enterprise, and any successor of any
                    such entity.
                      ``(iv) The term `nuclear-weapon state' has
                    the meaning given the term in Article IX(3) of
                    the Treaty on the Non-Proliferation of Nuclear
                    Weapons, signed at Washington, London, and
                    Moscow on July 1, 1968.
                      ``(v) The term `non-nuclear-weapon state' has
                    the meaning given the term in section 830(5) of
                    the Nuclear Proliferation Prevention Act of
                    1994 (Public Law 103-236; 108 Stat. 521).
                      ``(vi) The term `nuclear explosive device'
                    has the meaning given the term in section
                    830(4) of the Nuclear Proliferation Prevention
                    Act of 1994 (Public Law 103-236; 108 Stat.
                    521).
                      ``(vii) The term `unsafeguarded special
                    nuclear material' has the meaning given the
                    term in section 830(8) of the Nuclear
                    Proliferation Prevention Act of 1994.''.
        (b) Recommendations To Make Nonproliferation Laws More
    Effective.--Not later than 180 days after the date of the
    enactment of this Act, the President shall submit to the
    Congress his recommendations on ways to make the laws of the
    United States more effective in controlling and preventing the
    proliferation of weapons of mass destruction and missiles. The
    report shall identify all sources of Government funds used for
    such nonproliferation activities.

    SEC. 1304. AUTHORITY TO PAY CERTAIN EXPENSES RELATING TO HUMANITARIAN
                        AND CIVIC ASSISTANCE FOR CLEARANCE OF LANDMINES.

        (a) Authority To Pay Expenses.--Section 401(c) of title 10,
    United States Code, is amended-- * * * \2\
    ---------------------------------------------------------------------------
        \2\ For 10 U.S.C. 401, see Legislation on Foreign Relations Through
    2005, vol. I-B.
    ---------------------------------------------------------------------------
        (b) * * *

    SEC. 1305. REPORT ON MILITARY CAPABILITIES OF PEOPLE'S REPUBLIC OF
                        CHINA.

        (a) Report.--The Secretary of Defense shall prepare a
    report, in both classified and unclassified form, on the future
    pattern of military modernization of the People's Republic of
    China. The report shall address both the probable course of
    military-technological development in the People's Liberation
    Army and the development of Chinese military strategy and
    operational concepts.
        (b) Matters To Be Included.--The report shall include
    analyses and forecasts of the following:
              (1) Trends that would lead the People's Republic of
            China toward advanced intelligence, surveillance, and
            reconnaissance capabilities, either through a
            development program or by gaining access to commercial
            or third-party systems with militarily significant
            capabilities.
              (2) Efforts by the People's Republic of China to
            develop highly accurate and low-observable ballistic
            and cruise missiles, and the investments in
            infrastructure that would allow for production of such
            weapons in militarily significant quantities,
            particularly in numbers sufficient to conduct attacks
            capable of overwhelming projected defense capabilities
            in the region.
              (3) Development by the People's Republic of China of
            enhanced command and control networks, particularly
            those capable of battle management that would include
            long-range precision strikes.
              (4) Programs of the People's Republic of China
            involving unmanned aerial vehicles, particularly those
            with extended ranges or loitering times.
              (5) Exploitation by the People's Republic of China of
            the Global Positioning System or other similar systems,
            including commercial land surveillance satellites, for
            significant military purposes, including particularly
            for increasing the accuracy of weapons or the
            situational awareness of operating forces.
              (6) Development by the People's Republic of China of
            capabilities for denial of sea control, such as
            advanced sea mines or improved submarine capabilities.
              (7) Continued development by the People's Republic of
            China of follow-on forces, particularly those capable
            of rapid air or amphibious assault.
        (c) Submission of Report.--The report shall be submitted to
    Congress not later than February 1, 1997.

    SEC. 1306. PRESIDENTIAL REPORT REGARDING WEAPONS PROLIFERATION AND
                        POLICIES OF THE PEOPLE'S REPUBLIC OF CHINA.

        (a) Findings.--The Congress finds that--
              (1) the People's Republic of China acceded to the
            Treaty on the Non-Proliferation of Nuclear Weapons
            (hereafter in this section referred to as the ``NPT'')
            on March 9, 1992;
              (2) the People's Republic of China is not a member of
            the Nuclear Suppliers Group and remains the only major
            nuclear supplier that continues to transfer nuclear
            technology, equipment, and materials to countries that
            have not agreed to the application of safeguards of the
            International Atomic Energy Agency (hereafter in this
            section referred to as the ``IAEA'') over all of their
            nuclear materials;
              (3) on June 30, 1995, the United States and 29 other
            members of the Nuclear Suppliers Group notified the
            Director General of the IAEA that the Government of
            each respective country has decided that the controls
            of that Group should not be defeated by the transfer of
            component parts;
              (4) a state-owned entity in the People's Republic of
            China, the China Nuclear Energy Industry Corporation,
            has knowingly transferred specially designed ring
            magnets to an unsafeguarded uranium enrichment facility
            in the Islamic Republic of Pakistan;
              (5) ring magnets are identified on the Trigger List
            of the Nuclear Suppliers Group as a component of
            magnetic suspension bearings which are to be exported
            only to countries that have safeguards of the IAEA over
            all of their nuclear materials;
              (6) these ring magnets could contribute significantly
            to the ability of the Islamic Republic of Pakistan to
            produce additional unsafeguarded enriched uranium, a
            nuclear explosive material;
              (7) the Government of the People's Republic of China
            has transferred nuclear equipment and technology to the
            Islamic Republic of Iran, despite repeated claims by
            the Government of the United States that the Islamic
            Republic of Iran is engaged in clandestine efforts to
            acquire a nuclear explosive device;
              (8) representatives of the Government of the People's
            Republic of China have repeatedly assured the
            Government of the United States that the People's
            Republic of China would abide by the guidelines of the
            Missile Technology Control Regime (hereafter in this
            section referred to as the ``MTCR'');
              (9) the Government of China has transferred M-11
            missiles to the Islamic Republic of Pakistan; and
              (10) the M-11 missile conforms to the definition of a
            nuclear-capable missile under the MTCR.
        (b) Sense of the Congress.--It is the sense of the Congress
    that--
              (1) the assistance that the People's Republic of
            China has provided to the Islamic Republic of Iran and
            to the Islamic Republic of Pakistan could contribute to
            the ability of such countries to manufacture nuclear
            weapons;
              (2) the recent transfer by the People's Republic of
            China of ring magnets to an unsafeguarded uranium
            enrichment facility in the Islamic Republic of Pakistan
            conflicts with China's obligations under Articles I and
            III of the NPT, as well as the official
            nonproliferation policies and assurances by the
            People's Republic of China and the Islamic Republic of
            Pakistan with respect to the nonproliferation of
            nuclear weapons and nuclear-capable missiles;
              (3) the transfer of M-11 missiles from the People's
            Republic of China to the Islamic Republic of Pakistan
            is inconsistent with longstanding United States
            Government interpretations of assurances from the
            Government of the People's Republic of China with
            respect to that country's intent to abide by the
            guidelines of the MTCR;
              (4) violations by the People's Republic of China of
            the standards and objectives of the MTCR and global
            nuclear nonproliferation regimes have jeopardized the
            credibility of the MTCR and such regimes;
              (5) the MTCR and global nuclear nonproliferation
            regimes require collective international action to
            impose costs against and to withhold benefits from any
            country, including the People's Republic of China, that
            engages in activities that are contrary to the
            objectives of those regimes;
              (6) the President should explore with the governments
            of other countries new opportunities for collective
            action in response to activities of any country,
            including the People's Republic of China, that aid or
            abet the global proliferation of weapons of mass
            destruction or their means of delivery; and
              (7) the President should communicate to the
            Government of the People's Republic of China the sense
            of the Congress that the stability and growth of future
            relations between the people, the economies, and the
            Governments of the United States and the People's
            Republic of China will significantly depend upon
            substantive evidence of cooperation by the Government
            of the People's Republic of China in efforts to halt
            the global proliferation of weapons of mass destruction
            and their means of delivery.
        (c) Report.--Not later than 60 days after the date of the
    enactment of this Act, the President shall submit to the
    Congress a report, in both classified and unclassified form,
    concerning the transfer from the People's Republic of China to
    the Islamic Republic of Pakistan of technology, equipment, or
    materials important to the production of nuclear weapons and
    their means of delivery. The President shall include in the
    report the following:
              (1) The specific justification of the Secretary of
            State for determining that there was not a sufficient
            basis for imposing sanctions under section 2(b)(4) of
            the Export-Import Bank Act of 1945, as amended by
            section 825 of the Nuclear Proliferation Prevention Act
            of 1994, by reason of the transfer of ring magnets and
            other technology, equipment, or materials from the
            People's Republic of China to the Islamic Republic of
            Pakistan.
              (2) What commitment the United States Government is
            seeking from the People's Republic of China to ensure
            that the People's Republic of China establishes a fully
            effective export control system that will prevent
            transfers (such as the Pakistan sale) from taking place
            in the future.
              (3) A description of the pledges, assurances, and
            other commitments made by representatives of the
            Governments of the People's Republic of China and the
            Islamic Republic of Pakistan to the Government of the
            United States since January 1, 1991, with respect to
            the nonproliferation of nuclear weapons or nuclear-
            capable missiles, and an assessment of the record of
            compliance with such undertakings.
              (4) Whether, in light of the recent assurances
            provided by the People's Republic of China, the
            President intends to make the certification and submit
            the report required by section 902(a)(6)(B) of the
            Foreign Relations Authorization Act, Fiscal Years 1990
            and 1991 (22 U.S.C. 2151 note), and make the
            certification and submit the report required by Public
            Law 99-183, relating to the approval and implementation
            of the agreement for nuclear cooperation between the
            United States and the People's Republic of China, and,
            if not, why not.
              (5) Whether the Secretary of State considers the
            recent assurances and clarifications provided by the
            People's Republic of China to have provided sufficient
            information to allow the United States to determine
            that the People's Republic of China is not in violation
            of paragraph (2) of section 129 of the Atomic Energy
            Act of 1954, as required by Public Law 99-183.
              (6) If the President is unable or unwilling to make
            the certifications and reports referred to in paragraph
            (4), a description of what the President considers to
            be the significance of the clarifications and
            assurances provided by the People's Republic of China
            in the course of the recent discussions regarding the
            transfer by the People's Republic of China of nuclear-
            weapon-related equipment to the Islamic Republic of
            Pakistan.
              (7) A description of the laws, regulations, and
            procedures currently used by the People's Republic of
            China to regulate exports of nuclear technology,
            equipment, or materials, including dual-use goods, and
            an assessment of the effectiveness of such
            arrangements.
              (8) A description of the current policies and
            practices of other countries in response to the
            transfer of nuclear and missile technology by the
            People's Republic of China to the Islamic Republic of
            Pakistan and the Islamic Republic of Iran.

    SEC. 1307. UNITED STATES-PEOPLE'S REPUBLIC OF CHINA JOINT DEFENSE
                        CONVERSION COMMISSION.

        None of the funds appropriated or otherwise available for
    the Department of Defense for fiscal year 1997 or any prior
    fiscal year may be obligated or expended for any activity
    associated with the United States-People's Republic of China
    Joint Defense Conversion Commission until 15 days after the
    date on which the first semiannual report required by section
    1343 of the National Defense Authorization Act for Fiscal Year
    1996 (Public Law 104-106; 110 Stat. 487) is received by
    Congress.

    SEC. 1308. SENSE OF CONGRESS CONCERNING EXPORT CONTROLS.

        (a) Findings.--The Congress makes the following findings:
              (1) Export controls are a part of a comprehensive
            response to national security threats. The export of a
            United States commodity or technology should be
            restricted in cases in which the export of the
            commodity or technology would increase the threat to
            the national security of the United States or would be
            contrary to the nonproliferation goals or foreign
            policy interests of the United States.
              (2) The export of certain commodities and technology
            may adversely affect the national security and foreign
            policy of the United States by making a significant
            contribution to the military potential of countries or
            by enhancing the capability of countries to design,
            develop, test, produce, stockpile, or use weapons of
            mass destruction and missile delivery systems, and
            other significant military capabilities. Therefore, the
            administration of export controls should emphasize the
            control of these exports.
              (3) The acquisition of sensitive commodities and
            technologies by those countries and end users whose
            actions or policies run counter to United States
            national security or foreign policy interests may
            enhance the military capabilities of those countries,
            particularly their ability to design, develop, test,
            produce, stockpile, use, and deliver nuclear, chemical,
            and biological weapons and missile delivery systems,
            and other significant military capabilities. This
            enhancement threatens the security of the United States
            and its allies. The availability to countries and end
            users of items that contribute to military capabilities
            or the proliferation of weapons of mass destruction is
            a fundamental concern of the United States and should
            be eliminated through deterrence, negotiations, and
            other appropriate means whenever possible.
              (4) The national security of the United States
            depends not only on wise foreign policies and a strong
            defense, but also a vibrant national economy. To be
            truly effective, export controls should be applied
            uniformly by all suppliers.
              (5) On November 8, 1995, the President continued the
            national emergency declared in Executive Order No.
            12938 of November 14, 1994, ``with respect to the
            unusual and extraordinary threat to the national
            security, foreign policy, and economy of the United
            States posed by the proliferation of nuclear,
            biological, and chemical weapons and the means of
            delivering such weapons''.
              (6) A successor regime to COCOM (the Coordinating
            Committee for Multilateral Export Controls) has not
            been established. Currently, each nation is determining
            independently which dual-use military items, if any,
            will be controlled for export.
              (7) The United States should play a leading role in
            promoting transparency and responsibility with regard
            to the transfers of sensitive dual-use goods and
            technologies.
        (b) Sense of Congress.--It is the sense of the Congress
    that--
              (1) establishing an international export control
            regime, empowered to control exports of dual-use
            technology, is critically important and should be a top
            priority for the United States; and
              (2) the United States should strongly encourage its
            allies and other friendly countries to--
                      (A) adopt export controls that are the same
                    or similar to the export controls imposed by
                    the United States on items on the Commerce
                    Control List;
                      (B) strengthen enforcement of their export
                    controls; and
                      (C) explore the use of unilateral export
                    controls where the possibility exists that an
                    export could contribute to the enhancement of
                    military capabilities or proliferation
                    described in paragraphs (3) and (5) of
                    subsection (a).

    SEC. 1309. COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.

        (a) Composition of the Committee.--Subsection (a) of
    section 1605 of the National Defense Authorization Act for
    Fiscal Year 1994 (22 U.S.C. 2751 note) is amended by adding at
    the end the following new paragraph: * * *
        (b) * * *
        (c) * * *
        (d) Reports on Counterproliferation Activities and
    Programs.--Section 1503 of the National Defense Authorization
    Act for Fiscal Year 1995 (22 U.S.C. 2751 note) is amended-- * *
    *

    SEC. 1310. SENSE OF CONGRESS CONCERNING ASSISTING OTHER COUNTRIES TO
                        IMPROVE SECURITY OF FISSILE MATERIAL.

        (a) Findings.--Congress finds the following:
              (1) With the end of the Cold War, the world is faced
            with the need to manage the dismantling of vast numbers
            of nuclear weapons and the disposition of the fissile
            materials that they contain.
              (2) If recently agreed reductions in nuclear weapons
            are fully implemented, tens of thousands of nuclear
            weapons, containing a hundred tons or more of plutonium
            and many hundreds of tons of highly enriched uranium,
            will no longer be needed for military purposes.
              (3) Plutonium and highly enriched uranium are the
            essential ingredients of nuclear weapons.
              (4) Limits on access to plutonium and highly enriched
            uranium are the primary technical barrier to acquiring
            nuclear weapons capability in the world today.
              (5) Several kilograms of plutonium, or several times
            that amount of highly enriched uranium, are sufficient
            to make a nuclear weapon.
              (6) Plutonium and highly enriched uranium will
            continue to pose a potential threat for as long as they
            exist.
              (7) Action is required to secure and account for
            plutonium and highly enriched uranium.
              (8) It is in the national interest of the United
            States to--
                      (A) minimize the risk that fissile materials
                    could be obtained by unauthorized parties;
                      (B) minimize the risk that fissile materials
                    could be reintroduced into the arsenals from
                    which they came, halting or reversing the arms
                    reduction process; and
                      (C) strengthen the national and international
                    control mechanisms and incentives designed to
                    ensure continued arms reductions and prevent
                    the spread of nuclear weapons.
        (b) Sense of Congress.--In light of the findings contained
    in subsection (a), it is the sense of Congress that the United
    States has a national security interest in assisting other
    countries to improve the security of their stocks of fissile
    material.

    SEC. 1311. REVIEW BY DIRECTOR OF CENTRAL INTELLIGENCE OF NATIONAL
                        INTELLIGENCE ESTIMATE 95-19.

        (a) Review.--The Director of Central Intelligence shall
    conduct a review of the underlying assumptions and conclusions
    of the National Intelligence Estimate designated as NIE 95-19
    and entitled ``Emerging Missile Threats to North America During
    the Next 15 Years'', released by the Director in November 1995.
        (b) Methodology for Review.--The Director shall carry out
    the review under subsection (a) through a panel of independent,
    nongovernmental individuals with appropriate expertise and
    experience. Such a panel shall be convened by the Director not
    later than 45 days after the date of the enactment of this Act.
        (c) Report.--The Director shall submit the findings
    resulting from the review under subsection (a), together with
    any comments of the Director on the review and the findings, to
    Congress not later than three months after the appointment of
    the Commission under section 1321.

     Subtitle B--Commission To Assess the Ballistic Missile Threat to the
                                 United States

    SEC. 1321. ESTABLISHMENT OF COMMISSION.

        (a) Establishment.--There is hereby established a
    commission to be known as the ``Commission To Assess the
    Ballistic Missile Threat to the United States'' (hereafter in
    this subtitle referred to as the ``Commission'').
        (b) Composition.--The Commission shall be composed of nine
    members appointed by the Director of Central Intelligence. In
    selecting individuals for appointment to the Commission, the
    Director should consult with--
              (1) the Speaker of the House of Representatives
            concerning the appointment of three of the members of
            the Commission;
              (2) the majority leader of the Senate concerning the
            appointment of three of the members of the Commission;
            and
              (3) the minority leader of the House of
            Representatives and the minority leader of the Senate
            concerning the appointment of three of the members of
            the Commission.
        (c) Qualifications.--Members of the Commission shall be
    appointed from among private United States citizens with
    knowledge and expertise in the political and military aspects
    of proliferation of ballistic missiles and the ballistic
    missile threat to the United States.
        (d) Chairman.--The Speaker of the House of Representatives,
    after consultation with the majority leader of the Senate and
    the minority leaders of the House of Representatives and the
    Senate, shall designate one of the members of the Commission to
    serve as chairman of the Commission.
        (e) Period of Appointment; Vacancies.--Members shall be
    appointed for the life of the Commission. Any vacancy in the
    Commission shall be filled in the same manner as the original
    appointment.
        (f) Security Clearances.--All members of the Commission
    shall hold appropriate security clearances.
        (g) Initial Organization Requirements.--(1) All
    appointments to the Commission shall be made not later than 30
    days after the date of the enactment of the National Defense
    Authorization Act for Fiscal Year 1998.\3\
    ---------------------------------------------------------------------------
        \3\ Sec. 1306(a)(1) of Public Law 105-85 (111 Stat. 1955) struck
    out ``not later than 45 days after the date of the enactment of this
    Act'' and inserted in lieu thereof ``not later than 30 days after the
    date of the enactment of the National Defense Authorization Act for
    Fiscal Year 1998''.
    ---------------------------------------------------------------------------
        (2) The Commission shall convene its first meeting not
    later than 60 days \4\ after the date as of which all members
    of the Commission have been appointed.\5\
    ---------------------------------------------------------------------------
        \4\ Sec. 1306(a)(2)(A) of Public Law 105-85 (111 Stat. 1955) struck
    out ``30 days'' and inserted in lieu thereof ``60 days''.
        \5\ Sec. 1306(a)(2)(B) of Public Law 105-85 (111 Stat. 1955) struck
    out ``, but not earlier than October 15, 1996''.
    ---------------------------------------------------------------------------

    SEC. 1322. DUTIES OF COMMISSION.

        (a) Review of Ballistic Missile Threat.--The Commission
    shall assess the nature and magnitude of the existing and
    emerging ballistic missile threat to the United States.
        (b) Cooperation From Government Officials.--In carrying out
    its duties, the Commission should receive the full and timely
    cooperation of the Secretary of Defense, the Director of
    Central Intelligence, and any other United States Government
    official responsible for providing the Commission with
    analyses, briefings, and other information necessary for the
    fulfillment of its responsibilities.

    SEC. 1323. REPORT.

        The Commission shall, not later than six months after the
    date of its first meeting, submit to the Congress a report on
    its findings and conclusions.

    SEC. 1324. POWERS.

        (a) Hearings.--The Commission or, at its direction, any
    panel or member of the Commission, may, for the purpose of
    carrying out the provisions of this subtitle, hold hearings,
    sit and act at times and places, take testimony, receive
    evidence, and administer oaths to the extent that the
    Commission or any panel or member considers advisable.
        (b) Information.--The Commission may secure directly from
    the Department of Defense, the Central Intelligence Agency, and
    any other Federal department or agency information that the
    Commission considers necessary to enable the Commission to
    carry out its responsibilities under this subtitle.

    SEC. 1325. COMMISSION PROCEDURES.

        (a) Meetings.--The Commission shall meet at the call of the
    Chairman.
        (b) Quorum.--(1) Five members of the Commission shall
    constitute a quorum other than for the purpose of holding
    hearings.
        (2) The Commission shall act by resolution agreed to by a
    majority of the members of the Commission.
        (c) Commission.--The Commission may establish panels
    composed of less than full membership of the Commission for the
    purpose of carrying out the Commission's duties. The actions of
    each such panel shall be subject to the review and control of
    the Commission. Any findings and determinations made by such a
    panel shall not be considered the findings and determinations
    of the Commission unless approved by the Commission.
        (d) Authority of Individuals To Act for Commission.--Any
    member or agent of the Commission may, if authorized by the
    Commission, take any action which the Commission is authorized
    to take under this subtitle.

    SEC. 1326. PERSONNEL MATTERS.

        (a) Pay of Members.--Members of the Commission shall serve
    without pay by reason of their work on the Commission.
        (b) Travel Expenses.--The members of the Commission shall
    be allowed travel expenses, including per diem in lieu of
    subsistence, at rates authorized for employees of agencies
    under subchapter I of chapter 57 of title 5, United States
    Code, while away from their homes or regular places of business
    in the performance of services for the Commission.
        (c) Staff.--(1) The chairman of the Commission may, without
    regard to the provisions of title 5, United States Code,
    governing appointments in the competitive service, appoint a
    staff director and such additional personnel as may be
    necessary to enable the Commission to perform its duties. The
    appointment of a staff director shall be subject to the
    approval of the Commission.
        (2) The chairman of the Commission may fix the pay of the
    staff director and other personnel without regard to the
    provisions of chapter 51 and subchapter III of chapter 53 of
    title 5, United States Code, relating to classification of
    positions and General Schedule pay rates, except that the rate
    of pay fixed under this paragraph for the staff director may
    not exceed the rate payable for level V of the Executive
    Schedule under section 5316 of such title and the rate of pay
    for other personnel may not exceed the maximum rate payable for
    grade GS-15 of the General Schedule.
        (d) Detail of Government Employees.--Upon request of the
    chairman of the Commission, the head of any Federal department
    or agency may detail, on a nonreimbursable basis, any personnel
    of that department or agency to the Commission to assist it in
    carrying out its duties.
        (e) Procurement of Temporary and Intermittent Services.--
    The chairman of the Commission may procure temporary and
    intermittent services under section 3109(b) of title 5, United
    States Code, at rates for individuals which do not exceed the
    daily equivalent of the annual rate of basic pay payable for
    level V of the Executive Schedule under section 5316 of such
    title.

    SEC. 1327. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

        (a) Postal and Printing Services.--The Commission may use
    the United States mails and obtain printing and binding
    services in the same manner and under the same conditions as
    other departments and agencies of the Federal Government.
        (b) Miscellaneous Administrative and Support Services.--The
    Director of Central Intelligence shall furnish the Commission,
    on a reimbursable basis, any administrative and support
    services requested by the Commission.

    SEC. 1328. FUNDING.

        Funds for activities of the Commission shall be provided
    from amounts appropriated for the Department of Defense for
    operation and maintenance for Defense-wide activities for
    fiscal year 1997 and fiscal year 1998.\6\ Upon receipt of a
    written certification from the Chairman of the Commission
    specifying the funds required for the activities of the
    Commission, the Secretary of Defense shall promptly disburse to
    the Commission, from such amounts, the funds required by the
    Commission as stated in such certification.
    ---------------------------------------------------------------------------
        \6\ Sec. 1306(b) of Public Law 105-85 (111 Stat. 1955) inserted
    ``and fiscal year 1998'' after ``fiscal year 1997''.
    ---------------------------------------------------------------------------

    SEC. 1329. TERMINATION OF THE COMMISSION.

        The Commission shall terminate 60 days after the date of
    the submission of its report under section 1323.
              * * * * * * *
           k. National Defense Authorization Act for Fiscal Year 1996

    Partial text of Public Law 104-106 [National Defense Authorization Act
     for Fiscal Year 1996; S. 1124], 110 Stat. 186, approved February 10,
      1996; as amended by Public Law 107-314 [Bob Stump National Defense
      Authorization Act for Fiscal Year 2003; H.R. 4546], 116 Stat. 2458,
                           approved December 2, 2002

     AN ACT To authorize appropriations for fiscal year 1995 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,
              * * * * * * *

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                        TITLE XIV--ARMS CONTROL MATTERS

    SEC. 1401. REVISION OF DEFINITION OF LANDMINE FOR PURPOSES OF LANDMINE
                        EXPORT MORATORIUM.

        Section 1423(d) of the National Defense Authorization Act
    for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1832) is
    amended-- * * * \1\
    ---------------------------------------------------------------------------
        \1\ For amended text, see Legislation on Foreign Relations Through
    2005, vol. I-B.
    ---------------------------------------------------------------------------

    SEC. 1402. REPORTS ON MORATORIUM ON USE BY ARMED FORCES OF
                        ANTIPERSONNEL LANDMINES.

        Not later than April 30 of each of 1996, 1997, and 1998,
    the Chairman of the Joint Chiefs of Staff shall submit to the
    congressional defense committees a report on the projected
    effects of a moratorium on the defensive use of antipersonnel
    mines and antitank mines by the Armed Forces. The report shall
    include a discussion of the following matters:
              (1) The extent to which current doctrine and
            practices of the Armed Forces on the defensive use of
            antipersonnel mines and antitank mines adhere to
            applicable international law.
              (2) The effects that a moratorium would have on the
            defensive use of the current United States inventory of
            remotely delivered, self-destructing antitank systems,
            antipersonnel mines, and antitank mines.
              (3) The reliability of the self-destructing
            antipersonnel mines and self-destructing antitank mines
            of the United States.
              (4) The cost of clearing the antipersonnel minefields
            currently protecting Naval Station Guantanamo Bay,
            Cuba, and other United States installations.
              (5) The cost of replacing antipersonnel mines in such
            minefields with substitute systems such as the Claymore
            mine, and the level of protection that would be
            afforded by use of such a substitute.
              (6) The extent to which the defensive use of
            antipersonnel mines and antitank mines by the Armed
            Forces is a source of civilian casualties around the
            world, and the extent to which the United States, and
            the Department of Defense particularly, contributes to
            alleviating the illegal and indiscriminate use of such
            munitions.
              (7) The extent to which the threat to the security of
            United States forces during operations other than war
            and combat operations would increase as a result of
            such a moratorium.

    SEC. 1403. EXTENSION AND AMENDMENT OF COUNTER-PROLIFERATION
                        AUTHORITIES.

        (a) One-Year Extension of Program.--Section 1505 of the
    Weapons of Mass Destruction Control Act of 1992 (title XV of
    Public Law 102-484; 22 U.S.C. 5859a) is amended-- * * *

    SEC. 1404. LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC
                        NUCLEAR DELIVERY SYSTEMS.

        (a) Sense of Congress.--It is the sense of Congress that,
    unless and until the START II Treaty enters into force, the
    Secretary of Defense should not take any action to retire or
    dismantle, or to prepare to retire or dismantle, any of the
    following strategic nuclear delivery systems:
              (1) B-52H bomber aircraft.
              (2) Trident ballistic missile submarines.
              (3) Minuteman III intercontinental ballistic
            missiles.
              (4) Peacekeeper intercontinental ballistic missiles.
        (b) Limitation on Use of Funds.--Funds available to the
    Department of Defense may not be obligated or expended during
    fiscal year 1996 for retiring or dismantling, or for preparing
    to retire or dismantle, any of the strategic nuclear delivery
    systems specified in subsection (a).

    SEC. 1405. CONGRESSIONAL FINDINGS AND SENSE OF CONGRESS CONCERNING
                        TREATY VIOLATIONS.

        (a) Reaffirmation of Prior Findings Concerning the
    Krasnoyarsk Radar.--Congress, noting its previous findings with
    respect to the large phased-array radar of the Soviet Union
    known as the ``Krasnoyarsk radar'' stated in paragraphs (1)
    through (4) of section 902(a) of the National Defense
    Authorization Act for Fiscal Years 1988 and 1989 (Public Law
    100-180; 101 Stat. 1135) (and reaffirmed in section 1006(a) of
    the National Defense Authorization Act for Fiscal Years 1990
    and 1991 (Public Law 101-189; 103 Stat. 1543)), hereby
    reaffirms those findings as follows:
              (1) The 1972 Anti-Ballistic Missile Treaty prohibits
            each party from deploying ballistic missile early
            warning radars except at locations along the periphery
            of its national territory and oriented outward.
              (2) The 1972 Anti-Ballistic Missile Treaty prohibits
            each party from deploying an ABM system to defend its
            national territory and from providing a base for any
            such nationwide defense.
              (3) Large phased-array radars were recognized during
            negotiation of the Anti-Ballistic Missile Treaty as the
            critical long lead-time element of a nationwide defense
            against ballistic missiles.
              (4) In 1983 the United States discovered the
            construction, in the interior of the Soviet Union near
            the town of Krasnoyarsk, of a large phased-array radar
            that has subsequently been judged to be for ballistic
            missile early warning and tracking.
        (b) Further Reference to 1987 Congressional Statements.--
    Congress further notes that in section 902 of the National
    Defense Authorization Act for Fiscal Years 1988 and 1989
    (Public Law 100-180; 101 Stat. 1135) Congress also--
              (1) noted that the President had certified that the
            Krasnoyarsk radar was an unequivocal violation of the
            1972 Anti-Ballistic Missile Treaty; and
              (2) stated it to be the sense of the Congress that
            the Soviet Union was in violation of its legal
            obligation under that treaty.
        (c) Further Reference to 1989 Congressional Statements.--
    Congress further notes that in section 1006(b) of the National
    Defense Authorization Act for Fiscal Years 1990 and 1991
    (Public Law 101-189; 103 Stat. 1543) Congress also--
              (1) again noted that in 1987 the President declared
            that radar to be a clear violation of the 1972 Anti-
            Ballistic Missile Treaty and noted that on October 23,
            1989, the Foreign Minister of the Soviet Union conceded
            that the Krasnoyarsk radar is a violation of the 1972
            Anti-Ballistic Missile Treaty; and
              (2) stated it to be the sense of the Congress that
            the Soviet Union should dismantle the Krasnoyarsk radar
            expeditiously and without conditions and that until
            such radar was completely dismantled it would remain a
            clear violation of the 1972 Anti-Ballistic Missile
            Treaty.
        (d) Additional Findings.--Congress also finds, with respect
    to the Krasnoyarsk radar, that retired Soviet General Y.V.
    Votintsev, Director of the Soviet National Air Defense Forces
    from 1967 to 1985, has publicly stated--
              (1) that he was directed by the Chief of the Soviet
            General staff to locate the large phased-array radar at
            Krasnoyarsk despite the recognition by Soviet
            authorities that the location of such a radar at that
            location would be a clear violation of the 1972 Anti-
            Ballistic Missile Treaty; and
              (2) that Marshal D.F. Ustinov, Soviet Minister of
            Defense, threatened to relieve from duty any Soviet
            officer who continued to object to the construction of
            a large-phased array radar at Krasnoyarsk.
        (e) Sense of Congress Concerning Soviet Treaty
    Violations.--It is the sense of Congress that the government of
    the Soviet Union intentionally violated its legal obligations
    under the 1972 Anti-Ballistic Missile Treaty in order to
    advance its national security interests.
        (f) Sense of Congress Concerning Compliance by Russia With
    Arms Control Obligations.--In light of subsections (a) through
    (e), it is the sense of Congress that the United States should
    remain vigilant in ensuring compliance by Russia with its arms
    control obligations and should, when pursuing future arms
    control agreements with Russia, bear in mind violations of arms
    control obligations by the Soviet Union.

    SEC. 1406. SENSE OF CONGRESS ON RATIFICATION OF CHEMICAL WEAPONS
                        CONVENTION AND START II TREATY.

        (a) Findings.--Congress makes the following findings:
              (1) Proliferation of chemical or nuclear weapons
            materials poses a danger to United States national
            security, and the threat or use of such materials by
            terrorists would directly threaten United States
            citizens at home and abroad.
              (2) Events such as the March 1995 terrorist release
            of a chemical nerve agent in the Tokyo subway, the
            threatened use of chemical weapons during the 1991
            Persian Gulf War, and the widespread use of chemical
            weapons during the Iran-Iraq War of the 1980's are all
            potent reminders of the menace posed by chemical
            weapons, of the fact that the threat of chemical
            weapons is not sufficiently addressed, and of the need
            to outlaw the development, production, and possession
            of chemical weapons.
              (3) The Chemical Weapons Convention negotiated and
            signed by President Bush would make it more difficult
            for would-be proliferators, including terrorists, to
            acquire or use chemical weapons, if ratified and fully
            implemented, as signed, by all signatories.
              (4) United States military authorities, including
            Chairman of the Joint Chiefs of Staff General John
            Shalikashvili, have stated that United States military
            forces will deter and respond to chemical weapons
            threats with a robust chemical defense and an
            overwhelming superior conventional response, as
            demonstrated in the Persian Gulf War, and have
            testified in support of the ratification of the
            Chemical Weapons Convention.
              (5) The United States intelligence community has
            testified that the Convention will provide new and
            important sources of information, through regular data
            exchanges and routine and challenge inspections, to
            improve the ability of the United States to assess the
            chemical weapons status in countries of concern.
              (6) The Convention has not entered into force for
            lack of the requisite number of ratifications.
              (7) Russia has signed the Convention, but has not yet
            ratified it.
              (8) There have been reports by Russian sources of
            continued Russian production and testing of chemical
            weapons, including a statement by a spokesman of the
            Russian Ministry of Defense on December 5, 1994, that
            ``We cannot say that all chemical weapons production
            and testing has stopped altogether.''.
              (9) The Convention will impose a legally binding
            obligation on Russia and other nations that possess
            chemical weapons and that ratify the Convention to
            cease offensive chemical weapons activities and to
            destroy their chemical weapons stockpiles and
            production facilities.
              (10) The United States must be prepared to exercise
            fully its rights under the Convention, including the
            request of challenge inspections when warranted, and to
            exercise leadership in pursuing punitive measures
            against violators of the Convention, when warranted.
              (11) The United States should strongly encourage full
            implementation at the earliest possible date of the
            terms and conditions of the United States-Russia
            bilateral chemical weapons destruction agreement signed
            in 1990.
              (12) The START II Treaty negotiated and signed by
            President Bush would help reduce the danger of
            potential proliferators, including terrorists,
            acquiring nuclear warheads and materials, and would
            contribute to United States-Russian bilateral efforts
            to secure and dismantle nuclear warheads, if ratified
            and fully implemented as signed by both parties.
              (13) It is in the national security interest of the
            United States to take effective steps to make it more
            difficult for proliferators or would-be terrorists to
            obtain chemical or nuclear materials for use in
            weapons.
              (14) The President has urged prompt Senate action on,
            and advice and consent to ratification of, the START II
            Treaty and the Chemical Weapons Convention.
              (15) The Chairman of the Joint Chiefs of Staff has
            testified to Congress that ratification and full
            implementation of both treaties by all parties is in
            the United States national interest and has strongly
            urged prompt Senate advice and consent to their
            ratification.
        (b) Sense of Congress.--It is the sense of Congress that
    the United States, Russia, and all other parties to the START
    II Treaty and the Chemical Weapons Convention should promptly
    ratify and fully implement, as negotiated, both treaties.

    SEC. 1407. IMPLEMENTATION OF ARMS CONTROL AGREEMENTS.

        (a) Funding.--Of the amounts appropriated pursuant to
    authorizations in sections 102, 103, 104, 201, and 301, the
    Secretary of Defense may use an amount not to exceed
    $239,941,000 for implementing arms control agreements to which
    the United States is a party.
        (b) Limitation.--(1) Funds made available pursuant to
    subsection (a) for the costs of implementing an arms control
    agreement may not (except as provided in paragraph (2)) be used
    to reimburse expenses incurred by any other party to the
    agreement for which (without regard to any executive agreement
    or any policy not part of an arms control agreement)--
              (A) the other party is responsible under the terms of
            the arms control agreement; and
              (B) the United States has no responsibility under the
            agreement.
        (2) The limitation in paragraph (1) does not apply to a use
    of funds to carry out an arms control expenses reimbursement
    policy of the United States described in subsection (c).
        (c) Covered Arms Control Expenses Reimbursement Policies.--
    Subsection (b)(2) applies to a policy of the United States to
    reimburse expenses incurred by another party to an arms control
    agreement if--
              (1) the policy does not modify any obligation imposed
            by the arms control agreement;
              (2) the President--
                      (A) issued or approved the policy before the
                    date of the enactment of this Act; or
                      (B) entered into an agreement on the policy
                    with the government of another country or
                    approved an agreement on the policy entered
                    into by an official of the United States and
                    the government of another country; and
              (3) the President has notified the designated
            congressional committees of the policy or the policy
            agreement (as the case may be), in writing, at least 30
            days before the date on which the President issued or
            approved the policy or has entered into or approved the
            policy agreement.
        (d) Definitions.--For the purposes of this section:
              (1) The term ``arms control agreement'' means an arms
            control treaty or other form of international arms
            control agreement.
              (2) The term ``executive agreement'' means an
            international agreement entered into by the President
            that is not authorized by law or entered into as a
            Treaty to which the Senate has given its advice and
            consent to ratification.
              (3) The term ``designated congressional committees''
            means the following:
                      (A) The Committee on Foreign Relations, the
                    Committee on Armed Services, and the Committee
                    on Appropriations of the Senate.
                      (B) The Committee on International Relations,
                    the Committee on National Security, and the
                    Committee on Appropriations of the House of
                    Representatives.

    SEC. 1408. IRAN AND IRAQ ARMS NONPROLIFERATION.

        (a) Sanctions Against Transfers of Persons.--Section
    1604(a) of the Iran-Iraq Arms Non-Proliferation Act of 1992
    (title XVI of Public Law 102-484; 50 U.S.C. 1701 note) is
    amended by inserting ``to acquire chemical, biological, or
    nuclear weapons or'' before ``to acquire''.
        (b) Sanctions Against Transfers of Foreign Countries.--
    Section 1605(a) of such Act is amended by inserting ``to
    acquire chemical, biological, or nuclear weapons or'' before
    ``to acquire''.
        (c) Clarification of United States Assistance.--
    Subparagraph (A) of section 1608(7) of such Act is amended to
    read as follows:
                      ``(A) any assistance under the Foreign
                    Assistance Act of 1961 (22 U.S.C. 2151 et
                    seq.), other than urgent humanitarian
                    assistance or medicine;''.
        (d) Notification of Certain Waivers Under MTCR
    Procedures.--Section 73(e)(2) of the Arms Export Control Act
    (22 U.S.C. 2797b(e)(2)) is amended-- * * * \2\
    ---------------------------------------------------------------------------
        \2\ See Legislation on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
              * * * * * * *

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *

       Subtitle C--Program Authorizations, Restrictions, and Limitations

    SEC. 3131. AUTHORITY TO CONDUCT PROGRAM RELATING TO FISSILE MATERIALS.

        (a) \3\ The Secretary of Energy may conduct programs
    designed to improve the protection, control, and accountability
    of fissile materials in Russia.
    ---------------------------------------------------------------------------
        \3\ Sec. 3152(1) of the Bob Stump National Defense Authorization
    Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2738) struck
    out ``Authority.--'' from the beginning of this subsection, and sec.
    3152(2) of that Act struck out subsec. (b), which formerly read as
    follows:
        ``(b) Semi-Annual Reports on Obligation of Funds.--(1) Not later
    than 30 days after the date of the enactment of this Act, and
    thereafter not later than April 1 and October 1 of each year, the
    Secretary of Energy shall submit to Congress a report on each
    obligation during the preceding six months of funds appropriated for a
    program described in subsection (a).
        ``(2) Each such report shall specify--
    ---------------------------------------------------------------------------

      ``(A) the activities and forms of assistance for which the Secretary of
    Energy has obligated funds;

      ``(B) the amount of the obligation;

      ``(C) the activities and forms of assistance for which the Secretary
    anticipates obligating funds during the six months immediately following
    the report, and the amount of each such anticipated obligation; and

      ``(D) the projected involvement (if any) of any department or agency of
    the United States (in addition to the Department of Energy) and of the
    private sector of the United States in the activities and forms of
    assistance for which the Secretary of Energy has obligated funds referred
    to in subparagraph (A).''.

              * * * * * * *
           l. National Defense Authorization Act for Fiscal Year 1995

    Partial text of Public Law 103-337 [National Defense Authorization Act
       for Fiscal Year 1995; S. 2182], 108 Stat. 2663 at 2882, approved
      October 5, 1994; as amended by Public Law 104-201 [National Defense
      Authorization Act For Fiscal Year 1997; H.R. 3230], 110 Stat. 2422,
       approved September 23, 1996; Public Law 106-65 [National Defense
       Authorization Act for Fiscal Year 2000; S. 1059], 111 Stat. 512,
       approved October 5, 1999; Public Law 107-314 [Bob Stump National
     Defense Authorization Act for Fiscal Year 2003; H.R. 4546], 116 Stat.
      2458, approved December 2, 2002; and Public Law 108-375 [Ronald W.
     Reagan National Defense Authorization Act for Fiscal Year 2005; H.R.
                4200], 118 Stat. 1811, approved October 28, 2004

     AN ACT To authorize appropriations for fiscal year 1995 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,
              * * * * * * *

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                         TITLE XV--ARMS CONTROL MATTERS

              * * * * * * *

    SEC. 1503.\1\ REPORTS ON COUNTERPROLIFERATION ACTIVITIES AND PROGRAMS.

        (a) Annual Report Required.--Not later than May 1 each
    year,\2\ the Secretary \3\ of Defense shall submit to Congress
    a report of the findings of the Counterproliferation Program
    Review Committee established by subsection (a) of the Review
    Committee charter.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2751 note.
        \2\ Sec. 1208(b) of the Bob Stump National Defense Authorization
    Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2668) struck
    out ``February 1 of each year'' and inserted in lieu thereof ``May 1
    each year''.
        \3\ Sec. 1504(c) of Public Law 106-65 (113 Stat. 808) struck out
    ``May 1 of each year'' and inserted in lieu thereof ``February 1 of
    each year''. Previously, sec. 1309(d)(1)(A) of the National Defense
    Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
    2710) struck out ``Report Required.--(1) Not later than May 1, 1995 and
    May 1, 1996, the Secretary'' and inserted in lieu thereof ``Annual
    Report Required.--Not later than May 1 of each year, the Secretary''.
    Sec. 1309(d)(1)(B) of that Act struck out para. (2).
    ---------------------------------------------------------------------------
        (b) Content of Report.--Each report under subsection (a)
    shall include the following:
              (1) A complete list, by specific program element, of
            the existing, planned, or newly proposed capabilities
            and technologies reviewed by the Review Committee
            pursuant to subsection (c) of the Review Committee
            charter.
              (2) A complete description of the requirements and
            priorities established by the Review Committee.
              (3) A comprehensive discussion of the near-term, mid-
            term, and long-term programmatic options formulated by
            the Review Committee for meeting requirements
            prescribed by the Review Committee and for eliminating
            deficiencies identified by the Review Committee,
            including the annual funding requirements and
            completion dates established for each such option.
              (4) An explanation of the recommendations made
            pursuant to subsection (c) of the Review Committee
            charter, together with a full discussion of the actions
            taken to implement such recommendations or otherwise
            taken on the recommendations.
              (5) A discussion and assessment of the status of each
            Review Committee recommendation during the fiscal year
            preceding the fiscal year in which the report is
            submitted, including, particularly, the status of
            recommendations made during such preceding fiscal year
            that were reflected in the budget submitted to Congress
            pursuant to section 1105(a) of title 31, United States
            Code, in the fiscal year of the report.
              (6) Each specific Department of Energy program that
            the Secretary of Energy plans to develop to initial
            operating capability and each such program that the
            Secretary does not plan to develop to initial operating
            capability.
              (7) For each technology program scheduled to reach
            initial operational capability, a recommendation from
            the Chairman of the Joint Chiefs of Staff that
            represents the views of the commanders of the unified
            and specified commands regarding the utility and
            requirement of the program.
              (8) \4\ A discussion of the limitations and
            impediments to the biological weapons
            counterproliferation efforts of the Department of
            Defense (including legal, policy, and resource
            constraints) and recommendations for the removal or
            mitigation of such impediments and for ways to make
            such efforts more effective.
    ---------------------------------------------------------------------------
        \4\ Sec. 1208(c) of the National Defense Authorization Act for
    Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2668) added para. (8).
    ---------------------------------------------------------------------------
        (c) Forms of Report.--Each such report shall be submitted
    in both unclassified and classified forms, including an annex
    to the classified report for special compartmented information
    programs, special access programs, and special activities
    programs.
        (d) \5\ Review Committee Charter Defined.--For purposes of
    this section, the term ``Review Committee charter'' means
    section 1605 of the National Defense Authorization Act for
    Fiscal Year 1994 (22 U.S.C. 2751 note).
    ---------------------------------------------------------------------------
        \5\ Sec. 1309(d)(2) of the National Defense Authorization Act for
    Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2710) added subsecs.
    (d) and (e).
    ---------------------------------------------------------------------------
        (e) \5\ Termination of Requirement.--The final report
    required under subsection (a) is the report for the year
    following the year in which the Counterproliferation Program
    Review Committee established under the Review Committee Charter
    ceases to exist.

    SEC. 1504. AMOUNTS FOR COUNTERPROLIFERATION ACTIVITIES.

        (a) Counterproliferation Activities.--Of the amount
    authorized to be appropriated in section 201(4), $16,500,000
    shall be available for counterproliferation activities.
        (b) Limitation.--(1) Of the funds made available pursuant
    to subsection (a), $4,000,000 may not be obligated until the
    Secretary of Defense submits to Congress a report on a proposed
    classified counterproliferation database system. The report
    shall provide--
              (A) an assessment of current major databases and
            software capabilities of entities in the intelligence
            community and of national weapons laboratories and
            laboratories of the Armed Forces against capabilities
            defined in the proposed project; and
              (B) an assessment of the technical feasibility of the
            proposed system, program plan, strategy, milestones and
            future year funding.
        (2) No funds may be obligated for the database system
    described in the report until the Secretary of Defense and the
    Director of Central Intelligence enter into a written agreement
    concerning the program to develop that database system that
    provides--
              (A) how funding for that program is to be divided
            between (i) the account of the National Foreign
            Intelligence Program, and (ii) Tactical Intelligence
            and Related Program accounts; and
              (B) a plan for the sources of funds for, and the
            programmed amounts for, that program for fiscal years
            after fiscal year 1995.
        (c) Education in Support of Counterproliferation
    Activities.--Of the amount authorized to be appropriated in
    section 301(5), not more than $2,000,000 shall be available for
    providing education to members of the Armed Forces in matters
    relating to counterproliferation.
        (d) Additional Authority To Transfer Authorizations.--(1)
    In addition to the transfer authority provided in section 1001,
    upon determination by the Secretary of Defense that such action
    is necessary in the national interest, the Secretary may
    transfer amounts of authorizations made available to the
    Department of Defense in this division for fiscal year 1995 to
    counterproliferation programs, projects, and activities
    identified as areas for progress by the Counterproliferation
    Program Review Committee established by section 1605 of the
    National Defense Authorization Act for Fiscal Year 1994 (Public
    Law 103-160), as amended by section 1502. Amounts of
    authorizations so transferred shall be merged with and be
    available for the same purposes as the authorization to which
    transferred.
        (2) The total amount of authorizations that the Secretary
    may transfer under the authority of this subsection may not
    exceed $100,000,000.
        (3) The authority provided by this subsection to transfer
    authorizations--
              (A) may only be used to provide authority for items
            that have a higher priority than the items from which
            authority is transferred; and
              (B) may not be used to provide authority for an item
            that has been denied authorization by Congress.
        (4) A transfer made from one account to another under the
    authority of this subsection shall be deemed to increase the
    amount authorized for the account to which the amount is
    transferred by an amount equal to the amount transferred.
        (5) The Secretary of Defense shall promptly notify Congress
    of transfers made under the authority of this subsection.
        (e) Use of Funds for Technology Development.--(1) Of the
    funds authorized to be appropriated by section 201(4) for
    counterproliferation technology projects--
              (A) up to $5,000,000 shall be available for a program
            to detect, locate, and disarm weapons of mass
            destruction that are hidden by a hostile state or
            terrorist or terrorist group in a confined area outside
            the United States; and
              (B) up to $10,000,000 shall be available for the
            training program referred to in paragraph (3).
        (2) The Secretary of Defense shall make funds available for
    the program referred to in paragraph (1)(A) in a manner that,
    to the maximum extent practicable, ensures the effective use of
    existing resources of the national weapons laboratories.
        (3)(A) The Secretary of Defense may participate in a \6\
    training program carried out jointly by the Secretary of
    Defense and the Director of the Federal Bureau of Investigation
    in order to expand and improve United States efforts to deter
    the possible proliferation and acquisition of \7\ weapons of
    mass destruction by organized crime organizations in Eastern
    Europe, the Baltic countries,\8\ states of the former Soviet
    Union, and in other countries in which, as determined by the
    Secretary of Defense, there exists a significant threat of such
    proliferation and acquisition.\9\
    ---------------------------------------------------------------------------
        \6\ Sec. 1211(b)(1) of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2087) struck out ``The training program referred to in paragraph (1)(B)
    is a'' and inserted in lieu thereof ``The Secretary of Defense may
    participate in a''.
        \7\ Sec. 1211(b)(2) of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2087) added ``of'' after ``acquisition''.
        \8\ Sec. 1211(b)(3) of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2087) struck out ``and'' after ``countries,''.
        \9\ Sec. 1211(b)(4) of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2087) added ``, and in other countries in which, as determined by the
    Secretary of Defense, there exists a significant threat of such
    proliferation and acquisition''.
    ---------------------------------------------------------------------------
        (B) Of the funds available under paragraph (1)(B) for the
    program referred to in subparagraph (A), $9,000,000 may not be
    obligated or expended for that program until the Secretary of
    Defense and the Director of the Federal Bureau of Investigation
    jointly submit to the congressional committees specified in
    subparagraph (C) a report that--
              (i) identifies the nature and extent of the threat
            posed to the United States by the possible
            proliferation and acquisition of weapons of mass
            destruction by organized crime organizations in Eastern
            Europe, the Baltic countries, and states of the former
            Soviet Union;
              (ii) assesses the actions that the United States
            should undertake in order to assist law enforcement
            agencies of Eastern Europe, the Baltic countries, and
            states of the former Soviet Union in the efforts of
            such agencies to prevent and deter the theft of nuclear
            weapons material; and
              (iii) contains an estimate of--
                      (I) the cost of undertaking such actions,
                    including the costs of personnel, support
                    equipment, and training;
                      (II) the time required to commence the
                    carrying out of the program referred to in
                    paragraph (1)(B); and
                      (III) the amount of funds, if any, that will
                    be required in fiscal years after fiscal year
                    1995 in order to carry out the program.
        (C) The congressional committees referred to in this
    subparagraph are the following:
              (i) The Committee on Armed Services, the Committee on
            Appropriations, and the Committee on Foreign Affairs of
            the House of Representatives.\10\
    ---------------------------------------------------------------------------
        \10\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(5) of that
    Act provided that references to the Committee on Foreign Affairs shall
    be treated as referring to the Committee on International Relations.
    ---------------------------------------------------------------------------
              (ii) The Committee on Armed Services, the Committee
            on Appropriations, and the Committee on Foreign
            Relations of the Senate.
              * * * * * * *

    SEC. 1506. RESTRICTION RELATING TO SUBMISSION OF REPORT ON
                        PROLIFERATION OF FOREIGN MILITARY SATELLITES.

        None of the funds available to the Department of Defense
    may be expended for travel by the Assistant Secretary of
    Defense for International Security Policy until the Secretary
    of Defense submits to Congress the report required by section
    1363 of the National Defense Authorization Act for Fiscal Year
    1993 (Public Law 102-484; 106 Stat. 2560).

    SEC. 1507. LIMITATION ON FUNDS FOR STUDIES PENDING RECEIPT OF
                        PREVIOUSLY REQUIRED REPORT.

        (a) Limitation.--Of the total amount specified in section
    1505 for counterproliferation activities for fiscal year 1995,
    $1,000,000 shall be withheld from obligation until the report
    described in subsection (b) has been submitted to Congress.
        (b) Report.--The report referred to in subsection (a) is
    the report required to be submitted to Congress not later than
    May 30, 1994, pursuant to section 1422 of the National Defense
    Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107
    Stat. 1829).

    SEC. 1508. SENSE OF CONGRESS CONCERNING INDEFINITE EXTENSION OF NUCLEAR
                        NON-PROLIFERATION TREATY.

        (a) Findings.--Congress makes the following findings:
              (1) The Treaty on the Non-Proliferation of Nuclear
            Weapons, signed at Washington, D.C., London, and Moscow
            on July 1, 1968, is the centerpiece of global efforts
            to prevent the spread of nuclear weapons.
              (2) The United States has demonstrated longstanding
            support for that treaty and related efforts to prevent
            the spread of nuclear weapons.
              (3) President Clinton has declared that preventing
            the spread of nuclear weapons is one of the highest
            priorities of his Administration.
              (4) In April 1995, the parties to the Treaty on the
            Non-Proliferation of Nuclear Weapons will convene a
            conference in New York City to discuss the indefinite
            extension of the treaty.
              (5) The policy of the President is to seek at that
            conference the indefinite and unconditional extension
            of that treaty.
        (b) Sense of Congress.--It is the sense of Congress that--
              (1) the President has the full support of Congress in
            seeking the indefinite and unconditional extension of
            the Treaty on the Non-Proliferation of Nuclear Weapons;
              (2) the President, when formulating and implementing
            other elements of nonproliferation policy of the United
            States (including United States counterproliferation
            doctrine, the Nuclear Posture Review, and nuclear
            testing policy), should take into account the
            objectives of the United States at the 1995 conference
            of the parties to the Treaty on the Non-Proliferation
            of Nuclear Weapons; and
              (3) the President and the President's senior national
            security advisers should dedicate themselves to
            ensuring the indefinite and unconditional extension of
            the Treaty on the Non-Proliferation of Nuclear Weapons
            at the 1995 conference for that treaty.

    SEC. 1509. NEGOTIATION OF LIMITATIONS ON NUCLEAR WEAPONS TESTING.

        (a) Findings.--Congress makes the following findings:
              (1) On January 25, 1994, the United States and 37
            other nations began negotiations for a comprehensive
            treaty to ban permanently all nuclear weapons testing.
              (2) On March 14, 1994, the President extended the
            current United States moratorium on nuclear weapons
            testing through September 1995.
              (3) The United States is seeking to extend
            indefinitely the Treaty on the Non-Proliferation of
            Nuclear Weapons at the conference of the parties to the
            Treaty to be held in New York City in April 1995.
              (4) Conclusion of a comprehensive nuclear test ban
            treaty could contribute toward successful negotiations
            to extend the Treaty on the Non-Proliferation of
            Nuclear Weapons.
              (5) Agreements to eliminate nuclear weapons testing
            and to control the spread of nuclear weapons could
            contribute to the national security of the United
            States, its allies, and other nations around the world.
        (b) Statement of Congressional Policy.--In view of the
    findings set forth in subsection (a), Congress--
              (1) applauds the President for maintaining the United
            States moratorium on nuclear weapons testing and for
            taking a leadership role toward negotiation of a
            comprehensive nuclear test ban treaty;
              (2) encourages all nuclear powers to refrain from
            conducting nuclear explosions, before the conclusion of
            a comprehensive nuclear test ban treaty; and
              (3) urges the Conference on Disarmament to make all
            possible progress toward a comprehensive nuclear test
            ban treaty by the end of 1994.
           m. National Defense Authorization Act for Fiscal Year 1994

    Partial text of Public Law 103-160 [H.R. 2401], 107 Stat. 1547 at 1841,
    approved November 30, 1993; as amended by Public Law 103-337 [National
     Defense Authorization for Fiscal Year 1995; S. 2182], 108 Stat. 2663,
        approved October 5, 1994; Public Law 104-106 [National Defense
       Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186,
       approved February 10, 1996; Public Law 104-201 [National Defense
      Authorization Act for Fiscal Year 1997; H.R. 3230], 110 Stat. 2422,
       approved September 23, 1996; Public Law 106-65 [National Defense
       Authorization Act for Fiscal Year 2000; S. 1019], 114 Stat. 512,
       approved October 5, 1999; Public Law 107-314 [Bob Stump National
     Defense Authorization Act for Fiscal Year 2003; H.R. 4546], 116 Stat.
       2458, approved December 2, 2002; and Public Law 109-163 [National
     Defense Authorization Act for Fiscal Year 2006; H.R. 1815], 119 Stat.
                         3136, approved January 6, 2006

     AN ACT To authorize appropriations for fiscal year 1994 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 1994''.
              * * * * * * *

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

                        TITLE XVI--ARMS CONTROL MATTERS

       Subtitle A--Programs in Support of the Prevention and Control of
                  Proliferation of Weapons of Mass Destruction

    SEC. 1601. STUDY OF GLOBAL PROLIFERATION OF STRATEGIC AND ADVANCED
                        CONVENTIONAL MILITARY WEAPONS AND RELATED EQUIPMENT
                        AND TECHNOLOGY.

        (a) Study.--The President shall conduct a study of (1) the
    factors that contribute to the proliferation of strategic and
    advanced conventional military weapons and related equipment
    and technologies, and (2) the policy options that are available
    to the United States to inhibit such proliferation.
        (b) Conduct of Study.--In carrying out the study the
    President shall do the following:
              (1) Identify those factors contributing to global
            weapons proliferation which can be most effectively
            regulated.
              (2) Identify and assess policy approaches available
            to the United States to discourage the transfer of
            strategic and advanced conventional military weapons
            and related equipment and technology.
              (3) Assess the effectiveness of current multilateral
            efforts to control the transfer of such military
            weapons and equipment and such technology.
              (4) Identify and examine methods by which the United
            States could reinforce these multilateral efforts to
            discourage the transfer of such weapons and equipment
            and such technology, including placing conditions on
            assistance provided by the United States to other
            nations.
              (5) Identify the circumstances under which United
            States national security interests might best be served
            by a transfer of conventional military weapons and
            related equipment and technology, and specifically
            assess whether such circumstances exist when such a
            transfer is made to an allied country which, with the
            United States, has mutual national security interests
            to be served by such a transfer.
              (6) Assess the effect on the United States economy
            and the national technology and industrial base (as
            defined by section 2491(1) of title 10, United States
            Code) which might result from potential changes in
            United States policy controlling the transfer of such
            military weapons and related equipment and technology.
        (c) Advisory Board.--(1) Within 15 days after the date of
    the enactment of this Act, the President shall establish an
    Advisory Board on Arms Proliferation Policy. The advisory board
    shall be composed of 5 members. The President shall appoint the
    members from among persons in private life who are noted for
    their stature and expertise in matters covered by the study
    required under subsection (a) and shall ensure, in making the
    appointments, that the advisory board is composed of members
    from diverse backgrounds. The President shall designate one of
    the members as chairman of the advisory board.
        (2) The President is encouraged--
              (A) to obtain the advice of the advisory board
            regarding the matters studied pursuant to subsection
            (a) and to consider that advice in carrying out the
            study; and
              (B) to ensure that the advisory board is informed in
            a timely manner and on a continuing basis of the
            results of policy reviews carried out under the study
            by persons outside the board.
        (3) The members of the advisory board shall receive no pay
    for serving on the advisory board. However, the members shall
    be allowed travel expenses and per diem in accordance with the
    regulations referred to in paragraph (6).
        (4) Upon request of the chairman of the advisory board, the
    Secretary of Defense or the head of any other Federal
    department or agency may detail, without reimbursement for
    costs, any of the personnel of the department or agency to the
    advisory board to assist the board in carrying out its duties.
        (5) The Secretary of Defense shall designate a federally
    funded research and development center with expertise in the
    matters covered by the study required under subsection (a) to
    provide the advisory board with such support services as the
    advisory board may need to carry out its duties.
        (6) Except as otherwise provided in this section, the
    provisions of the Federal Advisory Committee Act (5 U.S.C.
    App.), and the regulations prescribed by the Administrator of
    General Services pursuant to that Act, shall apply to the
    advisory board. Subsections (e) and (f) of section 10 of such
    Act do not apply to the advisory board.
        (7) The advisory board shall terminate 30 days after the
    date on which the President submits the final report of the
    advisory board to Congress pursuant to subsection (d)(2)(B).
        (d) Reports.--(1) The Advisory Board on Arms Proliferation
    Policy shall submit to the President, not later than May 15,
    1994, a report containing its findings, conclusions, and
    recommendations on the matters covered by the study carried out
    pursuant to subsection (a).
        (2) The President shall submit to Congress, not later than
    June 1, 1994--
              (A) a report on the study carried out pursuant to
            subsection (a), including the President's findings and
            conclusions regarding the matters considered in the
            study; and
              (B) the report of the Advisory Board on Arms
            Proliferation Policy received under paragraph (1),
            together with the comments, if any, of the President on
            that report.
              * * * * * * *

    SEC. 1603. STUDIES RELATING TO UNITED STATES COUNTERPROLIFERATION
                        POLICY.

        (a) Authorization To Conduct Studies.--The Secretary \1\ of
    Defense may conduct studies and analysis programs in support of
    the counterproliferation policy of the United States.
    ---------------------------------------------------------------------------
        \1\ Sec. 1505(a) of Public Law 103-337 (108 Stat. 2919) struck out
    ``During fiscal year 1994, the Secretary'' and inserted in lieu thereof
    ``The Secretary''.
    ---------------------------------------------------------------------------
        (b) Counterproliferation Studies.--Studies and analysis
    programs under this section may include programs intended to
    explore defense policy issues that might be involved in efforts
    to prevent and counter the proliferation of weapons of mass
    destruction and their delivery systems. Such efforts include--
              (1) enhancing United States military capabilities to
            deter and respond to terrorism, theft, and
            proliferation involving weapons of mass destruction;
              (2) cooperating in international programs to enhance
            military capabilities to deter and respond to
            terrorism, theft, and proliferation involving weapons
            of mass destruction; and
              (3) otherwise contributing to Department of Defense
            capabilities to deter, identify, monitor, and respond
            to such terrorism, theft, and proliferation involving
            weapons of mass destruction.
        (c) Designation of Coordinator.--The Under Secretary of
    Defense for Policy, subject to the supervision and control of
    the Secretary of Defense, shall coordinate the policy studies
    and analysis of the Department of Defense on countering
    proliferation of weapons of mass destruction and their delivery
    systems.
        (d) \2\ Report.--Not later than April 30 of each year,\3\
    the Secretary of Defense shall submit to the appropriate
    congressional committees a report on the activities carried out
    under subsection (a). Each report shall set forth for the
    twelve-month \4\ period ending on the last day of the month
    preceding the month in which the report is due the following:
    ---------------------------------------------------------------------------
        \2\ Sec. 1505(b) of Public Law 103-337 (108 Stat. 2919) struck out
    subsecs. (d) and (e), and redesignated former subsec. (f) as subsec.
    (d). Former subsecs. (d) and (e) read as follows:
        ``(d) Funds.--Funds for programs authorized in this section shall
    be derived from amounts made available to the Department of Defense for
    fiscal year 1994 or from balances in working capital accounts of the
    Department of Defense. The total amount expended for fiscal year 1994
    to carry out studies and analysis programs under subsection (a) may not
    exceed $6,000,000.
        ``(e) Restriction.--None of the funds referred to in subsection (d)
    shall be available for the purposes stated in this section until 15
    days after the date on which the Secretary of Defense submits to the
    appropriate congressional committees a report setting forth--
    ---------------------------------------------------------------------------

      ``(1) a description of all of the activities within the Department of
    Defense that are being carried out or are to be carried out for the
    purposes stated in this section;

      ``(2) the plan for coordinating and integrating those activities within
    the Department of Defense;

      ``(3) the plan for coordinating and integrating those activities with
    those of other Federal agencies; and

      ``(4) the sources of the funds to be used for such purposes.''.
    ---------------------------------------------------------------------------

        \3\ Sec. 1505(b)(3)(A) of Public Law 103-337 (108 Stat. 2919)
    struck out ``and not later than October 30 of each year'' at this
    point. Sec. 1504(b)(1) of Public Law 104-106 (110 Stat. 513) struck out
    a second comma at this point.
        \4\ Sec. 1505(b)(3)(B) of Public Law 103-337 (108 Stat. 2919)
    struck out ``six-month'' and inserted in lieu thereof ``twelve-month''.
    ---------------------------------------------------------------------------
              (1) A description of the studies and analysis carried
            out.
              (2) The amounts spent for such studies and analysis.
              (3) The organizations that conducted the studies and
            analysis.
              (4) An explanation of the extent to which such
            studies and analysis contribute \5\ to the
            counterproliferation policy of the United States and
            United States military capabilities to deter and
            respond to terrorism, theft, and proliferation
            involving weapons of mass destruction.
    ---------------------------------------------------------------------------
        \5\ Sec. 1504(b)(2) of Public Law 104-106 (110 Stat. 513) struck
    out ``contributes'' and inserted in lieu thereof ``contribute''.
    ---------------------------------------------------------------------------
              (5) A description of the measures being taken to
            ensure that such studies and analysis within the
            Department of Defense are \6\ managed effectively and
            coordinated comprehensively.
    ---------------------------------------------------------------------------
        \6\ Sec. 1504(b)(3) of Public Law 104-106 (110 Stat. 513) struck
    out ``is'' and inserted in lieu thereof ``are''.
    ---------------------------------------------------------------------------

    SEC. 1604. SENSE OF CONGRESS REGARDING UNITED STATES CAPABILITIES TO
                        PREVENT AND COUNTER WEAPONS PROLIFERATION.

        It is the sense of Congress that--
              (1) the United States should have the ability to
            counter effectively potential threats to United States
            interests that arise from the proliferation of such
            weapons;
              (2) the Department of Defense, the Department of
            State, the Department of Energy, the Arms Control and
            Disarmament Agency, and the intelligence community have
            important roles, as well as unique capabilities and
            expertise, in preventing the proliferation of weapons
            of mass destruction and dealing with the consequences
            of any proliferation of such weapons, including
            capabilities and expertise regarding--
                      (A) detection and monitoring of proliferation
                    of weapons of mass destruction;
                      (B) development of effective export control
                    regimes;
                      (C) interdiction and destruction of weapons
                    of mass destruction and related weapons
                    material; and
                      (D) carrying out international monitoring and
                    inspection regimes that relate to proliferation
                    of such weapons and material;
              (3) the Department of Defense, the Department of
            Energy, and the intelligence community have unique
            capabilities and expertise that contribute directly to
            the ability of the United States to implement United
            States policy to counter effectively the threats that
            arise from the proliferation of weapons of mass
            destruction, including capabilities and expertise
            regarding--
                      (A) responses to terrorism, theft, or
                    accidents involving weapons of mass
                    destruction;
                      (B) conduct of intrusive international
                    inspections for verification of arms control
                    treaties;
                      (C) direct and discrete counterproliferation
                    actions that require use of force; and
                      (D) development and deployment of active
                    military countermeasures and protective
                    measures against threats resulting from arms
                    proliferation, including defenses against
                    ballistic missile attacks; and
              (4) the United States should continue to maintain and
            improve its capabilities to identify, monitor, and
            respond to the proliferation of weapons of mass
            destruction and delivery systems for such weapons.

    SEC. 1605.\7\ JOINT COMMITTEE FOR REVIEW OF COUNTERPROLIFERATION \8\
                        PROGRAMS OF THE UNITED STATES.

        (a) Establishment.--(1) There is hereby established a
    Counterproliferation Program Review Committee \9\ composed of
    the following members:
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 2751 note.
        \8\ Sec. 1502(f) of Public Law 103-337 (108 Stat. 2916) struck out
    ``proliferation'' from the section catchline, inserting in lieu thereof
    ``counterproliferation''.
        \9\ Sec. 1502(a)(1)(A) of Public Law 103-337 (108 Stat. 2915)
    struck out ``Non-Proliferation Program Review Committee'' and inserted
    in lieu thereof ``Counterproliferation Program Review Committee''.
    Subpara. (B) of that section struck out subparas. (B) and (E) from this
    subsection, which referred to ``(B) The Secretary of State'', and ``(E)
    The Director of the United States Arms Control and Disarmament
    Agency''. Subpara. (C) of that section subsequently redesignated
    subparas. (C), (D), and (F) as (B), (C), and (D).
    ---------------------------------------------------------------------------
              (A) The Secretary of Defense.
              (B) \9\ The Secretary of Energy.
              (C) \9\ The Director of Central Intelligence.
              (D) \9\ The Chairman of the Joint Chiefs of Staff.
        (2) The Secretary of Defense shall chair the committee. The
    Secretary of Energy shall serve as the Vice Chairman of the
    committee.\10\
    ---------------------------------------------------------------------------
        \10\ Sec. 1502(a)(2) of Public Law 103-337 (108 Stat. 2915) added
    ``The Secretary of Energy shall serve as the Vice Chairman of the
    committee.''.
    ---------------------------------------------------------------------------
        (3) A member of the committee may designate a
    representative to perform routinely the duties of the member. A
    representative shall be in a position of Deputy Assistant
    Secretary or a position equivalent to or above the level of
    Deputy Assistant Secretary. A representative of the Chairman of
    the Joint Chiefs of Staff shall be a person in a grade
    equivalent to that of Deputy Assistant Secretary of Defense.
        (4) The Secretary of Defense may delegate to the Under
    Secretary of Defense for Acquisition, Technology, and Logistics
    \11\ the performance of the duties of the Chairman of the
    committee. The Secretary of Energy may delegate to the Under
    Secretary of Energy responsible for national security programs
    of the Department of Energy the performance of the duties of
    the Vice Chairman of the committee.\12\
    ---------------------------------------------------------------------------
        \11\ Sec. 1208(d) of the Bob Stump National Defense Authorization
    Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2668) struck
    out ``Under Secretary of Defense for Acquisition and Technology'' and
    inserted in lieu thereof ``Under Secretary of Defense for Acquisition,
    Technology, and Logisitics''. Sec. 1056(f) of the National Defense
    Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
    3440) struck out ``Logisitics'' and inserted in lieu thereof
    ``Logistics''.
        \12\ Sec. 1502(a)(3) of Public Law 103-337 (108 Stat. 2915) added
    this sentence to para. (4). Para. (4) of that subsection struck out
    para. (5), which read as follows:
        ``(5) The members of the committee shall first meet not later than
    30 days after the date of the enactment of this Act. Upon designation
    of working level officials and representatives, the members of the
    committee shall jointly notify the appropriate committees of Congress
    that the committee has been constituted. The notification shall
    identify the representatives designated pursuant to paragraph (3) and
    the working level officials of the committee.''.
    ---------------------------------------------------------------------------
        (5) \13\ The Assistant to the Secretary of Defense for
    Nuclear and Chemical and Biological Defense Programs shall
    serve as executive secretary to the committee, except that
    during any period during which that position is vacant the
    Assistant Secretary of Defense for Strategy and Threat
    Reduction shall serve as the executive secretary.
    ---------------------------------------------------------------------------
        \13\ Sec. 1309(a) of the National Defense Authorization Act for
    Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2710) added para. (5).
    It was subsequently amended and restated by sec. 1504(b) of Public Law
    106-65 (113 Stat. 808). As originally enacted, the paragraph had read
    as follows:
        ``(5) The Assistant to the Secretary of Defense for Nuclear and
    Chemical and Biological Defense Programs shall serve as executive
    secretary to the committee.''.
    ---------------------------------------------------------------------------
        (b) Purposes of the Committee.--The purposes of the
    committee are as follows:
              (1) To optimize funding for, and ensure the
            development and deployment of--
                      (A) highly effective technologies and
                    capabilities for the detection, monitoring,
                    collection, processing, analysis, and
                    dissemination of information in support of
                    United States counterproliferation policy \14\
                    and efforts, including efforts to stem the
                    proliferation of weapons of mass destruction
                    and to negate paramilitary and terrorist
                    threats involving weapons of mass destruction;
                    \15\ and
    ---------------------------------------------------------------------------
        \14\ Sec. 1502(b)(1) of Public Law 103-337 (108 Stat. 2915) struck
    out ``nonproliferation policy'' and inserted in lieu thereof
    ``counterproliferation policy''.
        \15\ Sec. 1309(b) of the National Defense Authorization Act for
    Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2710) inserted ``and
    efforts, including efforts to stem the proliferation of weapons of mass
    destruction and to negate paramilitary and terrorist threats involving
    weapons of mass destruction'' after ``counterproliferation policy''.
    ---------------------------------------------------------------------------
                      (B) disabling technologies in support of such
                    policy.
              (2) To identify and eliminate undesirable
            redundancies or uncoordinated efforts in the
            development and deployment of such technologies and
            capabilities.
              (3) \16\ To establish priorities for programs and
            funding.
    ---------------------------------------------------------------------------
        \16\ Sec. 1502(b)(2) of Public Law 103-337 (108 Stat. 2915) added
    paras. (3) through (6).
    ---------------------------------------------------------------------------
              (4) \16\ To encourage and facilitate interagency and
            interdepartmental funding of programs in order to
            ensure necessary levels of funding to develop, operate,
            and field highly-capable systems.
              (5) \16\ To ensure that Department of Energy programs
            are integrated with the operational needs of other
            departments and agencies of the Government.
              (6) \16\ To ensure that Department of Energy national
            security programs include technology demonstrations and
            prototype development of equipment.
        (c) Duties.--The committee shall--
              (1) identify and review existing and proposed
            capabilities and technologies for support of United
            States nonproliferation policy and counterproliferation
            policy \17\ with regard to--
    ---------------------------------------------------------------------------
        \17\ Sec. 1502(c)(1)(A) of Public Law 103-337 (108 Stat. 2915)
    struck out ``(including counterproliferation capabilities) and
    technologies for support of United States nonproliferation policy'' and
    inserted in lieu thereof ``and technologies for support of United
    States nonproliferation policy and counterproliferation policy''.
    ---------------------------------------------------------------------------
                      (A) intelligence;
                      (B) battlefield surveillance;
                      (C) passive defenses;
                      (D) active defenses; and \18\
    ---------------------------------------------------------------------------
        \18\ Sec. 1502(c)(1) of Public Law 103-337 (108 Stat. 2915) added
    ``and'' at the end of subpara. (D), and struck out subparas. (F) and
    (G), which had referred to inspection support and support of export
    control programs.
    ---------------------------------------------------------------------------
                      (E) counterforce capabilities;
              (2) \19\ prescribe requirements and priorities for
            the development and deployment of highly effective
            capabilities and technologies; \20\
    ---------------------------------------------------------------------------
        \19\ Sec. 1502(c)(2) and (4) of Public Law 103-337 (108 Stat. 2915)
    struck out paras. (2), (3), and (7), and redesignated paras. (4), (5),
    and (6) as paras. (2), (3), and (4). Paras. (2), (3), and (7) formerly
    provided as follows:
        ``(2) as part of the review pursuant to paragraph (1), review all
    directed energy and laser programs for detecting, characterizing, or
    interdicting weapons of mass destruction, their delivery platforms, or
    other orbiting platforms with a view to the elimination of redundancy
    and the optimization of funding for the systems not eliminated;
        ``(3) review the programs (including the crisis management program)
    developed by the Department of State to counter terrorism involving
    weapons of mass destruction and their delivery systems;
    ---------------------------------------------------------------------------

    * * * * * * *
    ---------------------------------------------------------------------------

        ``(7) in carrying out the other duties of the committee, ensure
    that all types of counterproliferation actions are considered.''.
        \20\ Sec. 1502(c)(3) of Public Law 103-337 (108 Stat. 2915) struck
    out ``to support fully the nonproliferation policy of the United
    States'' after ``technologies'' in para. (2) (redesignated from para.
    (4)).
    ---------------------------------------------------------------------------
              (3) \19\ identify deficiencies in existing
            capabilities and technologies;
              (4) \19\ formulate near-term, mid-term, and long-term
            programmatic options for meeting requirements
            established by the committee and eliminating
            deficiencies identified by the committee; and
              (5) \21\ assess each fiscal year the effectiveness of
            the committee actions during the preceding fiscal year,
            including, particularly, the status of recommendations
            made during such preceding fiscal year that were
            reflected in the budget submitted to Congress pursuant
            to section 1105(a) of title 31, United States Code, for
            the fiscal year following the fiscal year in which the
            assessment is made.
    ---------------------------------------------------------------------------
        \21\ Sec. 1502(c)(5) of Public Law 103-337 (108 Stat. 2915) added
    para. (5).
    ---------------------------------------------------------------------------
        (d) Access to Information.--The committee shall have access
    to information on all programs, projects, and activities of the
    Department of Defense, the Department of State, the Department
    of Energy, the intelligence community, and the Arms Control and
    Disarmament Agency that are pertinent to the purposes and
    duties of the committee.
        (e) \22\ Recommendations.--The committee shall submit to
    the President and the heads of all appropriate departments and
    agencies of the Government such programmatic recommendations
    regarding existing, planned, or new programs as the committee
    considers appropriate to encourage funding for capabilities and
    technologies at the level necessary to support United States
    counterproliferation policy.
    ---------------------------------------------------------------------------
        \22\ Sec. 1502(d) of Public Law 103-337 (108 Stat. 2916) amended
    and restated subsec. (e). It formerly read as follows:
        ``(e) Budget Recommendations.--The committee may submit to the
    officials referred to in subsection (a) any recommendation regarding
    existing or planned budgets as the committee considers appropriate to
    encourage funding for capabilities and technologies at the level
    necessary to support United States nonproliferation policy.''.
    ---------------------------------------------------------------------------
        (f) Termination of Committee.--The committee shall cease to
    exist at the end of September 30, 2008.\23\
    ---------------------------------------------------------------------------
        \23\ Sec. 1502(e) of Public Law 103-337 (108 Stat. 2916) struck out
    ``six months after the date on which the report of the Secretary of
    Defense under section 1606 is submitted to Congress'', and inserted in
    lieu thereof ``at the end of September 30, 1996''. Sec. 1309(c) of the
    National Defense Authorization Act for Fiscal Year 1997 (Public Law
    104-201; 110 Stat. 2710) struck out ``September 30, 1996'' and inserted
    in lieu thereof ``September 30, 2000''. Sec. 1504(a) of the National
    Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113
    Stat. 808) struck out ``September 30, 2000'' and inserted in lieu
    thereof ``September 30, 2004''. Sec. 1208(a) of the Bob Stump National
    Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116
    Stat. 2668) struck out ``September 30, 2004'' and inserted in lieu
    thereof ``September 30, 2008''.
    ---------------------------------------------------------------------------

    SEC. 1606. REPORT ON NONPROLIFERATION AND COUNTERPROLIFERATION
                        ACTIVITIES AND PROGRAMS.

        (a) Report Required.--Not later than May 1, 1994, the
    Secretary of Defense shall submit to Congress a report on the
    findings of the committee on nonproliferation activities
    established by section 1605.
        (b) Content of Report.--The report shall include the
    following matters:
              (1) A complete list, by program, of the existing,
            planned, and proposed capabilities and technologies
            reviewed by the committee, including all directed
            energy and laser programs reviewed pursuant to section
            1605(c)(2).
              (2) A complete description of the requirements and
            priorities established by the committee.
              (3) A comprehensive discussion of the near-term, mid-
            term, and long-term programmatic options formulated by
            the committee for meeting requirements prescribed by
            the committee and eliminating deficiencies identified
            by the committee, including the annual funding
            requirements and completion dates established for each
            such option.
              (4) An explanation of the recommendations made
            pursuant to section 1605(e) and a full discussion of
            the actions taken on such recommendations, including
            the actions taken to implement the recommendations.
              (5) A discussion of the existing and planned
            capabilities of the Department of Defense--
                      (A) to detect and monitor clandestine
                    programs for the acquisition or production of
                    weapons of mass destruction;
                      (B) to respond to terrorism or accidents
                    involving such weapons and thefts of materials
                    related to any weapon of mass destruction; and
                      (C) to assist in the interdiction and
                    destruction of weapons of mass destruction,
                    related weapons materials, and advanced
                    conventional weapons.
              (6) A description of--
                      (A) the extent to which the Secretary of
                    Defense has incorporated nonproliferation and
                    counterproliferation missions into the overall
                    missions of the unified combatant commands; and
                      (B) how the special operations command
                    established pursuant to section 167(a) of title
                    10, United States Code, might support the
                    commanders of the other unified combatant
                    commands and the commanders of the specified
                    combatant commands in the performance of such
                    overall missions.
        (c) Forms of Report.--The report shall be submitted in both
    unclassified and classified forms, as appropriate.

    SEC. 1607. DEFINITIONS.

        For purposes of this subtitle:
              (1) The term ``appropriate congressional committees''
            means--
                      (A) the Committee on Armed Services, the
                    Committee on Appropriations, the Committee on
                    Foreign Relations, and the Select Committee on
                    Intelligence of the Senate; and
                      (B) the Committee on Armed Services, the
                    Committee on Appropriations, the Committee on
                    Foreign Affairs, and the Permanent Select
                    Committee on Intelligence of the House of
                    Representatives.\24\
    ---------------------------------------------------------------------------
        \24\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(5) of that
    Act provided that references to the Committee on Foreign Affairs shall
    be treated as referring to the Committee on International Relations.
    ---------------------------------------------------------------------------
              (2) The term ``intelligence community'' has the
            meaning given such term in section 3 of the National
            Security Act of 1947 (50 U.S.C. 401a).

             Subtitle B--International Nonproliferation Activities

    SEC. 1611. NUCLEAR NONPROLIFERATION.

        (a) Findings.--The Congress finds the following:
              (1) The United States has been seeking to contain the
            spread of nuclear weapons technology and materials.
              (2) With the end of the Cold War and the breakup of
            the Soviet Union, the proliferation of nuclear weapons
            is now a leading military threat to the national
            security of the United States and its allies.
              (3) The United Nations Security Council declared on
            January 31, 1992, that ``proliferation of all weapons
            of mass destruction constitutes a threat to
            international peace and security'' and committed to
            taking appropriate action to prevent proliferation from
            occurring.
              (4) Aside from the five declared nuclear weapon
            states, a number of other nations have or are pursuing
            nuclear weapons capabilities.
              (5) The IAEA is a valuable international institution
            to counter proliferation, but the effectiveness of its
            system to safeguard nuclear materials may be adversely
            affected by financial constraints.
              (6) The Nuclear Non-Proliferation Treaty codifies
            world consensus against further nuclear proliferation
            and is scheduled for review and extension in 1995.
              (7) The Nuclear Nonproliferation Act of 1978 declared
            that the United States is committed to continued strong
            support for the Nuclear Non-Proliferation Treaty and to
            a strengthened and more effective IAEA, and established
            that it is United States policy to establish more
            effective controls over the transfer of nuclear
            equipment, materials, and technology.
        (b) Comprehensive Nuclear Nonproliferation Policy.--In
    order to end nuclear proliferation and reduce current nuclear
    arsenals and supplies of weapons-usable nuclear materials, it
    should be the policy of the United States to pursue a
    comprehensive policy to end the further spread of nuclear
    weapons capability, roll back nuclear proliferation where it
    has occurred, and prevent the use of nuclear weapons anywhere
    in the world, with the following additional objectives:
              (1) Successful conclusion of all pending nuclear arms
            control and disarmament agreements with all the
            republics of the former Soviet Union and their secure
            implementation.
              (2) Full participation by all the republics of the
            former Soviet Union in all multilateral nuclear
            nonproliferation efforts and acceptance of IAEA
            safeguards on all their nuclear facilities.
              (3) Strengthening of United States and international
            support to the IAEA so that the IAEA has the technical,
            financial, and political resources to verify that
            countries are complying with their nonproliferation
            commitments.
              (4) Strengthening of nuclear export controls in the
            United States and other nuclear supplier nations,
            impose sanctions on individuals, companies, and
            countries which contribute to nuclear proliferation,
            and provide increased public information on nuclear
            export licenses approved in the United States.
              (5) Reduction in incentives for countries to pursue
            the acquisition of nuclear weapons by seeking to reduce
            regional tensions and to strengthen regional security
            agreements, and encourage the United Nations Security
            Council to increase its role in enforcing international
            nuclear nonproliferation agreements.
              (6) Support for the indefinite extension of the
            Nuclear Non-Proliferation Treaty at the 1995 conference
            to review and extend that treaty and seek to ensure
            that all countries sign the treaty or participate in a
            comparable international regime for monitoring and
            safeguarding nuclear facilities and materials.
              (7) Reaching agreement with the Russian Federation to
            end the production of new types of nuclear warheads.
              (8) Pursuing, once the START I treaty and the START
            II treaty are ratified by all parties, a multilateral
            agreement to significantly reduce the strategic nuclear
            arsenals of the United States and the Russian
            Federation to below the levels of the START II treaty,
            with lower levels for the United Kingdom, France, and
            the People's Republic of China.
              (9) Reaching immediate agreement with the Russian
            Federation to halt permanently the production of
            fissile material for weapons purposes, and working to
            achieve worldwide agreements to--
                      (A) end in the shortest possible time the
                    production of weapons-usable fissile material;
                      (B) place existing stockpiles of such
                    materials under bilateral or international
                    controls; and
                      (C) require countries to place all of their
                    nuclear facilities dedicated to peaceful
                    purposes under IAEA safeguards.
              (10) Strengthening IAEA safeguards to more
            effectively verify that countries are complying with
            their nonproliferation commitments and provide the IAEA
            with the political, technical, and financial support
            necessary to implement the necessary safeguard reforms.
              (11) Conclusion of a multilateral comprehensive
            nuclear test ban treaty.
        (c) Requirements for Implementation of Policy.--(1) Not
    later than 180 days after the date of the enactment of this
    Act, the President shall submit to the Congress a report, in
    unclassified form, with a classified appendix if necessary, on
    the actions the United States has taken and the actions the
    United States plans to take during the succeeding 12-month
    period to implement each of the policy objectives set forth in
    this section.
        (2) Not later than 180 days after the date of the enactment
    of this Act, the President shall submit to the Congress a
    report in unclassified form, with a classified appendix if
    necessary, which--
              (A) addresses the implications of the adoption by the
            United States of a policy of no-first-use of nuclear
            weapons;
              (B) addresses the implications of an agreement with
            the other nuclear weapons states to adopt such a
            policy; and
              (C) addresses the implications of a verifiable
            bilateral agreement with the Russian Federation under
            which both countries withdraw from their arsenals and
            dismantle all tactical nuclear weapons, and seek to
            extend to all nuclear weapons states this zero option
            for tactical nuclear weapons.
        (d) Definitions.--For purposes of this section:
              (1) The term ``IAEA'' means the International Atomic
            Energy Agency.
              (2) The term ``IAEA safeguards'' means the safeguards
            set forth in an agreement between a country and the
            IAEA, as authorized by Article III(A)(5) of the Statute
            of the International Atomic Energy Agency.
              (3) The term ``non-nuclear weapon state'' means any
            country that is not a nuclear weapon state.
              (4) The term ``Nuclear Non-Proliferation Treaty''
            means the Treaty on the Non-Proliferation of Nuclear
            Weapons, signed at Washington, London, and Moscow on
            July 1, 1968.
              (5) The term ``nuclear weapon state'' means any
            country that is a nuclear-weapon state, as defined by
            Article IX(3) of the Treaty on the Non-Proliferation of
            Nuclear Weapons, signed at Washington, London, and
            Moscow on July 1, 1968.
              (6) The term ``weapons-usable fissile materials''
            means highly enriched uranium and separated or
            reprocessed plutonium.
              (7) The term ``policy of no first use of nuclear
            weapons'' means a commitment not to initiate the use of
            nuclear weapons.
              (8) The term ``START II treaty'' means the Treaty on
            Further Reductions and Limitations of Strategic
            Offensive Arms, signed by the United States and the
            Russian Federation on January 3, 1993.

    SEC. 1612.\25\ CONDITION ON ASSISTANCE TO RUSSIA FOR CONSTRUCTION OF
                        PLUTONIUM STORAGE FACILITY.

        (a) Limitation.--Until a certification under subsection (b)
    is made, no funds may be obligated or expended by the United
    States for the purpose of assisting the Ministry of Atomic
    Energy of Russia to construct a storage facility for surplus
    plutonium from dismantled weapons.
    ---------------------------------------------------------------------------
        \25\ 22 U.S.C. 5952 note.
    ---------------------------------------------------------------------------
        (b) \26\ Certification of Russia's Commitment to Halt
    Chemical Separation of Weapon-Grade Plutonium.--The prohibition
    in subsection (a) shall cease to apply upon a certification by
    the President to Congress that Russia--
    ---------------------------------------------------------------------------
        \26\ The President delegated functions authorized under subsecs.
    (b) and (d) to the Secretary of State in a memorandum of March 10, 1994
    (59 F.R. 14079; March 24, 1994).
    ---------------------------------------------------------------------------
              (1) is committed to halting the chemical separation
            of weapon-grade plutonium from spent nuclear fuel; and
              (2) is taking all practical steps to halt such
            separation at the earliest possible date.
        (c) Sense of Congress on Plutonium Policy.--It is the sense
    of Congress that a key objective of the United States with
    respect to the nonproliferation of nuclear weapons should be to
    obtain a clear and unequivocal commitment from the Government
    of Russia that it will (1) cease all production and separation
    of weapon-grade plutonium, and (2) halt chemical separation of
    plutonium produced in civil nuclear power reactors.
        (d) Report.--Not later than June 1, 1994, the President
    shall submit to Congress a report on the status of efforts by
    the United States to secure the commitments and achieve the
    objective described in subsections (b) and (c). The President
    shall include in the report a discussion of the status of joint
    efforts by the United States and Russia to replace any
    remaining Russian plutonium production reactors with
    alternative power sources or to convert such reactors to
    operation with alternative fuels that would permit their
    operation without generating weapon-grade plutonium.

    SEC. 1613. NORTH KOREA AND THE TREATY ON THE NON-PROLIFERATION OF
                        NUCLEAR WEAPONS.

        (a) Findings.--The Congress finds the following:
              (1) The Treaty on the Non-Proliferation of Nuclear
            Weapons, to which 156 states are party, is the
            cornerstone of the international nuclear
            nonproliferation regime.
              (2) Any nonnuclear weapon state that is a party to
            the Treaty on the Non-Proliferation of Nuclear Weapons
            is obligated to accept International Atomic Energy
            Agency safeguards on all source or special fissionable
            material that is within its territory, under its
            jurisdiction, or carried out under its control
            anywhere.
              (3) The International Atomic Energy Agency is
            permitted to conduct inspections in a nonnuclear weapon
            state that is a party to the Treaty at any site,
            whether or not declared by that state, to ensure that
            all source or special fissionable material in that
            state is under safeguards.
              (4) North Korea acceded to the Treaty on the Non-
            Proliferation of Nuclear Weapons as a nonnuclear
            weapons state in December 1985.
              (5) North Korea, after acceding to that Treaty,
            refused until 1992 to accept International Atomic
            Energy Agency safeguards as required under the Treaty.
              (6) Inspections of North Korea's nuclear materials by
            the International Atomic Energy Agency suggested
            discrepancies in North Korea's declarations regarding
            special nuclear materials.
              (7) North Korea has not given a scientifically
            satisfactory explanation for those discrepancies.
              (8) North Korea refused to provide International
            Atomic Energy Agency inspectors with full access to two
            sites for the purposes of verifying its compliance with
            the Treaty on the Non-Proliferation of Nuclear Weapons.
              (9) When called upon by the International Atomic
            Energy Agency to provide such full access as required
            by the Treaty, North Korea announced its intention to
            withdraw from the Treaty, effective after the required
            three months notice.
              (10) After intensive negotiations with the United
            States, North Korea agreed to suspend its intention to
            withdraw from the Treaty on the Non-Proliferation of
            Nuclear Weapons and begin consultations with the
            International Atomic Energy Agency on providing access
            to its suspect sites.
              (11) In an attempt to persuade North Korea to abandon
            its nuclear weapons program, the United States has
            offered to discuss with North Korea specific incentives
            that could be provided for North Korea once (A)
            outstanding inspection issues between North Korea and
            the International Atomic Energy Agency are resolved,
            and (B) progress is made in bilateral talks between
            North Korea and South Korea.
        (b) Congressional Statements.--The Congress--
              (1) notes that the continued refusal of North Korea
            nearly eight years after ratification of the Treaty on
            the Non-Proliferation of Nuclear Weapons to fully
            accept International Atomic Energy Agency safeguards
            raises serious questions regarding a possible North
            Korean nuclear weapons program;
              (2) notes that possession by North Korea of nuclear
            weapons (A) would threaten peace and stability in Asia,
            (B) would jeopardize the existing nuclear non-
            proliferation regime, and (C) would undermine the goal
            of the United States to extend the Treaty on the Non-
            Proliferation of Nuclear Weapons at the 1995 review
            conference;
              (3) urges continued pressure from the President,
            United States allies, and the United Nations Security
            Council on North Korea to adhere to the Treaty and
            provide full access to the International Atomic Energy
            Agency in the shortest time possible;
              (4) urges the President, United States allies, and
            the United Nations Security Council to press for
            continued talks between North Korea and South Korea on
            denuclearization of the Korean peninsula;
              (5) urges that no trade, financial, or other economic
            benefits be provided to North Korea by the United
            States or United States allies until North Korea has
            (A) provided full access to the International Atomic
            Energy Agency, (B) satisfactorily explained any
            discrepancies in its declarations of bomb-grade
            material, and (C) fully demonstrated that it does not
            have or seek a nuclear weapons capability; and
              (6) calls on the President and the international
            community to take steps to strengthen the international
            nuclear nonproliferation regime.

    SEC. 1614. SENSE OF CONGRESS RELATING TO THE PROLIFERATION OF SPACE
                        LAUNCH VEHICLE TECHNOLOGIES.

        (a) Findings.--The Congress finds the following:
              (1) The United States has joined with other nations
            in the Missile Technology Control Regime (MTCR), which
            restricts the transfer of missiles or equipment or
            technology that could contribute to the design,
            development, or production of missiles capable of
            delivering weapons of mass destruction.
              (2) Missile technology is indistinguishable from, and
            interchangeable with, space launch vehicle technology.
              (3) Transfers of missile technology or space launch
            vehicle technology cannot be safeguarded in a manner
            that would provide timely warning of diversion for
            military purposes.
              (4) It has been United States policy since agreeing
            to the guidelines of the Missile Technology Control
            Regime to treat the sale or transfer of space launch
            vehicle technology as restrictively as the sale or
            transfer of missile technology.
              (5) Previous congressional action on missile
            proliferation, notably title XVII of the National
            Defense Authorization Act for Fiscal Year 1991 (Public
            Law 101-510; 104 Stat. 1738), has explicitly supported
            the policy described in paragraph (4) through such
            actions as the statutory definition of the term
            ``missile'' to mean ``a category I system as defined in
            the MTCR Annex, and any other unmanned delivery system
            of similar capability, as well as the specially
            designed production facilities for these systems''.
              (6) There is strong evidence that emerging national
            space launch programs in the Third World are not
            economically viable.
              (7) The United States has been successful in
            dissuading other countries from pursuing space launch
            vehicle programs in part by offering to cooperate with
            those countries in other areas of space science and
            technology.
              (8) The United States has successfully dissuaded
            other MTCR adherents, and countries who have agreed to
            abide by MTCR guidelines, from providing assistance to
            emerging national space launch programs in the Third
            World.
        (b) Strict Interpretation of MTCR.--The Congress supports
    the strict interpretation by the United States of the Missile
    Technology Control Regime concerning--
              (1) the inability to distinguish space launch vehicle
            technology from missile technology under the regime;
            and
              (2) the inability to safeguard space launch vehicle
            technology in a manner that would provide timely
            warning of the diversion of such technology to military
            purposes.
        (c) Sense of Congress.--It is the sense of Congress that
    the United States Government and the governments of other
    nations adhering to the Missile Technology Control Regime
    should be recognized by the international community for--
              (1) the success of those governments in restricting
            the export of space launch vehicle technology and of
            missile technology; and
              (2) the significant contribution made by the
            imposition of such restrictions to reducing the
            proliferation of missile technology capable of being
            used to deliver weapons of mass destruction.
        (d) Definition.--For purposes of this section, the term
    ``Missile Technology Control Regime'' or ``MTCR'' means the
    policy statement, between the United States, the United
    Kingdom, the Federal Republic of Germany, France, Italy,
    Canada, and Japan, announced on April 16, 1987, to restrict
    sensitive missile-relevant transfers based on the MTCR Annex,
    and any amendments thereto.
           n. National Defense Authorization Act for Fiscal Year 1993

        Partial text of Public Law 102-484 [H.R. 5006], 106 Stat. 2315,
     approved October 23, 1992; as amended by Public Law 103-160 [National
     Defense Authorization Act for Fiscal Year 1994; H.R. 2401], 107 Stat.
    1547, approved November 30, 1993; Public Law 103-337 [National Defense
       Authorization Act for Fiscal Year 1995; S. 2182], 108 Stat. 2663,
    approved October 5, 1994; Public Law 104-99 [Foreign Operations, Export
     Financing, and Related Programs Appropriations Act, 1996; H.R. 1868,
    enacted by reference in H.R. 2880], 110 Stat. 26, approved January 26,
     1996, enacted again as Public Law 104-107 [H.R. 1868], 110 Stat. 755,
      approved February 12, 1996; Public Law 104-208 [Foreign Operations,
       Export Financing, and Related Programs Appropriations Act, 1997;
     enacted by incorporation into the Omnibus Consolidated Appropriations
    Act, 1997; H.R. 3610], 110 Stat. 3009, 3009-121, approved September 30,
      1996; Public Law 106-113 [Foreign Operations, Export Financing, and
       Related Programs Appropriations Act, 2000; H.R. 3422, enacted by
    reference in the Consolidated Appropriations Act, 2000; H.R. 3194], 113
     Stat. 1501, 1501A-63, approved November 29, 1999; and Public Law 107-
        115 [Foreign Operations, Export Financing, and Related Programs
     Appropriations Act, 2002; H.R. 2506], 115 Stat 2118, approved January
                                    10, 2002

     AN ACT To authorize appropriations for fiscal year 1993 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
       personnel strengths for such fiscal year for the Armed Forces, to
            provide for defense conversion, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Defense
    Authorization Act for Fiscal Year 1993''.
              * * * * * * *

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

              * * * * * * *

            TITLE XIII--MATTERS RELATING TO ALLIES AND OTHER NATIONS

              * * * * * * *

      Subtitle C--Matters Relating to the Former Soviet Union and Eastern
                                     Europe

    SEC. 1321.\1\ NUCLEAR WEAPONS REDUCTION.

        (a) Findings.--The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 5901 note.
    ---------------------------------------------------------------------------
              (1) On February 1, 1992, the President of the United
            States and the President of the Russian Federation
            agreed in a Joint Statement that ``Russia and the
            United States do not regard each other as potential
            adversaries'' and stated further that, ``We will work
            to remove any remnants of cold war hostility, including
            taking steps to reduce our strategic arsenals''.
              (2) In the Treaty on the Non-Proliferation of Nuclear
            Weapons, in exchange for the non-nuclear-weapon states
            agreeing not to seek a nuclear weapons capability nor
            to assist other non-nuclear-weapon states in doing so,
            the United States agreed to seek the complete
            elimination of all nuclear weapons worldwide, as
            declared in the preamble to the Treaty, which states
            that it is a goal of the parties to the Treaty to
            ``facilitate the cessation of the manufacture of
            nuclear weapons, the liquidation of all their existing
            stockpiles, and the elimination from national arsenals
            of nuclear weapons and the means of their delivery'' as
            well as in Article VI of the Treaty, which states that
            ``each of the parties to the Treaty undertakes to
            pursue negotiations in good faith on effective measures
            relating to the cessation of the nuclear arms race at
            an early date and to nuclear disarmament''.
              (3) Carrying out a policy of seeking further
            significant and continuous reductions in the nuclear
            arsenals of all countries, besides reducing the
            likelihood of the proliferation of nuclear weapons and
            increasing the likelihood of a successful extension and
            possible strengthening of the Treaty on the Non-
            Proliferation of Nuclear Weapons in 1995, when the
            Treaty is scheduled for review and possible extension,
            has additional benefits to the national security of the
            United States, including--
                      (A) a reduced risk of accidental enablement
                    and launch of a nuclear weapon, and
                      (B) a defense cost savings which could be
                    reallocated for deficit reduction or other
                    important national needs.
              (4) The Strategic Arms Reduction Talks (START) Treaty
            and the agreement by the President of the United States
            and the President of the Russian Federation on June 17,
            1992, to reduce the strategic nuclear arsenals of each
            country to a level between 3,000 and 3,500 weapons are
            commendable intermediate stages in the process of
            achieving the policy goals described in paragraphs (1)
            and (2).
              (5) The current international era of cooperation
            provides greater opportunities for achieving worldwide
            reduction and control of nuclear weapons and material
            than any time since the emergence of nuclear weapons 50
            years ago.
              (6) It is in the security interests of both the
            United States and the world community for the President
            and the Congress to begin the process of reducing the
            number of nuclear weapons in every country through
            multilateral agreements and other appropriate means.
              (7) In a 1991 study, a committee of the National
            Academy of Sciences concluded that: ``The appropriate
            new levels of nuclear weapons cannot be specified at
            this time, but it seems reasonable to the committee
            that U.S. strategic forces could in time be reduced to
            1,000-2,000 nuclear warheads, provided that such a
            multilateral agreement included appropriate levels and
            verification measures for the other nations that
            possess nuclear weapons. This step would require
            successful implementation of our proposed post-START
            U.S.-Soviet reductions, related confidence-building
            measures in all the countries involved, and
            multilateral security cooperation in areas such as
            conventional force deployments and planning.''.
        (b) United States Policy.--It shall be the goal of the
    United States--
              (1) to encourage and facilitate the denuclearization
            of Ukraine, Byelarus, and Kazakhstan, as agreed upon in
            the Lisbon ministerial meeting of May 23, 1992;
              (2) to rapidly complete and submit for ratification
            by the United States the treaty incorporating the
            agreement of June 17, 1992, between the United States
            and the Russian Federation to reduce the number of
            strategic nuclear weapons in each country's arsenal to
            a level between 3,000 and 3,500;
              (3) to facilitate the ability of the Russian
            Federation, Ukraine, Byelarus, and Kazakhstan to
            implement agreed mutual reductions under the START
            Treaty, and under the Joint Understanding of June 16-
            17, 1992 between the United States and the Russian
            Federation, on an accelerated timetable, so that all
            such reductions can be completed by the year 2000;
              (4) to build on the agreement reached in the Joint
            Understanding of June 16-17, 1992, by entering into
            multilateral negotiations with the Russian Federation,
            the United Kingdom, France, and the People's Republic
            of China, and, at an appropriate point in that process,
            enter into negotiations with other nuclear armed states
            in order to reach subsequent stage-by-stage agreements
            to achieve further reductions in the number of nuclear
            weapons in all countries;
              (5) to continue and extend cooperative discussions
            with the appropriate authorities of the former Soviet
            military on means to maintain and improve secure
            command and control over nuclear forces;
              (6) in consultation with other member countries of
            the North Atlantic Treaty Organization and other
            allies, to initiate discussions to bring tactical
            nuclear weapons into the arms control process; and
              (7) to ensure that the United States assistance to
            securely transport and store, and ultimately dismantle,
            former Soviet nuclear weapons and missiles for such
            weapons is being properly and effectively utilized.
        (c) Annual Report.--By February 1 of each year, the
    President shall submit to the Congress a report on--
              (1) the actions that the United States has taken, and
            the actions the United States plans to take during the
            next 12 months, to achieve each of the goals set forth
            in paragraphs (1) through (6) of subsection (b); and
              (2) the actions that have been taken by the Russian
            Federation, by other former Soviet republics, and by
            other countries to achieve those goals.
    Each such report shall be submitted in unclassified form, with
    a classified appendix if necessary.

    SEC. 1322.\2\ VOLUNTEERS INVESTING IN PEACE AND SECURITY (VIPS)
                        PROGRAM. * * *
    ---------------------------------------------------------------------------

        \2\ For amendment to 10 U.S.C. 1801-1805, see Legislation on
    Foreign Relations Through 2005, vol. I-B. Freestanding subsections of
    sec. 1322 may also be found in that volume.
    ---------------------------------------------------------------------------
              * * * * * * *

                           Subtitle G--Other Matters

              * * * * * * *

    SEC. 1364. REPORT ON INTERNATIONAL MINE CLEARING EFFORTS IN REFUGEE
                        SITUATIONS.

        (a) Findings.--The Congress finds that--
              (1) an estimated 10-20 million mines are scattered
            across Cambodia, Afghanistan, Somalia, Angola, and
            other countries which have experienced conflict; and
              (2) refugee repatriation and other humanitarian
            programs are being seriously hampered by the widespread
            use of anti-personnel mines in regional conflicts and
            civil wars.
        (b) Report.--(1) The President shall provide a report on
    international mine clearing efforts in situations involving the
    repatriation and resettlement of refugees and displaced
    persons.
        (2) The report shall include the following:
              (A) An assessment of mine clearing needs in countries
            to which refugees and displaced persons are now
            returning, or are likely to return within the near
            future, including Cambodia, Angola, Afghanistan,
            Somalia and Mozambique, and an assessment of current
            international efforts to meet the mine clearing needs
            in the countries covered by the report.
              (B) An analysis of the specific types of mines in the
            individual countries assessed and the availability of
            technology and assets within the international
            community for their removal.
              (C) An assessment of what additional technologies and
            assets would be required to complete, expedite or
            reduce the costs of mine clearing efforts.
              (D) An evaluation of the availability of technologies
            and assets within the United States Government which,
            if called upon, could be employed to augment or
            complete mine clearing efforts in the countries covered
            by the report.
              (E) An evaluation of the desirability, feasibility
            and potential cost of United States assistance on
            either a unilateral or multilateral basis in such mine
            clearing operations.
        (3) The report shall be submitted to the Congress not later
    than 180 days after the date of the enactment of this Act.

    SEC. 1365.\3\ LANDMINE EXPORT MORATORIUM.

        (a) Findings.--The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2778 note.
    ---------------------------------------------------------------------------
              (1) Anti-personnel landmines, which are specifically
            designed to maim and kill people, have been used
            indiscriminately in dramatically increasing numbers,
            primarily in insurgencies in poor developing countries.
            Noncombatant civilians, including tens of thousands of
            children, have been the primary victims.
              (2) Unlike other military weapons, landmines often
            remain implanted and undiscovered after conflict has
            ended, causing untold suffering to civilian
            populations. In Afghanistan, Cambodia, Laos, Vietnam,
            and Angola, tens of millions of unexploded landmines
            have rendered whole areas uninhabitable. In
            Afghanistan, an estimated hundreds of thousands of
            people have been maimed and killed by landmines during
            the 14-year civil war. In Cambodia, more than 20,000
            civilians have lost limbs and another 60 are being
            maimed each month from landmines.
              (3) Over 35 countries are known to manufacture
            landmines, including the United States. However, the
            United States is not a major exporter of landmines.
            During the past ten years the Department of State has
            approved ten licenses for the commercial export of
            anti-personnel landmines valued at $980,000, and during
            the past five years the Department of Defense has
            approved the sale of 13,156 anti-personnel landmines
            valued at $841,145.
              (4) The United States signed, but has not ratified,
            the 1981 Convention on Prohibitions or Restrictions on
            the Use of Certain Conventional Weapons Which May Be
            Deemed To Be Excessively Injurious or To Have
            Indiscriminate Effects. The Convention prohibits the
            indiscriminate use of landmines.
              (5) When it signed the Convention, the United States
            stated: ``We believe that the Convention represents a
            positive step forward in efforts to minimize injury or
            damage to the civilian population in time of armed
            conflict. Our signature of the Convention reflects the
            general willingness of the United States to adopt
            practical and reasonable provisions concerning the
            conduct of military operations, for the purpose of
            protecting noncombatants.''.
              (6) The President should submit the Convention to the
            Senate for its advice and consent to ratification, and
            the President should actively negotiate under United
            Nations auspices or other auspices an international
            agreement, or a modification of the Convention, to
            prohibit the sale, transfer or export of anti-personnel
            landmines. Such an agreement or modification would be
            an appropriate response to the end of the Cold War and
            the promotion of arms control agreements to reduce the
            indiscriminate killing and maiming of civilians.
              (7) The United States should set an example for other
            countries in such negotiations, by implementing a one-
            year moratorium on the sale, transfer or export of
            anti-personnel landmines.
        (b) Statement of Policy.--(1) It shall be the policy of the
    United States to seek verifiable international agreements
    prohibiting the sale, transfer, or export, and further limiting
    the use, production, possession, and deployment of anti-
    personnel landmines.
        (2) It is the sense of the Congress that the President
    should actively seek to negotiate under United Nations auspices
    or other auspices an international agreement, or a modification
    of the Convention, to prohibit the sale, transfer, or export of
    anti-personnel landmines.
        (c) Moratorium on Transfers of Anti-Personnel Landmines
    Abroad.--During the 16-year period beginning on October 23,
    1992-- \4\
    ---------------------------------------------------------------------------
        \4\ Sec. 1423(c) of the National Defense Authorization Act for
    Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1832) struck out ``For
    a period of one year beginning on the date of the enactment of this
    Act'', and inserted in lieu thereof ``During the four-year period
    beginning on October 23, 1992''. Sec. 558 of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 1996 (Public
    Law 104-107; 110 Stat. 743) later struck out ``During the four-year
    period beginning on October 23, 1992'' and inserted in lieu thereof
    ``During the five-year period beginning on October 23, 1992''. Next,
    sec. 556 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 1997 (enacted by incorporation into the
    Omnibus Consolidated Appropriations Act, 1997; Public Law 104-208; 110
    Stat. 3009, 3009-161) struck out ``During the five-year period
    beginning on October 23, 1992'' and inserted in lieu thereof ``During
    the eight-year period beginning on October 23, 1992''. Subsequently
    sec. 553 of the Foreign Operations, Export Financing, and Related
    Programs Appropriations Act, 2000 (H.R. 3422, enacted by sec.
    1000(a)(2) of Public Law 106-113; 113 Stat. 1535, 1501A-99) struck out
    ``During the five-year period beginning on October 23, 1992'' (despite
    the previous amendment to an ``eight-year period'' in sec. 556 of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1997) and inserted in lieu thereof ``During the 11-
    year period beginning on October 23, 1992''.
        Most recently, sec. 548 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2002 (Public Law
    107-115; 115 Stat. 2156) struck out ``During the 11-year period
    beginning on October 23, 1992'' and inserted in lieu thereof ``During
    the 16-year period beginning on October 23, 1992''.
    ---------------------------------------------------------------------------
              (1) no sale may be made or financed, no transfer may
            be made, and no license for export may be issued, under
            the Arms Export Control Act, with respect to any anti-
            personnel landmine; and
              (2) no assistance may be provided under the Foreign
            Assistance Act of 1961, with respect to the provision
            of any anti-personnel landmine.
        (d) \5\ Definition.--For purposes of this section, the term
    ``anti-personnel landmine'' means--
    ---------------------------------------------------------------------------
        \5\ Sec. 1182(c)(3) of Public Law 103-160 (107 Stat. 1772) struck
    out ``(e) Definition.--'' and inserted in lieu thereof ``(d)
    Definition.--''.
    ---------------------------------------------------------------------------
              (1) any munition placed under, on, or near the ground
            or other surface area, or delivered by artillery,
            rocket, mortar, or similar means or dropped from an
            aircraft and which is designed to be detonated or
            exploded by the presence, proximity, or contact of a
            person;
              (2) any device or material which is designed,
            constructed, or adapted to kill or injure and which
            functions unexpectedly when a person disturbs or
            approaches an apparently harmless object or performs an
            apparently safe act;
              (3) any manually-emplaced munition or device designed
            to kill, injure, or damage and which is actuated by
            remote control or automatically after a lapse of time.

           TITLE XIV--DEMILITARIZATION OF THE FORMER SOVIET UNION \6\

              * * * * * * *
    ---------------------------------------------------------------------------
        \6\ For text of this title, the ``Former Soviet Union
    Demilitarization Act of 1992'', see page 143 of this volume.
    ---------------------------------------------------------------------------

                         TITLE XV--NONPROLIFERATION \7\

              * * * * * * *
    ---------------------------------------------------------------------------
        \7\ For text of this title, the ``Weapons of Mass Destruction
    Control Act of 1992'', see page 289 of this volume.
    ---------------------------------------------------------------------------

          TITLE XVI--IRAN-IRAQ ARMS NON-PROLIFERATION ACT OF 1992 \8\

              * * * * * * *
    ---------------------------------------------------------------------------
        \8\ For text of this title, the ``Iran-Iraq Arms Non-Proliferation
    Act of 1992'', see page 296 of this volume.
    ---------------------------------------------------------------------------

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *

         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 negotiations and agreements, with the goal of
    achieving verifiable agreements in the following areas:
              (1) Dismantlement of nuclear weapons.
              (2) The safeguard and permanent disposal of nuclear
            materials.
              (3) An end by the United States and member states of
            the Commonwealth of Independent States to the
            production of plutonium and highly enriched uranium for
            nuclear weapons.
              (4) The extension of negotiations on these issues to
            all nations capable of producing nuclear weapons
            materials.
        (b) Exchanges of Information.--The Congress urges the
    President, in order to establish a data base on production
    capabilities of member states of the Commonwealth of
    Independent States and their stockpiles of fissile materials
    and nuclear weapons, to seek to achieve agreements with such
    states to reciprocally release information on--
              (1) United States and the member states nuclear
            weapons stockpiles, including the number of warheads
            and bombs by type, and schedules for weapons production
            and dismantlement;
              (2) the location, mission, and maximum annual
            production capacity of United States and member states
            facilities that are essential to the production of
            tritium for replenishment of that nation's tritium
            stockpile;
              (3) the inventory of United States and member states
            facilities dedicated to the production of plutonium and
            highly enriched uranium for weapons purposes; and
              (4) United States and members states stockpiles of
            plutonium and highly enriched uranium used for nuclear
            weapons.
        (c) Technical Working Groups.--The Congress urges the
    President, in order to facilitate the achievement of agreements
    referred to in subsection (a), to establish with member states
    of the Commonwealth of Independent States and with other
    nations capable of producing nuclear weapons material bilateral
    or multilateral technical working groups to examine and
    demonstrate cooperative technical monitoring and inspection
    arrangements that could be applied to the verification of--
              (1) information on mission, location, and maximum
            annual production capacity of nuclear material
            production facilities and the size of stockpiles of
            plutonium and highly enriched uranium;
              (2) nuclear arms reduction agreements that would
            include provisions requiring the verifiable
            dismantlement of nuclear warheads; and
              (3) bilateral or multilateral agreements to halt the
            production of plutonium and highly enriched uranium for
            nuclear weapons.
        (d) Report.--The President shall submit to the Congress,
    not later than March 31, 1993, a report on the progress made by
    the President in implementing the actions called for in
    subsections (a) through (c).
        (e) Production by Commonwealth of Independent States.--The
    Congress urges the Presidents of the member states of the
    Commonwealth of Independent States--
              (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.

    SEC. 3152. AUTHORITY TO RELEASE CERTAIN RESTRICTED DATA.

        Section 142 of the Atomic Energy Act of 1954 (42 U.S.C.
    2162) is amended * * *

    SEC. 3153. DEVELOPMENT AND DEMONSTRATION PROGRAM.

        (a) Program.--Of funds authorized to be appropriated in
    section 3104 for fiscal year 1993 for verification and control
    activities, $10,000,000 shall be available only to carry out a
    program--
              (1) to develop and demonstrate a means for verifiable
            dismantlement of nuclear warheads;
              (2) to safeguard and dispose of nuclear materials;
            and
              (3) to develop reliable techniques and procedures for
            verifying a global ban on the production of fissile
            materials for weapons purposes.
      (b) Report.--The Secretary shall include a report on such
    program in budget justification documents submitted to Congress
    in support of the budget of the Department of Energy for fiscal
    year 1994. The report shall be submitted in both classified and
    unclassified form.

    SEC. 3154. PRODUCTION OF TRITIUM.

        Nothing in this part may be construed as intending to
    affect the production of tritium.
              * * * * * * *
      o. 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 activities 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,
              * * * * * * *

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                              TITLE I--PROCUREMENT

              * * * * * * *

                             Part F--Other Matters

              * * * * * * *

    SEC. 153. LIMITATIONS RELATING TO REDEPLOYMENT OF MINUTEMAN III 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.
              * * * * * * *

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

          TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              * * * * * * *

                             Part C--Miscellaneous

              * * * * * * *

    SEC. 3140. REPORT ON SCHEDULE FOR RESUMPTION OF NUCLEAR TESTING TALKS
                        AND TEST BAN READINESS PROGRAM.

      (a) Sense of Congress.--It is the sense of Congress that the
    United States and the Soviet Union share a special
    responsibility to resume the Nuclear Testing Talks to continue
    negotiations toward additional limitations on nuclear weapons
    testing.
      (b) Report.--Not later than 60 days after the date of the
    enactment of this Act, the President shall submit to Congress a
    report containing a proposed schedule for resumption of the
    Nuclear Testing Talks and identifying the goals to be pursued
    in those talks.
      (c) Nuclear Test Ban Readiness Program.--Of the funds
    appropriated to the Department of Energy for fiscal year 1992
    for weapons activities, $20,000,000 shall be available to
    conduct the nuclear test ban readiness program established
    pursuant to section 1436 of the National Defense Authorization
    Act, Fiscal Year 1989 (Public Law 100-456; 42 U.S.C. 2121
    note).

    SEC. 3141. WARHEAD DISMANTLEMENT AND MATERIAL DISPOSAL.

      (a) Findings.--The Congress makes the following findings:
              (1) On September 27, 1991, the President announced as
            part of a unilateral initiative designed to ``enhance
            stability and reduce the risk of nuclear war,'' that
            the United States should explore with the Soviet Union
            ``joint technical cooperation on the safe and
            environmentally responsible storage, transportation,
            dismantling, and destruction of nuclear weapons''.
              (2) On October 5, 1991, the President of the Soviet
            Union stated in response that ``We hereby stress
            readiness to embark on a specific dialogue with the
            United States on the elaboration of safe and
            ecologically responsible technologies for the storage
            and transportation of nuclear warheads and nuclear
            charges, and to design jointly measures to enhance
            nuclear safety''.
              (3) The President's initiative and the Soviet
            response hold out the prospect of enhancing stability
            and reducing the risk of nuclear war.
      (b) Congressional Endorsement.--Congress strongly endorses
    the initiative proposed by the President and the Soviet
    response and looks forward--
              (1) to hearing the proposed initiatives of the
            President during the congressional review of the
            President's proposed budget for fiscal year 1993; and
              (2) to helping facilitate such initiatives through
            appropriate legislative measures which are requested by
            the President.
      (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.
              * * * * * * *
           p. National Defense Authorization Act for Fiscal Year 1991

    Partial text of Public Law 101-510 [H.R. 4739], 104 Stat. 1485 at 1689,
     approved November 5, 1990; as amended by Public Law 102-190 [National
     Defense Authorization Act for Fiscal Years 1992 and 1993; H.R. 2100],
                   105 Stat. 1290, approved December 5, 1991

     AN ACT To authorize appropriations for fiscal year 1991 for military
    activities 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,
              * * * * * * *

                         TITLE XIV--GENERAL PROVISIONS

              * * * * * * *

                          Part D--Arms Control Matters

              * * * * * * *

    SEC. 1441. SENSE OF CONGRESS ON ADDITIONAL NUCLEAR RISK REDUCTION
                        MEASURES

      (a) Findings.--Congress makes the following findings:
              (1) On June 1, 1990, the President of the United
            States and the President of the Soviet Union signed a
            document entitled ``Joint Statement on Future
            Negotiations on Nuclear and Space Arms and Further
            Enhancing Strategic Stability''.
              (2) In that document, the two nations pledged to
            pursue additional confidence-building and
            predictability measures ``that would reduce the
            possibility of an outbreak of nuclear war as a result
            of accident, miscalculation, terrorism, or unexpected
            technological breakthrough, and would prevent possible
            incidents between them''.
              (3) As a result of the recent increase in ethnic,
            national, economic, and political tensions within the
            Soviet Union, concern has heightened regarding the
            possible unauthorized or accidental use of Soviet
            nuclear weapons.
              (4) It has been four years since the Department of
            Defense conducted a comprehensive review of its nuclear
            control procedures and failsafe mechanisms.
              (5) The Joint Chiefs of Staff, in its 1990 Joint
            Military Net Assessment, concluded that with the recent
            changes in the global security environment ``the risk
            of nuclear deterrence failing is assessed to be low and
            at this moment to be decreasing''.
              (6) While Congress is concerned about continued
            strategic offensive and defensive modernization by the
            Soviet Union and the unpredictable status of the
            domestic situation in the Soviet Union, at this stage
            the lessened prospects that nuclear weapons of the
            United States might have to be employed may afford an
            opportunity to reconsider past reluctance to use
            certain positive control measures, such as the
            installation of permissive action links (PALs) on
            nuclear weapons deployed at sea by the United States
            and the installation of post-launch destruct mechanisms
            on intercontinental ballistic missiles (ICBMs) and
            submarine launched ballistic missiles (SLBMs) deployed
            by the United States, as long as appropriate security
            measures can be developed to protect the integrity of
            such destruct mechanisms.
              (7) On September 15, 1987, the United States and the
            Soviet Union agreed to establish Nuclear Risk Reduction
            Centers (NRRCs) in Washington and Moscow.
              (8) The NRRCs have made a useful contribution to
            lowering the risks of accidental or inadvertent nuclear
            war and are capable of taking on expanded roles.
      (b) Sense of Congress.--It is the sense of Congress--
              (1) that the President of the United States and the
            President of the Union of Soviet Socialist Republics
            are to be commended for their June 1, 1990, joint
            statement to pursue additional nuclear confidence-
            building measures; and
              (2) that, in keeping with that joint statement, the
            President--
                      (A) should invite the Soviet Union to join
                    with the United States in conducting separate
                    but parallel, comprehensive reviews of each
                    nation's own nuclear control procedures and
                    failsafe mechanisms; and
                      (B) should propose to the Soviet Union that
                    representatives of the two nations engage in
                    discussions with the objective of agreeing on
                    additional roles and functions that could be
                    assigned to the Nuclear Risk Reduction Centers
                    to further lessen the risks of the outbreak of
                    nuclear war as the result of misinterpretation,
                    miscalculation, or accident.
      (c) Report on Additional Measures.--Not later than March 1,
    1991, the President shall submit to Congress a report (in both
    classified and unclassified form) assessing additional nuclear
    risk reduction measures which could be implemented pursuant to
    the joint statement of June 1, 1990, referred to in subsection
    (b), including the following:
              (1) Assigning to the Nuclear Risk Reduction Centers
            (NRRCs) such expanded roles as the following:
                       (A) Serving as a forum for discussions
                    between the two nations on responding to
                    possible nuclear terrorism.
                      (B) Transmitting notifications that may be
                    required under future arms control treaties.
                      (C) Transmitting non-urgent notifications and
                    information requests required under Article 5
                    of the 1971 Agreement on Measures to Reduce the
                    Risk of Outbreak of Nuclear War Between the
                    United States and the Union of Soviet Socialist
                    Republics.
                      (D) Providing a forum for discussions between
                    the United States and the Soviet Union on
                    restricting nuclear, chemical, and missile
                    proliferation.
                      (E) Serving as a meeting place for high-level
                    military discussions on nuclear doctrines,
                    forces and activities, and regional security
                    concerns.
              (2) Installation of post-launch destruct mechanisms
            on all intercontinental ballistic missiles (ICBMs) and
            submarine launched ballistic missiles (SLBMs) deployed
            by the United States.
              (3) Installation by the United States of permissive
            action links (PALs) on all nuclear weapons at sea.

    SEC. 1442. START AND STRATEGIC MODERNIZATION

      (a) Findings.--The Congress makes the following findings:
              (1) The United States and the Soviet Union are
            engaged in the Strategic Arms Reduction Talks (START)
            in Geneva.
              (2) In the Joint Statement on the Treaty on Strategic
            Offensive Arms signed in June 1990, the two sides
            reaffirmed their determination to have a START
            agreement completed and ready for signature by the end
            of 1990.
              (3) Under the provisions of a START agreement, both
            sides will carry out significant reductions in
            strategic offensive arms.
              (4) In the Joint Statement on Future Negotiations on
            Nuclear and Space Arms and Further Enhancing Strategic
            Stability, the United States and the Soviet Union
            agreed to pursue new talks on strategic offensive arms,
            and on the relationship between strategic offensive and
            defensive arms.
              (5) The objectives of these negotiations will be to
            reduce further the risk of outbreak of war,
            particularly nuclear war, and to ensure strategic
            stability, transparency and predictability through
            further stabilizing reductions in the strategic
            arsenals of both countries.
              (6) The President's effort to negotiate such
            agreements is dependent upon the maintenance of a
            vigorous research and development and modernization
            program as required for a prudent defense posture.
              (7) The Soviet Union has maintained a robust
            strategic modernization program throughout the course
            of the START negotiations which continues today.
      (b) It is the sense of the Congress that--
              (1) the Congress fully supports United States efforts
            to enhance strategic stability; and
              (2) the United States should pursue stabilizing
            strategic arms reduction agreements while maintaining a
            vigorous research and development and modernization
            program for United States strategic forces as required
            for a prudent defense posture.

    SEC. 1443. STRATEGIC ARMS REDUCTION TALKS AGREEMENT

      (a) Sense of Congress.--It is the sense of the Congress that
    the President, before concluding an agreement in the Strategic
    Arms Reduction Talks, should provide to Congress--
              (1) a report on whether the SS-23 INF missiles of
            Soviet manufacture, which the Soviet Union has
            confirmed have been stationed in the territory of the
            former German Democratic Republic and in the
            territories of Czechoslovakia and Bulgaria, constitute
            a violation of the INF Treaty or constitute deception
            in the INF negotiations, and whether the United States
            has reliable assurances that those missiles will be
            destroyed; and
              (2) a report on whether the Krasnoyarsk radar, which
            the Foreign Minister of the Soviet Union admitted is a
            clear violation of the 1972 ABM Treaty, has been
            verifiably dismantled in accordance with United States
            criteria.
      (b) Form of Reports.--The reports under paragraphs (1) and
    (2) of subsection (a) should be submitted in both classified
    and unclassified form.
              * * * * * * *

                    TITLE XVII--MISSILE TECHNOLOGY CONTROLS

    Sec. 1701. Policy.
    Sec. 1702. Amendment to the Export Administration Act of 1979.
    Sec. 1703. Amendment to the Arms Export Control Act of 1979.
    Sec. 1704. Report on missile proliferation.\1\

    SEC. 1701.\2\ POLICY

      It should be the policy of the United States to take all
    appropriate measures--
    ---------------------------------------------------------------------------
        \1\ Sec. 1097(g) of the National Defense Authorization Act for
    Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1489)
    repealed sec. 1704, and sec. 1097 of that Act itself superseded the
    former sec. 1704.
        \2\ 50 U.S.C. App. 2402 note.
    ---------------------------------------------------------------------------
              (1) to discourage the proliferation, development, and
            production of the weapons, material, and technology
            necessary to produce or acquire missiles that can
            deliver weapons of mass destruction;
              (2) to discourage countries and private persons in
            other countries from aiding and abetting any states
            from acquiring such weapons, material, and technology;
              (3) to strengthen United States and existing
            multilateral export controls to prohibit the flow of
            materials, equipment, and technology that would assist
            countries in acquiring the ability to produce or
            acquire missiles that can deliver weapons of mass
            destruction, including missiles, warheads and
            weaponization technology, targeting technology, test
            and evaluation technology, and range and weapons effect
            measurement technology; and
              (4) with respect to the Missile Technology Control
            Regime (``MTCR'') and its participating governments--
                      (A) to improve enforcement and seek a common
                    and stricter interpretation among MTCR members
                    of MTCR principles;
                      (B) to increase the number of countries that
                    adhere to the MTCR; and
                      (C) to increase information sharing among
                    United States agencies and among governments on
                    missile technology transfer, including export
                    licensing, and enforcement activities.

    SEC. 1702.\3\ AMENDMENT TO THE EXPORT ADMINISTRATION ACT OF 1979 * * *

    SEC. 1703.\4\ AMENDMENT TO THE ARMS EXPORT CONTROL ACT * * *

    SEC. 1704.\1\ * * * [REPEALED--1991]

    ---------------------------------------------------------------------------
        \3\ For text of amendment to sec. 6 and the addition of new sec.
    11B of the Export Administration Act of 1979, see Legislation on
    Foreign Relations Through 2005, vol. III, sec. J.
        \4\ Sec. 1703 added chapter 7, secs. 71 through 74 to the Arms
    Export Control Act. For text, see Legislation on Foreign Relations
    Through 2005, vol. I-A.
      q. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Partial text of Public Law 101-189 [H.R. 2461], 103 Stat. 1352 at 1539,
                           approved November 29, 1989

     AN ACT To authorize appropriations for fiscal years 1990 and 1991 for
        military activities 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,
              * * * * * * *

                   TITLE X--MATTERS RELATING TO ARMS CONTROL

    SEC. 1001. PRESIDENTIAL REPORT ON POSSIBLE EFFECTS OF A STRATEGIC ARMS
                        REDUCTION AGREEMENT ON TRIDENT PROGRAM

      (a) Report.--Not later than April 1, 1990, the President
    shall submit to Congress a comprehensive report on the Trident
    program under a possible Strategic Arms Reduction Talks (START)
    agreement. The report shall address the following issues:
              (1) The objective for the size of the Trident
            submarine force fleet both with and without a START
            agreement.
              (2) The implications for United States strategic
            force posture under a START agreement of a fleet of 21
            or more Trident submarines, each with 192 warheads on
            24 ballistic missiles, under two different assumptions,
            as follows:
                      (A) All such warheads are accountable under
                    START limits.
                      (B) The warheads on one-to-three Trident
                    submarines are not accountable under START
                    limits.
              (3) A net assessment of the implications for United
            States security of a START agreement that allows the
            Soviet Union as well as the United States to have an
            equivalent number of warheads on submarines that are
            not accountable under START limits.
              (4) The technical feasibility and cost implications
            of various options for reducing the number of warheads
            on Trident submarines, including those submarines
            already built, those under construction, and those yet
            to be built.
              (5) The verification challenges to the United States
            posed by such options if the Soviet Union were to adopt
            them in its ballistic missile submarine forces.
      (b) Form of Report.--The President shall submit the report
    under subsection (a) in both classified and unclassified
    versions.
      (c) Waiver.--The President may waive the requirements of
    subsection (a) if he has signed a START agreement or other
    strategic arms reduction agreement with the Soviet Union before
    the date by which the report is otherwise required to be
    submitted.

    SEC. 1002. PRESIDENTIAL REPORT ON THE VERIFICATION WORK THAT HAS BEEN
                        CONDUCTED WITH REGARD TO MOBILE ICBMS UNDER A START
                        AGREEMENT

      (a) Findings.--Congress makes the following findings:
              (1) The United States must have confidence that any
            agreement achieved through the Strategic Arms
            Limitation Talks (START) in Geneva will be effectively
            verifiable.
              (2) The position of the United States at the START
            negotiations, from 1985 until September 1989, was to
            ban the deployment of mobile intercontinental ballistic
            missiles (ICBMs) under a START regime unless an
            effective verification regime could be identified and
            implemented. In September 1989, the United States
            announced that it was withdrawing its proposal for the
            ban of mobile ICBMs, contingent upon Congress providing
            funds for mobile ICBMs to be deployed by the United
            States.
              (3) The Soviet Union has deployed two mobile ICBM
            systems, the SS-24 and the SS-25.
              (4) The President conducted a strategic review during
            the period between January 20, 1989, and the resumption
            of the START negotiations on June 15, 1989.
      (b) Presidential Report.--Not later than March 31, 1990, the
    President shall submit to Congress a report (in classified and
    unclassified form) describing all studies that have been
    performed between March 1985 and August 1989 by agencies of the
    United States Government with regard to the capability of the
    United States to monitor and verify a START agreement which
    allows mobile ICBMs. The report shall include the following:
              (1) A description of each study conducted by United
            States Government agencies during the strategic review
            referred to in subsection (a)(4) to determine the
            ability of the United States to verify limitations on
            mobile ICBMs of the Soviet Union under a START
            agreement, including a summary of the conclusions
            reached under each such study.
              (2) A description of any so-called ``Red Team'' study
            conducted between March 1985 and August 1989 with
            regard to the existence of mobile ICBMs under a START
            regime, including a summary of the conclusions reached
            under each such study.
              (3) A description of each study conducted by United
            States Government agencies between March 1989 and
            August 1989 to assess the value of various options
            relating to the verification of mobile ICBMs (such
            options to include the option known as ``tagging'' and
            the establishment of designated deployment areas),
            including a summary of the conclusions reached under
            each such study.

    SEC. 1003. SENSE OF CONGRESS ON START TALKS

      Congress hereby reaffirms the sense of Congress expressed in
    the second session of the 100th Congress (in section 902 of the
    National Defense Authorization Act, Fiscal Year 1989 (Public
    Law 100-456; 102 Stat. 2031)) \1\ that any agreement negotiated
    by the President to achieve a reduction and limitation on
    strategic arms (through the Strategic Arms Reduction Talks in
    Geneva or otherwise)--
    ---------------------------------------------------------------------------
        \1\ Sec. 902 of Public Law 100-456 stated a sense of the Congress
    on START talks identical to paras. (1) and (2).
    ---------------------------------------------------------------------------
              (1) should not prevent the United States from
            deploying a force structure under the agreement which
            emphasizes survivable strategic systems and, in
            particular, should not in any way compromise the
            security of the United States ballistic-missile
            carrying submarine force; and
              (2) should not prohibit or limit the deployment of
            non-nuclear cruise missiles.

    SEC. 1004. REPORT ON ASYMMETRIES IN CAPABILITIES OF UNITED STATES AND
                        SOVIET UNION TO PRODUCE AND DEPLOY BALLISTIC
                        MISSILE DEFENSE SYSTEMS

      (a) Study Required.--The Secretary of Defense shall conduct a
    study on the asymmetry in the near-term capabilities of the
    United States and the Soviet Union to deploy ballistic missile
    defenses beyond those permitted under the 1972 ABM Treaty. The
    study shall be conducted in coordination with the Director of
    Central Intelligence.
      (b) Matters To Be Included in Study.--Subject to subsection
    (e), the study shall include the following:
              (1) An assessment of the likelihood of a breakout by
            the Soviet Union from the 1972 ABM Treaty in the next
            five years and the assumptions used for that
            assessment.
              (2) An assessment of the capability of the Soviet
            Union to exploit a situation in which the limitations
            of the 1972 ABM Treaty do not apply, including a
            detailed assessment of the capabilities of the Soviet
            Union to produce--
                      (A) space-based anti-ballistic missile (ABM)
                    launchers and interceptors;
                      (B) ground-based ABM launchers and
                    interceptors; and
                      (C) the infrastructure for ABM battle
                    management command, control, and
                    communications.
              (3) An assessment of the production base of the
            United States for production of the elements specified
            in subparagraphs (A), (B), and (C) of paragraph (2),
            including an estimate of how quickly the United States
            could respond to a breakout by the Soviet Union in each
            of those elements.
      (c) Study To Assess Possible United States Response to Soviet
    Breakout.--(1) The study shall also include an assessment of
    the immediate and long-term actions that could be taken by the
    United States to respond to redress any asymmetry in the
    potential of the United States and the Soviet Union to exploit
    a breakout by the Soviet Union from the 1972 ABM Treaty.
      (2) That assessment shall include an evaluation of the
    actions that would be necessary to support--
              (A) a one-site ABM system (as allowed under the
            Treaty); or
              (B) an expanded ABM system unconstrained by the
            limitations of the 1972 ABM Treaty.
      (3) Such assessment shall specifically address the required
    actions, and the costs associated with those actions, to
    support both the one-site ABM system and the expanded ABM
    system to be evaluated under paragraph (2), including (A) the
    upgrading and expansion of the existing United States radar
    network, (B) the use of existing inactive ABM components at
    Grand Forks, North Dakota, and (C) the development and
    deployment of other required components.
      (d) Report.--Not later than the date on which the budget for
    fiscal year 1991 is submitted to Congress pursuant to section
    1105 of title 31, United States Code, the Secretary of Defense
    shall submit to Congress a report on the study under subsection
    (a). The report shall be submitted in both classified and
    unclassified form. The report shall specify the results of the
    study under subsection (a), including each matter required to
    be included in the study under this section.
      (e) Waiver of Required Study Feature.--The study under
    subsection (a) need not include the assessment referred to in
    subsection (b)(1) if, before the date of the submission of the
    report required by subsection (d) with respect to the study,
    the President submits to Congress the report required by
    section 907 of the National Defense Authorization Act, Fiscal
    Year 1989 (Public Law 100-456; 102 Stat. 2034), regarding
    antiballistic missile capabilities and activities of the Soviet
    Union (such report having been required by subsection (c) of
    such section to be submitted not later than January 1, 1989).
      (f) 1972 ABM Treaty Defined.--For purposes of this section,
    the term ``1972 ABM Treaty'' means the Treaty Between the
    United States of America and the Union of Soviet Socialist
    Republics on the Limitations of Anti-Ballistic Missiles, signed
    at Moscow on May 26, 1972.

    SEC. 1005. SENSE OF THE CONGRESS WITH RESPECT TO ACCIDENTAL LAUNCH
                        PROTECTION

      (a) Findings.--Congress makes the following findings:
              (1) The Strategic Defense Initiative (SDI) has made
            substantial progress in developing technologies to
            defend the United States from a possible ballistic
            missile attack, be it deliberate or accidental.
              (2) Ground-based elements and their associated
            adjuncts and technologies represent the most mature
            technologies within the SDI program and should
            therefore receive priority by the Strategic Defense
            Initiative Organization.
              (3) The United States is a signatory to the 1972
            Anti-Ballistic Missile Treaty.
              (4) There have been several accidents involving
            ballistic missiles, including the loss of a submarine
            of the Soviet Union due to inadvertent missile ignition
            and the inadvertent landing in China of a test missile
            of the Soviet Union.
              (5) The continued proliferation of offensive
            ballistic missile forces by non-superpower countries
            hostile to the United States and our allies raises the
            possibility of future nuclear threats.
      (b) Reaffirmation of Sense of Congress.--Congress hereby
    reaffirms the sense of Congress expressed in section 224(b) of
    the National Defense Authorization Act, Fiscal Year 1989
    (Public Law 100-456; 102 Stat. 1942) \2\ stating--
    ---------------------------------------------------------------------------
        \2\ Sec. 224(b) of Public Law 100-456, stated the sense of the
    Congress identical to text in paras. (1) and (2).
    ---------------------------------------------------------------------------
              (1) that the Secretary of Defense should direct the
            Strategic Defense Initiative Organization to give
            priority to development of technologies and systems for
            a system capable of protecting the United States from
            the accidental launch of a strategic ballistic missile
            against the continental United States; and
              (2) that such development of an accidental launch
            protection system should be carried out with an
            objective of ensuring that such system is in compliance
            with the 1972 Anti-Ballistic Missile Treaty.
      (c) Submission of Previously Required Report.--The Secretary
    of Defense shall submit to Congress forthwith the report on the
    status of planning for development of a deployment option for
    such an accidental launch protection system that was required
    by section 224(c) of that Act to be submitted not later than
    March 1, 1989.

    SEC. 1006. CONGRESSIONAL FINDINGS AND SENSE OF CONGRESS CONCERNING THE
                        KRASNOYARSK RADAR

      (a) Reaffirmation of Prior Findings.--Congress hereby
    reaffirms the findings made with respect to the large phased-
    array radar of the Soviet Union known as the ``Krasnoyarsk
    radar'' in paragraphs (1) through (6) of section 902(a) of the
    National Defense Authorization Act for Fiscal Years 1988 and
    1989 (Public Law 100-180; 101 Stat. 1135), as follows:
              (1) The 1972 Anti-Ballistic Missile Treaty prohibits
            each party from deploying ballistic missile early
            warning radars except at locations along the periphery
            of its national territory and oriented outward.
              (2) The 1972 Anti-Ballistic Missile Treaty prohibits
            each party from deploying an ABM system to defend its
            national territory and from providing a base for any
            such nationwide defense.
              (3) Large phased-array radars were recognized during
            negotiation of the Anti-Ballistic Missile Treaty as the
            critical long lead-time element of a nationwide defense
            against ballistic missiles.
              (4) In 1983 the United States discovered the
            construction, in the interior of the Soviet Union near
            the town of Krasnoyarsk, of a large phased-array radar
            that has subsequently been judged to be for ballistic
            early warning and tracking.
              (5) The Krasnoyarsk radar is more than 700 kilometers
            from the Soviet-Mongolian border and is not directed
            outward but instead faces the northeast Soviet border
            more than 4,500 kilometers away.
              (6) The Krasnoyarsk radar is identical to other
            Soviet ballistic missile early warning radars and is
            ideally situated to fill the gap that would otherwise
            exist in a nationwide Soviet ballistic missile early
            warning radar network.
      (b) Further Findings.--In addition to the findings referred
    to in subsection (a), Congress finds with respect to the
    Krasnoyarsk radar that--
              (1) in 1987 the President declared that radar to be a
            clear violation of the 1972 Anti-Ballistic Missile
            Treaty;
              (2) until the meeting between the Secretary of State
            and the Foreign Minister of the Soviet Union at Jackson
            Hole, Wyoming, in September 1989, the Soviet Union had
            rejected demands by the United States that it dismantle
            that radar without conditions, but the joint statement
            issued following that meeting states that the
            government of the Soviet Union ``had decided to
            completely dismantle the Krasnoyarsk radar station'';
            and
              (3) on October 23, 1989, the Foreign Minister of the
            Soviet Union conceded that the Krasnoyarsk radar is a
            violation of the 1972 Anti-Ballistic Missile Treaty.
      (c) Sense of Congress.--It is the sense of Congress--
              (1) that the Soviet Union should dismantle the
            Krasnoyarsk radar (as announced in the joint statement
            referred to in subsection (b)(2)) expeditiously and
            without conditions; and
              (2) that until such radar is completely dismantled it
            will remain a clear violation of the 1972 Anti-
            Ballistic Missile Treaty.

    SEC. 1007. SENSE OF CONGRESS CONCERNING EXPLORING THE FEASIBILITY OF
                        TREATY LIMITATIONS ON WEAPONS CAPABLE OF
                        THREATENING MILITARY SATELLITES

      It is the sense of Congress that, as soon as practicable, the
    President should explore the feasibility of a mutual and
    verifiable treaty with the Soviet Union which places the
    strictest possible limitations, consistent with the security
    interests of the United States and its allies, on the
    development, testing, production, and deployment of weapons
    capable of directly threatening United States military
    satellites.

    SEC. 1008. REPORT ON SATELLITE SURVIVABILITY

      (a) Requirement for Report.--The President shall submit to
    Congress a comprehensive report on United States antisatellite
    weapon activities and the survivability of United States
    satellites against current and potential antisatellite weapons
    deployed by the Soviet Union. The report shall be submitted by
    March 15, 1990, and shall be submitted in both classified and
    unclassified versions.
      (b) Matters To Be Included in Report.--The report required by
    subsection (a) shall include the following:
              (1) Detailed information (including funding profiles,
            expected capabilities, and schedules for development,
            testing, and deployment) on all United States
            antisatellite weapon programs.
              (2) An analysis of the antisatellite potential of the
            anticipated deployed version of each Strategic Defense
            Initiative technology capable of damaging or destroying
            objects in space.
              (3) An assessment of the threat that would be posed
            to satellites of the United States if the technologies
            described in paragraphs (1) and (2) were to be tested
            by the Soviet Union, at levels of performance equal to
            those intended by the United States, and developed into
            weapons for damaging or destroying objects in space.
              (4) A review of arms control options and satellite
            survivability measures (including cost data) that would
            improve the survivability of current and future United
            States military satellite systems.
              (5) A review of alternative means of providing the
            support to military forces of the United States that is
            currently provided by United States satellites if those
            satellites become vulnerable to attack as the result of
            the deployment by the Soviet Union of antisatellite
            weapons with the levels of performance contemplated in
            paragraph (3).

    SEC. 1009. REPORT ON THE DESIRABILITY OF NEGOTIATIONS WITH THE SOVIET
                        UNION REGARDING LIMITATIONS ON ANTISATELLITE
                        CAPABILITIES

      (a) Report by the President.--The President shall submit to
    Congress a comprehensive report regarding the desirability of
    an agreement with the Soviet Union to impose limitations on
    antisatellite capabilities. The President shall include in such
    report his determination of whether a ban or other limitations
    on some or all antisatellite weapons would be verifiable and,
    if so, whether such a ban or other limitation would be in the
    national interest of the United States.
      (b) Matters Relating to Verification.--In making the
    determination referred to in subsection (a), the President
    shall--
              (1) consider the extent to which on-site inspection
            measures (as well as national technical means for
            verification) can increase confidence in the ability of
            the United States to monitor and verify various agreed-
            upon antisatellite limitations; and
              (2) examine various arms control possibilities,
            including--
                      (A) a total ban on antisatellite capability
                    by both the United States and the Soviet Union;
                      (B) a ban or other limitation on
                    antisatellite weapons with the potential to
                    attack satellites at altitudes above the Van
                    Allen belt; and
                      (C) a ban or other limitation on
                    antisatellite weapons that operate only in low-
                    Earth orbit.
      (c) Matters Relating to Deterrence and War Fighting
    Requirements.--In the report required by subsection (a), the
    President shall also address the following:
              (1) The contribution an antisatellite capability of
            the United States can make toward enhancing deterrence.
              (2) The contribution an antisatellite capability can
            make toward meeting the war fighting requirements of
            the United States and how such a capability enhances
            force survivability.
              (3) The extent to which (based upon a net assessment)
            the United States would be better able to meet its war
            fighting requirements and deterrence objectives if--
                      (A) the Soviet Union possessed an
                    antisatellite capability and the United States
                    did not possess an antisatellite capability;
                      (B) neither the United States nor the Soviet
                    Union possessed an antisatellite capability;
                      (C) the United States and the Soviet Union
                    both possessed a limited antisatellite
                    capability;
                      (D) the United States and the Soviet Union
                    both possessed an unrestricted antisatellite
                    capability.
      (d) Submission of Report.--The report required by subsection
    (a) shall be submitted to Congress not later than May 1, 1990,
    and shall be submitted in both classified and unclassified
    versions.

    SEC. 1010. REPORT ON VERIFICATION OF COMPLIANCE WITH AGREEMENTS TO
                        LIMIT NUCLEAR TESTING

      (a) Report Requirement.--The Secretary of Energy shall
    prepare a report, in classified form, assessing the possible
    effects on the abilities of the United States to verify
    compliance by the Soviet Union with any agreement (presently in
    effect or under negotiation) to limit testing of nuclear
    devices should any information or data now obtained under any
    cooperative agreement with any controlled country and used to
    verify the degree of such compliance be curtailed or become
    unavailable due to a change in, or severing of, diplomatic
    relations with such a controlled country. The report shall
    assess, in particular, whether compliance by the Soviet Union
    with any such agreement to limit testing of nuclear devices can
    be fully and reliably verified should such a cooperative
    agreement be curtailed or terminated. The report shall be
    prepared in consultation with the Secretary of Defense.
      (b) Submission of Report.--The report prepared under
    subsection (a) shall be submitted to Congress not later than
    six months after the date of the enactment of this Act.
      (c) Controlled Country Definition.--For purposes of this
    section, the term ``controlled country'' means a country listed
    in section 620(f)(1) of the Foreign Assistance Act of 1961 (22
    U.S.C. 2370(f)(1)).

    SEC. 1011. SENSE OF CONGRESS ON ARMS CONTROL NEGOTIATIONS AND UNITED
                        STATES MODERNIZATION POLICY

      (a) Findings.--Congress makes the following findings:
              (1) The United States is currently engaged in a wide
            range of arms control negotiations in the areas of
            strategic nuclear forces, strategic defenses,
            conventional force levels, chemical weapons, and
            security and confidence building measures.
              (2) On May 30, 1989, the North Atlantic Treaty
            Organization issued a ``Comprehensive Concept on Arms
            Control and Disarmament'' which placed a special
            emphasis on arms control as a means of enhancing
            security and stability in Europe.
              (3) The President has stated that arms control is one
            of the highest priorities of the United States in the
            area of security and foreign policy and that the United
            States will pursue a dynamic, active arms control
            dialogue with the Soviet Union and the other Warsaw
            Pact countries.
              (4) The United States has already made major
            proposals at the Conventional Forces in Europe Talks,
            convened on March 6, 1989, which would result in a
            dramatic reduction in Soviet and Warsaw Pact
            conventional forces.
              (5) The President, on September 25, 1989, made a
            major new arms control proposal in the area of chemical
            weapons.
      (b) Sense of Congress.--It is the sense of Congress that--
              (1) the President is to be commended for pursuing a
            wide array of arms control initiatives in the context
            of a multitude of arms control negotiations, all of
            which have been designed to enhance global security and
            result in meaningful, militarily significant reductions
            in military forces;
              (2) Congress fully supports the arms control efforts
            of the President and encourages the government of the
            Soviet Union to respond favorably to United States arms
            control proposals which would require the Soviet Union
            to reduce its massive quantitative superiority in
            military weaponry;
              (3) the President should seek arms control agreements
            that would not limit the United States to levels of
            forces inferior to the limits provided for the Soviet
            Union; and
              (4) the President's efforts to negotiate such
            agreements is dependent upon the maintenance of a
            vigorous research and development and modernization
            program as required for a prudent defense posture.
      (c) Reaffirmation of Prohibition Relating to Entering Into
    Certain Arms Control Agreements.--Congress hereby reaffirms the
    proviso in the first sentence of section 33 of the Arms Control
    and Disarmament Act (22 U.S.C. 2573) that no action may be
    taken under that Act or any other Act that will obligate the
    United States to disarm or to reduce or limit the Armed Forces
    or armaments of the United States, except pursuant to the
    treatymaking power of the President under the Constitution or
    unless authorized by further affirmative legislation by the
    Congress.

    SEC. 1012. REPORT ON EFFECT OF SPACE NUCLEAR REACTORS ON GAMMA-RAY
                        ASTRONOMY MISSIONS

      Not later than April 30, 1990, the President shall submit to
    Congress a report on the potential for interference with gamma-
    ray astronomy missions that could be caused by the placement in
    Earth orbit of space nuclear reactors.

    SEC. 1013. SENSE OF CONGRESS ON CHEMICAL WEAPONS NEGOTIATIONS

      (a) Findings.--Congress makes the following findings:
              (1) The proliferation of chemical weapons and the
            repeated use of chemical weapons represent a grave
            threat to the security and interests of the United
            States.
              (2) The most comprehensive and effective response to
            the threat posed by the proliferation of chemical
            weapons is the completion of an effectively verifiable
            treaty banning the production and stockpiling of all
            chemical weapons.
              (3) The successful completion of a treaty banning all
            chemical weapons through the negotiations at the
            multinational United Nations Conference on Disarmament
            in Geneva should be one of the highest arms control
            priorities of the United States.
      (b) Sense of Congress.--In light of the findings in
    subsection (a), it is the sense of Congress that--
              (1) the President should continue ongoing efforts to
            establish an agreement with the Soviet Union and other
            countries establishing a mutual and effectively
            verifiable agreement to stop the production,
            proliferation, and stockpiling of all lethal chemical
            weapons; and
              (2) the United States negotiators in Geneva should
            take concrete steps to initiate proposals regarding the
            composition of the verification regime for such an
            agreement that will meet the legitimate concerns of
            other parties while addressing the security concerns of
            the United States.

    SEC. 1014. UNITED STATES PROGRAM FOR ON-SITE INSPECTIONS UNDER ARMS
                        CONTROL AGREEMENTS

      (a) Findings Concerning On-Site Inspection Personnel.--
    Congress makes the following findings:
              (1) The United States is currently engaged in
            multilateral and bilateral negotiations seeking to
            achieve treaties or agreements to reduce or eliminate
            various types of military weapons and to make certain
            reductions in military personnel levels. These
            negotiations include negotiations for (A) reductions in
            strategic forces, conventional armaments, and military
            personnel levels, (B) regimes for monitoring nuclear
            testing, and (C) the complete elimination of chemical
            weapons.
              (2) Requirements for monitoring these possible
            treaties or agreements will be extensive and will place
            severe stress on the monitoring capabilities of United
            States national technical means.
              (3) In the case of the INF Treaty, the United States
            and the Soviet Union negotiated, and are currently
            using, on-site inspection procedures to complement and
            support monitoring by national technical means. Similar
            on-site inspection procedures are being negotiated for
            inclusion in possible future treaties and agreements
            referred to in paragraph (1).
              (4) During initial implementation of the provisions
            of the INF Treaty, the United States was not fully
            prepared for the personnel requirements for the conduct
            of on-site inspections. The Director of Central
            Intelligence has stated that on-site inspection
            requirements for any strategic arms reduction treaty or
            agreement will be far more extensive than those for the
            INF Treaty. The number of locations within the Soviet
            Union that would possibly be subject to on-site
            inspections under a START agreement have been estimated
            to be approximately 2,500 (compared to 120 for the INF
            Treaty).
              (5) On-site inspection procedures are likely to be an
            integral part of any future arms control treaty or
            agreement.
              (6) Personnel requirements will be extensive for such
            on-site inspection procedures, both in terms of numbers
            of personnel and technical and linguistic skills. Since
            verification requirements for the INF Treaty are
            already placing severe stress on current personnel
            resources, the requirements for verification under
            START and other possible future treaties and agreements
            may quickly exceed the current number of verification
            personnel having necessary technical and language
            skills.
              (7) There is a clear need for a database of the names
            of individuals who are members of the Armed Forces or
            civilian employees of the United States Government, or
            of other citizens and nationals of the United States,
            who are qualified (by reason of technical or language
            skills) to participate in on-site inspections under an
            arms control treaty or agreement.
              (8) The organization best suited to establish such a
            database is the On-Site Inspection Agency (OSIA) of the
            Department of Defense, which was created by the
            President to implement (for the United States) the on-
            site inspection provisions of the INF Treaty.
      (b) Status of the OSIA.--(1) Congress finds that--
              (A) the Director of the OSIA (currently a brigadier
            general of the Army) is appointed by the Secretary of
            Defense with the concurrence of the Secretary of State
            and the approval of the President;
              (B) the Secretary of Defense provides to the Director
            appropriate policy guidance formulated by the
            interagency arms control mechanism established by the
            President;
              (C) most of the personnel of the OSIA are members of
            the Armed Forces (who are trained and paid by the
            military departments within the Department of Defense)
            and include linguists, weapons specialists, and foreign
            area specialists;
              (D) the Department of Defense provides the OSIA with
            substantially all of its administrative and logistic
            support (including military air transportation for
            inspections in the Soviet Union and Eastern Europe);
            and
              (E) the facilities in Europe and the United States at
            which OSIA personnel escort personnel of the Soviet
            Union conducting inspections under the on-site
            inspection terms of the INF Treaty are under the
            jurisdiction of the Department of Defense (or under the
            jurisdiction of entities that are contractors with the
            Department of Defense).
      (2) In light of the findings in paragraph (1) and the report
    submitted pursuant to section 909 of Public Law 100-456
    entitled ``Report to the Congress on U.S. Monitoring and
    Verification Activities Related to the INF Treaty'' (submitted
    on July 27, 1989), Congress hereby determines that by locating
    the On-Site Inspection Agency within the Department of Defense
    for the purposes of administrative and logistic support and
    operational guidance, and integrating on-site inspection
    responsibilities under the INF Treaty with existing
    organizational activities of that Department, the President has
    been able to ensure that sensitive national security assets are
    protected and that obligations of the United States under that
    treaty are fulfilled in an efficient and cost-effective manner.
      (c) Establishment of Personnel Database.--(1) In light of the
    findings in subsection (a), the Director of the On-Site
    Inspection Agency shall establish a database consisting of the
    names of individuals who could be assigned or detailed (in the
    case of Government personnel) or employed (in the case of non-
    Government personnel) to participate in the conduct of on-site
    inspections under any future arms control treaty or agreement
    that includes provisions for such inspections.
      (2) The database should be composed of the names of
    individuals with skills (including linguistic and technical
    skills) necessary for the conduct of on-site inspections.
      (d) INF Treaty Defined.--For purposes of this section, the
    term ``INF Treaty'' means the Treaty Between the United States
    and the Union of Soviet Socialist Republics on the Elimination
    of Their Intermediate-Range and Shorter-Range Missiles, signed
    in Washington, DC, on December 8, 1987.
              * * * * * * *
            r. National Defense Authorization Act, Fiscal Year 1989

        Partial text of Public Law 100-456 [H.R. 4481], 102 Stat. 1918,
      approved September 29, 1988; as amended by Public Law 103-199 [H.R.
               3000], 107 Stat. 2317, approved December 17, 1993

     AN ACT To authorize appropriations for fiscal year 1989 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,
              * * * * * * *

                   TITLE IX--MATTERS RELATING TO ARMS CONTROL

    SEC. 901. SENSE OF CONGRESS ON EXPANDING CONFIDENCE-BUILDING MEASURES

        (a) Findings.--Congress makes the following findings:
              (1) Approximately two years have passed since the
            Conference on Confidence- and Security-Building
            Measures and Disarmament in Europe (CDE) adjourned in
            Stockholm following the adoption of measures designed
            to increase openness and predictability of military
            activities in Europe.
              (2) To date, there have been seven formal
            observations and challenge inspections which have been
            conducted in accordance with the Stockholm agreements.
              (3) The military leaders of the North Atlantic Treaty
            Organization have concluded that the Stockholm
            observations and inspections have positively
            contributed to an improved understanding of Warsaw Pact
            forces and capabilities.
              (4) The Conventional Stability Talks (CST), which may
            begin before the end of 1988, will likely require
            careful and potentially prolonged negotiation.
              (5) New negotiations will also begin under the
            auspices of the Conference on Security and Cooperation
            in Europe (CSCE) as a follow-on to the Stockholm
            conference.
              (6) The confidence-building measures established at
            Stockholm could, if expanded, contribute significantly
            to the success of the CDE follow-on conference and also
            to the establishment of a procedural framework for
            verifying a future CST agreement.
        (b) Sense of Congress.--It is the sense of Congress that
    the President should give high priority to developing, in
    coordination with the North Atlantic Treaty Organization allies
    of the United States, stabilizing and verifiable proposals for
    expanding the regime of confidence-building measures in
    conjunction with the follow-on to the Conference on Confidence-
    and Security-Building Measures and Disarmament in Europe (CDE)
    and the new Conventional Stability Talks (CST).

    SEC. 902.\1\ SENSE OF CONGRESS ON START TALKS

        It is the sense of Congress that any agreement negotiated
    by the President to achieve a reduction and limitation on
    strategic arms (through the strategic arms reduction talks in
    Geneva or otherwise)--
    ---------------------------------------------------------------------------
        \1\ Sec. 1003 of the National Defense Authorization Act for Fiscal
    Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1541) reaffirmed
    this sense of the Congress.
    ---------------------------------------------------------------------------
              (1) should not prevent the United States from
            deploying a force structure under the agreement which
            emphasizes survivable strategic systems and, in
            particular, should not in any way compromise the
            security of the United States ballistic-missile
            carrying submarine force, and
              (2) should not prohibit or limit the deployment of
            non-nuclear cruise missiles.

    SEC. 903. SENSE OF CONGRESS CONCERNING ROLE OF CONGRESS IN ARMS CONTROL
                        AND DEFENSE POLICIES

        It is the sense of Congress--
              (1) that Congress, in exercising its authority under
            the Constitution ``to raise and support Armies'' and
            ``provide and maintain Navies'' and, in the case of the
            Senate, to advise and consent to the ratification of
            treaties, has a role to play in formulating arms
            control and defense policies of the United States, but
              (2) that Congress, in exercising that authority,
            should not usurp, undermine, or interfere with the
            authority of the President under the Constitution to
            negotiate and implement treaties, especially in the
            case of treaties which affect arms control and defense
            policies of the United States.

    SEC. 904. SENSE OF CONGRESS ON THE FIVE-YEAR ABM TREATY REVIEW

        (a) Findings.--Congress makes the following findings:
              (1) The Treaty Between the United States of America
            and the Union of Soviet Socialist Republics on the
            Limitation of Anti-Ballistic Missile Systems, With
            Associated Protocol (hereinafter in this section
            referred to as the ``ABM Treaty'' or the ``Treaty'') in
            Article XIV, Paragraph 2, reads as follows: ``Five
            years after entry into force of this Treaty, and at
            five-year intervals thereafter, the Parties shall
            together conduct a review of this Treaty.''.
              (2) Such Treaty entered into force on October 3,
            1972, and the third five-year anniversary date
            specified for the conduct of the review contemplated in
            the Treaty, therefore, was October 3, 1987.
              (3) As a fundamental principle of the canons of legal
            construction, a specified number of years after a
            specific and determinable date means the specified
            anniversary of such date and therefore the third five-
            year review of the ABM Treaty should have begun on or
            about October 3, 1987.
              (4) The Parties to the Treaty have not met as
            required by the Treaty because the United States
            refused to meet on the date specified in the Treaty for
            such meeting (October 3, 1987) and has refused since
            such date to propose a date for the meeting.
        (b) Sense of Congress.--In light of the findings in
    subsection (a), it is the sense of Congress that the President
    should, without any further delay, propose an early date to
    conduct the overdue five-year review of the ABM Treaty. The
    President shall inform Congress of the results of that review
    immediately after it takes place.

    SEC. 905. REVISION OF ANNUAL REPORT ON SOVIET COMPLIANCE WITH ARMS
                        CONTROL COMMITMENTS

        (a) \2\ * * *
    ---------------------------------------------------------------------------
        \2\ Sec. 905(a) had amended sec. 1002 of the Department of Defense
    Authorization Act, 1986 (Public Law 99-145; 22 U.S.C. 2592a). Sec.
    403(a)(1) of the Act For Reform In Emerging New Democracies and Support
    and Help for Improved Partnership with Russia, Ukraine and Other New
    Independent States (``FRIENDSHIP Act'') (Public Law 103-199; 107 Stat.
    2325) repealed sec. 1002 of Public Law 99-145.
    ---------------------------------------------------------------------------
        (b) Effective Date.--The amendment made by subsection (a)
    shall take effect beginning with the report to be submitted
    under section 1002 of the Department of Defense Authorization
    Act, 1986, in 1990.

    SEC. 906.\3\ * * * [REPEALED--1993]

    ---------------------------------------------------------------------------
        \3\ Formerly at 22 U.S.C. 2592b. Sec. 403(b)(1) of Public Law 103-
    199 (107 Stat. 2325) repealed sec. 906. The former sec. 906 read as
    follows:
    ---------------------------------------------------------------------------

    ``sec. 906. annual report on arms control strategy
    ---------------------------------------------------------------------------

        ``(a) In General.--The President shall submit to Congress each
    year, not later than December 1, a report containing a comprehensive
    discussion and analysis of the arms control strategy of the United
    States. The President shall include in each such report the following:
    ---------------------------------------------------------------------------

      ``(1) A description of the nature and sequence of the future arms control
    efforts of the United States.

      ``(2) A net assessment of the current effects of arms control agreements
    on the status of, and trends in, the military balance between the United
    States and the Soviet Union and between the North Atlantic Treaty
    Organization (NATO) and the Warsaw Pact.

      ``(3) A comprehensive data base on the military balance of forces of the
    United States and the Soviet Union, and the balance of forces of NATO and
    the Warsaw Pact countries, that are affected by arms control agreements in
    existence as of the time of the report between the United States and the
    Soviet Union and between NATO and the Warsaw Pact, including an explanation
    of the methodology used to analyze the effects on such forces.

      ``(4) A net assessment of the effect that proposed arms control
    agreements between the United States and the Soviet Union and between NATO
    and the Warsaw Pact would likely have on United States force plans and
    contingency plans, including an assessment of the effect that such proposed
    agreements would have on the risks and costs to the United States.

      ``(5) An assessment of the effect that proposed treaty sub-ceilings,
    asymmetries, and other factors or qualifications affecting a treaty or arms
    control proposal would have on the military balance between the United
    States and the Soviet Union and between NATO and the Warsaw Pact, including
    an assessment of how such factors increase deterrence and reduce the risk
    and cost of war.

      ``(6) A statement of the strategy the United States and NATO will use to
    verify and deter noncompliance with proposed arms control treaties between
    the United States and the Soviet Union and between NATO and the Warsaw
    Pact.

      ``(7) A discussion of the extent to which and the manner in which the
    United States intends to consult with its allies regarding proposed arms
    control agreements between the United States and the Soviet Union and
    between NATO and the Warsaw Pact.

      ``(8) A discussion of how the United States proposes to tailor its
    defense structure in order to ensure that the national security can be
    preserved with or without arms control agreements.
    ---------------------------------------------------------------------------

        ``(b) Explanation of Methodology.--In reporting on the current
    effect of arms control agreements on the status of, and trends in, the
    military balance of power between the United States and the Soviet
    Union and between NATO and the Warsaw Pact (required under paragraphs
    (2) and (3) of subsection (a)), the President shall--
    ---------------------------------------------------------------------------

      ``(1) specify the methodology used in analyzing the military balance
    between the United States and the Soviet Union and express the results of
    such analyses in terms of (A) static comparisons, and (B) comparisons that
    include dynamic factors; and

      ``(2) discuss all major scenarios, assumptions, and contingencies,
    including political confrontation, full-scale war, and serious
    confrontations not involving full-scale war.
    ---------------------------------------------------------------------------

        ``(c) Form of Report.--The President shall submit such report in
    both classified and unclassified form.''.
    ---------------------------------------------------------------------------

    SEC. 907.\4\ * * * [REPEALED--1993]

    SEC. 908. ANALYSIS OF ALTERNATIVE STRATEGIC NUCLEAR FORCE POSTURES FOR
                        THE UNITED STATES UNDER A POTENTIAL START TREATY

        (a) Findings.--Congress makes the following findings:
    ---------------------------------------------------------------------------
        \4\ Sec. 403(c)(1) of Public Law 103-199 (107 Stat. 2325) repealed
    sec. 907. The former sec. 907 read as follows:
    ---------------------------------------------------------------------------

    ``sec. 907. report on antiballistic missile capabilities and activities of
    the soviet union
    ---------------------------------------------------------------------------

        ``(a) Study.--The President shall conduct a study regarding the
    antiballistic missile capability and activities of the Soviet Union. In
    conducting the study, the President shall assess each of the following:
    ---------------------------------------------------------------------------

      ``(1) The military capabilities and significance of the extensive network
    of large-phased array radars of the Soviet Union.

      ``(2) Whether the Soviet Union is developing or producing mobile or
    transportable engagement radars in violation of the 1972 Antiballistic
    Missile Treaty.

      ``(3) The ability of the Soviet Union to develop an effective
    exoatmospheric antiballistic missile defense without using widespread
    deployments of traditional engagement radars.

      ``(4) The ability of air defense interceptor missiles of the Soviet
    Union, now and in the future, to destroy warheads of ballistic missiles in
    flight.

      ``(5) Whether silos or other hardened facilities of the Soviet Union
    located outside of the existing antiballistic missile site permitted near
    Moscow under the terms of the 1972 Antiballistic Missile Treaty are or
    could be associated with antiballistic missile defenses not permitted under
    that Treaty.

      ``(6) Whether the Soviet Union is developing terminal antiballistic
    missile defenses.

      ``(7) Whether the existing antiballistic missile site near Moscow that is
    permitted under the terms of that Treaty conceals or could conceal
    development, testing, or deployment by the Soviet Union of a widespread
    antiballistic missile system.

      ``(8) Activities of the Soviet Union regarding boost-phase intercepts of
    ballistic missiles.

      ``(9) The status of laser programs, particle-beam programs, and other
    advanced technology programs of the Soviet Union comparable to programs
    conducted by the United States under the Strategic Defense Initiative.

      ``(10) The consequences for the United States of a successful effort by
    the Soviet Union to deploy an effective nationwide or limited antiballistic
    missile system.
    ---------------------------------------------------------------------------

        ``(b) Assessment of Ability of United States To Counter A Soviet
    ABM System.--In conducting the study required by subsection (a), the
    President shall also assess the ability of the United States to counter
    effectively an effective antiballistic missile system deployed by the
    Soviet Union. Such assessment shall consider both the deployment by the
    Soviet Union of a nationwide, and of a limited, antiballistic missile
    system. In assessing the ability of the United States to counter
    effectively such a system, the President--
    ---------------------------------------------------------------------------

      ``(1) shall consider the ability of the United States to modify (A)
    existing strategic offensive forces (including modifications involving the
    development of additional penetration aids), and (B) current strategic
    doctrine and tactics; and

      ``(2) shall consider whether the actions of the United States described
    in paragraph (1) could be accomplished over the same period of time that
    the Soviet Union would require to deploy such an antiballistic missile
    system.
    ---------------------------------------------------------------------------

        ``(c) Report.--Not later than January 1, 1989, the President shall
    submit to Congress a report, in both a classified and an unclassified
    version, specifying the results of the study conducted pursuant to this
    section. The report shall include such recommendations as the President
    considers appropriate, including recommendations with regard to
    maintaining the deterrent value of the strategic forces of the United
    States in light of the antiballistic missile capability and activities
    of the Soviet Union described in the report.''.
        Sec. 1004(e) of the National Defense Authorization Act for Fiscal
    Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1542) had waived a
    requirement for a study outlined in sec. 1004(a) of that Act, if
    ``before the date of submission of the report required by [subsection
    (d) of that Act] * * * the President submits to Congress the report
    required by section 907 of the National Defense Authorization Act,
    Fiscal Year 1989 * * * regarding antiballistic missile capabilities and
    activities of the Soviet Union * * *.''.
    ---------------------------------------------------------------------------
              (1) The United States and the Soviet Union are
            currently engaged in talks regarding the reduction of
            strategic nuclear arms.
              (2) Such talks could result in a treaty requiring
            deep reductions in the strategic forces of the United
            States.
              (3) Any such Strategic Arms Reduction Treaty (START)
            cannot be ratified without the advice and consent of
            the Senate.
              (4) Any such START Treaty should result in a stable
            balance of strategic forces between the United States
            and the Soviet Union which enhances the security of the
            United States.
              (5) Congress should provide funds for the forces
            permitted under such a treaty that are required to
            ensure the stability of the force balance under such a
            treaty.
              (6) Congress faces critical resource choices for
            fiscal year 1989 and subsequent fiscal years, and the
            resource choices made by Congress for those years could
            substantially influence the strategic force posture of
            the United States in the period after such a treaty
            goes into effect.
        (b) Presidential Report.--Before entering into any
    Strategic Arms Reduction Treaty or other agreement with the
    Soviet Union for the reduction of strategic arms, but not later
    than September 15, 1988, the President shall submit to Congress
    a comprehensive report on the implications such a treaty or
    agreement might have on the strategic force postures of the
    United States during the 1990s. The report shall include the
    following:
              (1) A description of alternative force postures that
            might be permitted for the United States under such an
            arms reduction agreement, including the posture
            recommended by the President.
              (2) The estimated costs, over at least a seven-year
            period, associated with each alternative force posture.
              (3) The damage limitation capability, the
            survivability, and the retaliatory potential of such
            force posture, and the implications for strategic
            stability, assessed with regard to the likely force
            postures of the Soviet Union under such an agreement
            and the first-strike potential of such force postures.
              (4) The likely effect of a breakout by the Soviet
            Union from such an arms control agreement on the
            survivability and of the force posture of the United
            States under such an agreement recommended by the
            President under paragraph (1).
        (c) Form of Report.--The President shall submit the report
    under subsection (b) in both classified and unclassified form.

    SEC. 909. ON-SITE INSPECTION AGENCY

        (a) Report Requirements.--(1) Not later than six months
    after the date of the enactment of this Act, the officers named
    in paragraph (2) shall each submit to the Committee on Armed
    Services, the Committee on Foreign Affairs, and the Permanent
    Select Committee on Intelligence of the House of
    Representatives \5\ and the Committee on Armed Services, the
    Committee on Foreign Relations, and the Select Committee on
    Intelligence of the Senate an unclassified report, with
    classified annexes as necessary, on the responsibility of each
    such officer for the monitoring and verification of arms
    control agreements. Each such report--
    ---------------------------------------------------------------------------
        \5\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(5) of that
    Act provided that references to the Committee on Foreign Affairs shall
    be treated as referring to the Committee on International Relations.
    ---------------------------------------------------------------------------
              (A) shall address specifically any responsibility the
            officer submitting the report has with respect to on-
            site inspections (whether inspections of facilities of
            the United States or inspections of facilities of
            another party to the agreement); and
              (B) shall set forth the organizational elements of
            each department or agency over which the officer
            submitting the report has jurisdiction which have
            functions related to the monitoring or verification of
            arms control agreements.
        (2) Officers referred to in paragraph (1) are the
    following:
              (A) The Secretary of Defense.
              (B) The Secretary of State.
              (C) The Director of Central Intelligence.
              (D) The Director of the United States Arms Control
            and Disarmament Agency.
        (b) Matters To Be Included.--Each report under subsection
    (a) shall--
              (1) describe in detail the monitoring and
            verification activities carried out with respect to the
            INF Treaty,
              (2) evaluate the effectiveness with which these
            functions have been implemented, and
              (3) include recommendations for any future
            organizational or policy changes that may be necessary
            in view of the experience of implementing the INF
            Treaty.
        (c) INF Treaty Defined.--For purposes of subsection (b),
    the term ``INF Treaty'' means the Treaty Between the United
    States of America and the Union of Soviet Socialist Republics
    on the Elimination of Their Intermediate-Range and Shorter-
    Range Missiles (signed at Washington on December 9, 1987).
        (d) Budget Requests.--Any request submitted to Congress by
    the Executive Branch for authorization of appropriations for
    the On-Site Inspection Agency for any fiscal year shall, as a
    separate activity, provide details of all funding and of all
    military and civilian personnel requested for that Agency for
    that fiscal year, including the number of such personnel of the
    Department of Defense and other agencies that will be assigned
    to on-site inspection activities and to support such activities
    during that fiscal year.

    SEC. 910. COORDINATION OF VERIFICATION POLICY AND RESEARCH AND
                        DEVELOPMENT ACTIVITIES

        (a) Report.--Not later than June 30, 1989, the President
    shall submit to Congress a report reviewing the relationship of
    arms control objectives of the United States with research and
    development of improved monitoring systems for arms control
    verification. The review shall include the participation of the
    Secretaries of Defense, State, and Energy, the Director of
    Central Intelligence, and the Director of the United States
    Arms Control and Disarmament Agency.
        (b) Findings and Recommendations.--The report shall include
    the findings of the President, and such recommendations for
    improvements as the President considers appropriate, with
    respect to the following:
              (1) The status of coordination among the officers
            named in subsection (a) in the formulation of the
            policy of the United States regarding arms control
            verification.
              (2) The status of efforts to ensure that such policy
            is formulated in a manner which takes into account
            available monitoring technology.
              (3) The status of efforts to ensure that research and
            development on monitoring technology evolves
            concurrently with such policy.
              * * * * * * *
      s. National Defense Authorization Act for Fiscal Years 1988 and 1989

        Partial text of Public Law 100-180 [H.R. 1748], 100 Stat. 1019,
     approved December 4, 1987; as amended by Public Law 101-189 [National
     Defense Authorization Act for Fiscal Years 1990 and 1991; H.R. 2461],
                   103 Stat. 1352, approved November 29, 1989

     AN ACT To authorize appropriations for fiscal years 1988 and 1989 for
        military activities 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,
              * * * * * * *

                   TITLE IX--MATTERS RELATING TO ARMS CONTROL

    SEC. 901. MISSILE TECHNOLOGY CONTROL REGIME

        (a) Findings.--The Congress finds that--
              (1) the proliferation of nuclear weapons and of
            missiles capable of the delivery of nuclear weapons is
            a threat to international peace and security;
              (2) in the early 1980's, the danger of the
            proliferation of such weapons and missiles was formally
            recognized in discussions among the governments of the
            United States, Canada, France, the Federal Republic of
            Germany, Italy, Japan, and the United Kingdom; and
              (3) these seven governments, after four years of
            negotiations, on April 7, 1987, concluded an agreement
            known as the Missile Technology Control Regime, for the
            purpose of limiting the proliferation of missiles
            capable of the delivery of nuclear weapons (and
            hardware and technology related to such missiles)
            throughout the world.
        (b) Expressions of Congress.--The Congress--
              (1) expresses its firm support for the Missile
            Technology Control Regime as a means of enhancing
            international peace and security;
              (2) expresses its strong hope that all nations of the
            world will adhere to the Guidelines of the Missile
            Technology Control Regime; and
              (3) expresses its expectation that all relevant
            agencies of the United States Government will ensure
            the fully effective implementation of this regime.
        (c) Report on Manpower Required To Implement the Missile
    Technology Control Regime.--(1) Not later than 60 days after
    the date of enactment of the National Defense Authorization Act
    for Fiscal Year 1990,\1\ the Secretary of Defense shall submit
    to the Committees on Armed Services of the Senate and House of
    Representatives \2\ a report--
    ---------------------------------------------------------------------------
        \1\ Sec. 1639(a) of the National Defense Authorization Act for
    Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1612;
    approved November 29, 1989) struck out ``February 1, 1988'' and
    inserted in lieu thereof ``60 days after the date of enactment of the
    National Defense Authorization Act for Fiscal Year 1990''.
        \2\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives.
    ---------------------------------------------------------------------------
              (A) identifying the functional responsibilities of
            the Department of Defense for implementing the Missile
            Technology Control Regime;
              (B) describing the number and skills of personnel
            currently available in the Department of Defense to
            perform these functions; and
              (C) assessing the adequacy of these resources for the
            effective performance of these responsibilities.
        (2) The report required by paragraph (1) shall identify the
    total number of current Department of Defense full-time
    employees or military personnel and the grades of such
    personnel and the special knowledge, experience, and expertise
    of such personnel, required to carry out each of the following
    responsibilities of the Department under the regime:
              (A) Review of private-sector export license
            applications and government-to-government cooperative
            activities.
              (B) Intelligence analysis and activities.
              (C) Policy coordination.
              (D) International liaison activity.
              (E) Enforcement and technology security operations.
              (F) Technical review.
        (3) The report shall include the Secretary's assessment of
    the adequacy of staffing in each of the categories specified in
    subparagraphs (A) through (F) of paragraph (2) and shall make
    recommendations concerning measures, including legislation if
    necessary, to eliminate any identified staffing deficiencies
    and to improve interagency coordination with respect to the
    regime.

    SEC. 902.\3\ SENSE OF CONGRESS ON THE KRASNOYARSK RADAR

        (a) Findings.--The Congress finds the following:
    ---------------------------------------------------------------------------
        \3\ Sec. 1003 of the National Defense Authorization Act for Fiscal
    Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1543) reaffirmed
    this sense of the Congress.
    ---------------------------------------------------------------------------
              (1) The 1972 Anti-Ballistic Missile Treaty prohibits
            each party to the Treaty from deploying ballistic
            missile early warning radars except at locations along
            the periphery of its national territory and oriented
            outward.
              (2) The 1972 Anti-Ballistic Missile Treaty prohibits
            each party to the Treaty from deploying an anti-
            ballistic missile system to defend its national
            territory and from providing a base for any such
            nationwide defense.
              (3) Large phased-array radars were recognized during
            negotiation of the 1972 Anti-Ballistic Missile Treaty
            as the critical long lead-time element of a nationwide
            defense against ballistic missiles.
              (4) In 1983 the United States discovered the
            construction, in the interior of the Soviet Union near
            the town of Krasnoyarsk, of a large phased-array radar
            that has subsequently been judged to be for ballistic
            missile early warning and tracking.
              (5) The Krasnoyarsk radar is more than 700 kilometers
            from the Soviet-Mongolian border and is not directed
            outward but instead, faces the northeast Soviet border
            more than 4,500 kilometers away.
              (6) The Krasnoyarsk radar is identical to other
            Soviet ballistic missile early warning radars and is
            ideally situated to fill the gap that would otherwise
            exist in a nationwide Soviet ballistic missile early
            warning radar network.
              (7) The President has certified that the Krasnoyarsk
            radar is an unequivocal violation of the 1972 Anti-
            Ballistic Missile Treaty.
        (b) Sense of Congress.--It is the sense of the Congress
    that the Soviet Union is in violation of its legal obligation
    under the 1972 Anti-Ballistic Missile Treaty.

    SEC. 903. REPORT ON COMPLIANCE BY THE SOVIET UNION WITH THRESHOLD TEST
                        BAN TREATY

        (a) In General.--The President shall submit to Congress,
    not later than 30 days after the date of the enactment of this
    Act, a report discussing the use of the current official United
    States method of estimating the yield of Soviet underground
    nuclear tests to determine the extent to which the Soviet Union
    is complying with the 150 kiloton limit on underground nuclear
    tests contained in the Threshold Test Ban Treaty.
        (b) Form and Content of Report.--The report shall be
    submitted in both classified form and (if possible)
    unclassified form and shall include the following matters:
              (1) A discussion of whether past assessments made by
            the United States of the extent of Soviet compliance
            with the 150 kiloton limit contained in the Threshold
            Test Ban Treaty would have been different if the United
            States, in making those assessments, had used the
            current official United States method of estimating the
            yield of underground nuclear tests conducted by the
            Soviet Union.
              (2) The number of nuclear tests conducted by the
            Soviet Union after March 31, 1976, that have a central
            value exceeding 150 kilotons yield (estimated on the
            basis of the current official method used by the United
            States in estimating underground nuclear test yields),
            the central value of those tests (estimated on such
            basis), and the dates on which those tests were
            conducted.
              (3) The number, dates, and estimated central values
            of tests, if any, conducted by the United States after
            March 31, 1976, which, if measured on the basis of the
            current official method used by the United States in
            estimating Soviet underground nuclear test yields
            (taking into account the differences between the United
            States and Soviet test sites), would have an indicated
            central value exceeding 150 kilotons yield.
              (4) The number of tests conducted by the United
            States after March 31, 1976, if any, which actually had
            yields exceeding 150 kilotons, the estimated central
            value of each such test, and the date on which each
            such test was conducted.
              (5) A description of all nuclear testing activities
            of the Soviet Union which the President has found to be
            likely violations of the legal obligations under the
            Threshold Test Ban Treaty, the dates on which those
            activities took place, and the specific legal
            obligations under the Threshold Test Ban Treaty likely
            to have been violated by the Soviet Union in conducting
            such activities.
              (6) A discussion of whether and, if so, the extent to
            which, the President, in arriving at his finding that
            several nuclear tests conducted by the Soviet Union
            constituted a likely violation of legal obligations
            under the Threshold Test Ban Treaty, considered the
            mutual agreement contained in the Threshold Test Ban
            Treaty which permits one or two minor, unintended
            breaches of the 150 kiloton limit per year to be
            considered nonviolations of the Treaty.
              (7) A detailed comparison of the current official
            method used by the United States Government in
            estimating Soviet underground nuclear test yields with
            the method replaced by the current method, and the date
            on which the current official method was adopted by the
            United States.

    SEC. 904. CONGRESSIONAL FINDINGS AND DECLARATIONS CONCERNING ARMS
                        CONTROL NEGOTIATIONS

        (a) Congressional Findings.--The Congress makes the
    following findings:
              (1) The United States and the Soviet Union are
            currently engaged in negotiations to conclude a treaty
            on intermediate-range nuclear forces (INF) and are
            continuing serious negotiations on other issues of
            vital importance to the national security of the United
            States.
              (2) The current negotiations, which reflect delicate
            compromises on both sides, are a culmination of years
            of detailed and complex negotiations in which the
            negotiators for the United States have been pursuing a
            policy consistently advocated by the past two
            Presidents regarding nuclear arms control in the
            European theater.
              (3) While recognizing fully that the President, under
            clause 2, section 2, article II of the Constitution,
            has the power, by and with the advice and consent of
            the Senate, to make treaties, the Congress also
            recognizes the special responsibility conferred by the
            Founding Fathers on the Senate in requiring that it
            give its advice and consent before a treaty may be
            ratified by the United States and that in carrying out
            this responsibility the Senate is accountable to the
            people of the United States and has a duty to ensure
            that no treaty is ratified which would be detrimental
            to the welfare and security of the United States.
              (4) In recognition of this responsibility, the Senate
            has established a special continuing oversight body,
            the Arms Control Observer Group, which over the last
            two and one-half years has functioned to provide advice
            and counsel to the President and his negotiators, when
            appropriate, on a continuing basis during the course of
            the negotiations to achieve an INF treaty.
              (5) The Senate and the President both have a role
            under the Constitution in the making of treaties and
            Congress as a whole has a role under the Constitution
            in the regulating of expenditures, including
            expenditures for weapons systems that may be the
            subject of treaty negotiations.
        (b) Congressional Declarations.--In light of the findings
    in subsection (a), Congress--
              (1) fully supports the efforts of the President to
            negotiate stabilizing, equitable, and verifiable arms
            reduction treaties with the Soviet Union;
              (2) endorses the principle of mutuality and
            reciprocity in arms control negotiations with the
            Soviet Union and cautions that neither the Congress nor
            the President should take actions which are unilateral
            concessions to the Soviet Union; and
              (3) urges the President to take care that no
            provision is agreed to in those negotiations that would
            be harmful to the security of the United States or its
            allies and friends.
        (c) Declaration of the Senate.--The Senate declares that it
    will reserve judgment regarding the approval of any arms
    control treaty until it has conducted a thorough examination of
    the provisions of the treaty and has assured itself that those
    provisions--
              (1) are effectively verifiable; and
              (2) serve to enhance the strength and security of the
            United States and its allies and friends.

    SEC. 905. REPORT ON MILITARY CONSEQUENCES OF THE ELIMINATION OF
                        BALLISTIC MISSILES

        (a) Report Requirement.--Not later than 30 days after the
    date of the enactment of this Act, the Chairman of the Joint
    Chiefs of Staff shall submit to the Committees on Armed
    Services of the Senate and House of Representatives \4\ a
    report examining the military consequences of any arms control
    agreement between the United States and the Soviet Union that
    would provide for the elimination of all strategic ballistic
    missiles of the United States and the Soviet Union.
    ---------------------------------------------------------------------------
        \4\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives.
    ---------------------------------------------------------------------------
        (b) Matters To Be Discussed.--Such report shall be
    submitted in both classified and unclassified form and shall
    include a discussion of the strategic, budgetary, and force
    structure implications of an agreement described in subsection
    (a) for--
              (1) conventional defenses of the United States and
            its allies in Europe, the Far East, and other regions
            vital to the national security of the United States;
              (2) tactical nuclear deterrence by the United States
            in those regions;
              (3) strategic offensive retaliatory systems of the
            United States that would not be affected by such an
            agreement, including bomber forces and cruise missiles;
              (4) air defenses of the United States needed to
            counter bomber forces and cruise missiles of the Soviet
            Union;
              (5) Strategic Defense Initiative programs designed to
            provide possible defenses against strategic ballistic
            missiles; and
              (6) any new programs which the Chairman of the Joint
            Chiefs of Staff may consider necessary in order for the
            United States to protect its national security
            interests in light of the relative advantage conferred
            by such an agreement on other nations possessing
            nuclear weapons whose strategic ballistic missile
            forces would not be affected by the agreement.

    SEC. 906. REPORT ON IMPLICATIONS OF CERTAIN ARMS CONTROL POSITIONS

        Not later than June 30, 1988, the Secretary of Defense
    shall submit to Congress a report, in both classified and
    unclassified versions, containing the following:
              (1) A description of the quantitative and qualitative
            implications for the strategic modernization program of
            the United States of the publicly-announced position of
            the United States at the Strategic Arms Reduction Talks
            in Geneva, giving special, but not exclusive, attention
            to the implications of such position for the Trident
            SSBN program, the rail-garrison Peacekeeper program,
            and the small intercontinental ballistic missile
            (``Midgetman'') program.
              (2) A description of the advantages and drawbacks of
            following the recommendations made in 1983 in the
            report of the President's Commission on Strategic
            Forces with regard to research on smaller ballistic-
            missile carrying submarines, each carrying fewer
            missiles than the Trident, as a potential follow-on to
            the Trident submarine force.
              (3) The recommendations of the Secretary of Defense
            with regard to paragraphs (1) and (2) on United States
            force modernization policy and arms control policy.

    SEC. 907. SUPPORT FOR NUCLEAR RISK REDUCTION CENTERS

        (a) Congress applauds the recent signing of an agreement
    between the United States and the Soviet Union on the
    establishment of nuclear risk reduction centers. Congress
    regards this agreement as an important and practical first step
    in reducing the threat of nuclear war due to accident,
    misinterpretation, or miscalculation. Congress notes that the
    agreement calls for centers to be established in each nation's
    respective capital for the routine exchange of information and
    advanced notification of nuclear and missile testing.
        (b) It is the hope of Congress that this first step in
    nuclear risk reduction will increase the confidence and mutual
    trust of both parties to the agreement and lead to an expansion
    in functions to reduce further the chances of accidental war.
    Such functions may include joint discussions on crisis
    prevention and the development of strategies to deal with
    incidents or threats of nuclear terrorism, nuclear
    proliferation, or other mutually agreed upon issues of concern
    in reducing nuclear risk.
              * * * * * * *
                t. Department of Defense Authorization Act, 1987

     Partial text of Public Law 99-661 [S. 2368], 100 Stat. 3816, approved
                               November 14, 1986

     AN ACT To authorize appropriations for fiscal year 1987 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
       personnel strengths for such fiscal year for the Armed Forces, to
        improve the defense acquisition process, and for other purposes

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
              * * * * * * *

                         TITLE X--ARMS CONTROL MATTERS

    SEC. 1001. SENSE OF THE CONGRESS RELATING TO SALT II COMPLIANCE

        (a) Continued Adherence to SALT II Numerical Sublimits.--It
    is the sense of the Congress that it is in the national
    security interests of the United States to continue voluntary
    compliance with the central numerical sublimits of the SALT II
    Treaty as long as the Soviet Union complies with such
    sublimits.
        (b) Definition.--For purposes of this section, the central
    numerical sublimits of the SALT II Treaty include prohibitions
    on the deployment of the following:
              (1) Launchers for more than 820 intercontinental
            ballistic missiles carrying multiple independently-
            targetable reentry vehicles.
              (2) Launchers for an aggregate of more than 1,200
            intercontinental ballistic missiles carrying multiple
            independently-targetable reentry vehicles and
            submarine-launched ballistic missiles carrying multiple
            independently-targetable reentry vehicles.
              (3) An aggregate of more than 1,320 launchers
            described in paragraph (2) and heavy bombers equipped
            for air-launched cruise missiles capable of a range in
            excess of 600 kilometers.

    SEC. 1002. SENSE OF THE CONGRESS ON NUCLEAR TESTING

        (a) Findings.--The Congress makes the following findings:
              (1) The United States is committed in the Limited
            Test Ban Treaty of 1963 and in the Non-Proliferation
            Treaty of 1968 to seek to achieve the discontinuance of
            all test explosions of nuclear weapons for all time.
              (2) A comprehensive test ban treaty would promote the
            security of the United States by constraining the
            United States-Soviet nuclear arms competition and by
            strengthening efforts to prevent the proliferation of
            nuclear weapons.
              (3) The Threshold Test Ban Treaty was signed in 1974
            and the Peaceful Nuclear Explosions Treaty was signed
            in 1976, and both have yet to be considered by the full
            Senate for its advice and consent to ratification.
              (4) The entry into force of the Peaceful Nuclear
            Explosions Treaty and the Threshold Test Ban Treaty
            will ensure full implementation of significant new
            verification procedures and so make completion of a
            comprehensive test ban treaty more probable.
              (5) A comprehensive test ban treaty must be
            adequately verifiable, and significant progress has
            been made in methods for detection of underground
            nuclear explosions by seismological and other means.
              (6) At present, negotiations are not being pursued by
            the United States and the Soviet Union toward
            completion of a comprehensive test ban treaty.
              (7) The past five administrations have supported the
            achievement of a comprehensive test ban treaty.
        (b) Sense of Congress.--It is the sense of Congress that,
    at the earliest possible date, the President should--
              (1) request the advice and consent of the Senate to
            ratification (with a report containing any plans the
            President may have to negotiate supplemental
            verification procedures, or if the President believes
            it necessary, any understanding or reservation on the
            subject of verification which should be attached to the
            treaty) of the Threshold Test Ban and Peaceful Nuclear
            Explosions Treaties, signed in 1974 and 1976,
            respectively; and
              (2) propose to the Soviet Union the immediate
            resumption of negotiations toward conclusion of a
            verifiable comprehensive test ban treaty.
    In accordance with international law, the United States shall
    have no obligation to comply with any bilateral arms control
    agreement with the Soviet Union that the Soviet Union is
    violating.

    SEC. 1003. REPORT BY THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF ON
                        UNITED STATES NON-COMPLIANCE WITH EXISTING
                        STRATEGIC OFFENSIVE ARMS AGREEMENTS

        (a) In General.--The Chairman of the Joint Chiefs of Staff
    shall submit to Congress a report containing a detailed
    assessment of--
              (1) the military consequences to the United States of
            a policy decision by the United States to discontinue
            compliance with the major provisions of existing
            strategic offensive arms limitations agreements
            (including central numerical sublimits on strategic
            nuclear delivery vehicles in the SALT II accord) would
            have on the security of the United States; and
              (2) the likely military responses of the Soviet Union
            to such a policy decision.
        (b) Matters To Be Considered.--The assessment required by
    subsection (a) shall focus on what the likely Soviet military
    responses would be during the period between 1987 and 1996. In
    making such assessment, the Chairman shall specifically
    consider the following:
              (1) The effect on the ability of United States
            strategic forces to accomplish their nuclear deterrent
            mission (including the effect on the survivability of
            United States strategic forces and on the ability of
            United States strategic forces to achieve required
            damage expectancies against Soviet targets) of any
            expansion of Soviet military capabilities undertaken in
            response to a United States decision to abandon
            compliance with existing strategic offensive arms
            agreements.
              (2) The additional cost to the United States, above
            currently projected military expenditures for those
            periods for which such budget projections are
            available, of research, development, production,
            deployment, and annual operations and support for any
            additional strategic forces required to country any
            expansion in Soviet military capabilities undertaken in
            response to a United States decision to abandon
            compliance with existing strategic offensive arms
            agreements.
              (3) Under average annual real growth projections in
            defense spending of 0 percent, 1 percent, 2 percent,
            and 3 percent, the percent of the annual defense budget
            in each year between fiscal year 1987 and fiscal year
            1996 which would be consumed by increased United States
            strategic forces needed to counter the Soviet force
            expansions.
              (4) The military effect on United States national
            security of the diversion the funds identified under
            paragraph (2) away from nonstrategic defense programs
            and to strategic programs to counter expanded Soviet
            strategic capabilities, including the military effect
            of such a diversion on the ability of United States
            conventional forces to meet the specific non-nuclear
            defense commitments of the United States as a member of
            the North Atlantic Treaty Organization and under the
            1960 Treaty of Mutual Cooperation and Security with
            Japan.
              (5) The military implications for the United States
            of Soviet violations of offensive arms control
            agreements that have been determined.
        (c) Report Requirements.--(1) The Chairman shall--
              (A) include in the report required under subsection
            (a) the individual views of the other members of the
            Joint Chiefs of Staff; and
              (B) submit such report in both classified and
            unclassified form.
        (2) The report required by subsection (a) shall be
    submitted not later than December 19, 1986.
        (e) \1\ Restriction on Obligation of Funds.--If the
    Chairman of the Joint Chiefs of Staff fails to submit the
    report required by subsection (a) before December 20, 1986, no
    funds may be obligated or expended, directly or indirectly, on
    or after such date by the Organization of the Joint Chiefs of
    Staff for any study or analysis to be conducted by a civilian
    contractor until such report is received by Congress.
    ---------------------------------------------------------------------------
        \1\ As enrolled; there is no subsec. (d).
    ---------------------------------------------------------------------------

    SEC. 1004. SENSE OF CONGRESS EXPRESSING SUPPORT FOR A CENTRAL ROLE FOR
                        NUCLEAR RISK REDUCTION CENTERS

        (a) Congressional Statements.--The Congress--
              (1) has expressed its prior support for the
            establishment of nuclear risk reduction centers; and
              (2) supports the President's willingness to negotiate
            an agreement with the Soviet Union to establish such
            centers in each nation.
        (b) Sense of Congress.--It is the sense of Congress that if
    an agreement on nuclear risk reduction centers is signed, the
    United States center should--
              (1) be assigned the responsibility to serve as the
            center of activity for United States risk reduction
            activities under the agreement; and
              (2) make recommendations to the Assistant to the
            President for National Security Affairs regarding
            additional risk reduction arrangements that might be
            proposed to the Soviet Union.
              * * * * * * *
                u. Department of Defense Authorization Act, 1986

      Partial text of Public Law 99-145 [S. 1160], 99 Stat. 583, approved
     November 8, 1985; as amended by Public Law 99-190 [Further Continuing
    Appropriations, 1985; H.J. Res. 465]; 99 Stat. 1185, approved December
     19, 1985; and Public Law 100-456 [National Defense Authorization Act
     for Fiscal Year 1989, H.R. 4481], 102 Stat. 1918, approved September
                                    29, 1988

       AN ACT To authorize appropriations for military functions of the
     Department of Defense and to prescribe military personnel levels for
     the Department of Defense for fiscal year 1986, to revise and improve
        military compensation programs, to improve defense procurement
       procedures, to authorize appropriations for fiscal year 1986 for
     national security programs of the Department of Energy, and for other
                                   purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
              * * * * * * *

                   TITLE X--MATTERS RELATING TO ARMS CONTROL

    SEC. 1001. POLICY ON COMPLIANCE WITH EXISTING STRATEGIC OFFENSIVE ARMS
                        AGREEMENTS

        (a) Sense of Congress.--It is the sense of Congress that--
              (1) the United States should vigorously pursue with
            the Soviet Union the resolution of concerns of the
            United States over Soviet compliance with existing
            strategic arms control agreements and should seek
            corrective actions through confidential diplomatic
            channels, including, if appropriate, the Standing
            Consultative Commission and the Nuclear and Space Arms
            negotiations;
              (2) the Soviet Union should take positive steps to
            resolve the compliance concerns of the United States
            about existing strategic offensive arms agreements in
            order to maintain the integrity of those agreements and
            to strengthen the positive environment necessary for
            the successful negotiation of a new strategic offensive
            arms agreement;
              (3) the United States should continue, through
            December 31, 1986, to refrain from undercutting the
            provisions of existing strategic offensive arms
            agreements--
                      (A)(i) to the extent that the Soviet Union
                    refrains from undercutting those provisions;
                    and
                      (ii) if the Soviet Union actively pursues
                    arms reduction agreements in the Nuclear and
                    Space Arms negotiations; or
                      (B) until a new strategic offensive arms
                    agreement between the United States and the
                    Soviet Union is concluded;
              (4) the President--
                      (A) should carefully consider the impact of
                    any change in the current policy of the United
                    States regarding existing strategic offensive
                    arms agreements on the long-term security
                    interests of the United States and its allies;
                    and
                      (B) should consult with Congress before
                    making any change in that policy; and
              (5) any decision by the President to continue the
            existing United States no-undercut policy beyond
            December 31, 1986, should be a matter for consultation
            between the President and Congress and for subsequent
            review and debate by Congress.
        (b) Requirement for Report.--Not later than February 1,
    1986, the President shall submit to Congress a report
    containing the following:
              (1) A range of projections and comparisons, on a
            year-by-year basis, of United States and Soviet
            strategic weapons dismantlements that would be required
            over the next five years if the United States and the
            Soviet Union were to adhere to a policy of not
            undercutting existing strategic arms control
            agreements.
              (2) A range of projections and comparisons, on a
            year-by-year basis, of likely United States and Soviet
            strategic offensive force inventories over the next
            five years assuming a termination at the end of 1985 in
            the current no-undercut policy.
              (3) An assessment of the possible Soviet political,
            military, and negotiating responses to the termination
            of the United States no-undercut policy.
              (4) Recommendations regarding the future of United
            States interim restraint policy.
        (c) Proposal of Measures.--If the President finds and
    reports to Congress that--
              (1) the Soviet Union has violated the provisions of
            any strategic arms agreement; and
              (2) such violations impair or threaten the security
            of the United States,
    the President may propose to Congress such measures as he
    considers necessary to protect the security of the United
    States.
        (d) Scope of Policy.--Nothing in this section shall be
    construed--
              (1) to restrain or inhibit the constitutional powers
            of the President;
              (2) to endorse unilateral United States compliance
            with existing strategic arms agreements;
              (3) as prohibiting the United States from carrying
            out proportionate responses to Soviet undercutting of
            strategic arms provisions;
              (4) as prohibiting or delaying the development,
            flight testing, or deployment of the small
            intercontinental ballistic missile (SICM) \1\ as
            authorized by law; or
    ---------------------------------------------------------------------------
        \1\ Should read ``SICBM''.
    ---------------------------------------------------------------------------
              (5) as establishing a precedent to continue the no-
            undercut policy beyond December 31, 1986.

    SEC. 1002.\2\ * * * [REPEALED--1993]

    SEC. 1003. STUDY OF ARMS CONTROL VERIFICATION CAPABILITIES

        (a) Interagency Study.--The President shall provide for an
    interagency study with the purpose of determining possible
    avenues for cooperation between the United States and the
    Soviet Union in the development of capabilities not subject to
    national security restrictions for verification of compliance
    with arms control agreements.
    ---------------------------------------------------------------------------
        \2\ Formerly at 22 U.S.C. 2592a. Sec. 403(a)(1) of the Act For
    Reform In Emerging New Democracies and Support and Help for Improved
    Partnership with Russia, Ukraine and Other New Independent States
    (``FRIENDSHIP Act'') (Public Law 103-199; 107 Stat. 2325) repealed sec.
    1002. The former sec. 1002 read as follows:
    ---------------------------------------------------------------------------

    ``sec. 1002. annual report on soviet compliance with arms control
    commitments
    ---------------------------------------------------------------------------

        ``(a) Annual Report.--Not later than December 1 of each year, the
    President shall submit to Congress a report containing the findings of
    the President with respect to the compliance of the Soviet Union with
    its arms control commitments and any additional information necessary
    to keep Congress currently informed.
        ``(b) Matters To Be Included.--The President shall specifically
    include in each such report the following:
    ---------------------------------------------------------------------------

      ``(1) A summary of the current status of all arms control agreements in
    effect between the United States and the Soviet Union.

      ``(2) An assessment of all violations by the Soviet Union of such
    agreements and the risks such violations pose to the national security of
    the United States and its allies.

      ``(3) A net assessment of the aggregate military significance of all such
    violations.

      ``(4) A statement of the compliance policy of the United States with
    respect to violations by the Soviet Union of those agreements.

      ``(5) What actions, if any, the President has taken or proposes to take
    to bring the Soviet Union into compliance with its commitments under those
    agreements.
    ---------------------------------------------------------------------------

        ``(c) Contingent Additional Information.--If the President in any
    second consecutive report submitted to Congress under this section
    reports that the Soviet Union is not in full compliance with all arms
    control agreements between the United States and the Soviet Union, the
    President shall include in such report an assessment of what actions
    are necessary to compensate for such violations.
        ``(d) Classification of Reports.--Each report under this section
    shall be submitted in both classified and unclassified versions.''.
        Sec. 905(a) of the National Defense Authorization Act, Fiscal Year
    1989 (Public Law 100-456; 102 Stat. 2032), had earlier amended and
    restated sec. 1002. It had formerly read as follows:
        ``Not later than December 1, 1985, and not later than December 1 of
    each following year, the President shall submit to the Congress a
    report (in both classified and unclassified versions) containing, with
    respect to the compliance of the Soviet Union with its arms control
    commitments, the findings of the President and any additional
    information necessary to keep the Congress currently informed.''.
        In accord with sec. 905(b) of Public Law 100-456, this amendment
    took effect beginning with the report to be submitted under sec. 1002
    of the Department of Defense Authorization Act, 1986, in 1990.
    ---------------------------------------------------------------------------
              (1) limited exchanges of data and scientific
            personnel; and
              (2) the conduct of a joint technological effort in
            the area of seismic monitoring.
        (b) Agencies Included.--The President shall provide for
    participation in the interagency study under subsection (a)
    by--
              (1) the Secretary of State;
              (2) the Secretary of Defense;
              (3) the Secretary of Energy;
              (4) the Director of the Arms Control and Disarmament
            Agency;
              (5) the heads of appropriate intelligence agencies;
              (6) the Joint Chiefs of Staff; and
              (7) such other officers as the President may
            designate.
        (c) Report.--(1) The President shall submit to Congress a
    report on the results of the interagency study.
        (2) The report shall be submitted in both a classified and
    unclassified version.
        (3) The report shall be submitted not later than May 1,
    1986.

    SEC. 1004. SENSE OF CONGRESS RELATING TO UNITED STATES-SOVIET
                        NEGOTIATIONS ON REDUCTION IN NUCLEAR ARMS

        It is the sense of the Congress--
              (1) that the President of the United States and the
            General Secretary of the Communist Party of the Union
            of Soviet Socialist Republics should be commended for
            their willingness to meet to discuss major issues in
            United States-Soviet relations; and
              (2) that following thorough preparation, such
            meetings should be used to work for the realization of
            mutual, equitable, and verifiable reductions in nuclear
            arms.

    SEC. 1005. PILOT PROGRAM FOR EXCHANGE OF CERTAIN HIGH-RANKING MILITARY
                        AND CIVILIAN PERSONNEL WITH THE SOVIET UNION

        (a) Submission of Plan.--The Secretary of Defense shall
    submit to the appropriate committees of Congress a plan for the
    establishment and operation during fiscal year 1986 of a pilot
    program for the exchange of visits between--
              (1) high-ranking officers of the Armed Forces of the
            United States and high-ranking civilian officials of
            the Department of Defense; and
              (2) corresponding high-ranking officers and officials
            of the Soviet Union.
        (b) Requirements of Plan.--Such plan shall include--
              (1) specific identification of the United States
            officers and officials selected for participation in
            the program;
              (2) the proposed length of the exchange visits with
            the Soviet Union;
              (3) a description of the specific goals of each
            exchange visit;
              (4) an estimate of the cost to the United States of
            participation in each visit;
              (5) a description of any special actions that will be
            taken to protect classified information of the United
            States during any visit to the United States by
            officers or officials of the Soviet Union who are
            participating in the program; and
              (6) any other details of the program that the
            Secretary considers appropriate.
        (c) Availability of Funds.--Of the funds appropriated
    pursuant to section 301(a), the sum of $100,000 shall be
    available only for costs required for participation by the
    United States in the pilot program described in subsection (a),
    including costs for travel, subsistence, and other support
    expenses.
        (d) Deadline for Plan.--The Secretary shall submit the plan
    required by subsection (a) not later than December 1, 1985.

    SEC. 1006. REPORT ON NUCLEAR WINTER FINDINGS AND POLICY IMPLICATIONS

        (a) Continued Participation in Interagency Studies.--
    Notwithstanding any limitation in any other provision of this
    Act, the Secretary of Defense, in accordance with section
    1107(a) of the Department of Defense Authorization Act, 1985
    (Public Law 98-525), shall participate in any comprehensive
    interagency study conducted on the atmospheric, climatic,
    environmental, and biological consequences of nuclear war and
    the implications that such consequences have for the nuclear
    weapons strategy and policy, the arms control policy, and the
    civil defense policy of the United States.
        (b) Report on Nuclear Winter Findings.--Not later than
    March 1, 1986, the Secretary of Defense shall submit to the
    Committees on Armed Services of the Senate and House of
    Representatives \3\ an unclassified report suitable for release
    to the public, together with classified addenda (if required),
    concerning the subject described in subsection (a). The
    Secretary shall include in such report the following:
    ---------------------------------------------------------------------------
        \3\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives.
    ---------------------------------------------------------------------------
              (1) A detailed review and assessment of the findings
            in the current body of domestic and international
            scientific literature on the atmospheric, climatic,
            environmental, and biological consequences of nuclear
            explosions and nuclear exchanges.
              (2) A thorough evaluation of the implications that
            such findings have on--
                      (A) the nuclear weapons policy of the United
                    States, especially with regard to strategy,
                    targeting, planning, command, control,
                    procurement, and deployment;
                      (B) the nuclear arms control policy of the
                    United States; and
                      (C) the civil defense policy of the United
                    States.
              (3) A discussion of the manner in which the results
            of such evaluation of policy implications will be
            incorporated into the nuclear weapons, arms control,
            and civil defense policies of the United States.
              (4) An analysis of the extent to which current
            scientific findings on the consequences of nuclear
            explosions are being studied, disseminated, and used in
            the Soviet Union.
              * * * * * * *
                v. Department of Defense Authorization Act, 1985

    Partial text of Public Law 98-525 [H.R. 5167], 98 Stat. 2492, approved
     October 19, 1984; as amended by Public Law 100-180 [National Defense
    Authorization Act for Fiscal Years 1988 and 1989, H.R. 1748], 101 Stat
                        1019, approved December 4, 1987

        AN ACT To authorize appropriations for fiscal year 1985 for the
    military functions of the Department of Defense, to prescribe military
     personnel levels for that fiscal year for the Department of Defense,
                            and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
              * * * * * * *

                   TITLE XI--MATTERS RELATING TO ARMS CONTROL

                  report on strategic nuclear submarine force

        Sec. 1101. Not later than April 1, 1985, the Secretary of
    Defense shall submit to the Committees on Armed Services of the
    Senate and House of Representatives \1\ a report on the
    survivability of the United States strategic nuclear ballistic
    missile submarine force. The report shall address whether there
    are grounds for adjusting, in short or long-range terms,
    strategic force plans of the United States based on any
    vulnerability or potential vulnerability of such force. The
    report shall also examine the feasibility and desirability of
    enhancing the survivability of such force through measures that
    would affect antisubmarine warfare, including the nature of the
    patrols and the rules of engagement of attack submarines and
    the nature of the patrols and the rules of engagement of
    ballistic missile submarines.
    ---------------------------------------------------------------------------
        \1\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives.
    ---------------------------------------------------------------------------

                  annual report on strategic defense programs

        Sec. 1102.\2\ * * * [Repealed--1987]
    ---------------------------------------------------------------------------
        \2\ Sec. 231(b) of Public Law 100-180 (101 Stat. 1019) repealed
    sec. 1102.
    ---------------------------------------------------------------------------

             report on theater nuclear weapons and force structure

        Sec. 1103. Not later than January 19, 1985, the President
    shall submit to Congress a report setting forth reasons why the
    United States should or should not initiate a long-term program
    for the renovation of the North Atlantic Treaty Organization
    (NATO) nuclear deterrent in a manner designed to reduce
    pressures for early first use of tactical nuclear weapons and
    to substantially reduce the theater nuclear arsenal to types
    and numbers of weapons whose characteristics make for a more
    stable and credible force. The report (in addition to any other
    matter covered) should specifically address the following
    issues:
              (1) Whether NATO should not eliminate its reliance on
            short-range battlefield nuclear weapons (such as the
            atomic demolition bomb and 155-millimeter and 8-inch
            nuclear artillery rounds), the exposure of which to
            early loss from enemy action promotes pressures for
            early use.
              (2) Whether NATO should not refurbish its nuclear
            deterrent by designing and deploying specific dedicated
            nuclear launchers of a range which permits the coverage
            of all potential targets from locations in the rear of
            the European NATO territory in the territory of the
            Warsaw Pact short of the territory of the Soviet Union,
            thereby reducing pressure from enemy action for early
            first use of nuclear weapons.
              (3) Whether NATO should not, as a consequence of a
            change in policy described in paragraph (2), eliminate
            its inventory of dual-capable nuclear/conventional
            weapons in order to allow early use of artillery,
            aircraft, and surface-to-surface missiles for
            conventional missions rather than causing them to be
            withheld for possible nuclear use.
              (4) Whether NATO should not place control and
            operation of tactical nuclear weapons in a single
            specialized command established for that purpose so
            that all other NATO force elements could be free to
            concentrate on pursuing conventional military missions
            with maximum efficiency.

         report on withdrawal of tactical nuclear warheads from europe

        Sec. 1104. The President shall submit a report to Congress
    not later than 90 days after the final decision is made (based
    upon the recommendations of the Supreme Allied Commander,
    Europe) regarding the net reduction to be made by the United
    States in the number of tactical nuclear warheads in the
    territory of North Atlantic Treaty Organization European member
    nations pursuant to the decision of the Nuclear Planning Group
    of the North Atlantic Treaty Organization of October 17, 1983.
    The report shall--
              (1) specify the types of warheads to be withdrawn in
            accordance with that decision, the number of each such
            warhead to be withdrawn, the schedule for the
            withdrawal, and the rationale for the selection of the
            particular warheads to be withdrawn; and
              (2) any changes in force structure to be made
            resulting from the changes in the tactical nuclear
            warheads positioned in Europe.

                report on united states counterforce capability

        Sec. 1105. (a) Not later than April 15, 1985, the President
    shall submit to Congress a report discussing the required
    strategic counterforce capability consistent with existing
    United States policy.
        (b) The report under subsection (a) shall be developed
    taking into consideration current and proposed United States
    intercontinental ballistic missiles having an accuracy on the
    order of the MX missile (including specifically the MX missile,
    the D-5 Trident missile, and the small single-warhead missile)
    intended to be procured for United States strategic force
    modernization and the rationale for the overall counterforce
    capability that would be attained as a cumulative result of
    those procurements. The President shall include in the report a
    specific definition of what United States counterforce
    capability would constitute a so-called ``first-strike
    capability'' against the Soviet Union.
        (c) The report shall also include an assessment of
    corresponding Soviet counterforce and first-strike
    capabilities.

       transmittal to congress of report on soviet compliance with arms
                               control agreements

        Sec. 1106. (a) Not later than 30 days after the date of the
    enactment of this Act, the President shall transmit to Congress
    the text of the report by the General Advisory Committee on
    Arms Control of the arms Control and Disarmament Agency
    entitled ``A Quarter Century of Soviet Compliance Practices
    Under Arms Control Commitments: 1958-1983 (U)'', dated November
    1983. If the President determines that that report contains
    material the release of which to Congress would compromise
    United States intelligence sources, methods of intelligence
    gathering, or the national security of the United States, the
    President may furnish the text of such report after deleting or
    modifying such compromising material.
        (b) Not later than 60 days after the date of the enactment
    of this Act, the President shall transmit to Congress an
    unclassified version of the report described in subsection (a).

           report on nuclear winter findings and policy implications

        Sec. 1107. (a) The Secretary of Defense shall participate
    in any comprehensive study of the atmospheric, climatic,
    environmental, and biological consequences of nuclear war and
    the implications that such consequences have for the nuclear
    weapons strategy and policy, the arms control policy, and the
    civil defense policy of the United States.
        (b) Not later than March 1, 1985, the Secretary of Defense
    shall submit to the Committees on Armed Services of the Senate
    and House of Representatives \1\ an unclassified report
    suitable for release to the public, together with classified
    addenda (if required), concerning the subject described in
    subsection (a). The Secretary shall include in such report the
    following:
              (1) A detailed review and assessment of the current
            scientific studies and findings on the atmospheric,
            climatic, environmental, and biological consequences of
            nuclear explosions and nuclear exchanges.
              (2) A thorough evaluation of the implications that
            such studies and findings have on (A) the nuclear
            weapons policy of the United States, especially with
            regard to strategy, targeting, planning, command,
            control, procurement, and deployment, (B) the nuclear
            arms control policy of the United States, and (C) the
            civil defense policy of the United States.
              (3) A discussion of the manner in which the results
            of such evaluation of policy implications will be
            incorporated into the nuclear weapons, arms control,
            and civil defense policies of the United States.
              (4) An analysis of the extent to which current
            scientific findings on the consequences of nuclear
            explosions are being studied, disseminated, and used in
            the Soviet Union.

      sense of the congress relating to the establishment of nuclear risk
          reduction centers in the united states and the soviet union

        Sec. 1108. (a) The Congress makes the following findings:
              (1) An increasing number of scenarios (including
            misjudgment, miscalculation, misunderstanding,
            possession of nuclear arms by a terrorist group or a
            State sponsored threat) could precipitate a sudden
            increase in tensions and the risk of a nuclear
            confrontation between the United States and the Soviet
            Union, situations that neither side anticipates,
            intends, or desires.
              (2) There has been a steady proliferation throughout
            the world of the knowledge, equipment, and materials
            necessary to fabricate nuclear weapons.
              (3) Such proliferation of nuclear capabilities
            suggests an increasing potential for nuclear terrorism,
            the cumulative risk of which, considering potential
            terrorist groups and other threats over a period of
            years into the future, may be great.
              (4) Current communications links represent equipment
            of the 1960's and as such are relatively outdated and
            limited in their capabilities.
              (5) The President, responding to congressional
            initiatives, proposed the establishment of additional
            and improved communications links between the United
            States and the Soviet Union and other measures to
            reduce the risk of nuclear confrontation, and has
            initiated discussions at a working level with the
            Soviet Union pertaining to--
                      (A) the addition of a high speed facsimile
                    capability to the direct communication link
                    (hotline);
                      (B) the creation of a joint military
                    communications link between the Department of
                    Defense and the Soviet Defense Ministry; and
                      (C) the establishment by the Governments of
                    the United States and Soviet Union of high-rate
                    data communication links between each nation
                    and its embassy in the other nation's capital.
              (6) The establishment of nuclear risk reduction
            centers in Washington and Moscow could reduce the risk
            of increased tensions and nuclear confrontations,
            thereby enhancing the security of both the United
            States and the Soviet Union.
              (7) These centers could serve a variety of functions,
            including--
                      (A) discussing procedures to be followed in
                    the event of possible incidents involving the
                    use of nuclear weapons by third parties;
                      (B) maintaining close contact during nuclear
                    threats or incidents precipitated by third
                    parties;
                      (C) exchanging information on a voluntary
                    basis concerning events that might lead to the
                    acquisition of nuclear weapons, materials, or
                    equipment by subnational groups;
                      (D) exchanging information about United
                    States-Union of Soviet Socialist Republics
                    military activities which might be
                    misunderstood by the other party during periods
                    of mounting tensions; and
                      (E) establishing a dialog about nuclear
                    doctrines, forces, and activities.
              (8) The continuing and routine implementation of
            these various activities could be facilitated by the
            establishment within each Government of facilities,
            organizations, and bureaucratic relationships
            designated for these purposes, such as risk reduction
            centers, and by the appointment of individuals
            responsible to the respective head of state with
            responsibilities to manage such centers.
        (b) The Congress--
              (1) commends the President for his announced support
            for the confidence building measures described in
            subsection (a) and his initiation of negotiations which
            have occurred; and
              (2) urges the President to pursue negotiations on
            these measures with the Government of the Soviet Union
            and to add to these negotiations the establishment of
            nuclear risk reduction centers in both nations to be
            operated under the direction of the appropriate
            diplomatic and defense authorities.

          sense of congress regarding a report to congress on certain
       verification programs relating to biological and chemical weapons

        Sec. 1109. (a) The Congress makes the following findings:
              (1) The Iran-Iraq war has recently demonstrated a
            marked increase in the proliferation of technology on
            the production of chemical weapons and an increase in
            the willingness of nations to use such weapons in armed
            conflict.
              (2) The President's Report to Congress on Soviet Arms
            Control Noncompliance concluded that the Soviet Union
            has refused to respond adequately to United States
            concerns about the transfer or use by the Soviet Union
            of lethal chemical warfare agents in Laos, Kampuchea,
            and Afghanistan and United States concerns about
            adherence by the Soviet Union to the 1972 Biological
            and Toxin Weapons Convention.
              (3) Experts at the recent annual meeting of the
            American Association for the Advancement of Science and
            at the First World Congress on New Compounds in
            Biological and Chemical Warfare held at Ghent, Belgium,
            emphasized that better verification of the use of
            chemical weapons and of the development of biological
            and toxin weapons was essential to strengthen the 1972
            Biological and Toxin Weapons Convention and the Geneva
            Protocol of 1925.
              (4) The 1972 Biological and Toxin Weapons Convention
            is scheduled for review in 1985.
              (5) The United States is anxious to promote and
            strengthen adherence to the Geneva Protocol of 1925 and
            the 1972 Biological and Chemical Weapons Convention and
            is vigorously pursuing a comprehensive, verifiable,
            international agreement to ban chemical weapons.
              (6) Any comprehensive agreement intended to ban the
            production, storage, and transfer of chemical weapons
            must provide for effective measures of verification and
            enforcement and in order for the 1972 Biological and
            Toxin Weapons Convention to be effective, compliance
            with the terms of the convention must be verifiable;
            and
              (7) The Congress must be well informed regarding
            existing and planned programs for verifying compliance
            with the 1972 Biological and Toxin Weapons Convention
            and with a chemical weapons ban agreement.
        (b) It is the sense of Congress that the President should
    submit to the Committee on Foreign Relations and the Select
    Committee on Intelligence of the Senate and to the Committee on
    Foreign Affairs \3\ and the Permanent Select Committee on
    Intelligence of the House of Representatives a comprehensive
    report identifying and evaluating--
    ---------------------------------------------------------------------------
        \3\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
              (1) existing and planned programs to support
            verification requirements necessary to determine
            compliance with the 1972 Biological and Toxin Weapons
            Convention and a chemical weapons ban; and
              (2) the budget resources necessary to support
            verification requirements necessary to determine
            compliance with the 1972 Biological and Toxin Weapons
            Convention and a chemical weapons ban.
        (c) The President is requested to submit the report
    referred to in subsection (b) to the committees referred to in
    such subsection not later than December 31, 1984.

       sense of congress expressing support for united states to pursue
                      outstanding arms control compliance

        Sec. 1110. (a) The Congress makes the following findings:
              (1) It is a vital security objective of the United
            States to limit the Soviet nuclear threat against the
            United States and its allies.
              (2) The President has declared that ``as for existing
            strategic arms agreements, we will refrain from actions
            which undercut them so long as the Soviet Union shows
            equal restraint''.
              (3) The United States has legitimate concerns about
            certain Soviet actions and behavior relevant to
            limitations and other provisions of existing strategic
            arms agreements.
              (4) The President has declared that ``the United
            States will continue to press compliance issues with
            the Soviet Union through diplomatic channels, and to
            insist upon explanations, clarifications, and
            corrective actions''.
              (5) The President has also declared that ``the United
            States is continuing to carry out its obligations under
            relevant agreements''.
              (6) It would be detrimental to the security interests
            of the United States and its allies and to
            international peace and stability for the last
            remaining limitations on strategic offensive nuclear
            weapons to break down or lapse before replacement by a
            new strategic arms control agreement between the United
            States and the Soviet Union.
              (7) The continuation of existing restraints on
            strategic offensive nuclear arms would provide an
            atmosphere more conducive to achieving an agreement
            significantly reducing the levels of nuclear arms.
              (8) The Soviet Union has not agreed to a date for
            resumption of the nuclear arms talks in Geneva, and it
            is incumbent on the Soviet Union to return to the
            negotiating table.
              (9) A termination of existing restraints on strategic
            offensive nuclear weapons could make the resumption of
            negotiations more difficult.
              (10) Both sides have, to date, abided by important
            numerical and other limits contained in existing
            strategic offensive arms agreements, including
            dismantling operational missile-firing submarines and
            remaining within the ceilings on multiple-warhead
            missile launchers and other related limits.
              (11) It is in the interest of the United States and
            its allies for the Soviet Union to continue to
            dismantle older missile-firing submarines as new ones
            are deployed and to continue to remain at or below a
            level of 820 launchers of intercontinental ballistic
            missiles with multiple independently targeted reentry
            vehicles, 1,200 launchers of intercontinental ballistic
            missiles with multiple independently targeted reentry
            vehicles and submarine launched ballistic missiles, and
            1,320 launchers of intercontinental ballistic missiles
            with multiple independently targeted reentry vehicles
            and submarine launched ballistic missiles and heavy
            bombers equipped with air launched cruise missiles, and
            other related limits in existing strategic offensive
            arms agreements.
        (b) In view of these findings, it is the sense of Congress
    that--
              (1) the United States should vigorously pursue with
            the Soviet Union the resolution of concerns over
            compliance with existing strategic and other arms
            control agreements and should seek corrective actions,
            where appropriate, through the Standing Consultative
            Commission and other available diplomatic channels;
              (2) The United States should, through December 31,
            1985, continue to pursue its stated policy to refrain
            from undercutting the provisions of existing strategic
            offensive arms agreements so long as the Soviet Union
            refrains from undercutting the provisions of those
            agreements, or until a new strategic offensive arms
            agreement is concluded;
              (3) the President should provide a report to the
            Congress in both classified and unclassified forms
            reflecting additional findings regarding Soviet
            adherence to such a no-undercut policy, by February 15,
            1985;
              (4) the President shall provide to Congress on or
            before June 1, 1985, a report that--
                      (A) describes the implications of the United
                    States Ship Alaska's sea trials, both with and
                    without the concurrent dismantling of older
                    launchers of missiles with multiple
                    independently targeted reentry vehicles with
                    multiple independently targeted reentry
                    vehicles, for the current United States no-
                    undercut policy and strategic arms and United
                    States security interests more generally;
                      (B) assesses possible Soviet political,
                    military, and negotiating responses to the
                    termination of the United States no-undercut
                    policy;
                      (C) reviews and assesses Soviet activities
                    with respect to existing strategic offensive
                    arms agreements; and
                      (D) makes recommendations regarding the
                    future of United States interim restraint
                    policy; and
              (5) the President should carefully consider the
            impact of any change to this current policy regarding
            existing strategic offensive arms agreements on the
            long-term security interests of the United States and
            its allies and should consult with the Congress before
            making any change in current policy.

      policy on the status of certain treaties to prevent nuclear testing

        Sec. 1111. (a) The Senate makes the following findings:
              (1) The United States is committed in the Limited
            Test Ban Treaty of 1963 and in the Non-Proliferation
            Treaty of 1968 to seek to achieve the discontinuance of
            all test explosions of nuclear weapons for all time.
              (2) A comprehensive test ban treaty would promote the
            security of the United States by constraining the
            United States-Soviet nuclear arms competition and by
            strengthening efforts to prevent the proliferation of
            nuclear weapons.
              (3) The Threshold Test Ban Treaty was signed in 1974
            and the Peaceful Nuclear Explosions Treaty was signed
            in 1976, and both have yet to be considered by the full
            Senate for its advice and consent to ratification.
              (4) The entry into force of the Peaceful Nuclear
            Explosions Treaty and the Threshold Test Ban Treaty
            will ensure full implementation of significant new
            verification procedures and so make completion of a
            comprehensive test ban treaty more probable.
              (5) A comprehensive test ban treaty must be
            adequately verifiable, and significant progress has
            been made in methods for detection of underground
            nuclear explosions by seismological and other means.
              (6) At present, negotiations are not being pursued by
            the United States and the Soviet Union toward
            completion of a comprehensive test ban treaty.
              (7) The past five administrations have supported the
            achievement of a comprehensive test ban treaty.
        (b) It is the sense of the Senate that at the earliest
    possible date, the President should--
              (1) request advice and consent of the Senate to
            ratification (with a report containing any plans the
            President may have to negotiate supplemental
            verification procedures, or if the President believes
            it necessary, any understanding or reservation on the
            subject of verification which should be attached to the
            treaty) of the Threshold Test Ban and Peaceful Nuclear
            Explosions Treaties, signed in 1974 and 1976,
            respectively; and
              (2) propose to the Soviet Union the immediate
            resumption of negotiations toward conclusion of a
            verifiable comprehensive test ban treaty.
        (c) In accordance with international law, the United States
    shall have no obligation to comply with any bilateral arms
    control agreement with the Soviet Union that the Soviet Union
    is violating.
              * * * * * * *
    =======================================================================

            G. WAR POWERS, COLLECTIVE SECURITY, AND RELATED MATERIAL

                                    CONTENTS

                                                                       Page

    1. War Powers....................................................   637
          a. War Powers Resolution (Public Law 93-148)...............   637
          b. National Emergencies Act, as amended (Public Law 94-412)   643
          c. Authorization For Use of Military Force Against Iraq
              Resolution of 2002 (Public Law 107-243)................   648
          d. Authorization For Use of Military Force in Response to
              Terrorist Attacks of September 11, 2001 (Public Law
              107-40)................................................   654
          e. United States Policy Toward Haiti (Public Law 103-423)..   655
          f. Authorization for Use of Military Force Against Iraq
              (Public Law 102-1).....................................   658
          g. Authorization for Use of Military Force in Somalia
              (Public Law 103-139) (partial text)....................   660
          h. U.S. Armed Forces in Somalia (Public Law 103-160)
              (partial text).........................................   662
          i. United States Military Forces in Lebanon................   664
                (1) Multinational Force in Lebanon Resolution (Public
                    Law 98-119)......................................   664
                (2) Agreement Between the United States and Lebanon
                    Regarding U.S. Participation in the Multinational
                    Force, Dated September 30, 1982..................   668
    2. American Servicemembers' Protection Act of 2002 (Public Law
        107-206) (partial text)......................................   671
    3. Cuban Resolution (Public Law 87-733)..........................   684
    4. Middle East Resolutions and Related Material..................   685
          a. Resolution To Promote Peace and Stability in the Middle
              East (Public Law 85-7).................................   685
          b. Multinational Force and Observers Participation
              Resolution (Public Law 97-132).........................   687
          c. Multinational Force and Observers Reports (Executive
              Order 12361)...........................................   692
          d. Implementing the United States Proposal for the Early-
              Warning System in Sinai (Public Law 94-110)............   693
    5. Tonkin Gulf Resolution (Public Law 88-408) (repealed).........   695
    6. National Commitment (S. Res. 85, 91st Congress)...............   697
    7. North Atlantic Alliance.......................................   698
          a. European Security Act of 1998 (Public Law 105-277)
              (partial text).........................................   698
          b. NATO Enlargement Facilitation Act of 1996 (Public Law
              104-208) (partial text)................................   705
          c. NATO Participation Act of 1994 (Public Law 103-447)
              (partial text).........................................   712
          d. Reaffirming the United States Commitment to the North
              Atlantic Alliance (Public Law 96-9)....................   717
          e. Reaffirming the Unity of the North Atlantic Alliance
              Commitment (Public Law 95-287).........................   718
    8. Taiwan Relations..............................................   719
          a. Taiwan Relations Act (Public Law 96-8)..................   719
          b. Participation of Taiwan in the World Health Organization
              (Public Law 108-235)...................................   729
          c. American Institute in Taiwan Facilities Enhancement Act
              (Public Law 106-212)...................................   732
          d. Maintaining Unofficial Relations With the People of
              Taiwan (Executive Order 13014).........................   734
    9. Panama Canal..................................................   737
          a. Panama Canal Act of 1979 (Public Law 96-70).............   737
          b. Panama Canal Commission Compensation Fund Act of 1988
              (Public Law 100-705)...................................   800
          c. Panama Canal--Report to Congress (Public Law 100-203)
              (partial text).........................................   803
          d. Delegation of Panama Canal Functions (Executive Order
              12215).................................................   804

    =======================================================================

                                 1. War Powers

                            a. War Powers Resolution

         Public Law 93-148 [H.J. Res. 542], 87 Stat. 555, passed over
                       President's veto November 7, 1973

        JOINT RESOLUTION Concerning the war powers of Congress and the
                                   President.

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled,

                                  short title

        Section 1. This joint resolution may be cited as the ``War
    Powers Resolution''.

                               purpose and policy

        Sec. 2.\1\ (a) It is the purpose of this joint resolution
    to fulfill the intent of the framers of the Constitution of the
    United States and insure that the collective judgment of both
    the Congress and the President will apply to the introduction
    of United States Armed Forces into hostilities, or into
    situations where imminent involvement in hostilities is clearly
    indicated by the circumstances, and to the continued use of
    such forces in hostilities or in such situations.
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 1541. See Authorization for Use of Military Force
    Against Iraq Resolution (Public Law 102-1; 105 Stat. 3; 50 U.S.C. 1541
    note), page 658 of this volume. See also the congressional findings and
    conditional authorization for use of U.S. military force in Somalia
    (sec. 8151 of Public Law 103-139; 107 Stat. 1475; 50 U.S.C. 1541 note),
    page 660 of this volume, and the sense of Congress and a statement of
    congressional policy on U.S. armed forces in Somalia (sec. 1512 of
    Public Law 103-160; 107 Stat. 1840; 50 U.S.C. 1541 note), page 662 of
    this volume. See also the joint resolution regarding U.S. policy toward
    Haiti (Public Law 103-423; 108 Stat. 4358; 50 U.S.C. 1541 note), page
    655 of this volume, and a limitation on deployment of armed forces in
    Haiti during fiscal year 2000 (sec. 1232 of Public Law 106-65; 113
    Stat. 788; 50 U.S.C. 1541 note), page 655, note 1 of this volume. See
    also Authorization for Use of Military Force Against Iraq Resolution of
    2002 (Public Law 107-243; 116 Stat. 1498; 50 U.S.C. 1541 note), page
    648 of this volume. See also Authorization for Use of Military Force
    against those responsible for attacks launched against United States on
    September 11, 2001 (Public Law 107-40; 115 Stat. 224; 50 U.S.C. 1541
    note), page 654 of this volume.
    ---------------------------------------------------------------------------
        (b) Under article I, section 8, of the Constitution, it is
    specifically provided that the Congress shall have the power to
    make all laws necessary and proper for carrying into execution,
    not only its own powers but also all other powers vested by the
    Constitution in the Government of the United States, or in any
    department or officer thereof.
        (c) The constitutional powers of the President as
    Commander-in-Chief to introduce United States Armed Forces into
    hostilities, or into situations where imminent involvement in
    hostilities is clearly indicated by the circumstances, are
    exercised only pursuant to (1) a declaration of war, (2)
    specific statutory authorization, or (3) a national emergency
    created by attack upon the United States, its territories or
    possessions, or its armed forces.

                                  consultation

        Sec. 3.\2\ The President in every possible instance shall
    consult with Congress before introducing United States Armed
    Forces into hostilities or into situations where imminent
    involvement in hostilities is clearly indicated by the
    circumstances, and after every such introduction shall consult
    regularly with the Congress until United States Armed Forces
    are no longer engaged in hostilities or have been removed from
    such situations.
    ---------------------------------------------------------------------------
        \2\ 50 U.S.C. 1542.
    ---------------------------------------------------------------------------

                                   reporting

        Sec. 4.\3\ (a) In the absence of a declaration of war, in
    any case in which United States Armed Forces are introduced--
    ---------------------------------------------------------------------------
        \3\ 50 U.S.C. 1543.
    ---------------------------------------------------------------------------
              (1) into hostilities or into situations where
            imminent involvement in hostilities is clearly
            indicated by the circumstances;
              (2) into the territory, airspace or waters of a
            foreign nation, while equipped for combat, except for
            deployments which relate solely to supply, replacement,
            repair, or training of such forces; or
              (3) in numbers which substantially enlarge United
            States Armed Forces equipped for combat already located
            in a foreign nation;
    the President shall submit within 48 hours to the Speaker of
    the House of Representatives and to the President pro tempore
    of the Senate a report, in writing, setting forth--
              (A) the circumstances necessitating the introduction
            of United States Armed Forces;
              (B) the constitutional and legislative authority
            under which such introduction took place; and
              (C) the estimated scope and duration of the
            hostilities or involvement.
        (b) The President shall provide such other information as
    the Congress may request in the fulfillment of its
    constitutional responsibilities with respect to committing the
    Nation to war and to the use of United States Armed Forces
    abroad.
        (c) Whenever United States Armed Forces are introduced into
    hostilities or into any situation described in subsection (a)
    of this section, the President shall, so long as such armed
    forces continue to be engaged in such hostilities or situation,
    report to the Congress periodically on the status of such
    hostilities or situation as well as on the scope and duration
    of such hostilities or situation, but in no event shall he
    report to the Congress less often than once every six months.

                            congressional action \4\

        Sec. 5.\5\ (a) Each report submitted pursuant to section
    4(a)(1) shall be transmitted to the Speaker of the House of
    Representatives and to the President pro tempore of the Senate
    on the same calendar day. Each report so transmitted shall be
    referred to the Committee on Foreign Affairs \6\ of the House
    of Representatives and to the Committee on Foreign Relations of
    the Senate for appropriate action. If, when the report is
    transmitted, the Congress has adjourned sine die or has
    adjourned for any period in excess of three calendar days, the
    Speaker of the House of Representatives and the President pro
    tempore of the Senate, if they deem it advisable (or if
    petitioned by at least 30 percent of the membership of their
    respective Houses) shall jointly request the President to
    convene Congress in order that it may consider the report and
    take appropriate action pursuant to this section.
    ---------------------------------------------------------------------------
        \4\ Consider also sec. 1013 of the Department of State
    Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97
    Stat. 1062; 50 U.S.C. 1546a) which provides:
    ---------------------------------------------------------------------------

    ``expedited procedures for certain joint resolution and bills
    ---------------------------------------------------------------------------

        ``Sec. 1013. Any joint resolution or bill introduced in either
    House which requires the removal of United States Armed Forces engaged
    in hostilities outside the territory of the United States, its
    possessions and territories, without a declaration of war or specific
    statutory authorization shall be considered in accordance with the
    procedures of section 601(b) of the International Security Assistance
    and Arms Export Control Act of 1976, except that any such resolution or
    bill shall be amendable. If such a joint resolution or bill should be
    vetoed by the President, the time for debate in consideration of the
    veto message on such measure shall be limited to twenty hours in the
    Senate and in the House shall be determined in accordance with the
    Rules of the House.''.
        For text of sec. 601(b) of the International Security Assistance
    and Arms Export Control Act of 1976, see Legislation on Foreign
    Relations Through 2005, vol. I-A.
        \5\ 50 U.S.C. 1544.
        \6\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
        (b) Within sixty calendar days after a report is submitted
    or is required to be submitted pursuant to section 4(a)(1),
    whichever is earlier, the President shall terminate any use of
    United States Armed Forces with respect to which such report
    was submitted (or required to be submitted), unless the
    Congress (1) has declared war or has enacted a specific
    authorization for such use of United States Armed Forces, (2)
    has extended by law such sixty-day period, or (3) is physically
    unable to meet as a result of an armed attack upon the United
    States. Such sixty-day period shall be extended for not more
    than an additional thirty days if the President determines and
    certifies to the Congress in writing that unavoidable military
    necessity respecting the safety of United States Armed Forces
    requires the continued use of such armed forces in the course
    of bringing about a prompt removal of such forces.
        (c) Notwithstanding subsection (b), at any time that United
    States Armed Forces are engaged in hostilities outside the
    territory of the United States, its possessions and territories
    without a declaration of war or specific statutory
    authorization, such forces shall be removed by the President if
    the Congress so directs by concurrent resolution.

       congressional priority procedures for joint resolution or bill \4\

        Sec. 6.\7\ (a) Any joint resolution or bill introduced
    pursuant to section 5(b) at least thirty calendar days before
    the expiration of the sixty-day period specified in such
    section, shall be referred to the Committee on Foreign Affairs
    \6\ of the House of Representatives or the Committee on Foreign
    Relations of the Senate, as the case may be, and such committee
    shall report one such joint resolution or bill, together with
    its recommendations, not later than twenty-four calendar days
    before the expiration of the sixty-day period specified in such
    section, unless such House shall otherwise determine by the
    yeas and nays.
    ---------------------------------------------------------------------------
        \7\ 50 U.S.C. 1545.
    ---------------------------------------------------------------------------
        (b) Any joint resolution or bill so reported shall become
    the pending business of the House in question (in the case of
    the Senate the time for debate shall be equally divided between
    the proponents and the opponents), and shall be voted on within
    three calendar days thereafter, unless such House shall
    otherwise determine by yeas and nays.
        (c) Such a joint resolution or bill passed by one House
    shall be referred to the committee of the other House named in
    subsection (a) and shall be reported out not later than
    fourteen calendar days before the expiration of the sixty-day
    period specified in section 5(b). The joint resolution or bill
    so reported shall become the pending business of the House in
    question and shall be voted on within three calendar days after
    it has been reported, unless such House shall otherwise
    determine by yeas and nays.
        (d) In the case of any disagreement between the two Houses
    of Congress with respect to a joint resolution or bill passed
    by both Houses, conferees shall be promptly appointed and the
    committee of conference shall make and file a report with
    respect to such resolution or bill not later than four calendar
    days before the expiration of the sixty-day period specified in
    section 5(b). In the event the conferees are unable to agree
    within 48 hours, they shall report back to their respective
    House in disagreement. Notwithstanding any rule in either House
    concerning the printing of conference reports in the Record or
    concerning any delay in the consideration of such reports, such
    report shall be acted on by both Houses not later than the
    expiration of such sixty-day period.

          congressional priority procedures for concurrent resolution

        Sec. 7.\8\ (a) Any concurrent resolution introduced
    pursuant to section 5(c) shall be referred to the Committee on
    Foreign Affairs \6\ of the House of Representatives or the
    Committee on Foreign Relations of the Senate, as the case may
    be, and one such concurrent resolution shall be reported out by
    such committee together with its recommendations within fifteen
    calendar days, unless such House shall otherwise determine by
    the yeas and nays.
    ---------------------------------------------------------------------------
        \8\ 50 U.S.C. 1546.
    ---------------------------------------------------------------------------
        (b) Any concurrent resolution so reported shall become the
    pending business of the House in question (in the case of the
    Senate the time for debate shall be equally divided between the
    proponents and the opponents) and shall be voted on within
    three calendar days thereafter, unless such House shall
    otherwise determine by yeas and nays.
        (c) Such a concurrent resolution passed by one House shall
    be referred to the committee of the other House named in
    subsection (a) and shall be reported out by such committee
    together with its recommendations within fifteen calendar days
    and shall thereupon become the pending business of such House
    and shall be voted upon within three calendar days, unless such
    House shall otherwise determine by yeas and nays.
        (d) In the case of any disagreement between the two Houses
    of Congress with respect to a concurrent resolution passed by
    both Houses, conferees shall be promptly appointed and the
    committee of conference shall make and file a report with
    respect to such concurrent resolution within six calendar days
    after the legislation is referred to the committee of
    conference. Notwithstanding any rule in either House concerning
    the printing of conference reports in the Record or concerning
    any delay in the consideration of such reports, such report
    shall be acted on by both Houses not later than six calendar
    days after the conference report is filed. In the event the
    conferees are unable to agree within 48 hours, they shall
    report back to their respective Houses in disagreement.

                       interpretation of joint resolution

        Sec. 8.\9\ (a) Authority to introduce United States Armed
    Forces into hostilities or into situations wherein involvement
    in hostilities is clearly indicated by the circumstances shall
    not be inferred--
    ---------------------------------------------------------------------------
        \9\ 50 U.S.C. 1547.
    ---------------------------------------------------------------------------
              (1) from any provision of law (whether or not in
            effect before the date of the enactment of this joint
            resolution), including any provision contained in any
            appropriation Act, unless such provision specifically
            authorizes the introduction of United States Armed
            Forces into hostilities or into such situations and
            states that it is intended to constitute specific
            statutory authorization within the meaning of this
            joint resolution; or
              (2) from any treaty heretofore or hereafter ratified
            unless such treaty is implemented by legislation
            specifically authorizing the introduction of United
            States Armed Forces into hostilities or into such
            situations and stating that it is intended to
            constitute specific statutory authorization within the
            meaning of this joint resolution.
        (b) Nothing in this joint resolution shall be construed to
    require any further specific statutory authorization to permit
    members of United States Armed Forces to participate jointly
    with members of the armed forces of one or more foreign
    countries in the headquarters operations of high-level military
    commands which were established prior to the date of enactment
    of this joint resolution and pursuant to the United Nations
    Charter or any treaty ratified by the United States prior to
    such date.
        (c) For purposes of this joint resolution, the term
    ``introduction of United States Armed Forces'' includes the
    assignment of members of such armed forces to command,
    coordinate, participate in the movement of, or accompany the
    regular or irregular military forces of any foreign country or
    government when such military forces are engaged, or there
    exists an imminent threat that such forces will become engaged,
    in hostilities.
        (d) Nothing in this joint resolution--
              (1) is intended to alter the constitutional authority
            of the Congress or of the President, or the provisions
            of existing treaties; or
              (2) shall be construed as granting any authority to
            the President with respect to the introduction of
            United States Armed Forces into hostilities or into
            situations wherein involvement in hostilities is
            clearly indicated by the circumstances which authority
            he would not have had in the absence of this joint
            resolution.

                              separability clause

        Sec. 9.\10\ If any provision of this joint resolution or
    the application thereof to any person or circumstances is held
    invalid, the remainder of the joint resolution and the
    application of such provision to any other person or
    circumstance shall not be affected thereby.
    ---------------------------------------------------------------------------
        \10\ 50 U.S.C. 1548.
    ---------------------------------------------------------------------------

                                 effective date

        Sec. 10. This joint resolution shall take effect on the
    date of its enactment.
                  b. National Emergencies Act, as amended \1\

     Public Law 94-412 [H.R. 3884], 90 Stat. 1255, approved September 14,
    1976; as amended by Public Law 95-223 [International Emergency Economic
      Powers Act; H.R. 7738], 91 Stat. 1625, approved December 28, 1977;
    Public Law 96-513 [Defense Officer Personnel Management Act; S. 1918],
     94 Stat. 2835, approved December 12, 1980; Public Law 99-93 [Foreign
    Relations Authorization Act, Fiscal Years 1986 and 1987; H.R. 2068], 99
       Stat. 448, approved August 16, 1985; Public Law 105-362 [Federal
      Reports Elimination Act of 1998; S. 1364], 112 Stat. 3280, approved
     November 10, 1998; and Public Law 107-314 [Bob Stump National Defense
      Authorization Act for Fiscal Year 2003; H.R. 4546], 116 Stat. 2458,
                           approved December 2, 2002
    ---------------------------------------------------------------------------

        \1\ See also Legislation on Foreign Relations Through 2005, vol.
    III, sec. J, on International Economic Sanctions.
    ---------------------------------------------------------------------------

       AN ACT To terminate certain authorities with respect to national
    emergencies still in effect, and to provide for orderly implementation
                and termination of future national emergencies.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``National Emergencies Act''.

               TITLE I--TERMINATING EXISTING DECLARED EMERGENCIES

        Sec. 101.\2\ (a) All powers and authorities possessed by
    the President, any other officer or employee of the Federal
    Government, or any executive agency, as defined in section 105
    of title 5, United States Code, as a result of the existence of
    this Act are terminated two years from the date of such
    enactment. Such termination shall not affect--
    ---------------------------------------------------------------------------
        \2\ 50 U.S.C. 1601.
    ---------------------------------------------------------------------------
              (1) any action taken or proceeding pending not
            finally concluded or determined on such date;
              (2) any action or proceeding based on any act
            committed prior to such date; or
              (3) any rights or duties that matured or penalties
            that were incurred prior to such date.
        (b) For the purpose of this section, the words ``any
    national emergency in effect'' means a general declaration of
    emergency made by the President.

             TITLE II--DECLARATIONS OF FUTURE NATIONAL EMERGENCIES

        Sec. 201.\3\ (a) With respect to Acts of Congress
    authorizing the exercise, during the period of a national
    emergency, of any special or extraordinary power, the President
    is authorized to declare such national emergency. Such
    proclamation shall immediately be transmitted to the Congress
    and published in the Federal Register.
    ---------------------------------------------------------------------------
        \3\ 50 U.S.C. 1621.
    ---------------------------------------------------------------------------
        (b) Any provisions of law conferring powers and authorities
    to be exercised during a national emergency shall be effective
    and remain in effect (1) only when the President (in accordance
    with subsection (a) of this section), specifically declares a
    national emergency, and (2) only in accordance with this Act.
    No law enacted after the date of enactment of this Act shall
    supersede this title unless it does so in specific terms,
    referring to this title, and declaring that the new law
    supersedes the provisions of this title.
        Sec. 202.\4\ (a) Any national emergency declared by the
    President in accordance with this title shall terminate if--
    ---------------------------------------------------------------------------
        \4\ 50 U.S.C. 1622. Sec. 801 of the Foreign Relations Authorization
    Act, Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 448) added
    references to a ``joint'' resolution instead of a ``concurrent''
    resolution in this section.
    ---------------------------------------------------------------------------
              (1) there is enacted into law a joint resolution
            terminating the emergency; or
              (2) the President issues a proclamation terminating
            the emergency.
    Any national emergency declared by the President shall be
    terminated on the date specified in any joint resolution
    referred to in clause (1) or on the date specified in a
    proclamation by the President terminating the emergency as
    provided in clause (2) of this subsection, whichever date is
    earlier, and any powers or authorities exercised by reason of
    said emergency shall cease to be exercised after such specified
    date, except that such termination shall not affect--
              (A) any action taken or proceeding pending not
            finally concluded or determined on such date;
              (B) any action or proceeding based on any act
            committed prior to such date; or
              (C) any rights or duties that matured or penalties
            that were incurred prior to such date.
        (b) Not later than six months after a national emergency is
    declared, and not later than the end of each six-month period
    thereafter that such emergency continues, each House of
    Congress shall meet to consider a vote on a joint resolution to
    determine whether that emergency shall be terminated.
        (c)(1) A joint resolution to terminate a national emergency
    declared by the President shall be referred to the appropriate
    committee of the House of Representatives or the Senate, as the
    case may be. One such joint resolution shall be reported out by
    such committee together with its recommendations within fifteen
    calendar days after the day on which such resolution is
    referred to such committee, unless such House shall otherwise
    determine by the yeas and nays.
        (2) Any joint resolution so reported shall become the
    pending business of the House in question (in the case of the
    Senate the time for debate shall be equally divided between the
    proponents and the opponents) and shall be voted on within
    three calendar days after the day on which such resolution is
    reported, unless such House shall otherwise determine by yeas
    and nays.
        (3) Such a joint resolution passed by one House shall be
    referred to the appropriate committee of the other House and
    shall be reported out by such committee together with its
    recommendations within fifteen calendar days after the day on
    which such resolution is referred to such committee and shall
    thereupon become the pending business of such House and shall
    be voted upon within three calendar days after the day on which
    such resolution is reported, unless such House shall otherwise
    determine by yeas and nays.
        (4) In the case of any disagreement between the two Houses
    of Congress with respect to a joint resolution passed by both
    Houses, conferees shall be promptly appointed and the committee
    of conference shall make and file a report with respect to such
    joint resolution within six calendar days after the day on
    which managers on the part of the Senate and the House have
    been appointed. Notwithstanding any rule in either House
    concerning the printing of conference reports or concerning any
    delay in the consideration of such reports, such report shall
    be acted on by both Houses not later than six calendar days
    after the conference report is filed in the House in which such
    report is filed first. In the event the conferees are unable to
    agree within forty-eight hours, they shall report back to their
    respective houses in disagreement.
        (5) Paragraphs (1)-(4) of this subsection, subsection (b)
    of this section, and section 502(b) of this Act are enacted by
    Congress--
              (A) as an exercise of the rulemaking power of the
            Senate and the House of Representatives, respectively,
            and as such they are deemed a part of the rules of each
            House, respectively, but applicable only with respect
            to the procedure to be followed in the House in the
            case of resolutions described by this subsection; and
            they supersede other rules only to the extent that they
            are inconsistent therewith; with
              (B) with full recognition of the constitutional right
            of either House to change the rules (so far as relating
            to the procedure of that House) at any time, in the
            same manner, and to the same extent as in the case of
            any other rule of that House.
        (d) Any national emergency declared by the President in
    accordance with this title, and not otherwise previously
    terminated, shall terminate on the anniversary of the
    declaration of that emergency if, within the ninety-day period
    prior to each anniversary date, the President does not publish
    in the Federal Register and transmit to the Congress a notice
    stating that such emergency is to continue in effect after such
    anniversary.

            TITLE III--EXERCISE OF EMERGENCY POWERS AND AUTHORITIES

        Sec. 301.\5\ When the President declares a national
    emergency, no powers or authorities made available by statute
    for use in the event of an emergency shall be exercised unless
    and until the President specifies the provisions of law under
    which he proposes that he, or other officers will act. Such
    specification may be made either in the declaration of a
    national emergency, or by one or more contemporaneous or
    subsequent Executive orders published in the Federal Register
    and transmitted to the Congress.
    ---------------------------------------------------------------------------
        \5\ 50 U.S.C. 1631.
    ---------------------------------------------------------------------------

      TITLE IV--ACCOUNTABILITY AND REPORTING REQUIREMENTS OF THE PRESIDENT

        Sec. 401.\6\ (a) When the President declares a national
    emergency, or Congress declares war, the President shall be
    responsible for maintaining a file and index of all significant
    orders of the President, including Executive orders and
    proclamations, and each Executive agency shall maintain a file
    and index of all rules and regulations, issued during such
    emergency or war issued pursuant to such declarations.
    ---------------------------------------------------------------------------
        \6\ 50 U.S.C. 1641.
    ---------------------------------------------------------------------------
        (b) All such significant orders of the President, including
    Executive orders, and such rules and regulations shall be
    transmitted to the Congress promptly under means to assure
    confidentiality where appropriate.
        (c) When the President declares a national emergency or
    Congress declares war, the President shall transmit to
    Congress, within ninety days after the end of each six-month
    period after such declarations, a report on the total
    expenditures incurred by the United States Government during
    such six-month period which are directly attributable to the
    exercise of powers and authorities conferred by such
    declaration. Not later than ninety days after the termination
    of each such emergency or war, the President shall transmit a
    final report on all such expenditures.

     TITLE V--REPEAL AND CONTINUATION OF CERTAIN EMERGENCY POWER AND OTHER
                                    STATUTES

        Sec. 501. (a) Section 349(a) of the Immigration and
    Nationality Act (8 U.S.C. 148(a)) is amended--
              (1) at the end of paragraph (9), by striking out ``;
            or'' and inserting in lieu thereof a period; and
              (2) by striking out paragraph (10).
        (b) Section 2667(b) of title 10 of the United States Code
    is amended--
              (1) by inserting ``and'' at the end of paragraph (3);
              (2) by striking out paragraph (4); and
              (3) by redesignating paragraph (5) and (4).
        (c) The joint resolution entitled ``Joint resolution to
    authorize the temporary continuation of regulation of consumer
    credit'', approved August 8, 1947 (12 U.S.C. 249), is repealed.
        (d) Section 5(m) of the Tennessee Valley Authority Act of
    1933 as amended (16 U.S.C. 831d(m)) is repealed.
        (e) Section 1383 of title 18, United States Code, is
    repealed.
        (f) Section 6 of the Act entitled ``An Act to amend the
    Public Health Service Act is regard to certain matters of
    personnel and administration, and for other purposes'',
    approved February 28, 1948, is amended by striking out
    subsections (b), (c), (d), (e), and (f) (42 U.S.C. 211b).
        (g) Section 9 of the Merchant Ship Sales Act of 1946 (50
    U.S.C. App. 1742) is repealed.
        (h) This section shall not affect--
              (1) any action taken or proceeding pending not
            finally concluded or determined at the time of repeal;
              (2) any action or proceeding based on any act
            committed prior to repeal; or
              (3) any rights or duties that matured or penalties
            that were incurred prior to repeal;
        Sec. 502.\7\ (a) The provisions of this Act shall not apply
    to the following provisions of law, the powers and authorities
    conferred thereby, and actions taken thereunder:
    ---------------------------------------------------------------------------
        \7\ 50 U.S.C. 1651.
    ---------------------------------------------------------------------------
              (1) Act of June 30, 1949 (41 U.S.C. 252); \8\
    ---------------------------------------------------------------------------
        \8\ Sec. 101(d) of Public Law 95-223 (91 Stat. 1625) repealed the
    original para. (1), which listed sec. 5(b) of the Trading With the
    Enemy Act. Sec. 1062(o)(1) of the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
    2652) struck out the original para. (2), which listed an ``Act of April
    28, 1942 (40 U.S.C. 278b)''. Sec. 1062(o)(1) then redesignated the
    remaining paras. (3) through (7) as paras. (1) through (5).
    ---------------------------------------------------------------------------
              (2) \8\ Section 3477 of the Revised Statutes, as
            amended (31 U.S.C. 203);
              (3) \8\ Section 3737 of the Revised Statutes, as
            amended (41 U.S.C. 15);
              (4) \8\ Public Law 85-804 (Act of Aug. 28, 1958, 72
            Stat. 972; 50 U.S.C. 1431 et seq.); \9\
    ---------------------------------------------------------------------------
        \9\ Sec. 901(r)(2) of Public Law 105-362 (112 Stat. 3291) struck
    out ``1431-1435'' and inserted in lieu thereof ``1431 et seq.''.
    ---------------------------------------------------------------------------
              (5) \8\ Section 2304(a)(1) of title 10, United States
            Code; \10\
    ---------------------------------------------------------------------------
        \10\ Sec. 507(b) of the Defense Officer Personnel Management Act
    (Public Law 96-513; 94 Stat. 2919) struck out para. (8) from sec.
    502(a), which had listed secs. 3313, 6386(c), and 8313 of 10 U.S.C.
    Sec. 502(a) originally included eight paragraphs.
    ---------------------------------------------------------------------------
        (b) Each committee of the House of Representatives and the
    Senate having jurisdiction with respect to any provision of law
    referred to in subsection (a) of this section shall make a
    complete study and investigation concerning that provision of
    law and make a report, including any recommendations and
    proposed revisions such committee may have, to its respective
    House of Congress within two hundred and seventy days after the
    date of enactment of this Act.
     c. Authorization for Use of Military Force Against Iraq Resolution of
                                    2002 \1\

     Public Law 107-243 [H.J. Res. 114], 116 Stat. 1498, approved October
                                    16, 2002

      JOINT RESOLUTION To authorize the use of United States Armed Forces
                                 against Iraq.

    Whereas in 1990 in response to Iraq's war of aggression against
        and illegal occupation of Kuwait, the United States forged
        a coalition of nations to liberate Kuwait and its people in
        order to defend the national security of the United States
        and enforce United Nations Security Council resolutions
        relating to Iraq;
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 1541 note.
    ---------------------------------------------------------------------------
    Whereas after the liberation of Kuwait in 1991, Iraq entered
        into a United Nations sponsored cease-fire agreement
        pursuant to which Iraq unequivocally agreed, among other
        things, to eliminate its nuclear, biological, and chemical
        weapons programs and the means to deliver and develop them,
        and to end its support for international terrorism;
    Whereas the efforts of international weapons inspectors, United
        States intelligence agencies, and Iraqi defectors led to
        the discovery that Iraq had large stockpiles of chemical
        weapons and a large scale biological weapons program, and
        that Iraq had an advanced nuclear weapons development
        program that was much closer to producing a nuclear weapon
        than intelligence reporting had previously indicated;
    Whereas Iraq, in direct and flagrant violation of the cease-
        fire, attempted to thwart the efforts of weapons inspectors
        to identify and destroy Iraq's weapons of mass destruction
        stockpiles and development capabilities, which finally
        resulted in the withdrawal of inspectors from Iraq on
        October 31, 1998;
    Whereas in Public Law 105-235 (August 14, 1998), Congress
        concluded that Iraq's continuing weapons of mass
        destruction programs threatened vital United States
        interests and international peace and security, declared
        Iraq to be in ``material and unacceptable breach of its
        international obligations'' and urged the President ``to
        take appropriate action, in accordance with the
        Constitution and relevant laws of the United States, to
        bring Iraq into compliance with its international
        obligations'';
    Whereas Iraq both poses a continuing threat to the national
        security of the United States and international peace and
        security in the Persian Gulf region and remains in material
        and unacceptable breach of its international obligations
        by, among other things, continuing to possess and develop a
        significant chemical and biological weapons capability,
        actively seeking a nuclear weapons capability, and
        supporting and harboring terrorist organizations;
    Whereas Iraq persists in violating resolution of the United
        Nations Security Council by continuing to engage in brutal
        repression of its civilian population thereby threatening
        international peace and security in the region, by refusing
        to release, repatriate, or account for non-Iraqi citizens
        wrongfully detained by Iraq, including an American
        serviceman, and by failing to return property wrongfully
        seized by Iraq from Kuwait;
    Whereas the current Iraqi regime has demonstrated its
        capability and willingness to use weapons of mass
        destruction against other nations and its own people;
    Whereas the current Iraqi regime has demonstrated its
        continuing hostility toward, and willingness to attack, the
        United States, including by attempting in 1993 to
        assassinate former President Bush and by firing on many
        thousands of occasions on United States and Coalition Armed
        Forces engaged in enforcing the resolutions of the United
        Nations Security Council;
    Whereas members of al Qaida, an organization bearing
        responsibility for attacks on the United States, its
        citizens, and interests, including the attacks that
        occurred on September 11, 2001, are known to be in Iraq;
    Whereas Iraq continues to aid and harbor other international
        terrorist organizations, including organizations that
        threaten the lives and safety of United States citizens;
    Whereas the attacks on the United States of September 11, 2001,
        underscored the gravity of the threat posed by the
        acquisition of weapons of mass destruction by international
        terrorist organizations;
    Whereas Iraq's demonstrated capability and willingness to use
        weapons of mass destruction, the risk that the current
        Iraqi regime will either employ those weapons to launch a
        surprise attack against the United States or its Armed
        Forces or provide them to international terrorists who
        would do so, and the extreme magnitude of harm that would
        result to the United States and its citizens from such an
        attack, combine to justify action by the United States to
        defend itself;
    Whereas United Nations Security Council Resolution 678 (1990)
        authorizes the use of all necessary means to enforce United
        Nations Security Council Resolution 660 (1990) and
        subsequent relevant resolutions and to compel Iraq to cease
        certain activities that threaten international peace and
        security, including the development of weapons of mass
        destruction and refusal or obstruction of United Nations
        weapons inspections in violation of United Nations Security
        Council Resolution 687 (1991), repression of its civilian
        population in violation of United Nations Security Council
        Resolution 688 (1991), and threatening its neighbors or
        United Nations operations in Iraq in violation of United
        Nations Security Council Resolution 949 (1994);
    Whereas in the Authorization for Use of Military Force Against
        Iraq Resolution (Public Law 102-1), Congress has authorized
        the President ``to use United States Armed Forces pursuant
        to United Nations Security Council Resolution 678 (1990) in
        order to achieve implementation of Security Council
        Resolution 660, 661, 662, 664, 665, 666, 667, 669, 670,
        674, and 677'';
    Whereas in December 1991, Congress expressed its sense that it
        ``supports the use of all necessary means to achieve the
        goals of United Nations Security Council Resolution 687 as
        being consistent with the Authorization of Use of Military
        Force Against Iraq Resolution (Public Law 102-1),'' that
        Iraq's repression of its civilian population violates
        United Nations Security Council Resolution 688 and
        ``constitutes a continuing threat to the peace, security,
        and stability of the Persian Gulf region,'' and that
        Congress, ``supports the use of all necessary means to
        achieve the goals of United Nations Security Council
        Resolution 688'';
    Whereas the Iraq Liberation Act of 1998 (Public Law 105-338)
        expressed the sense of Congress that it should be the
        policy of the United States to support efforts to remove
        from power the current Iraqi regime and promote the
        emergence of a democratic government to replace that
        regime;
    Whereas on September 12, 2002, President Bush committed the
        United States to ``work with the United Nations Security
        Council to meet our common challenge'' posed by Iraq and to
        ``work for the necessary resolutions,'' while also making
        clear that ``the Security Council resolutions will be
        enforced, and the just demands of peace and security will
        be met, or action will be unavoidable'';
    Whereas the United States is determined to prosecute the war on
        terrorism and Iraq's ongoing support for international
        terrorist groups combined with its development of weapons
        of mass destruction in direct violation of its obligations
        under the 1991 cease-fire and other United Nations Security
        Council resolutions make clear that it is in the national
        security interests of the United States and in furtherance
        of the war on terrorism that all relevant United Nations
        Security Council resolutions be enforced, including through
        the use of force if necessary;
    Whereas Congress has taken steps to pursue vigorously the war
        on terrorism through the provision of authorities and
        funding requested by the President to take the necessary
        actions against international terrorists and terrorist
        organizations, including those nations, organizations, or
        persons who planned, authorized, committed, or aided the
        terrorist attacks that occurred on September 11, 2001, or
        harbored such persons or organizations;
    Whereas the President and Congress are determined to continue
        to take all appropriate actions against international
        terrorists and terrorist organizations, including those
        nations, organizations, or persons who planned, authorized,
        committed, or aided the terrorist attacks that occurred on
        September 11, 2001, or harbored such persons or
        organizations;
    Whereas the President has authority under the Constitution to
        take action in order to deter and prevent acts of
        international terrorism against the United States, as
        Congress recognized in the joint resolution on
        Authorization for Use of Military Force (Public Law 107-
        40); and
    Whereas it is in the national security interests of the United
        States to restore international peace and security to the
        Persian Gulf region: Now, therefore, be it
        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

        This joint resolution may be cited as the ``Authorization
    for Use of Military Force Against Iraq Resolution of 2002''.

    SEC. 2. SUPPORT FOR UNITED STATES DIPLOMATIC EFFORTS.

        The Congress of the United States supports the efforts by
    the President to--
              (1) strictly enforce through the United Nations
            Security Council all relevant Security Council
            resolutions regarding Iraq and encourages him in those
            efforts; and
              (2) obtain prompt and decisive action by the Security
            Council to ensure that Iraq abandons its strategy of
            delay, evasion and noncompliance and promptly and
            strictly complies with all relevant Security Council
            resolutions regarding Iraq.

    SEC. 3. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

        (a) Authorization.--The President is authorized to use the
    Armed Forces of the United States as he determines to be
    necessary and appropriate in order to--
              (1) defend the national security of the United States
            against the continuing threat posed by Iraq; and
              (2) enforce all relevant United Nations Security
            Council resolutions regarding Iraq.
        (b) Presidential Determination.--In connection with the
    exercise of the authority granted in subsection (a) to use
    force the President shall, prior to such exercise or as soon
    thereafter as may be feasible, but no later than 48 hours after
    exercising such authority, make available to the Speaker of the
    House of Representatives and the President pro tempore of the
    Senate his determination that--
              (1) reliance by the United States on further
            diplomatic or other peaceful means alone either (A)
            will not adequately protect the national security of
            the United States against the continuing threat posed
            by Iraq or (B) is not likely to lead to enforcement of
            all relevant United Nations Security Council
            resolutions regarding Iraq; and
              (2) acting pursuant to this joint resolution is
            consistent with the United States and other countries
            continuing to take the necessary actions against
            international terrorist and terrorist organizations,
            including those nations, organizations, or persons who
            planned, authorized, committed or aided the terrorist
            attacks that occurred on September 11, 2001.
        (c) War Powers Resolution Requirements.--
              (1) Specific statutory authorization.--Consistent
            with section 8(a)(1) of the War Powers Resolution, the
            Congress declares that this section is intended to
            constitute specific statutory authorization within the
            meaning of section 5(b) of the War Powers Resolution.
              (2) Applicability of other requirements.--Nothing in
            this joint resolution supersedes any requirement of the
            War Powers Resolution.

    SEC. 4. REPORTS TO CONGRESS.\2\

        (a) Reports.--The President \3\ shall, at least once every
    60 days, submit to the Congress a report on matters relevant to
    this joint resolution, including actions taken pursuant to the
    exercise of authority granted in section 3 and the status of
    planning for efforts that are expected to be required after
    such actions are completed, including those actions described
    in section 7 of the Iraq Liberation Act of 1998 (Public Law
    105-338).
    ---------------------------------------------------------------------------
        \2\ The United States Policy in Iraq Act (sec. 1227 of the National
    Defense Authorization Act for Fiscal Year 2006; Public Law 109-163; 119
    Stat. 3465; 50 U.S.C. 1541 note) also requires the President to report
    to Congress on operations in Iraq. Sec. 1227(c) of that Act provides as
    follows:
        ``(c) Reports to Congress on United States Policy and Military
    Operation in Iraq.--Not later than 90 days after the date of the
    enactment of this Act, and every three months thereafter until all
    United States combat brigades have redeployed from Iraq, the President
    shall submit to Congress a report on United States policy and military
    operations in Iraq. To the maximum extent practicable, the report
    required in (c) shall be unclassified, with a classified annex if
    necessary. Each report shall include to the extent practical, the
    following information:
    ---------------------------------------------------------------------------

      ``(1) The current military mission and the diplomatic, political,
    economic, and military measures that are being or have been undertaken to
    successfully complete or support that mission, including:

      ``(A) Efforts to convince Iraq's main communities to make the compromises
    necessary for a broad-based and sustainable political settlement.

      ``(B) Engaging the international community and the region in efforts to
    stabilize Iraq and to forge a broadbased and sustainable political
    settlement.

      ``(C) Strengthening the capacity of Iraq's government ministries.

      ``(D) Accelerating the delivery of basic services.

      ``(E) Securing the delivery of pledged economic assistance from the
    international community and additional pledges of assistance.

      ``(F) Training Iraqi security forces and transferring additional security
    responsibilities to those forces and the government of Iraq.

      ``(2) Whether the Iraqis have made the compromises necessary to achieve
    the broad-based and sustainable political settlement that is essential for
    defeating the insurgency in Iraq.

      ``(3) Any specific conditions included in the April 2005 Multi-National
    Forces-Iraq campaign action plan (referred to in United States Government
    Accountability Office October 2005 report on Rebuilding Iraq: DOD Reports
    Should Link Economic, Governance, and Security Indicators to Conditions for
    Stabilizing Iraq), and any subsequent updates to that campaign plan, that
    must be met in order to provide for the transition of additional security
    responsibility to Iraqi security forces.

      ``(4) To the extent that these conditions are not covered under paragraph
    (3), the following should also be addressed:

      ``(A) The number of battalions of the Iraqi Armed Forces that must be
    able to operate independently or to take the lead in counterinsurgency
    operations and the defense of Iraq's territory.

      ``(B) The number of Iraqi special police units that must be able to
    operate independently or to take the lead in maintaining law and order and
    fighting the insurgency.

      ``(C) The number of regular police that must be trained and equipped to
    maintain law and order.

      ``(D) The ability of Iraq's Federal ministries and provincial and local
    governments to independently sustain, direct, and coordinate Iraq's
    security forces.

      ``(5) The criteria to be used to evaluate progress toward meeting such
    conditions.

      ``(6) A plan for meeting such conditions, an assessment of the extent to
    which such conditions have been met, information regarding variables that
    could alter that plan, and the reasons for any subsequent changes to that
    plan.''.
    ---------------------------------------------------------------------------

        In a memorandum of April 6, 2006 (71 F.R. 19427; April 14, 2006; 50
    U.S.C. 1541 note), the President delegated the reporting obligation in
    sec. 1227(c) to the Secretary of State.
        \3\ In a memorandum of July 2, 2004 (69 F.R. 43723; July 21, 2004;
    50 U.S.C. 1541 note), the President delegated the reporting obligation
    in sec. 4 to the Secretary of State.
    ---------------------------------------------------------------------------
        (b) Single Consolidated Report.--To the extent that the
    submission of any report described in subsection (a) coincides
    with the submission of any other report on matters relevant to
    this joint resolution otherwise required to be submitted to
    Congress pursuant to the reporting requirements of the War
    Powers Resolution (Public Law 93-148), all such reports may be
    submitted as a single consolidated report to the Congress.(c)
    Rule of Construction.--To the extent that the information
    required by section 3 of the Authorization for Use of Military
    Force Against Iraq Resolution (Public Law 102-1) is included in
    the report required by this section, such report shall be
    considered as meeting the requirements of section 3 of such
    resolution.
      d. Authorization for Use of Military Force in Response to Terrorist
                       Attacks of September 11, 2001 \1\

    Public Law 107-40 [S.J. Res. 23], 115 Stat. 224, approved September 18,
                                      2001

      JOINT RESOLUTION To authorize the use of United States Armed Forces
     against those responsible for the recent attacks launched against the
                                 United States.

    Whereas, on September 11, 2001, acts of treacherous violence
        were committed against the United States and its citizens;
        and Whereas, such acts render it both necessary and
        appropriate that the United States exercise its rights to
        self-defense and to protect United States citizens both at
        home and abroad; and
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 1541 note.
    ---------------------------------------------------------------------------
    Whereas, in light of the threat to the national security and
        foreign policy of the United States posed by these grave
        acts of violence; and
    Whereas, such acts continue to pose an unusual and
        extraordinary threat to the national security and foreign
        policy of the United States; and
    Whereas, the President has authority under the Constitution to
        take action to deter and prevent acts of international
        terrorism against the United States: Now, therefore, be it
        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

        This joint resolution may be cited as the ``Authorization
    for Use of Military Force''.

    SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

        (a) In General.--That the President is authorized to use
    all necessary and appropriate force against those nations,
    organizations, or persons he determines planned, authorized,
    committed, or aided the terrorist attacks that occurred on
    September 11, 2001, or harbored such organizations or persons,
    in order to prevent any future acts of international terrorism
    against the United States by such nations, organizations or
    persons.
        (b) War Powers Resolution Requirements.--
              (1) Specific statutory authorization.--Consistent
            with section 8(a)(1) of the War Powers Resolution, the
            Congress declares that this section is intended to
            constitute specific statutory authorization within the
            meaning of section 5(b) of the War Powers Resolution.
              (2) Applicability of other requirements.--Nothing in
            this resolution supercedes any requirement of the War
            Powers Resolution.
                    e. United States Policy Toward Haiti \1\

     Public Law 103-423 [S.J. Res. 229], 108 Stat. 4358, approved October
                                    25, 1994

         JOINT RESOLUTION Regarding United States policy toward Haiti.

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled,
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 1541 note. Sec. 1232 of the National Defense
    Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
    788) provided the following:
    ---------------------------------------------------------------------------

    ``sec. 1232. limitation on deployment of armed forces in haiti during
    fiscal year 2000 and congressional notice of deployments to haiti.
    ---------------------------------------------------------------------------

        ``(a) Limitation on Deployment.--No funds available to the
    Department of Defense during fiscal year 2000 may be expended after May
    31, 2000, for the continuous deployment of United States Armed Forces
    in Haiti pursuant to the Department of Defense operation designated as
    Operation Uphold Democracy.
        ``(b) Report.--Whenever there is a deployment of United States
    Armed Forces to Haiti after May 31, 2000, the President shall, not
    later than 96 hours after such deployment begins, transmit to Congress
    a written report regarding the deployment. In any such report, the
    President shall specify (1) the purpose of the deployment, and (2) the
    date on which the deployment is expected to end.''.
        Subsequently, sec. 1222 of the National Defense Authorization Act
    for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1253) repealed
    subsec. (b) of sec. 1232.
    ---------------------------------------------------------------------------

    SECTION 1. SENSE OF CONGRESS REGARDING UNITED STATES ARMED FORCES
                        OPERATIONS IN HAITI.

        It is the sense of Congress that--
              (a) the men and women of the United States Armed
            Forces in Haiti who are performing with professional
            excellence and dedicated patriotism are to be
            commended;
              (b) the President should have sought and welcomed
            Congressional approval before deploying United States
            Armed Forces to Haiti;
              (c) the departure from power of the de facto
            authorities in Haiti, and Haitian efforts to achieve
            national reconciliation, democracy and the rule of law
            are in the best interests of the Haitian people;
              (d) the President's lifting of the unilateral
            economic sanctions on Haiti, and his efforts to bring
            about the lifting of economic sanctions imposed by the
            United Nations are appropriate; and
              (e) Congress supports a prompt and orderly withdrawal
            of all United States Armed Forces from Haiti as soon as
            possible.

    SEC. 2. PRESIDENTIAL STATEMENT OF NATIONAL SECURITY OBJECTIVES.

        The President shall prepare and submit to the President pro
    tempore of the Senate and the Speaker of the House of
    Representatives (hereafter, ``Congress'') not later than seven
    days after enactment of this resolution a statement of the
    national security objectives to be achieved by Operation Uphold
    Democracy, and a detailed description of United States policy,
    the military mission and the general rules of engagement under
    which operations of United States Armed Forces are conducted in
    and around Haiti, including the role of United States Armed
    Forces regarding Haitian on Haitian violence, and efforts to
    disarm Haitian military or police forces, or civilians. Changes
    or modifications to such objectives, policy, military mission,
    or general rules of engagement shall be submitted to Congress
    within forty-eight hours of approval.

    SEC. 3. REPORT ON THE SITUATION IN HAITI.

        Not later than November 1, 1994, and monthly thereafter
    until the cessation of Operation Uphold Democracy, the
    President shall submit a report to Congress on the situation in
    Haiti, including--
              (a) a listing of the units of the United States Armed
            Forces and of the police and military units of other
            nations participating in operations in and around
            Haiti;
              (b) the estimated duration of Operation Uphold
            Democracy and progress toward the withdrawal of all
            United States Armed Forces from Haiti consistent with
            the goal of section 1(e) of this resolution;
              (c) armed incidents or the use of force in or around
            Haiti involving United States Armed Forces or Coast
            Guard personnel in the time period covered by the
            report;
              (d) the estimated cumulative incremental cost of all
            United States activities subsequent to September 30,
            1993, in and around Haiti, including but not limited
            to--
                      (1) the cost of all deployments of United
                    States Armed Forces and Coast Guard personnel,
                    training, exercises, mobilization, and
                    preparation activities, including the
                    preparation of police and military units of the
                    other nations of the multinational force
                    involved in enforcement of sanctions, limits on
                    migration, establishment and maintenance of
                    migrant facilities at Guantanamo Bay and
                    elsewhere, and all other activities relating to
                    operations in and around Haiti; and
                      (2) the costs of all other activities
                    relating to United States policy toward Haiti,
                    including humanitarian assistance,
                    reconstruction, aid and other financial
                    assistance, and all other costs to the United
                    States Government;
              (e) a detailed accounting of the source of funds
            obligated or expended to meet the costs described in
            subparagraph (d), including--
                      (1) in the case of funds expended from the
                    Department of Defense budget, a breakdown by
                    military service or defense agency, line item
                    and program, and
                      (2) in the case of funds expended from the
                    budgets of departments and agencies other than
                    the Department of Defense, by department or
                    agency and program;
              (f) the Administration plan for financing the costs
            of the operations and the impact on readiness without
            supplemental funding;
              (g) a description of the situation in Haiti,
            including--
                      (1) the security situation;
                      (2) the progress made in transferring the
                    functions of government to the democratically
                    elected government of Haiti; and
                      (3) progress toward holding free and fair
                    parliamentary elections;
              (h) a description of issues relating to the United
            Nations Mission in Haiti (UNMIH), including--
                      (1) the preparedness of the United Nations
                    Mission in Haiti (UNMIH) to deploy to Haiti to
                    assume its functions;
                      (2) troop commitments by other nations to
                    UNMIH;
                      (3) the anticipated cost to the United States
                    of participation in UNMIH, including payments
                    to the United Nations and financial, material
                    and other assistance to UNMIH;
                      (4) proposed or actual participation of
                    United States Armed Forces in UNMIH;
                      (5) proposed command arrangements for UNMIH,
                    including proposed or actual placement of
                    United States Armed Forces under foreign
                    command; and
                      (6) the anticipated duration of UNMIH.

    SEC. 4. REPORT ON HUMAN RIGHTS.

        Not later than January 1, 1995, the Secretary of State
    shall report to Congress on the participation or involvement of
    any member of the de jure or de facto Haitian government in
    violations of internationally-recognized human rights from
    December 15, 1990, to December 15, 1994.

    SEC. 5. REPORT ON UNITED STATES AGREEMENTS.

        Not later than November 15, 1994, the Secretary of State
    shall provide a comprehensive report to Congress on all
    agreements the United States has entered into with other
    nations, including any assistance pledged or provided, in
    connection with United States efforts in Haiti. Such report
    shall also include information on any agreements or commitments
    relating to United Nations Security Council actions concerning
    Haiti since 1992.

    SEC. 6. TRANSITION TO UNITED NATIONS MISSION IN HAITI.

        Nothing in this resolution should be construed or
    interpreted to constitute Congressional approval or disapproval
    of the participation of United States Armed Forces in the
    United Nations Mission in Haiti.
          f. Authorization for Use of Military Force Against Iraq \1\

      Public Law 102-1 [H.J. Res. 77], 105 Stat. 3, approved January 14,
    1991; as amended by Public Law 106-113 [Admiral James W. Nance and Meg
      Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
     2001, H.R. 3427, enacted by reference in H.R. 3194], 113 Stat. 1536,
                           approved November 29, 1999

      JOINT RESOLUTION To authorize the use of United States Armed Forces
          pursuant to United Nations Security Council Resolution 678.

    Whereas the Government of Iraq without provocation invaded and
        occupied the territory of Kuwait on August 2, 1990;
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 1541 note. For other legislation on U.S. policy
    toward Iraq, see Legislation on Foreign Relations Through 2005, vol. I-
    B.
    ---------------------------------------------------------------------------
    Whereas both the House of Representatives (in H. J. Res. 658 of
        the 101st Congress) and the Senate (in S. Con. Res. 147 of
        the 101st Congress) have condemned Iraq's invasion of
        Kuwait and declared their support for international action
        to reverse Iraq's aggression;
    Whereas, Iraq's conventional, chemical, biological, and nuclear
        weapons and ballistic missile programs and its demonstrated
        willingness to use weapons of mass destruction pose a grace
        threat to world peace;
    Whereas the international community has demanded that Iraq
        withdraw unconditionally and immediately from Kuwait and
        that Kuwait's independence and legitimate government be
        restored;
    Whereas the United Nations Security Council repeatedly affirmed
        the inherent right of individual or collective self-defense
        in response to the armed attack by Iraq against Kuwait in
        accordance with Article 51 of the United Nations Charter;
    Whereas, in the absence of full compliance by Iraq with its
        resolutions, the United Nations Security Council in
        Resolution 678 has authorized member states of the United
        Nations to use all necessary means, after January 15, 1991,
        to uphold and implement all relevant Security Council
        resolutions and to restore international peace and security
        in the area; and
    Whereas Iraq has persisted in its illegal occupation of, and
        brutal aggression against Kuwait: Now, therefore be it

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

        This joint resolution may be cited as the ``Authorization
    for Use of Military Force Against Iraq Resolution''.

    SEC. 2. AUTHORIZATION FOR USE OF UNITED STATES ARMED FORCES.

        (a) Authorization.--The President is authorized, subject to
    subsection (b), to use United States Armed Forces pursuant to
    United Nations Security Council Resolution 678 (1990) in order
    to achieve implementation of Security Council Resolutions 660,
    661, 662, 664, 665, 666, 667, 669, 670, 674, and 677.\2\
    ---------------------------------------------------------------------------
        \2\ United Nations Security Council Resolution 678, adopted
    November 29, 1990, recalled and reaffirmed the intentions of earlier
    U.N. resolutions relating to Iraq's invasion of Kuwait on August 2,
    1990. Earlier resolutions, in part, condemned the Iraqi invasion of
    Kuwait, demanded that Iraq withdraw immediately and unconditionally
    from Kuwait, and called on Iraq and Kuwait to begin negotiations for
    the resolution of their differences (Resolution 660 adopted August 2,
    1990); prevented trade relations between Iraq and U.N. Member States,
    or the import of any Iraqi or Kuwaiti products, and established a
    Committee of the Security Council to examine progress of this trade
    embargo (Resolution 661 adopted August 6, 1990); determined that the
    annexation of Kuwait by Iraq had no legal validity (Resolution 662 of
    August 9, 1990); demanded that Iraq facilitate and permit the immediate
    departure from Kuwait and Iraq of third country citizens (Resolution
    664 adopted August 18, 1990); called upon Member States to blockade
    maritime activity to the region (Resolution 665 adopted August 25,
    1990); considered an exemption of the trade embargo for foodstuffs to
    Iraq and Kuwait (Resolution 666 adopted September 13, 1990); condemned
    Iraq's aggressions against international diplomatic premises and
    personnel in Kuwait (Resolution 667 adopted September 16, 1990);
    expanded responsibilities of the Committee established under Resolution
    661 (Resolution 669 adopted September 14, 1990); further defined the
    trade embargo to include air traffic, and called upon Member States to
    detain Iraqi ships in port (Resolution 670 adopted September 25, 1990);
    condemned the taking of third nation nationals hostage, and condemned
    the destruction of Kuwaiti property by Iraq (Resolution 674 adopted
    October 29, 1990); and condemned Iraqi attempts to alter the
    demographic composition of the Kuwaiti population (Resolution 677
    adopted November 28, 1990).
        U.N. Security Council Resolution 678, adopted on November 29, 1990,
    read in part as follows:
        ``Demands that Iraq comply fully with resolutions 660 (1990) and
    all subsequent relevant resolutions, and decides, while maintaining all
    its decisions, to allow Iraq one final opportunity, as a pause of
    goodwill, to do so;
        ``Authorizes Member States cooperating with the Government of
    Kuwait, unless Iraq on or before 15 January 1991 fully implements, as
    set forth in paragraph 1 above, the foregoing resolutions, to use all
    necessary means to uphold and implement resolution 660 (1990) and all
    subsequent relevant resolutions and to restore international peace and
    security in the area;''.
    ---------------------------------------------------------------------------
        (b) Requirement for Determination That Use of Military
    Force Is Necessary.--Before exercising the authority granted in
    subsection (a), the President shall make available to the
    Speaker of the House of Representatives and the President pro
    tempore of the Senate his determination that--
              (1) the United States has used all appropriated
            diplomatic and other peaceful means to obtain
            compliance by Iraq with the United Nations Security
            Council resolutions cited in subsection (a); and
              (2) that those efforts have not been and would not be
            successful in obtaining such compliance.
        (c) War Powers Resolution Requirements.--
              (1) Specific statutory authorization.--Consistent
            with section 8(a)(1) of the War Powers Resolution, the
            Congress declares that this section is intended to
            constitute specific statutory authorization within the
            meaning of section 5(b) of the War Powers Resolution.
              (2) Applicability of other requirements.--Nothing in
            this resolution supersedes any requirement of the War
            Powers Resolution.

    SEC. 3. REPORTS TO CONGRESS.

        At least once every 90 \3\ days, the President \4\ shall
    submit to the Congress a summary on the status of efforts to
    obtain compliance by Iraq with the resolutions adopted by the
    United Nations Security Council in response to Iraq's
    aggression.
    ---------------------------------------------------------------------------
        \3\ Sec. 207 of the Admiral James W. Nance and Meg Donovan Foreign
    Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
    enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
    Stat. 1536), struck out ``60'' and inserted in lieu thereof ``90''.
        \4\ In a memorandum of July 2, 2004 (69 F.R. 43723; July 21, 2004;
    50 U.S.C. 1541 note), the President delegated the reporting obligation
    in sec. 3 to the Secretary of State.
             g. Authorization for Use of Military Force in Somalia

           Partial text of Public Law 103-139 [Department of Defense
    Appropriations Act, 1994; H.R. 2519], 107 Stat. 1418 at 1475, approved
                               November 11, 1993

      AN ACT Making appropriations for the Department of Defense 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 fiscal year ending
    September 30, 1994, for military functions administered by the
    Department of Defense, and for other purposes, namely:

              * * * * * * *
        Sec. 8151.\1\ (a) The Congress finds that--
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 1541 note.
    ---------------------------------------------------------------------------
              (1) the United States entered into Operation Restore
            Hope in December of 1992 for the purpose of relieving
            mass starvation in Somalia;
              (2) the original mission in Somalia, to secure the
            environment for humanitarian relief, had the unanimous
            support of the Senate, expressed in Senate Joint
            Resolution 45, passed on February 4, 1993, and was
            endorsed by the House when it amended S.J. Res. 45 on
            May 25, 1993;
              (3) Operation Restore Hope was being successfully
            accomplished by United States forces, working with
            forces of other nations, when it was replaced by the
            UNOSOM II mission, assumed by the United Nations on May
            4, 1993, pursuant to United Nations Resolution 814 of
            March 26, 1993;
              (4) neither the expanded United Nations mission of
            national reconciliation, nor the broad mission of
            disarming the clans, nor any other mission not
            essential to the performance of the humanitarian
            mission has been endorsed or approved by the Senate;
              (5) the expanded mission of the United Nations was,
            subsequent to an attack upon United Nations forces,
            diverted into a mission aimed primarily at capturing
            certain persons, pursuant to United Nations Security
            Council Resolution 837, of June 6, 1993;
              (6) the actions of hostile elements in Mogadishu, and
            the United Nations mission to subdue those elements,
            have resulted in open conflict in the city of Mogadishu
            and the deaths of 29 Americans, at least 159 wounded,
            and the capture of American personnel; and
              (7) during fiscal years 1992 and 1993, the United
            States incurred expenses in excess of $1,100,000,000 to
            support operations in Somalia.
        (b) The Congress approves the use of United States Armed
    Forces in Somalia for the following purposes:
              (1) The protection of United States personnel and
            bases; and
              (2) The provision of assistance in securing open
            lines of communication for the free flow of supplies
            and relief operations through the provision of--
                      (A) United States military logistical support
                    services to United Nations forces; and
                      (B) United States combat forces in a security
                    role and as an interim force protection
                    supplement to United Nations units: Provided,
                    That funds appropriated, or otherwise made
                    available, in this or any other Act to the
                    Department of Defense may be obligated for
                    expenses incurred only through March 31, 1994,
                    for the operations of United States Armed
                    Forces in Somalia: Provided further, That such
                    date may be extended if so requested by the
                    President and authorized by the Congress:
                    Provided further, That funds may be obligated
                    beyond March 31, 1994 to support a limited
                    number of United States military personnel
                    sufficient only to protect American diplomatic
                    facilities and American citizens, and noncombat
                    personnel to advise the United Nations
                    commander in Somalia: Provided further, That
                    United States combat forces in Somalia shall be
                    under the command and control of United States
                    commanders under the ultimate direction of the
                    President of the United States: Provided
                    further, That the President should intensify
                    efforts to have United Nations member countries
                    immediately deploy additional troops to Somalia
                    to fulfill previous force commitments made to
                    the United Nations and to deploy additional
                    forces to assume the security missions of
                    United States Armed Forces: Provided further,
                    That--
                              (i) captured United States personnel
                            in Somalia should be treated humanely
                            and fairly; and
                              (ii) the United States and the United
                            Nations should make all appropriate
                            efforts to ensure the immediate and
                            safe return of any future captured
                            United States personnel: Provided
                            further, That the President should
                            ensure that, at all times, United
                            States military personnel in Somalia
                            have the capacity to defend themselves,
                            and American citizens: Provided
                            further, That the United States Armed
                            Forces should remain deployed in or
                            around Somalia until such time as all
                            American service personnel missing in
                            action in Somalia are accounted for,
                            and all American service personnel held
                            prisoner in Somalia are released:
                            Provided further, That nothing herein
                            shall be deemed to restrict in any way
                            the authority of the President under
                            the Constitution to protect the lives
                            of Americans.
              * * * * * * *
                        h. U.S. Armed Forces in Somalia

    Partial text of Public Law 103-160 [H.R. 2401], 107 Stat. 1547 at 1840,
                           approved November 30, 1993

     AN ACT To authorize appropriations for fiscal year 1994 for military
    activities of the Department of Defense, for military construction, and
       for defense activities of the Department of Energy, to prescribe
    personnel strengths for such fiscal year 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,

    SEC. 1512.\1\ INVOLVEMENT OF ARMED FORCES IN SOMALIA.

        (a) Sense of Congress Regarding United States Policy Toward
    Somalia.--
              (1) Since United States Armed Forces made significant
            contributions under Operation Restore Hope towards the
            establishment of a secure environment for humanitarian
            relief operations and restoration of peace in the
            region to end the humanitarian disaster that had
            claimed more than 300,000 lives.
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 1541 note.
    ---------------------------------------------------------------------------
              (2) Since the mission of United States forces in
            support of the United Nations appears to be evolving
            from the establishment of ``a secure environment for
            humanitarian relief operations,'' as set out in United
            Nations Security Council Resolution 794 of December 3,
            1992, to one of internal security and nation building.
        (b) Statement of Congressional Policy.--
              (1) Consultation with the congress.--The President
            should consult closely with the Congress regarding
            United States policy with respect to Somalia, including
            in particular the deployment of United States Armed
            Forces in that country, whether under United Nations or
            United States command.
              (2) Planning.--The United States shall facilitate the
            assumption of the functions of United States forces by
            the United Nations.
              (3) Reporting requirement.--
                      (A) The President shall ensure that the goals
                    and objectives supporting deployment of United
                    States forces to Somalia and a description of
                    the mission, command arrangements, size,
                    functions, location, and anticipated duration
                    in Somalia of those forces are clearly
                    articulated and provided in a detailed report
                    to the Congress by October 15, 1993.
                      (B) Such report shall include the status of
                    planning to transfer the function contained in
                    paragraph (2).
              (4) Congressional approval.--Upon reporting under the
            requirements of paragraph (3) Congress believes the
            President should by November 15, 1993, seek and receive
            congressional authorization in order for the deployment
            of United States forces to Somalia to continue.
              * * * * * * *
                  i. United States Military Forces in Lebanon

               (1) Multinational Force in Lebanon Resolution \1\

     Public Law 98-119 [S.J. Res. 159], 97 Stat. 805, approved October 12,
                                      1983

      A JOINT RESOLUTION Providing statutory authorization under the War
      Powers Resolution for continued United States participation in the
        multinational peacekeeping force in Lebanon in order to obtain
                 withdrawal of all foreign forces from Lebanon.

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled,
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 1541 note.
    ---------------------------------------------------------------------------

                                  short title

        Section 1. This joint resolution may be cited as the
    ``Multinational Force in Lebanon Resolution''.

                              findings and purpose

        Sec. 2. (a) The Congress finds that--
              (1) the removal of all foreign forces from Lebanon is
            an essential United States foreign policy objective in
            the Middle East;
              (2) in order to restore full control by the
            Government of Lebanon over its own territory, the
            United States is currently participating in the
            multinational peacekeeping force (hereafter in this
            resolution referred to as the ``Multinational Force in
            Lebanon'') which was established in accordance with the
            exchange of letters between the Governments of the
            United States and Lebanon dated September 25, 1982;
              (3) the Multinational Force in Lebanon better enables
            the Government of Lebanon to establish its unity,
            independence, and territorial integrity;
              (4) progress toward national political reconciliation
            in Lebanon is necessary; and
              (5) United States Armed Forces participating in the
            Multinational Force in Lebanon are now in hostilities
            requiring authorization of their continued presence
            under the War Powers Resolution.
        (b) The Congress determines that the requirements of
    section 4(a)(1) of the War Powers Resolution became operative
    on August 29, 1983. Consistent with section 5(b) of the War
    Powers Resolution, the purpose of this joint resolution is to
    authorize the continued participation of United States Armed
    Forces in the Multinational Force in Lebanon.
        (c) The Congress intends this joint resolution to
    constitute the necessary specific statutory authorization under
    the War Powers Resolution for continued participation by United
    States Armed Forces in the Multinational Force in Lebanon.

    authorization for continued participation of united states armed forces
                     in the multinational force in lebanon

        Sec. 3. The President is authorized, for purposes of
    section 5(b) of the War Powers Resolution, to continue
    participation by United States Armed Forces in the
    Multinational Force in Lebanon, subject to the provisions of
    section 6 of this joint resolution. Such participation shall be
    limited to performance of the functions, and shall be subject
    to the limitations, specified in the agreement establishing the
    Multinational Force in Lebanon as set forth in the exchange of
    letters between the Governments of the United States and
    Lebanon dated September 25, 1982, except that this shall not
    preclude such protective measures as may be necessary to ensure
    the safety of the Multinational Force in Lebanon.

                            reports to the congress

        Sec. 4. As required by section 4(c) of the War Powers
    Resolution, the President shall report periodically to the
    Congress with respect to the situation in Lebanon, but in no
    event shall he report less often than once every three months.
    In addition to providing the information required by that
    section on the status, scope, and duration of hostilities
    involving United States Armed Forces, such reports shall
    describe in detail--
              (1) the activities being performed by the
            Multinational Force in Lebanon;
              (2) the present composition of the Multinational
            Force in Lebanon, including a description of the
            responsibilities and deployment of the armed forces of
            each participating country;
              (3) the results of efforts to reduce and eventually
            eliminate the Multinational Force in Lebanon;
              (4) how continued United States participation in the
            Multinational Force in Lebanon is advancing United
            States foreign policy interests in the Middle East; and
              (5) what progress has occurred toward national
            political reconciliation among all Lebanese groups.

                              statements of policy

        Sec. 5. (a) The Congress declares that the participation of
    the armed forces of other countries in the Multinational Force
    in Lebanon is essential to maintain the international character
    of the peacekeeping function in Lebanon.
        (b) The Congress believes that it should continue to be the
    policy of the United States to promote continuing discussions
    with Israel, Syria, and Lebanon with the objective of bringing
    about the withdrawal of all foreign troops from Lebanon and
    establishing an environment which will permit the Lebanese
    Armed Forces to carry out their responsibilities in the Beirut
    area.
        (c) It is the sense of the Congress that, not later than
    one year after the date of enactment of this joint resolution
    and at least once a year thereafter, the United States should
    discuss with the other members of the Security Council of the
    United Nations the establishment of a United Nations
    peacekeeping force to assume the responsibilities of the
    Multinational Force in Lebanon. An analysis of the implications
    of the response to such discussions for the continuation of the
    Multinational Force in Lebanon shall be included in the reports
    required under paragraph (3) of section 4 of this resolution.

       duration of authorization for united states participation in the
                         multinational force in lebanon

        Sec. 6. The participation of United States Armed Forces in
    the Multinational Force in Lebanon shall be authorized for
    purposes of the War Powers Resolution until the end of the
    eighteen-month period beginning on the date of enactment of
    this resolution unless the Congress extends such authorization,
    except that such authorization shall terminate sooner upon the
    occurrence of any one of the following:
              (1) the withdrawal of all foreign forces from
            Lebanon, unless the President determines and certifies
            to the Congress that continued United States Armed
            Forces participation in the Multinational Force in
            Lebanon is required after such withdrawal in order to
            accomplish the purposes specified in the September 25,
            1982, exchange of letters providing for the
            establishment of the Multinational Force in Lebanon; or
              (2) the assumption by the United Nations or the
            Government of Lebanon of the responsibilities of the
            Multinational Force in Lebanon; or
              (3) the implementation of other effective security
            arrangements in the area; or
              (4) the withdrawal of all other countries from
            participation in the Multinational Force in Lebanon.

                       interpretation of this resolution

        Sec. 7. (a) Nothing in this joint resolution shall preclude
    the President from withdrawing United States Armed Forces
    participation in the Multinational Force in Lebanon if
    circumstances warrant and nothing in this joint resolution
    shall preclude the Congress by joint resolution from directing
    such a withdrawal.
        (b) Nothing in this joint resolution modifies, limits, or
    supersedes any provision of the War Powers Resolution or the
    requirement of section 4(a) of the Lebanon Emergency Assistance
    Act of 1983, relating to congressional authorization for any
    substantial expansion in the number or role of United States
    Armed Forces in Lebanon.

                congressional priority procedures for amendments

        Sec. 8. (a) Any joint resolution or bill introduced to
    amend or repeal this Act shall be referred to the Committee on
    Foreign Affairs \2\ of the House of Representatives or the
    Committee on Foreign Relations of the Senate, as the case may
    be. Such joint resolution or bill shall be considered by such
    committee within fifteen calendar days and may be reported out,
    together with its recommendations, unless such House shall
    otherwise determine pursuant to its rules.
    ---------------------------------------------------------------------------
        \2\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
        (b) Any joint resolution or bill so reported shall become
    the pending business of the House in question (in the case of
    the Senate the time for debate shall be equally divided between
    the proponents and the opponents) and shall be voted on within
    three calendar days thereafter, unless such House shall
    otherwise determine by the yeas and nays.
        (c) Such a joint resolution or bill passed by one House
    shall be referred to the committee of the other House named in
    subsection (a) and shall be reported out by such committee
    together with its recommendations within fifteen calendar days
    and shall thereupon become the pending business of such House
    and shall be voted upon within three calendar days, unless such
    House shall otherwise determine by the yeas and nays.
        (d) In the case of any disagreement between the two Houses
    of Congress with respect to a joint resolution or bill passed
    by both Houses conferees shall be promptly appointed and the
    committee of conference shall make and file a report with
    respect to such joint resolution within six calendar days after
    the legislation is referred to the committee of conference.
    Notwithstanding any rule in either House concerning the
    printing of conference reports in the Record or concerning any
    delay in the consideration of such reports, such report shall
    be acted on by both Houses not later than six calendar days
    after the conference report is filed. In the event the
    conferees are unable to agree within forty-eight hours, they
    shall report back to their respective Houses in disagreement.
      (2) Agreement Between the United States and Lebanon Regarding U.S.
       Participation in the Multinational Force, Dated September 25, 1982

        Your Excellency: I have the honor to refer to the urgent
    discussions between representatives of our two Governments
    concerning the recent tragic events which have occurred in the
    Beirut area, and to consultations between my Government and the
    Secretary General of the United Nations pursuant to United
    Nations Security Council Resolution 521. On behalf of the
    Republic of Lebanon, I wish to inform your Excellency's
    Government of the determination of the Government of Lebanon to
    restore its sovereignty and authority over the Beirut area and
    thereby to assure the safety of persons in the area and bring
    an end to violence that has recurred. To this end, Israeli
    forces will withdraw from the Beirut area.
        In its consultations with the Secretary General, the
    Government of Lebanon has noted that the urgency of the
    situation requires immediate action and the Government of
    Lebanon, therefore, is, in conformity with the objectives in
    U.N. Security Council Resolution 521, proposing to several
    nations that they contribute forces to serve as a temporary
    Multinational Force (MNF) in the Beirut area. The mandate of
    the MNF will be to provide an interposition force at agreed
    locations and thereby provide the multinational presence
    requested by the Lebanese Government to assist it and the
    Lebanese Armed Forces (LAF) in the Beirut area. This presence
    will facilitate the restoration of Lebanese Government
    sovereignty and authority over the Beirut area, and thereby
    further efforts of my Government to assure the safety of
    persons in the area and bring to an end the violence which has
    tragically recurred. The MNF may undertake other functions only
    by mutual agreement.
        In the foregoing context, I have the honor to propose that
    the United States of America deploy a force of approximately
    1200 personnel to Beirut, subject to the following terms and
    conditions:
      --The American military force shall carry out appropriate
            activities consistent with the mandate of the MNF.
      --Command authority over the American force will be exercised
            exclusively by the U.S. Government through existing
            American military channels.
      --The LAF and MNF will form a Liaison and Coordination
            Committee, composed of representatives of the MNF
            participating governments and chaired by the
            representatives of my Government. The Liaison and
            Coordination Committee will have two essential
            components: (A) Supervisory liaison; and (B) Military
            and technical liaison and coordination.
      --The American force will operate in close coordination with
            the LAF. To assure effective coordination with the LAF,
            the American force will assign liaison officers to the
            LAF and the Government of Lebanon will assign liaison
            officers to the American force. The LAF liaison
            officers to the American force will, inter alia,
            perform liaison with the civilian population, and with
            the U.N. observers and manifest the authority of the
            Lebanese Government in all appropriate situations. The
            American force will provide security for LAF personnel
            operating with the U.S. contingent.
      --In carrying out its mission, the American force will not
            engage in combat. It may, however, exercise the right
            of self-defense.
      --It is understood that the presence of the American force
            will be needed only for a limited period to meet the
            urgent requirements posed by the current situation. The
            MNF contributors and the Government of Lebanon will
            consult fully concerning the duration of the MNF
            presence. Arrangements for the departure of the MNF
            will be the subject of special consultations between
            the Government of Lebanon and the MNF participating
            governments. The American force will depart Lebanon
            upon any request of the Government of Lebanon or upon
            the decision of the President of the United States.
      --The Government of Lebanon and the LAF will take all
            measures necessary to ensure the protection of the
            American force's personnel, to include securing
            assurance from all armed elements not now under the
            authority of the Lebanese Government that they will
            refrain from hostilities and not interfere with any
            activities of the MNF.
      --The American force will enjoy both the degree of freedom of
            movement and the right to undertake those activities
            deemed necessary for the performance of its mission for
            the support of its personnel. Accordingly, it shall
            enjoy the privileges and immunities accorded the
            administrative and technical staff of the American
            Embassy in Beirut, and shall be exempt from immigration
            and customs requirements, and restrictions on entering
            or departing Lebanon. Personnel, property, and
            equipment of the American force introduced into Lebanon
            shall be exempt from any form of tax, duty, charge, or
            levy.
        I have the further honor to propose, if the foregoing is
    acceptable to your Excellency's Government, that Your
    Excellency's reply to that effect, together with this note,
    shall constitute an agreement between our two Governments.
        Please accept, Your Excellency, the assurances of my
    highest consideration.
                                                 Fouad Boutros,
                     Deputy Prime Minister/Minister of Foreign Affairs.

                                                    September 25, 1982.
        Your Excellency: I have the honor to refer to your
    Excellency's note of 25 September 1982 requesting the
    deployment of an American force to the Beirut area. I am
    pleased to inform you on behalf of my Government that the
    United States is prepared to deploy temporarily a force of
    approximately 1,200 personnel as part of a Multinational Force
    (MNF) to establish an environment which will permit the
    Lebanese Armed Forces (LAF) to carry out their responsibilities
    in the Beirut area. It is understood that the presence of such
    an American force will facilitate the restoration of Lebanese
    Government sovereignty and authority over the Beirut area, an
    objective which is fully shared by my Government, and thereby
    further efforts of the Government of Lebanon to assure the
    safety of persons in the area and bring to an end the violence
    which has tragically recurred.
        I have the further honor to inform you that my Government
    accepts the terms and conditions concerning the presence of the
    American force in the Beirut area as set forth in your note,
    and that Your Excellency's note and this reply accordingly
    constitute an agreement between our two Governments.

                                                 Robert Dillon,
                                                       U.S. Ambassador.
               2. American Servicemembers' Protection Act of 2002

     Title II of Public Law 107-206 [2002 Supplemental Appropriations Act
      for Further Recovery From and Response To Terrorist Attacks on the
       United States; H.R. 4775], 116 Stat. 820, approved August 2, 2002

    AN ACT Making supplemental appropriations for further recovery from and
    response to terrorist attacks on the United States for the fiscal year
               ending September 30, 2002, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, * * *
              * * * * * * *

               TITLE II--AMERICAN SERVICEMEMBERS' PROTECTION ACT

    SEC. 2001.\1\ SHORT TITLE.

        This title may be cited as the ``American Servicemembers'
    Protection Act of 2002''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 7401 note.
    ---------------------------------------------------------------------------

    SEC. 2002.\2\ FINDINGS.

        Congress makes the following findings:
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 7421.
    ---------------------------------------------------------------------------
              (1) On July 17, 1998, the United Nations Diplomatic
            Conference of Plenipotentiaries on the Establishment of
            an International Criminal Court, meeting in Rome,
            Italy, adopted the ``Rome Statute of the International
            Criminal Court''. The vote on whether to proceed with
            the statute was 120 in favor to 7 against, with 21
            countries abstaining. The United States voted against
            final adoption of the Rome Statute.
              (2) As of April 30, 2001, 139 countries had signed
            the Rome Statute and 30 had ratified it. Pursuant to
            Article 126 of the Rome Statute, the statute will enter
            into force on the first day of the month after the 60th
            day following the date on which the 60th country
            deposits an instrument ratifying the statute.
              (3) Since adoption of the Rome Statute, a Preparatory
            Commission for the International Criminal Court has met
            regularly to draft documents to implement the Rome
            Statute, including Rules of Procedure and Evidence,
            Elements of Crimes, and a definition of the Crime of
            Aggression.
              (4) During testimony before the Congress following
            the adoption of the Rome Statute, the lead United
            States negotiator, Ambassador David Scheffer stated
            that the United States could not sign the Rome Statute
            because certain critical negotiating objectives of the
            United States had not been achieved. As a result, he
            stated: ``We are left with consequences that do not
            serve the cause of international justice.''.
              (5) Ambassador Scheffer went on to tell the Congress
            that: ``Multinational peacekeeping forces operating in
            a country that has joined the treaty can be exposed to
            the Court's jurisdiction even if the country of the
            individual peacekeeper has not joined the treaty. Thus,
            the treaty purports to establish an arrangement whereby
            United States armed forces operating overseas could be
            conceivably prosecuted by the international court even
            if the United States has not agreed to be bound by the
            treaty. Not only is this contrary to the most
            fundamental principles of treaty law, it could inhibit
            the ability of the United States to use its military to
            meet alliance obligations and participate in
            multinational operations, including humanitarian
            interventions to save civilian lives. Other
            contributors to peacekeeping operations will be
            similarly exposed.''.
              (6) Notwithstanding these concerns, President Clinton
            directed that the United States sign the Rome Statute
            on December 31, 2000. In a statement issued that day,
            he stated that in view of the unremedied deficiencies
            of the Rome Statute, ``I will not, and do not recommend
            that my successor submit the Treaty to the Senate for
            advice and consent until our fundamental concerns are
            satisfied''.
              (7) Any American prosecuted by the International
            Criminal Court will, under the Rome Statute, be denied
            procedural protections to which all Americans are
            entitled under the Bill of Rights to the United States
            Constitution, such as the right to trial by jury.
              (8) Members of the Armed Forces of the United States
            should be free from the risk of prosecution by the
            International Criminal Court, especially when they are
            stationed or deployed around the world to protect the
            vital national interests of the United States. The
            United States Government has an obligation to protect
            the members of its Armed Forces, to the maximum extent
            possible, against criminal prosecutions carried out by
            the International Criminal Court.
              (9) In addition to exposing members of the Armed
            Forces of the United States to the risk of
            international criminal prosecution, the Rome Statute
            creates a risk that the President and other senior
            elected and appointed officials of the United States
            Government may be prosecuted by the International
            Criminal Court. Particularly if the Preparatory
            Commission agrees on a definition of the Crime of
            Aggression over United States objections, senior United
            States officials may be at risk of criminal prosecution
            for national security decisions involving such matters
            as responding to acts of terrorism, preventing the
            proliferation of weapons of mass destruction, and
            deterring aggression. No less than members of the Armed
            Forces of the United States, senior officials of the
            United States Government should be free from the risk
            of prosecution by the International Criminal Court,
            especially with respect to official actions taken by
            them to protect the national interests of the United
            States.
              (10) Any agreement within the Preparatory Commission
            on a definition of the Crime of Aggression that usurps
            the prerogative of the United Nations Security Council
            under Article 39 of the charter of the United Nations
            to ``determine the existence of any . . . . act of
            aggression'' would contravene the charter of the United
            Nations and undermine deterrence.
              (11) It is a fundamental principle of international
            law that a treaty is binding upon its parties only and
            that it does not create obligations for nonparties
            without their consent to be bound. The United States is
            not a party to the Rome Statute and will not be bound
            by any of its terms. The United States will not
            recognize the jurisdiction of the International
            Criminal Court over United States nationals.

    SEC. 2003.\3\ WAIVER AND TERMINATION OF PROHIBITIONS OF THIS TITLE.

        (a) Authority To Initially Waive Sections 5 and 7.--The
    President is authorized to waive the prohibitions and
    requirements of sections 2005 and 2007 for a single period of 1
    year. A waiver under this subsection may be issued only if the
    President at least 15 days in advance of exercising such
    authority--
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 7422.
    ---------------------------------------------------------------------------
              (1) notifies the appropriate congressional committees
            of the intention to exercise such authority; and
              (2) determines and reports to the appropriate
            congressional committees that the International
            Criminal Court has entered into a binding agreement
            that--
                      (A) prohibits the International Criminal
                    Court from seeking to exercise jurisdiction
                    over the following persons with respect to
                    actions undertaken by them in an official
                    capacity:
                              (i) covered United States persons;
                              (ii) covered allied persons; and
                              (iii) individuals who were covered
                            United States persons or covered allied
                            persons; and
                      (B) ensures that no person described in
                    subparagraph (A) will be arrested, detained,
                    prosecuted, or imprisoned by or on behalf of
                    the International Criminal Court.
        (b) Authority To Extend Waiver of Sections 5 and 7.--The
    President is authorized to waive the prohibitions and
    requirements of sections 2005 and 2007 for successive periods
    of 1 year each upon the expiration of a previous waiver
    pursuant to subsection (a) or this subsection. A waiver under
    this subsection may be issued only if the President at least 15
    days in advance of exercising such authority--
              (1) notifies the appropriate congressional committees
            of the intention to exercise such authority; and
              (2) determines and reports to the appropriate
            congressional committees that the International
            Criminal Court--
                      (A) remains party to, and has continued to
                    abide by, a binding agreement that--
                              (i) prohibits the International
                            Criminal Court from seeking to exercise
                            jurisdiction over the following persons
                            with respect to actions undertaken by
                            them in an official capacity:
                                      (I) covered United States
                                    persons;
                                      (II) covered allied persons;
                                    and
                                      (III) individuals who were
                                    covered United States persons
                                    or covered allied persons; and
                              (ii) ensures that no person described
                            in clause (i) will be arrested,
                            detained, prosecuted, or imprisoned by
                            or on behalf of the International
                            Criminal Court; and
                      (B) has taken no steps to arrest, detain,
                    prosecute, or imprison any person described in
                    clause (i) of subparagraph (A).
        (c) Authority To Waive Sections 4 and 6 With Respect to an
    Investigation or Prosecution of a Named Individual.--The
    President is authorized to waive the prohibitions and
    requirements of sections 2004 and 2006 to the degree such
    prohibitions and requirements would prevent United States
    cooperation with an investigation or prosecution of a named
    individual by the International Criminal Court. A waiver under
    this subsection may be issued only if the President at least 15
    days in advance of exercising such authority--
              (1) notifies the appropriate congressional committees
            of the intention to exercise such authority; and
              (2) determines and reports to the appropriate
            congressional committees that--
                      (A) a waiver pursuant to subsection (a) or
                    (b) of the prohibitions and requirements of
                    sections 2005 and 2007 is in effect;
                      (B) there is reason to believe that the named
                    individual committed the crime or crimes that
                    are the subject of the International Criminal
                    Court's investigation or prosecution;
                      (C) it is in the national interest of the
                    United States for the International Criminal
                    Court's investigation or prosecution of the
                    named individual to proceed; and
                      (D) in investigating events related to
                    actions by the named individual, none of the
                    following persons will be investigated,
                    arrested, detained, prosecuted, or imprisoned
                    by or on behalf of the International Criminal
                    Court with respect to actions undertaken by
                    them in an official capacity:
                              (i) Covered United States persons.
                              (ii) Covered allied persons.
                              (iii) Individuals who were covered
                            United States persons or covered allied
                            persons.
        (d) Termination of Waiver Pursuant to Subsection (c).--Any
    waiver or waivers exercised pursuant to subsection (c) of the
    prohibitions and requirements of sections 2004 and 2006 shall
    terminate at any time that a waiver pursuant to subsection (a)
    or (b) of the prohibitions and requirements of sections 2005
    and 2007 expires and is not extended pursuant to subsection
    (b).
        (e) Termination of Prohibitions of This Title.--The
    prohibitions and requirements of sections 2004, 2005, 2006, and
    2007 shall cease to apply, and the authority of section 2008
    shall terminate, if the United States becomes a party to the
    International Criminal Court pursuant to a treaty made under
    article II, section 2, clause 2 of the Constitution of the
    United States.

    SEC. 2004.\4\ PROHIBITION ON COOPERATION WITH THE INTERNATIONAL
                        CRIMINAL COURT.

        (a) Application.--The provisions of this section--
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 7423.
    ---------------------------------------------------------------------------
              (1) apply only to cooperation with the International
            Criminal Court and shall not apply to cooperation with
            an ad hoc international criminal tribunal established
            by the United Nations Security Council before or after
            the date of the enactment of this Act to investigate
            and prosecute war crimes committed in a specific
            country or during a specific conflict; and
              (2) shall not prohibit--
                      (A) any action permitted under section 2008;
                    or
                      (B) communication by the United States of its
                    policy with respect to a matter.
        (b) Prohibition on Responding to Requests for
    Cooperation.--Notwithstanding section 1782 of title 28, United
    States Code, or any other provision of law, no United States
    Court, and no agency or entity of any State or local
    government, including any court, may cooperate with the
    International Criminal Court in response to a request for
    cooperation submitted by the International Criminal Court
    pursuant to the Rome Statute.
        (c) Prohibition on Transmittal of Letters Rogatory from the
    International Criminal Court.--Notwithstanding section 1781 of
    title 28, United States Code, or any other provision of law, no
    agency of the United States Government may transmit for
    execution any letter rogatory issued, or other request for
    cooperation made, by the International Criminal Court to the
    tribunal, officer, or agency in the United States to whom it is
    addressed.
        (d) Prohibition on Extradition to the International
    Criminal Court.--Notwithstanding any other provision of law, no
    agency or entity of the United States Government or of any
    State or local government may extradite any person from the
    United States to the International Criminal Court, nor support
    the transfer of any United States citizen or permanent resident
    alien to the International Criminal Court.
        (e) Prohibition on Provision of Support to the
    International Criminal Court.--Notwithstanding any other
    provision of law, no agency or entity of the United States
    Government or of any State or local government, including any
    court, may provide support to the International Criminal Court.
        (f) Prohibition on Use of Appropriated Funds To Assist the
    International Criminal Court.--Notwithstanding any other
    provision of law, no funds appropriated under any provision of
    law may be used for the purpose of assisting the investigation,
    arrest, detention, extradition, or prosecution of any United
    States citizen or permanent resident alien by the International
    Criminal Court.
        (g) Restriction on Assistance Pursuant to Mutual Legal
    Assistance Treaties.--The United States shall exercise its
    rights to limit the use of assistance provided under all
    treaties and executive agreements for mutual legal assistance
    in criminal matters, multilateral conventions with legal
    assistance provisions, and extradition treaties, to which the
    United States is a party, and in connection with the execution
    or issuance of any letter rogatory, to prevent the transfer to,
    or other use by, the International Criminal Court of any
    assistance provided by the United States under such treaties
    and letters rogatory.
        (h) Prohibition on Investigative Activities of Agents.--No
    agent of the International Criminal Court may conduct, in the
    United States or any territory subject to the jurisdiction of
    the United States, any investigative activity relating to a
    preliminary inquiry, investigation, prosecution, or other
    proceeding at the International Criminal Court.

    SEC. 2005.\5\ RESTRICTION ON UNITED STATES PARTICIPATION IN CERTAIN
                        UNITED NATIONS PEACEKEEPING OPERATIONS.

        (a) Policy.--Effective beginning on the date on which the
    Rome Statute enters into force pursuant to Article 126 of the
    Rome Statute, the President should use the voice and vote of
    the United States in the United Nations Security Council to
    ensure that each resolution of the Security Council authorizing
    any peacekeeping operation under chapter VI of the charter of
    the United Nations or peace enforcement operation under chapter
    VII of the charter of the United Nations permanently exempts,
    at a minimum, members of the Armed Forces of the United States
    participating in such operation from criminal prosecution or
    other assertion of jurisdiction by the International Criminal
    Court for actions undertaken by such personnel in connection
    with the operation.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 7424.
    ---------------------------------------------------------------------------
        (b) Restriction.--Members of the Armed Forces of the United
    States may not participate in any peacekeeping operation under
    chapter VI of the charter of the United Nations or peace
    enforcement operation under chapter VII of the charter of the
    United Nations, the creation of which is authorized by the
    United Nations Security Council on or after the date that the
    Rome Statute enters into effect pursuant to Article 126 of the
    Rome Statute, unless the President has submitted to the
    appropriate congressional committees a certification described
    in subsection (c) with respect to such operation.
        (c) Certification.--The certification referred to in
    subsection (b) is a certification by the President that--
              (1) members of the Armed Forces of the United States
            are able to participate in the peacekeeping or peace
            enforcement operation without risk of criminal
            prosecution or other assertion of jurisdiction by the
            International Criminal Court because, in authorizing
            the operation, the United Nations Security Council
            permanently exempted, at a minimum, members of the
            Armed Forces of the United States participating in the
            operation from criminal prosecution or other assertion
            of jurisdiction by the International Criminal Court for
            actions undertaken by them in connection with the
            operation;
              (2) members of the Armed Forces of the United States
            are able to participate in the peacekeeping or peace
            enforcement operation without risk of criminal
            prosecution or other assertion of jurisdiction by the
            International Criminal Court because each country in
            which members of the Armed Forces of the United States
            participating in the operation will be present either
            is not a party to the International Criminal Court and
            has not invoked the jurisdiction of the International
            Criminal Court pursuant to Article 12 of the Rome
            Statute, or has entered into an agreement in accordance
            with Article 98 of the Rome Statute preventing the
            International Criminal Court from proceeding against
            members of the Armed Forces of the United States
            present in that country; or
              (3) the national interests of the United States
            justify participation by members of the Armed Forces of
            the United States in the peacekeeping or peace
            enforcement operation.

    SEC. 2006.\6\ PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF CLASSIFIED
                        NATIONAL SECURITY INFORMATION AND LAW ENFORCEMENT
                        INFORMATION TO THE INTERNATIONAL CRIMINAL COURT.

        (a) In General.--Not later than the date on which the Rome
    Statute enters into force, the President shall ensure that
    appropriate procedures are in place to prevent the transfer of
    classified national security information and law enforcement
    information to the International Criminal Court for the purpose
    of facilitating an investigation, apprehension, or prosecution.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 7425.
    ---------------------------------------------------------------------------
        (b) Indirect Transfer.--The procedures adopted pursuant to
    subsection (a) shall be designed to prevent the transfer to the
    United Nations and to the government of any country that is
    party to the International Criminal Court of classified
    national security information and law enforcement information
    that specifically relates to matters known to be under
    investigation or prosecution by the International Criminal
    Court, except to the degree that satisfactory assurances are
    received from the United Nations or that government, as the
    case may be, that such information will not be made available
    to the International Criminal Court for the purpose of
    facilitating an investigation, apprehension, or prosecution.
        (c) Construction.--The provisions of this section shall not
    be construed to prohibit any action permitted under section
    2008.

    SEC. 2007.\7\ PROHIBITION OF UNITED STATES MILITARY ASSISTANCE TO
                        PARTIES TO THE INTERNATIONAL CRIMINAL COURT.

        (a) Prohibition of Military Assistance.--Subject to
    subsections (b) and (c), and effective 1 year after the date on
    which the Rome Statute enters into force pursuant to Article
    126 of the Rome Statute, no United States military assistance
    may be provided to the government of a country that is a party
    to the International Criminal Court.
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 7426. See also sec. 574 of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act of 2005
    (division D of the Consolidated Appropriations Act, 2005; Public Law
    108-447; 118 Stat. 3027), which limits economic support fund assistance
    for states party to the International Criminal Court. Sec. 574 of that
    Act provides as follows:
    ---------------------------------------------------------------------------

    ``limitation on economic support fund assistance for certain foreign
    government that are parties to the international criminal court
    ---------------------------------------------------------------------------

        ``Sec. 574. (a) None of the funds made available in this Act in
    title II under the heading `Economic Support Fund' may be used to
    provide assistance to the government of a country that is a party to
    the International Criminal Court and has not entered into an agreement
    with the United States pursuant to Article 98 of the Rome Statute
    preventing the International Criminal Court from proceeding against
    United States personnel present in such country.
        ``(b) The President may, without prior notice to Congress, waive
    the prohibition of subsection (a) with respect to a North Atlantic
    Treaty Organization (`NATO') member country, a major non-NATO ally
    (including Australia, Egypt, Israel, Japan, Jordan, Argentina, the
    Republic of Korea, and New Zealand), or Taiwan if he determines and
    reports to the appropriate congressional committees that it is
    important to the national security interests of the United States to
    waive such prohibition.
        ``(c) The President may, without prior notice to Congress, waive
    the prohibition of subsection (a) with respect to a particular country
    if he determines and reports to the appropriate congressional
    committees that such country has entered into an agreement with the
    United States pursuant to Article 98 of the Rome Statute preventing the
    International Criminal Court from proceeding against United States
    personnel present in such country.
        ``(d) The prohibition of this section shall not apply to countries
    otherwise eligible for assistance under the Millennium Challenge Act of
    2003, notwithstanding section 606(a)(2)(B) of such Act.''.
    ---------------------------------------------------------------------------
        (b) National Interest Waiver.--The President may, without
    prior notice to Congress, waive the prohibition of subsection
    (a) with respect to a particular country if he determines and
    reports to the appropriate congressional committees that it is
    important to the national interest of the United States to
    waive such prohibition.
        (c) Article 98 Waiver.--The President may, without prior
    notice to Congress, waive the prohibition of subsection (a)
    with respect to a particular country if he determines and
    reports to the appropriate congressional committees that such
    country has entered into an agreement with the United States
    pursuant to Article 98 of the Rome Statute preventing the
    International Criminal court from proceeding against United
    States personnel present in such country.
        (d) Exemption.--The prohibition of subsection (a) shall not
    apply to the government of--
              (1) a NATO member country;
              (2) a major non-NATO ally (including Australia,
            Egypt, Israel, Japan, Jordan, Argentina, the Republic
            of Korea, and New Zealand); or
              (3) Taiwan.

    SEC. 2008.\8\ AUTHORITY TO FREE MEMBERS OF THE ARMED FORCES OF THE
                        UNITED STATES AND CERTAIN OTHER PERSONS DETAINED OR
                        IMPRISONED BY OR ON BEHALF OF THE INTERNATIONAL
                        CRIMINAL COURT.

        (a) Authority.--The President is authorized to use all
    means necessary and appropriate to bring about the release of
    any person described in subsection (b) who is being detained or
    imprisoned by, on behalf of, or at the request of the
    International Criminal Court.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 7427.
    ---------------------------------------------------------------------------
        (b) Persons Authorized To Be Freed.--The authority of
    subsection (a) shall extend to the following persons:
              (1) Covered United States persons.
              (2) Covered allied persons.
              (3) Individuals detained or imprisoned for official
            actions taken while the individual was a covered United
            States person or a covered allied person, and in the
            case of a covered allied person, upon the request of
            such government.
        (c) Authorization of Legal Assistance.--When any person
    described in subsection (b) is arrested, detained,
    investigated, prosecuted, or imprisoned by, on behalf of, or at
    the request of the International Criminal Court, the President
    is authorized to direct any agency of the United States
    Government to provide--
              (1) legal representation and other legal assistance
            to that person (including, in the case of a person
            entitled to assistance under section 1037 of title 10,
            United States Code, representation and other assistance
            in the manner provided in that section);
              (2) exculpatory evidence on behalf of that person;
            and
              (3) defense of the interests of the United States
            through appearance before the International Criminal
            Court pursuant to Article 18 or 19 of the Rome Statute,
            or before the courts or tribunals of any country.
        (d) Bribes and Other Inducements Not Authorized.--This
    section does not authorize the payment of bribes or the
    provision of other such incentives to induce the release of a
    person described in subsection (b).

    SEC. 2009.\9\ ALLIANCE COMMAND ARRANGEMENTS.

        (a) Report on Alliance Command Arrangements.--Not later
    than 6 months after the date of the enactment of this Act, the
    President should transmit to the appropriate congressional
    committees a report with respect to each military alliance to
    which the United States is party--
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 7428.
    ---------------------------------------------------------------------------
              (1) describing the degree to which members of the
            Armed Forces of the United States may, in the context
            of military operations undertaken by or pursuant to
            that alliance, be placed under the command or
            operational control of foreign military officers
            subject to the jurisdiction of the International
            Criminal Court because they are nationals of a party to
            the International Criminal Court; and
              (2) evaluating the degree to which members of the
            Armed Forces of the United States engaged in military
            operations undertaken by or pursuant to that alliance
            may be exposed to greater risks as a result of being
            placed under the command or operational control of
            foreign military officers subject to the jurisdiction
            of the International Criminal Court.
        (b) Description of Measures To Achieve Enhanced Protection
    for Members of the Armed Forces of the United States.--Not
    later than 1 year after the date of the enactment of this Act,
    the President should transmit to the appropriate congressional
    committees a description of modifications to command and
    operational control arrangements within military alliances to
    which the United States is a party that could be made in order
    to reduce any risks to members of the Armed Forces of the
    United States identified pursuant to subsection (a)(2).
        (c) Submission in Classified Form.--The report under
    subsection (a), and the description of measures under
    subsection (b), or appropriate parts thereof, may be submitted
    in classified form.

    SEC. 2010.\10\ WITHHOLDINGS.

        Funds withheld from the United States share of assessments
    to the United Nations or any other international organization
    during any fiscal year pursuant to section 705 of the Admiral
    James W. Nance and Meg Donovan Foreign Relations Authorization
    Act, Fiscal Years 2000 and 2001 (as enacted by section
    1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-460), are
    authorized to be transferred to the Embassy Security,
    Construction and Maintenance Account of the Department of
    State.
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 7429.
    ---------------------------------------------------------------------------

    SEC. 2011.\11\ APPLICATION OF SECTIONS 2004 AND 2006 TO EXERCISE OF
                        CONSTITUTIONAL AUTHORITIES.

        (a) In General.--Sections 2004 and 2006 shall not apply to
    any action or actions with respect to a specific matter
    involving the International Criminal Court taken or directed by
    the President on a case-by-case basis in the exercise of the
    President's authority as Commander in Chief of the Armed Forces
    of the United States under article II, section 2 of the United
    States Constitution or in the exercise of the executive power
    under article II, section 1 of the United States Constitution.
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 7430.
    ---------------------------------------------------------------------------
        (b) Notification to Congress.--
              (1) In general.--Subject to paragraph (2), not later
            than 15 days after the President takes or directs an
            action or actions described in subsection (a) that
            would otherwise be prohibited under section 2004 or
            2006, the President shall submit a notification of such
            action to the appropriate congressional committees. A
            notification under this paragraph shall include a
            description of the action, a determination that the
            action is in the national interest of the United
            States, and a justification for the action.
              (2) Exception.--If the President determines that a
            full notification under paragraph (1) could jeopardize
            the national security of the United States or
            compromise a United States law enforcement activity,
            not later than 15 days after the President takes or
            directs an action or actions referred to in paragraph
            (1) the President shall notify the appropriate
            congressional committees that an action has been taken
            and a determination has been made pursuant to this
            paragraph. The President shall provide a full
            notification under paragraph (1) not later than 15 days
            after the reasons for the determination under this
            paragraph no longer apply.
        (c) Construction.--Nothing in this section shall be
    construed as a grant of statutory authority to the President to
    take any action.

    SEC. 2012.\12\ NONDELEGATION.

        The authorities vested in the President by sections 2003
    and 2011(a) may not be delegated by the President pursuant to
    section 301 of title 3, United States Code, or any other
    provision of law. The authority vested in the President by
    section 2005(c)(3) may not be delegated by the President
    pursuant to section 301 of title 3, United States Code, or any
    other provision of law to any official other than the Secretary
    of Defense, and if so delegated may not be subdelegated.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 7431.
    ---------------------------------------------------------------------------

    SEC. 2013.\13\ DEFINITIONS.

        As used in this title and in section 706 of the Admiral
    James W. Nance and Meg Donovan Foreign Relations Authorization
    Act, Fiscal Years 2000 and 2001:
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 7432.
    ---------------------------------------------------------------------------
              (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means the
            Committee on International Relations of the House of
            Representatives and the Committee on Foreign Relations
            of the Senate.
              (2) Classified national security information.--The
            term ``classified national security information'' means
            information that is classified or classifiable under
            Executive Order 12958 or a successor Executive order.
              (3) Covered allied persons.--The term ``covered
            allied persons'' means military personnel, elected or
            appointed officials, and other persons employed by or
            working on behalf of the government of a NATO member
            country, a major non-NATO ally (including Australia,
            Egypt, Israel, Japan, Jordan, Argentina, the Republic
            of Korea, and New Zealand), or Taiwan, for so long as
            that government is not a party to the International
            Criminal Court and wishes its officials and other
            persons working on its behalf to be exempted from the
            jurisdiction of the International Criminal Court.
              (4) Covered united states persons.--The term
            ``covered United States persons'' means members of the
            Armed Forces of the United States, elected or appointed
            officials of the United States Government, and other
            persons employed by or working on behalf of the United
            States Government, for so long as the United States is
            not a party to the International Criminal Court.
              (5) Extradition.--The terms ``extradition'' and
            ``extradite'' mean the extradition of a person in
            accordance with the provisions of chapter 209 of title
            18, United States Code, (including section 3181(b) of
            such title) and such terms include both extradition and
            surrender as those terms are defined in Article 102 of
            the Rome Statute.
              (6) International criminal court.--The term
            ``International Criminal Court'' means the court
            established by the Rome Statute.
              (7) Major non-nato ally.--The term ``major non-NATO
            ally'' means a country that has been so designated in
            accordance with section 517 of the Foreign Assistance
            Act of 1961.
              (8) Participate in any peacekeeping operation under
            chapter vi of the charter of the united nations or
            peace enforcement operation under chapter vii of the
            charter of the united nations.--The term ``participate
            in any peacekeeping operation under chapter VI of the
            charter of the United Nations or peace enforcement
            operation under chapter VII of the charter of the
            United Nations'' means to assign members of the Armed
            Forces of the United States to a United Nations
            military command structure as part of a peacekeeping
            operation under chapter VI of the charter of the United
            Nations or peace enforcement operation under chapter
            VII of the charter of the United Nations in which those
            members of the Armed Forces of the United States are
            subject to the command or operational control of one or
            more foreign military officers not appointed in
            conformity with article II, section 2, clause 2 of the
            Constitution of the United States.
              (9) Party to the international criminal court.--The
            term ``party to the International Criminal Court''
            means a government that has deposited an instrument of
            ratification, acceptance, approval, or accession to the
            Rome Statute, and has not withdrawn from the Rome
            Statute pursuant to Article 127 thereof.
              (10) Peacekeeping operation under chapter vi of the
            charter of the united nations or peace enforcement
            operation under chapter vii of the charter of the
            united nations.--The term ``peacekeeping operation
            under chapter VI of the charter of the United Nations
            or peace enforcement operation under chapter VII of the
            charter of the United Nations'' means any military
            operation to maintain or restore international peace
            and security that--
                      (A) is authorized by the United Nations
                    Security Council under chapter VI or VII of the
                    charter of the United Nations; and
                      (B) is paid for from assessed contributions
                    of United Nations members that are made
                    available for peacekeeping or peace enforcement
                    activities.
              (11) Rome statute.--The term ``Rome Statute'' means
            the Rome Statute of the International Criminal Court,
            adopted by the United Nations Diplomatic Conference of
            Plenipotentiaries on the Establishment of an
            International Criminal Court on July 17, 1998.
              (12) Support.--The term ``support'' means assistance
            of any kind, including financial support, transfer of
            property or other material support, services,
            intelligence sharing, law enforcement cooperation, the
            training or detail of personnel, and the arrest or
            detention of individuals.
              (13) United states military assistance.--The term
            ``United States military assistance'' means--
                      (A) assistance provided under chapter 2 or 5
                    of part II of the Foreign Assistance Act of
                    1961 (22 U.S.C. 2151 et seq.); or
                      (B) defense articles or defense services
                    furnished with the financial assistance of the
                    United States Government, including through
                    loans and guarantees, under section 23 of the
                    Arms Export Control Act (22 U.S.C. 2763).

    SEC. 2014. REPEAL OF LIMITATION.

        The Department of Defense Appropriations Act, 2002
    (division A of Public Law 107-117) is amended by striking
    section 8173.

    SEC. 2015.\14\ ASSISTANCE TO INTERNATIONAL EFFORTS.

        Nothing in this title shall prohibit the United States from
    rendering assistance to international efforts to bring to
    justice Saddam Hussein, Slobodan Milosovic, Osama bin Laden,
    other members of Al Queda, leaders of Islamic Jihad, and other
    foreign nationals accused of genocide, war crimes or crimes
    against humanity.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 7433.
                              3. Cuban Resolution

     Public Law 87-733 [S.J. Res. 230], 76 Stat. 697, approved October 3,
                                    1962 \1\

    JOINT RESOLUTION Expressing the determination of the United States with
                       respect to the situation in Cuba.

    Whereas President James Monroe, announcing the Monroe Doctrine
        in 1823, declared that the United States would consider any
        attempt on the part of European powers to ``extend their
        system to any portion of this hemisphere as dangerous to
        our peace and safety''; and
    ---------------------------------------------------------------------------
        \1\ See also the Supplemental Appropriations Act, 1982 (Public Law
    97-257; 96 Stat. 833), under the heading ``caribbean basin
    initiative'', which states that no funds may be obligated or expended
    in a manner inconsistent with Public Law 87-733. See also sec. 1543 of
    the Department of Defense Authorization Act, 1985 (Public Law 98-525;
    98 Stat. 2639), which reaffirmed Public Law 87-733.
    ---------------------------------------------------------------------------
    Whereas in the Rio Treaty of 1947 the parties agreed that ``an
        armed attack by any State against an American State shall
        be considered as an attack against all the American States,
        and, consequently, each one of the said contracting parties
        undertakes to assist in meeting the attack in the exercise
        of the inherent right of individual or collective self-
        defense recognized by article 51 of the Charter of the
        United Nations''; and
    Whereas the Foreign Ministers of the Organization of American
        States at Punta del Este in January 1962 declared: ``the
        present Government of Cuba has identified itself with the
        principles of Marxist-Leninist ideology, has established a
        political, economic, and social system based on that
        doctrine, and accepts military assistance from
        extracontinental Communist powers, including even the
        threat of military intervention in America on the part of
        the Soviet Union''; and
    Whereas the International Communist movement has increasingly
        extended into Cuba its political, economic, and military
        sphere of influence: Now, therefore, be it
        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That the United
    States is determined--
              (a) to prevent by whatever means may be necessary,
            including the use of arms, the Marxist-Leninist regime
            in Cuba from extending, by force or the threat of
            force, its aggressive or subversive activities to any
            part of this hemisphere;
              (b) to prevent in Cuba the creation or use of an
            externally supported military capability endangering
            the security of the United States; and
              (c) to work with the Organization of American States
            and with freedom-loving Cubans to support the
            aspirations of the Cuban people for self-determination.
              4. Middle East Resolutions and Related Material \1\

        a. Resolution to Promote Peace and Stability in the Middle East

    Public Law 85-7 [H.J. Res. 117], 71 Stat. 5, approved March 9, 1957; as
    amended by Public Law 87-195 [Foreign Assistance Act of 1961, S. 1983],
                    75 Stat. 424, approved September 4, 1961
    ---------------------------------------------------------------------------

        \1\ See also legislation under War Powers.
    ---------------------------------------------------------------------------

      JOINT RESOLUTION To promote peace and stability in the Middle East.

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That the
    President be and hereby is authorized to cooperate with and
    assist any nation or group of nations in the general area of
    the Middle East desiring such assistance in the development of
    economic strength dedicated to the maintenance of national
    independence.
        Sec. 2.\2\ The President is authorized to undertake, in the
    general area of the Middle East, military assistance programs
    with any nation or group of nations of that area desiring such
    assistance. Furthermore, the United States regards as vital to
    the national interest and world peace the preservation of the
    independence and integrity of the nations of the Middle East.
    To this end, if the President determines the necessity thereof,
    the United States is prepared to use armed forces to assist any
    nation or group of such nations requesting assistance against
    armed aggression from any country controlled by international
    communism: Provided, That such employment shall be consonant
    with the treaty obligations of the United States and with the
    Constitution of the United States.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 1961. Sec. 103(c) of the FRIENDSHIP Act (Public Law
    103-199; 107 Stat. 2320), relating to statutory provisions applicable
    to the Soviet Union, provided the following:
        ``(c) Findings and Affirmation.--The Congress finds and affirms
    that provisions such as those described in this section, including--
    ---------------------------------------------------------------------------

      ``(1)-(7) * * *

      ``(8) section 2 of the joint resolution entitled ``A joint resolution to
    promote peace and stability in the Middle East'', approved March 9, 1957
    (Public Law 85-7) * * *

      ``(9) * * *

    ``should not be construed as being directed against Russia, Ukraine, or the
    other independent states of the former Soviet Union, connoting an
    adversarial relationship between the United States and the independent
    states, or signifying or implying in any manner unfriendliness toward the
    independent states.''.
    ---------------------------------------------------------------------------

        For complete list of related statutes, see sec. 103 of the
    FRIENDSHIP Act, in Legislation on Foreign Relations Through 2005, vol.
    I-B.
    ---------------------------------------------------------------------------
        Sec. 3.\3\ The President is hereby authorized to use during
    the balance of fiscal year 1957 for economic and military
    assistance under this joint resolution not to exceed
    $200,000,000 from any appropriation now available for carrying
    out the provisions of the Mutual Security Act of 1954, as
    amended, in accord with the provisions of such Act: Provided,
    That, whenever the President determines it to be important to
    the security of the United States, such use may be under the
    authority of section 401(a) of the Mutual Security Act of 1954,
    as amended (except that the provisions of section 105(a)
    thereof shall not be waived), and without regard to the
    provisions of section 105 of the Mutual Security Appropriation
    Act, 1957: Provided, further, That obligations incurred in
    carrying out the purposes of the first sentence of section 2 of
    this joint resolution shall be paid only out of appropriations
    for military assistance, and obligations incurred in carrying
    out the purposes of the first section of this joint resolution
    shall be paid only out of appropriations other than those for
    military assistance. This authorization is in addition to other
    existing authorizations with respect to the use of such
    appropriations. None of the additional authorizations contained
    in this section shall be used until fifteen days after the
    Committee on Foreign Relations of the Senate, the Committee on
    Foreign Affairs of the House of Representatives, the Committees
    on Appropriations of the Senate and the House of
    Representatives and, when military assistance is involved, the
    Committees on Armed Services of the Senate and the House of
    Representatives \4\ have been furnished a report showing the
    object of the proposed use, the country for the benefit of
    which such use is intended, and the particular appropriation or
    appropriations for carrying out the provisions of the Mutual
    Security Act of 1954, as amended, from which the funds are
    proposed to be derived: Provided, That funds available under
    this section during the balance of fiscal year 1957 shall, in
    the case of any such report submitted during the last fifteen
    days of the fiscal year, remain available for use under this
    section for the purposes stated in such report for a period of
    twenty days following the date of submission of such report.
    Nothing contained in this joint resolution shall be construed
    as itself authorizing the appropriation of additional funds for
    the purpose of carrying out the provisions of the first section
    or of the first sentence of section 2 of this joint resolution.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 1962.
        \4\ Sec. 1(a)(1) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Armed Services of the House of
    Representatives shall be treated as referring to the Committee on
    National Security of the House of Representatives. Sec. 1(a)(5) of that
    Act provided that references to the Committee on Foreign Affairs shall
    be treated as referring to the Committee on International Relations.
    ---------------------------------------------------------------------------
        Sec. 4.\5\ The President should continue to furnish
    facilities and military assistance, within the provisions of
    applicable law and established policies, to the United Nations
    Emergency Force in the Middle East, with a view to maintaining
    the truce in that region.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 1963.
    ---------------------------------------------------------------------------
        Sec. 5.\6\ The President shall whenever appropriate \7\
    report to the Congress his action hereunder.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 1964.
        \7\ Sec. 705 of the Foreign Assistance Act of 1961 (Public Law 87-
    195) struck out ``within the months of January and July of each year''
    and inserted in lieu thereof ``whenever appropriate''.
    ---------------------------------------------------------------------------
        Sec. 6.\8\ This joint resolution shall expire when the
    President shall determine that the peace and security of the
    nations in the general area of the Middle East are reasonably
    assured by international conditions created by action of the
    United Nations or otherwise except that it may be terminated
    earlier by a concurrent resolution of the two Houses of
    Congress.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 1965.
         b. Multinational Force and Observers Participation Resolution

    Public Law 97-132 [S.J. Res. 100], 95 Stat. 1693, approved December 29,
    1981; as amended by Public Law 107-107 [National Defense Authorization
     Act for Fiscal Year 2002; S. 1438], 115 Stat. 1012, approved December
                                    28, 2001

    A JOINT RESOLUTION To authorize the participation of the United States
    in a multinational force and observers to implement the Treaty of Peace
                           between Egypt and Israel.

    Whereas the Treaty of Peace between Egypt and Israel signed on
        March 26, 1979, calls for the supervision of security
        arrangements to be undertaken by United Nations forces and
        observers; and
    Whereas the United Nations has been unable to assume those
        responsibilities at this time; and
    Whereas a Protocol signed on August 3, 1981, by the Government
        of the Arab Republic of Egypt and the Government of the
        State of Israel provides for the creation of an alternative
        Multinational Force and Observers to implement the Treaty
        of Peace; and
    Whereas the Government of the Arab Republic of Egypt and the
        Government of the State of Israel have requested that the
        United States participate in the Multinational Force and
        Observers: Now, therefore, be it

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled,

                                  short title

        Section 1. This joint resolution may be cited as the
    ``Multinational Force and Observers Participation Resolution''.

                              statement of policy

        Sec. 2.\1\ The Congress considers the establishment of the
    Multinational Force and Observers to be an essential stage in
    the development of a comprehensive settlement in the Middle
    East. The Congress enacts this resolution with the hope and
    expectation that establishment of the Multinational Force and
    Observers will assist Egypt and Israel in fulfilling the Camp
    David accords and bring about the establishment of a self-
    governing authority in order to provide full autonomy in the
    West Bank and Gaza.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 3421.
    ---------------------------------------------------------------------------

    participation of united states personnel in the multinational force and
                                   observers

        Sec. 3.\2\ (a)(1) Subject to the limitations contained in
    this resolution, the President is authorized to assign, under
    such terms and conditions as he may determine, members of the
    United States Armed Forces to participate in the Multinational
    Force and Observers.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 3422.
    ---------------------------------------------------------------------------
        (2) The Congress declares that the participation of the
    military personnel of other countries in the Multinational
    Force and Observers is essential to maintain the international
    character of the peacekeeping function in the Sinai:
    Accordingly--
              (A) before the President assigns or details members
            of the United States Armed Forces to the Multinational
            Force and Observers, he shall notify the Congress of
            the names of the other countries that have agreed to
            provide military personnel for the Multinational Force
            and Observers, the number of military personnel to be
            provided by each country, and the functions to be
            performed by such personnel; and
              (B) if a country withdraws from the Multinational
            Force and Observers with the result that the military
            personnel of less than four foreign countries remain,
            every possible effort must be made by the United States
            to find promptly a country to replace that country.
        (3) Members of the United States Armed Forces, and United
    States civilian personnel, who are assigned, detailed or
    otherwise provided to the Multinational Force and Observers may
    perform only those functions or responsibilities which are
    specified for United Nations Forces and Observers in the Treaty
    of Peace and in accordance with the Protocol.
        (4) The number of members of the United States Armed Forces
    who are assigned or detailed by the United States Government to
    the Multinational Force and Observers may not exceed 1,200 at
    any one time.
        (b) Subject to the limitations contained in this
    resolution, the President is authorized to provide, under such
    terms and conditions as he may determine, United States
    civilian personnel to participate as observers in the
    Multinational Force and Observers.
        (c) The status of United States Government personnel
    assigned to the Multinational Force and Observers under
    subsection (a)(1) or (b) of this section shall be as provided
    in section 629 of the Foreign Assistance Act of 1961.

                      united states contributions to costs

        Sec. 4.\3\ (a) In accordance with the agreement set forth
    in the exchanges of letters between the United States and Egypt
    and between the United States and Israel which were signed on
    August 3, 1981, the United States share of the costs of the
    Multinational Force and Observers--
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 3423.
    ---------------------------------------------------------------------------
              (1) shall not exceed 60 percent of the budget for the
            expenses connected with the establishment and initial
            operation of the Multinational Force and Observers
            during the period ending September 30, 1982; and
              (2) shall not exceed 33\1/3\ percent of the budget
            for the annual operating expenses of the Multinational
            Force and Observers for each financial year beginning
            after that date.
        (b)(1) There are authorized to be appropriated to the
    President to carry out chapter 6 of part II of the Foreign
    Assistance Act of 1961, in addition to amounts otherwise
    available to carry out that chapter, $125,000,000 for the
    fiscal year 1982 for use in paying the United States
    contribution to the budget of the Multinational Force and
    Observers. Amounts appropriated under this subsection \4\ are
    authorized to remain available until expended.
    ---------------------------------------------------------------------------
        \4\ Sec. 138 of Public Law 97-51 (95 Stat. 967), making continuing
    appropriations for fiscal year 1982, provided $125 million in
    appropriations for U.S. participation in the Multinational Force and
    Observers.
    ---------------------------------------------------------------------------
        (2) Expenditures made pursuant to section 138 of the joint
    resolution entitled ``Joint Resolution making continuing
    appropriations for the fiscal year 1982, and for other
    purposes'', approved October 1, 1981 (Public Law 97-51), or
    pursuant to any subsequent corresponding provision applicable
    to the fiscal year 1982, shall be charged to the appropriation
    authorized by this subsection.
        (c) Unless required by law, reimbursements to the United
    States by the Multinational Force and Observers shall be on the
    basis of identifiable costs actually incurred as a result of
    requirements imposed by the Multinational Force and Observers,
    and shall not include administrative surcharges.

                              nonreimbursed costs

        Sec. 5.\5\ (a) Any agency of the United States Government
    is authorized to provide administrative and technical support
    and services to the Multinational Force and Observers, without
    reimbursement and upon such terms and conditions as the
    President may direct, when the provision of such support or
    services would not result in significant incremental costs to
    the United States.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 3424.
    ---------------------------------------------------------------------------
        (b) The provision by the United States to the Multinational
    Force and Observers under the authority of this resolution or
    any other law of any property, support, or services, including
    the provision of military and civilian personnel under section
    3 of this resolution, on other than a reimbursable basis, shall
    be kept to a minimum.
        (c) The President may provide military training to members
    of the armed forces of other countries participating in the
    Multinational Force and Observers.
        (d)(1) \6\ The United States may use contractors to provide
    logistical support to the Multinational Force and Observers
    under this section in lieu of providing such support through a
    logistical support unit comprised of members of the United
    States Armed Forces.
    ---------------------------------------------------------------------------
        \6\ Sec. 1211 of the National Defense Authorization Act for Fiscal
    Year 2002 (Public Law 107-107; 115 Stat. 1248) added subsec. (d) to
    sec. 5.
    ---------------------------------------------------------------------------
        (2) Notwithstanding subsections (a) and (b) and section
    7(b), support by a contractor under this subsection may be
    provided without reimbursement whenever the President
    determines that such action enhances or supports the national
    security interests of the United States.

                          reports to the congress \7\

        Sec. 6.\8\ (a) Not later than April 30, 1982, the President
    shall transmit to the Speaker of the House of Representatives,
    and to the chairman of the Committee on Foreign Relations of
    the Senate, a detailed written report with respect to the
    period ending two weeks prior to that date which contains the
    information specified in subsection (b).
    ---------------------------------------------------------------------------
        \7\ Pursuant to Executive Order 12361 (47 F.R. 18313; April 29,
    1982), the reporting functions required under this section were
    delegated to the Secretary of State. Such Executive Order further
    instructed the Secretary to consult with the Director of OMB, the
    Secretary of Defense, the Director of ACDA, the Assistant to the
    President for National Security Affairs, and the heads of other
    Executive agencies, as appropriate, in exercising this responsibility.
        \8\ 22 U.S.C. 3425.
    ---------------------------------------------------------------------------
        (b) Not later than January 15 of each year (beginning in
    1983), the President shall transmit to the Speaker of the House
    of Representatives, and to the chairman of the Committee on
    Foreign Relations of the Senate, a written report which
    describes--
              (1) the activities performed by the Multinational
            Force and Observers during the preceding year;
              (2) the composition of the Multinational Force and
            Observers, including a description of the
            responsibilities and deployment of the military
            personnel of each participating country;
              (3) all costs incurred by the United States
            Government (including both normal and incremental
            costs), set forth by category, which are associated
            with the United States relationship with the
            Multinational Force and Observers and which were
            incurred during the preceding fiscal year (whether or
            not the United States was reimbursed for those costs),
            specifically including but not limited to--
                      (A) the costs associated with the United
                    States units and personnel participating in the
                    Multinational Force and Observers (including
                    salaries, allowances, retirement and other
                    benefits, transportation, housing, and
                    operating and maintenance costs), and
                      (B) the identifiable costs relating to
                    property, support, and services provided by the
                    United States to the Multinational Force and
                    Observers;
              (4) the costs which the United States Government
            would have incurred in maintaining in the United States
            those United States units and personnel participating
            in the Multinational Force and Observers;
              (5) amounts received by the United States Government
            from the Multinational Force and Observers as
            reimbursement;
              (6) the types of property, support, or services
            provided to the Multinational Force and Observers by
            the United States Government, including identification
            of the types of property, support, or services provided
            on a nonreimbursable basis; and
              (7) the results of any discussions with Egypt and
            Israel regarding the future of the Multinational Force
            and Observers and its possible reduction or
            elimination.
        (c)(1) The reports required by this section shall be as
    detailed as possible.
        (2) The information pursuant to subsection (b)(3) shall, in
    the case of costs which are not identifiable, be set forth with
    reasonable accuracy.
        (3) The information with respect to any administrative and
    technical support and services provided on a nonreimbursed
    basis under section 5(a) of this resolution shall include a
    description of the types of support and services which have
    been provided and an estimate of both the total costs of such
    support and services and the incremental costs incurred by the
    United States with respect to such support and services.

                       statements of congressional intent

        Sec. 7.\9\ (a) Nothing in this resolution is intended to
    signify approval by the Congress of any agreement,
    understanding, or commitment made by the Executive branch other
    than the agreement to participate in the Multinational Force
    and Observers as set forth in the exchanges of letters between
    the United States and Egypt and between the United States and
    Israel which were signed on August 3, 1981.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 3426.
    ---------------------------------------------------------------------------
        (b) The limitations contained in this resolution with
    respect to United States participation in the Multinational
    Force and Observers apply to the exercise of the authorities
    provided by this resolution or provided by any other provision
    of law. No funds appropriated by the Congress may be obligated
    or expended for any activity which is contrary to the
    limitations contained in this resolution.
        (c) Nothing in this resolution shall affect the
    responsibilities of the President or the Congress under the War
    Powers Resolution (Public Law 93-148).

                                  definitions

        Sec. 8.\10\ As used in this resolution--
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 3427.
    ---------------------------------------------------------------------------
              (1) the term ``Multinational Force and Observers''
            means the Multinational Force and Observers established
            in accordance with the Protocol between Egypt and
            Israel signed on August 3, 1981, relating to the
            implementation of the security arrangements of the
            Treaty of Peace; and
              (2) the term ``Treaty of Peace'' means the Treaty of
            Peace between the Arab Republic and Egypt and the State
            of Israel signed on March 26, 1979, including the
            Annexes thereto.
                  c. Multinational Force and Observers Reports

     Executive Order 12361, April 27, 1982, 47 F.R. 18313, 22 U.S.C. 3425
                                      note

        By the authority vested in me as President of the United
    States of America by the Multinational Force and Observers
    Participation Resolution (Public Law 97-132, 95 Stat. 1693) and
    Section 301 of Title 3 of the United States Code, it is hereby
    ordered as follows:
        Section 1. Delegation of Functions. The reporting function
    conferred upon the President by Section 6 of the Multinational
    Force and Observers Participation Resolution (22 U.S.C. 3425)
    is delegated to the Secretary of State.
        Sec. 2. Interagency Coordination. In the exercise of the
    function conferred on the Secretary of State by Section 1 of
    this Order, the Secretary of State shall consult with the
    Director of the Office of Management and Budget, the Secretary
    of Defense, the Director of the United States Arms Control and
    Disarmament Agency, the Assistant to the President for National
    Security Affairs, and the heads of other Executive agencies as
    appropriate.
    d. Implementing the United States Proposal for the Early-Warning System
                                    in Sinai

     Public Law 94-110 [H.J. Res. 683], 89 Stat. 572, approved October 13,
                                    1975 \1\

    JOINT RESOLUTION To implement the United States proposal for the early-
                            warning system in Sinai.

    Whereas an agreement signed on September 4, 1975, by the
        Government of the Arab Republic of Egypt and the Government
        of Israel may, when it enters into force, constitute a
        significant step toward peace in the Middle East;
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2348 note.
    ---------------------------------------------------------------------------
    Whereas the President of the United States on September 1,
        1975, transmitted to the Government of the Arab Republic of
        Egypt and to the Government of Israel identical proposals
        for United States participation in an early-warning system,
        the text of which has been submitted to the Congress,
        providing for the assignment of no more than two hundred
        United States civilian personnel to carry out certain
        specified noncombat functions and setting forth the terms
        and conditions thereof;
    Whereas that proposal would permit the Government of the United
        States to withdraw such personnel if it concludes that
        their safety is jeopardized or that continuation of their
        role is no longer necessary; and
    Whereas the implementation of the United States proposal for
        the early-warning system in Sinai may enhance the prospect
        of compliance in good faith with the terms of the Egyptian-
        Israeli agreements and thereby promote the cause of peace:
        Now, therefore, be it
        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That the
    President is authorized to implement the ``United States
    Proposal for the Early Warning System in Sinai'': Provided,
    however, That United States civilian personnel assigned to
    Sinai under such proposal shall be removed immediately in the
    event of an outbreak of hostilities between Egypt and Israel or
    if the Congress by concurrent resolution determines that the
    safety of such personnel is jeopardized or that continuation of
    their role is no longer necessary. Nothing contained in this
    resolution shall be construed as granting any authority to the
    President with respect to the introduction of United States
    Armed Forces into hostilities or into situations wherein
    involvement in hostilities is clearly indicated by the
    circumstances which authority he would not have had in the
    absence of this joint resolution.
        Sec. 2. Any concurrent resolution of the type described in
    the first section of this resolution which is introduced in
    either House of Congress shall be privileged in the same manner
    and to the same extent as a concurrent resolution of the type
    described in section 5(c) of Public Law 93-148 is privileged
    under section 7 of such law.\2\
    ---------------------------------------------------------------------------
        \2\ 50 U.S.C. 1544, 1546. War Powers Resolution.
    ---------------------------------------------------------------------------
        Sec. 3. The United States civilian personnel participating
    in the early warning system in Sinai shall include only
    individuals who have volunteered to participate in such system.
        Sec. 4. Whenever United States civilian personnel, pursuant
    to this resolution, participate in an early warning system, the
    President shall, so long as the participation of such personnel
    continues, submit written reports to the Congress periodically,
    but no less frequently than once every six months, on (1) the
    status, scope, and anticipated duration of their participation,
    and (2) the feasibility of ending or reducing as soon as
    possible their participation by substituting nationals of other
    countries or by making technological changes. The appropriate
    committees of the Congress shall promptly hold hearings on each
    report of the President and report to the Congress any
    findings, conclusions, and recommendations.
        Sec. 5. The authority contained in this joint resolution to
    implement the ``United States Proposal for the Early Warning
    System in Sinai'' does not signify approval of the Congress of
    any other agreement, understanding, or commitment made by the
    executive branch.
                           5. Tonkin Gulf Resolution

     Public Law 88-408 [H.J. Res. 1145], 78 Stat. 384, approved August 10,
                                      1964

     A JOINT RESOLUTION To promote the maintenance of international peace
                        and security in Southeast Asia.

    [Whereas naval units of the Communist regime in Vietnam, in
        violation of the principles of the Charter of the United
        Nations and of international law, have deliberately and
        repeatedly attacked United States naval vessels lawfully
        present in international waters, and have thereby created a
        serious threat to international peace; and
    [Whereas these attacks are part of a deliberate and systematic
        campaign of aggression that the Communist regime in North
        Vietnam has been waging against its neighbors and the
        nations joined with them in the collective defense of their
        freedom; and
    [Whereas the United States is assisting the peoples of
        southeast Asia to protect their freedom and has no
        territorial, military or political ambitions in that area,
        but desires only that these peoples should be left in peace
        to work out their own destinies in their own way: Now,
        therefore, be it

        [Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That the
    Congress approves and supports the determination of the
    President, as Commander in Chief, to take all necessary
    measures to repel any armed attack against the forces of the
    United States and to prevent further aggression.
        [Sec. 2. The United States regards as vital to its national
    interest and to world peace the maintenance of international
    peace and security in southeast Asia. Consonant with the
    Constitution of the United States and the Charter of the United
    Nations and in accordance with its obligations under the
    Southeast Asia Collective Defense Treaty, the United States is,
    therefore, prepared, as the President determines, to take all
    necessary steps, including the use of armed force, to assist
    any member or protocol state of the Southeast Asia Collective
    Defense Treaty requesting assistance in defense of its freedom.
        [Sec. 3. This resolution shall expire when the President
    shall determine that the peace and security of the area is
    reasonably assured by international conditions created by
    action of the United Nations or otherwise, except that it may
    be terminated earlier by concurrent resolution of the
    Congress.]

              Note.--Sec. 12 of Public Law 91-672, the Foreign
            Military Sales Act Amendments, approved January 12,
            1971, provided that the joint resolution should
            terminate effective on the day that the second session
            of the Ninety-first Congress was last adjourned, such
            day being January 2, 1971. See Legislation on Foreign
            Relations Through 2005, vol. I-A. See also S. Con. Res.
            64, passed July 10, 1970.

                             6. National Commitment

    Senate Resolution 85, 91st Congress, Report No. 91-129, agreed to June
                                    25, 1969

                                   resolution

    Whereas accurate definition of the term ``national commitment''
        in recent years has become obscured: Now, therefore, be it

        Resolved, That (1) a national commitment for the purpose of
    this resolution means the use of the Armed Forces of the United
    States on foreign territory, or a promise to assist a foreign
    country, government, or people by the use of the Armed Forces
    or financial resources of the United States, either immediately
    or upon the happening of certain events, and (2) it is the
    sense of the Senate that a national commitment by the United
    States results only from affirmative action taken by the
    executive and legislative branches of the United States
    Government by means of a treaty, statute, or concurrent
    resolution of both Houses of Congress specifically providing
    for such commitment.
                         7. North Atlantic Alliance \1\

                        a. European Security Act of 1998

    Partial text of Public Law 105-277 [Omnibus Consolidated and Emergency
      Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681,
     approved October 21, 1998; \2\ as amended by Public Law 106-113 [H.R.
      3427, enacted by reference in H.R. 3194], 113 Stat. 1501, approved
                               November 29, 1999
    ---------------------------------------------------------------------------

        \1\ See also chapter 138 of 10 U.S.C., relating to cooperative
    agreements with NATO allies and other countries, in Legislation on
    Foreign Relations Through 2005, vol. I-B.
        \2\ Title XXVII of division G of Public Law 105-277 (112 Stat.
    2681-839).
    ---------------------------------------------------------------------------

                 TITLE XXVII--EUROPEAN SECURITY ACT OF 1998 \3\

    SEC. 2701. SHORT TITLE.

        This title may be cited as the ``European Security Act of
    1998''.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 1928 note.
    ---------------------------------------------------------------------------

    SEC. 2702. STATEMENT OF POLICY.

        (a) Policy With Respect to NATO Enlargement.--Congress
    urges the President to outline a clear and complete strategic
    rationale for the enlargement of the North Atlantic Treaty
    Organization (NATO), and declares that--
              (1) Poland, Hungary, and the Czech Republic should
            not be the last emerging democracies in Central and
            Eastern Europe invited to join NATO;
              (2) the United States should ensure that NATO
            continues a process whereby all other emerging
            democracies in Central and Eastern Europe that wish to
            join NATO will be considered for membership in NATO as
            soon as they meet the criteria for such membership;
              (3) the United States should ensure that no
            limitations are placed on the numbers of NATO troops or
            types of equipment, including tactical nuclear weapons,
            to be deployed on the territory of new member states;
              (4) the United States should reject all efforts to
            condition NATO decisions on review or approval by the
            United Nations Security Council;
              (5) the United States should clearly delineate those
            NATO deliberations, including but not limited to
            discussions on arms control, further Alliance
            enlargement, procurement matters, and strategic
            doctrine, that are not subject to review or discussion
            in the NATO-Russia Permanent Joint Council;
              (6) the United States should work to ensure that
            countries invited to join the Alliance are provided an
            immediate seat in NATO discussions; and
              (7) the United States already pays more than a
            proportionate share of the costs of the common defense
            of Europe and should obtain, in advance, agreement on
            an equitable distribution of the cost of NATO
            enlargement to ensure that the United States does not
            continue to bear a disproportionate burden.
        (b) Policy With Respect to Negotiations With Russia.--
              (1) Implementation.--NATO enlargement should be
            carried out in such a manner as to underscore the
            Alliance's defensive nature and demonstrate to Russia
            that NATO enlargement will enhance the security of all
            countries in Europe, including Russia. Accordingly, the
            United States and its NATO allies should make this
            intention clear in negotiations with Russia, including
            negotiations regarding adaptation of the Conventional
            Armed Forces in Europe (CFE) Treaty of November 19,
            1990.
              (2) Limitations on commitments to russia.--In seeking
            to demonstrate to Russia NATO's defensive and security-
            enhancing intentions, it is essential that neither
            fundamental United States security interests in Europe
            nor the effectiveness and flexibility of NATO as a
            defensive alliance be jeopardized. In particular, no
            commitments should be made to Russia that would have
            the effect of--
                      (A) extending rights or imposing
                    responsibilities on new NATO members different
                    from those applicable to current NATO members,
                    including rights or responsibilities with
                    respect to the deployment of nuclear weapons
                    and the stationing of troops and equipment from
                    other NATO members;
                      (B) limiting the ability of NATO to defend
                    the territory of new NATO members by, for
                    example, restricting the construction of
                    defense infrastructure or limiting the ability
                    of NATO to deploy necessary reinforcements;
                      (C) providing any international organization,
                    or any country that is not a member of NATO,
                    with authority to delay, veto, or otherwise
                    impede deliberations and decisions of the North
                    Atlantic Council or the implementation of such
                    decisions, including deliberations and
                    decisions with respect to the deployment of
                    NATO forces or the admission of additional
                    members to NATO;
                      (D) impeding the development of enhanced
                    relations between NATO and other European
                    countries that do not belong to the Alliance;
                      (E) establishing a nuclear weapons-free zone
                    in Central or Eastern Europe;
                      (F) requiring NATO to subsidize Russian arms
                    sales, service, or support to the militaries of
                    those former Warsaw Pact countries invited to
                    join the Alliance; or
                      (G) legitimizing Russian efforts to link
                    concessions in arms control negotiations to
                    NATO enlargement.
              (3) Commitments from russia.--In order to enhance
            security and stability in Europe, the United States
            should seek commitments from Russia--
                      (A) to demarcate and respect all its borders
                    with neighboring states;
                      (B) to achieve the immediate and complete
                    withdrawal of any armed forces and military
                    equipment under the control of Russia that are
                    deployed on the territories of the independent
                    states of the former Soviet Union without the
                    full and complete agreement of those states;
                      (C) to station its armed forces on the
                    territory of other states only with the full
                    and complete agreement of that state and in
                    strict accordance with international law; and
                      (D) to take steps to reduce further its
                    nuclear and conventional forces in Kaliningrad.
              (4) Consultations.--As negotiations on adaptation of
            the Treaty on Conventional Armed Forces in Europe
            proceed, the United States should engage in close and
            continuous consultations not only with its NATO allies,
            but also with the emerging democracies of Central and
            Eastern Europe, Ukraine, and the South Caucasus.
        (c) Policy With Respect to Ballistic Missile Defense
    Cooperation.--
              (1) In general.--As the United States proceeds with
            efforts to develop defenses against ballistic missile
            attack, it should seek to foster a climate of
            cooperation with Russia on matters related to missile
            defense. In particular, the United States and its NATO
            allies should seek to cooperate with Russia in such
            areas as early warning.
              (2) Discussions with nato allies.--The United States
            should initiate discussions with its NATO allies for
            the purpose of examining the feasibility of deploying a
            ballistic missile defense capable of protecting NATO's
            southern and eastern flanks from a limited ballistic
            missile attack.
              (3) Constitutional prerogatives.--Even as the
            Congress seeks to promote ballistic missile defense
            cooperation with Russia, it must insist on its
            constitutional prerogatives regarding consideration of
            arms control agreements with Russia that bear on
            ballistic missile defense.

    SEC. 2703. AUTHORITIES RELATING TO NATO ENLARGEMENT.

        (a) Policy of Section.--This section is enacted in order to
    implement the policy set forth in section 2702(a).
        (b) Designation of Additional Countries Eligible for NATO
    Enlargement Assistance.--
              (1) Designation of additional countries.--Romania,
            Estonia, Latvia, Lithuania, and Bulgaria are each
            designated as eligible to receive assistance under the
            program established under section 203(a) of the NATO
            Participation Act of 1994 (22 U.S.C. 1928 note) and
            shall be deemed to have been so designated pursuant to
            section 203(d)(1) of such Act.
              (2) Rule of construction.--The designation of
            countries pursuant to paragraph (1) as eligible to
            receive assistance under the program established under
            section 203(a) of the NATO Participation Act of 1994--
                      (A) is in addition to the designation of
                    other countries by law or pursuant to section
                    203(d)(2) of such Act as eligible to receive
                    assistance under the program established under
                    section 203(a) of such Act; and
                      (B) shall not preclude the designation by the
                    President of other emerging democracies in
                    Central and Eastern Europe pursuant to section
                    203(d)(2) of such Act as eligible to receive
                    assistance under the program established under
                    section 203(a) of such Act.
              (3) Sense of congress.--It is the sense of Congress
            that Romania, Estonia, Latvia, Lithuania, and
            Bulgaria--
                      (A) are to be commended for their progress
                    toward political and economic reform and
                    meeting the guidelines for prospective NATO
                    members;
                      (B) would make an outstanding contribution to
                    furthering the goals of NATO and enhancing
                    stability, freedom, and peace in Europe should
                    they become NATO members; and
                      (C) upon complete satisfaction of all
                    relevant criteria should be invited to become
                    full NATO members at the earliest possible
                    date.
        (c) Regional Airspace Initiative and Partnership for Peace
    Information Management System.--
              (1) In general.--Funds described in paragraph (2) are
            authorized to be made available to support the
            implementation of the Regional Airspace Initiative and
            the Partnership for Peace Information Management
            System, including--
                      (A) the procurement of items in support of
                    these programs; and
                      (B) the transfer of such items to countries
                    participating in these programs.
              (2) Funds described.--Funds described in this
            paragraph are funds that are available--
                      (A) during any fiscal year under the NATO
                    Participation Act of 1994 with respect to
                    countries eligible for assistance under that
                    Act; or
                      (B) during fiscal year 1998 under any Act to
                    carry out the Warsaw Initiative.
        (d) Extension of Authority Regarding Excess Defense
    Articles.--Section 105 of Public Law 104-164 (110 Stat. 1427)
    is amended by striking ``1996 and 1997'' and inserting ``1997,
    1998, and 1999''.
        (e) Conforming Amendments to the NATO Participation Act of
    1994.--Section 203(c) of the NATO Participation Act of 1994 (22
    U.S.C. 1928 note) is amended-- * * *

    SEC. 2704. SENSE OF CONGRESS WITH RESPECT TO THE TREATY ON CONVENTIONAL
                        ARMED FORCES IN EUROPE.

        It is the sense of Congress that no revisions to the Treaty
    on Conventional Armed Forces in Europe will be approved for
    entry into force with respect to the United States that
    jeopardize fundamental United States security interests in
    Europe or the effectiveness and flexibility of NATO as a
    defensive alliance by--
              (1) extending rights or imposing responsibilities on
            new NATO members different from those applicable to
            current NATO members, including rights or
            responsibilities with respect to the deployment of
            nuclear weapons and the stationing of troops and
            equipment from other NATO members;
              (2) limiting the ability of NATO to defend the
            territory of new NATO members by, for example,
            restricting the construction of defense infrastructure
            or limiting the ability of NATO to deploy necessary
            reinforcements;
              (3) providing any international organization, or any
            country that is not a member of NATO, with the
            authority to delay, veto, or otherwise impede
            deliberations and decisions of the North Atlantic
            Council or the implementation of such decisions,
            including deliberations and decisions with respect to
            the deployment of NATO forces or the admission of
            additional members to NATO; or
              (4) impeding the development of enhanced relations
            between NATO and other European countries that do not
            belong to the Alliance.

    SEC. 2705. RESTRICTIONS AND REQUIREMENTS RELATING TO BALLISTIC MISSILE
                        DEFENSE.

        (a) Policy of Section.--This section is enacted in order to
    implement the policy set forth in section 2702(c).
        (b) Restriction on Entry Into Force of ABM/TMD Demarcation
    Agreements.--An ABM/TMD demarcation agreement shall not be
    binding on the United States, and shall not enter into force
    with respect to the United States, unless, after the date of
    enactment of this Act, that agreement is specifically approved
    with the advice and consent of the United States Senate
    pursuant to Article II, section 2, clause 2 of the
    Constitution.
        (c) Sense of Congress With Respect to Demarcation
    Agreements.--
              (1) Relationship to multilateralization of abm
            treaty.--It is the sense of Congress that no ABM/TMD
            demarcation agreement will be considered for advice and
            consent to ratification unless, consistent with the
            certification of the President pursuant to condition
            (9) of the resolution of ratification of the CFE Flank
            Document, the President submits for Senate advice and
            consent to ratification any agreement, arrangement, or
            understanding that would--
                      (A) add one or more countries as State
                    Parties to the ABM Treaty, or otherwise convert
                    the ABM Treaty from a bilateral treaty to a
                    multilateral treaty; or
                      (B) change the geographic scope or coverage
                    of the ABM Treaty, or otherwise modify the
                    meaning of the term ``national territory'' as
                    used in Article VI and Article IX of the ABM
                    Treaty.
              (2) Preservation of united states theater ballistic
            missile defense potential.--It is the sense of Congress
            that no ABM/TMD demarcation agreement that would reduce
            the capabilities of United States theater missile
            defense systems, or the numbers or deployment patterns
            of such systems, will be approved for entry into force
            with respect to the United States.
        (d) \4\ Report on Cooperative Projects With Russia.--Not
    later than January 1, 1999, January 1, 2000, and January 1,
    2001,\5\ the President shall submit to the Committees on
    International Relations, National Security, and Appropriations
    of the House of Representatives and the Committees on Foreign
    Relations, Armed Services, and Appropriations of the Senate a
    report on cooperative projects with Russia in the area of
    ballistic missile defense, including in the area of early
    warning. Each such report shall include the following:
    ---------------------------------------------------------------------------
        \4\ See also sec. 3623 of the National Defense Authorization Act
    for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1825), which
    requires the Secretary of Defense to deliver a report by November 24,
    2004, concerning U.S./NATO-Russian cooperation on ballistic missile
    defense. Sec. 3623 of that Act reads as follows:
    ---------------------------------------------------------------------------

    ``sec. 3623. sense of congress on cooperation by united states and nato
    with russia on ballistic missile defenses.
    ---------------------------------------------------------------------------

        ``(a) Sense of Congress.--It is the sense of Congress that the
    President should, in conjunction with the North Atlantic Treaty
    Organization, encourage appropriate cooperative relationships between
    the Russian Federation and the United States and North Atlantic Treaty
    Organization with respect to the development and deployment of
    ballistic missile defenses.
        ``(b) Report to Congress.--Not later than one year after the date
    of the enactment of this Act, the Secretary of Defense shall transmit
    to the Committee on Armed Services of the Senate and the Committee on
    Armed Services of the House of Representatives a report (in
    unclassified or classified form as necessary) on the feasibility of
    increasing cooperation between the Russian Federation and the United
    States and the North Atlantic Treaty Organization on the subject of
    ballistic missile defense. The report shall include--
    ---------------------------------------------------------------------------

      ``(1) the recommendations of the Secretary;

      ``(2) a description of the threat such cooperation is intended to
    address; and

      ``(3) an assessment of possible benefits to ballistic missile defense
    programs of the United States.''.
    ---------------------------------------------------------------------------

        \5\ Sec. 209(d) of the Admiral James W. Nance and Meg Donovan
    Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
    3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
    113 Stat. 1536), struck out ``and January 1, 2000'' and inserted in
    lieu thereof ``January 1, 2000, and January 1, 2001,''.
    ---------------------------------------------------------------------------
              (1) Cooperative projects.--A description of all
            cooperative projects conducted in the area of early
            warning and ballistic missile defense during the
            preceding fiscal year and the fiscal year during which
            the report is submitted.
              (2) Funding.--A description of the funding for such
            projects during the preceding fiscal year and the year
            during which the report is submitted and the proposed
            funding for such projects for the next fiscal year.
              (3) Status of dialogue or discussions.--A description
            of the status of any dialogue or discussions conducted
            during the preceding fiscal year between the United
            States and Russia aimed at exploring the potential for
            mutual accommodation of outstanding issues between the
            two nations on matters relating to ballistic missile
            defense and the ABM Treaty, including the possibility
            of developing a strategic relationship not based on
            mutual nuclear threats.
        (e) Definitions.--In this section:
              (1) ABM/TMD demarcation agreement.--The term ``ABM/
            TMD demarcation agreement'' means any agreement that
            establishes a demarcation between theater ballistic
            missile defense systems and strategic antiballistic
            missile defense systems for purposes of the ABM Treaty.
              (2) ABM treaty.--The term ``ABM Treaty'' means the
            Treaty Between the United States of America and the
            Union of Soviet Socialist Republics on the Limitation
            of Anti-Ballistic Missile Systems, signed at Moscow on
            May 26, 1972 (23 UST 3435), and includes the Protocols
            to that Treaty, signed at Moscow on July 3, 1974 (27
            UST 1645).
                  b. NATO Enlargement Facilitation Act of 1996

       Title VI of sec. 101(c) of title I of Public Law 104-208 [Omnibus
      Consolidated Appropriations Act, 1997; H.R. 3610], 110 Stat. 3009,
                          approved September 30, 1996

            TITLE VI--NATO ENLARGEMENT FACILITATION ACT OF 1996 \1\

    SEC. 601. SHORT TITLE.

          This title may be cited as the ``NATO Enlargement
    Facilitation Act of 1996''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 1928 note.
    ---------------------------------------------------------------------------

    SEC. 602. FINDINGS.

        The Congress makes the following findings:
              (1) Since 1949, the North Atlantic Treaty
            Organization (NATO) has played an essential role in
            guaranteeing the security, freedom, and prosperity of
            the United States and its partners in the Alliance.
              (2) The NATO Alliance is, and has been since its
            inception, purely defensive in character, and it poses
            no threat to any nation. The enlargement of the NATO
            Alliance to include as full and equal members emerging
            democracies in Central and Eastern Europe will serve to
            reinforce stability and security in Europe by fostering
            their integration into the structures which have
            created and sustained peace in Europe since 1945. Their
            admission into NATO will not threaten any nation.
            America's security, freedom, and prosperity remain
            linked to the security of the countries of Europe.
              (3) The sustained commitment of the member countries
            of NATO to a mutual defense has made possible the
            democratic transformation of Central and Eastern
            Europe. Members of the Alliance can and should play a
            critical role in addressing the security challenges of
            the post-Cold War era and in creating the stable
            environment needed for those emerging democracies in
            Central and Eastern Europe to successfully complete
            political and economic transformation.
              (4) The United States continues to regard the
            political independence and territorial integrity of all
            emerging democracies in Central and Eastern Europe as
            vital to European peace and security.
              (5) The active involvement by the countries of
            Central and Eastern Europe has made the Partnership for
            Peace program an important forum to foster cooperation
            between NATO and those countries seeking NATO
            membership.
              (6) NATO has enlarged its membership on 3 different
            occasions since 1949.
              (7) Congress supports the admission of qualified new
            members to NATO and the European Union at an early date
            and has sought to facilitate the admission of qualified
            new members into NATO.
              (8) Lasting security and stability in Europe requires
            not only the military integration of emerging
            democracies in Central and Eastern Europe into existing
            European structures, but also the eventual economic and
            political integration of these countries into existing
            European structures.
              (9) As new members of NATO assume the
            responsibilities of Alliance membership, the costs of
            maintaining stability in Europe should be shared more
            widely. Facilitation of the enlargement process will
            require current members of NATO, and the United States
            in particular, to demonstrate the political will needed
            to build on successful ongoing programs such as the
            Warsaw Initiative and the Partnership for Peace by
            making available the resources necessary to supplement
            efforts prospective new members are themselves
            undertaking.
              (10) New members will be full members of the
            Alliance, enjoying all rights and assuming all the
            obligations under the North Atlantic Treaty, signed at
            Washington on April 4, 1949 (hereafter in this Act
            referred to as the ``Washington Treaty'').
              (11) In order to assist emerging democracies in
            Central and Eastern Europe that have expressed interest
            in joining NATO to be prepared to assume the
            responsibilities of NATO membership, the United States
            should encourage and support efforts by such countries
            to develop force structures and force modernization
            priorities that will enable such countries to
            contribute to the full range of NATO missions,
            including, most importantly, territorial defense of the
            Alliance.
              (12) Cooperative regional peacekeeping initiatives
            involving emerging democracies in Central and Eastern
            Europe that have expressed interest in joining NATO,
            such as the Baltic Peacekeeping Battalion, the Polish-
            Lithuanian Joint Peacekeeping Force, and the Polish-
            Ukrainian Peacekeeping Force, can make an important
            contribution to European peace and security and
            international peacekeeping efforts, can assist those
            countries preparing to assume the responsibilities of
            possible NATO membership, and accordingly should
            receive appropriate support from the United States.
              (13) NATO remains the only multilateral security
            organization capable of conducting effective military
            operations and preserving security and stability of the
            Euro-Atlantic region.
              (14) NATO is an important diplomatic forum and has
            played a positive role in defusing tensions between
            members of the Alliance and, as a result, no military
            action has occurred between two Alliance member states
            since the inception of NATO in 1949.
              (15) The admission to NATO of emerging democracies in
            Central and Eastern Europe which are found to be in a
            position to further the principles of the Washington
            Treaty would contribute to international peace and
            enhance the security of the region. Countries which
            have become democracies and established market
            economies, which practice good neighborly relations,
            and which have established effective democratic
            civilian control over their defense establishments and
            attained a degree of interoperability with NATO, should
            be evaluated for their potential to further the
            principles of the Washington Treaty.
              (16) Democratic civilian control of defense forces is
            an essential element in the process of preparation for
            those states interested in possible NATO membership.
              (17) Protection and promotion of fundamental freedoms
            and human rights is an integral aspect of genuine
            security, and in evaluating requests for membership in
            NATO, the human rights records of the emerging
            democracies in Central and Eastern Europe should be
            evaluated according to their commitments to fulfill in
            good faith the human rights obligations of the Charter
            of the United Nations, the principles of the Universal
            Declaration on Human Rights, and the Helsinki Final
            Act.
              (18) A number of Central and Eastern European
            countries have expressed interest in NATO membership,
            and have taken concrete steps to demonstrate this
            commitment, including their participation in
            Partnership for Peace activities.
              (19) The Caucasus region remains important
            geographically and politically to the future security
            of Central Europe. As NATO proceeds with the process of
            enlargement, the United States and NATO should continue
            to examine means to strengthen the sovereignty and
            enhance the security of United Nations recognized
            countries in that region.
              (20) In recognition that not all countries which have
            requested membership in NATO will necessarily qualify
            at the same pace, the accession date for each new
            member will vary.
              (21) The provision of additional NATO transition
            assistance should include those emerging democracies
            most ready for closer ties with NATO and should be
            designed to assist other countries meeting specified
            criteria of eligibility to move forward toward eventual
            NATO membership.
              (22) The Congress of the United States finds in
            particular that Poland, Hungary, and the Czech Republic
            have made significant progress toward achieving the
            criteria set forth in section 203(d)(3) of the NATO
            Participation Act of 1994 and should be eligible for
            the additional assistance described in this Act.
              (23) The evaluation of future membership in NATO for
            emerging democracies in Central and Eastern Europe
            should be based on the progress of those nations in
            meeting criteria for NATO membership, which require
            enhancement of NATO's security and the approval of all
            NATO members.
              (24) The process of NATO enlargement entails the
            consensus agreement of the governments of all 16 NATO
            members and ratification in accordance with their
            constitutional procedures.
              (25) Some NATO members, such as Spain and Norway, do
            not allow the deployment of nuclear weapons on their
            territory although they are accorded the full
            collective security guarantees provided by Article 5 of
            the Washington Treaty. There is no a priori requirement
            for the stationing of nuclear weapons on the territory
            of new NATO members, particularly in the current
            security climate. However, NATO retains the right to
            alter its security posture at any time as circumstances
            warrant.

    SEC. 603. UNITED STATES POLICY.

        It is the policy of the United States--
              (1) to join with the NATO allies of the United States
            to adapt the role of the NATO Alliance in the post-Cold
            War world;
              (2) to actively assist the emerging democracies in
            Central and Eastern Europe in their transition so that
            such countries may eventually qualify for NATO
            membership;
              (3) to support the enlargement of NATO in recognition
            that enlargement will benefit the interests of the
            United States and the Alliance and to consider these
            benefits in any analysis of the costs of NATO
            enlargement;
              (4) to ensure that all countries in Central and
            Eastern Europe are fully aware of and capable of
            assuming the costs and responsibilities of NATO
            membership, including the obligation set forth in
            Article 10 of the Washington Treaty that new members be
            able to contribute to the security of the North
            Atlantic area; and
              (5) to work to define a constructive and cooperative
            political and security relationship between an enlarged
            NATO and the Russian Federation.

    SEC. 604. SENSE OF THE CONGRESS REGARDING FURTHER ENLARGEMENT OF NATO.

        It is the sense of the Congress that in order to promote
    economic stability and security in Slovakia, Estonia, Latvia,
    Lithuania, Romania, Bulgaria, Albania, Moldova, and Ukraine--
              (1) the United States should continue and expand its
            support for the full and active participation of these
            countries in activities appropriate for qualifying for
            NATO membership;
              (2) the United States Government should use all
            diplomatic means available to press the European Union
            to admit as soon as possible any country which
            qualifies for membership;
              (3) the United States Government and the North
            Atlantic Treaty Organization should continue and expand
            their support for military exercises and peacekeeping
            initiatives between and among these nations, nations of
            the North Atlantic Treaty Organization, and Russia; and
              (4) the process of enlarging NATO to include emerging
            democracies in Central and Eastern Europe should not be
            limited to consideration of admitting Poland, Hungary,
            the Czech Republic, and Slovenia as full members of the
            NATO Alliance.

    SEC. 605. SENSE OF THE CONGRESS REGARDING ESTONIA, LATVIA AND
                        LITHUANIA.

        In view of the forcible incorporation of Estonia, Latvia,
    Lithuania into the Soviet Union in 1940 under the Molotov-
    Ribbentrop Pact and the refusal of the United States and other
    countries to recognize that incorporation for over 50 years, it
    is the sense of the Congress that--
              (1) Estonia, Latvia, and Lithuania have valid
            historical security concerns that must be taken into
            account by the United States; and
              (2) Estonia, Latvia, and Lithuania should not be
            disadvantaged in seeking to join NATO by virtue of
            their forcible incorporation into the Soviet Union.

    SEC. 606. DESIGNATION OF COUNTRIES ELIGIBLE FOR NATO ENLARGEMENT
                        ASSISTANCE.

        (a) In General.--The following countries are designated as
    eligible to receive assistance under the program established
    under section 203(a) of the NATO Participation Act of 1994 and
    shall be deemed to have been so designated pursuant to section
    203(d)(1) of such Act: Poland, Hungary, and the Czech Republic.
        (b) Designation of Slovenia.--Effective 90 days after the
    date of enactment of this Act, Slovenia is designated as
    eligible to receive assistance under the program established
    under section 203(a) of the NATO Participation Act of 1994, and
    shall be deemed to have been so designated pursuant to section
    203(d) of such Act, unless the President certifies to Congress
    prior to such effective date that Slovenia fails to meet the
    criteria under section 203(d)(3) of such Act.
        (c) Designation of Other Countries.--The President shall
    designate other emerging democracies in Central and Eastern
    Europe as eligible to receive assistance under the program
    established under section 203(a) of such Act if such
    countries--
              (1) have expressed a clear desire to join NATO;
              (2) have begun an individualized dialogue with NATO
            in preparation for accession;
              (3) are strategically significant to an effective
            NATO defense; and
              (4) meet the other criteria outlined in section
            203(d)(3) of the NATO Participation Act of 1994 (title
            II of Public Law 103-447; 22 U.S.C. 1928 note).
        (d) Rule of Construction.--Nothing in this section
    precludes the designation by the President of Estonia, Latvia,
    Lithuania, Romania, Slovakia, Bulgaria, Albania, Moldova,
    Ukraine, or any other emerging democracy in Central and Eastern
    Europe pursuant to section 203(d) of the NATO Participation Act
    of 1994 as eligible to receive assistance under the program
    established under section 203(a) of such Act.

    SEC. 607. AUTHORIZATION OF APPROPRIATIONS FOR NATO ENLARGEMENT
                        ASSISTANCE.

        (a) In General.--There are authorized to be appropriated
    $60,000,000 for fiscal year 1997 for the program established
    under section 203(a) of the NATO Participation Act of 1994.
        (b) Availability.--Of the funds authorized to be
    appropriated by subsection (a)--
              (1) not less than $20,000,000 shall be available for
            the cost, as defined in section 502(5) of the Credit
            Reform Act of 1990, of direct loans pursuant to the
            authority of section 203(c)(4) of the NATO
            Participation Act of 1994 (relating to the ``Foreign
            Military Financing Program'');
              (2) not less than $30,000,000 shall be available for
            assistance on a grant basis pursuant to the authority
            of section 203(c)(4) of the NATO Participation Act of
            1994 (relating to the ``Foreign Military Financing
            Program''); and
              (3) not more than $10,000,000 shall be available for
            assistance pursuant to the authority of section
            203(c)(3) of the NATO Participation Act of 1994
            (relating to international military education and
            training).
        (c) Rule of Construction.--Amounts authorized to be
    appropriated under this section are authorized to be
    appropriated in addition to such amounts as otherwise may be
    available for such purposes.

    SEC. 608. REGIONAL AIRSPACE INITIATIVE AND PARTNERSHIP FOR PEACE
                        INFORMATION MANAGEMENT SYSTEM.

        (a) In General.--To the extent provided in advance in
    appropriations acts for such purposes, funds described in
    subsection (b) are authorized to be made available to support
    the implementation of the Regional Airspace Initiative and the
    Partnership for Peace Information Management System,
    including--
              (1) the procurement of items in support of these
            programs; and
              (2) the transfer of such items to countries
            participating in these programs.
        (b) Funds Described.--Funds described in this subsection
    are funds that are available--
              (1) during any fiscal year under the NATO
            Participation Act of 1994 with respect to countries
            eligible for assistance under that Act; or
              (2) during fiscal year 1997 under any Act to carry
            out the Warsaw Initiative.

    SEC. 609. EXCESS DEFENSE ARTICLES.

        (a) Priority Delivery.--Notwithstanding any other provision
    of law, the delivery of excess defense articles under the
    authority of section 203(c) (1) and (2) of the NATO
    Participation Act of 1994 and section 516 of the Foreign
    Assistance Act of 1961 shall be given priority to the maximum
    extent feasible over the delivery of such excess defense
    articles to all other countries except those countries referred
    to in section 541 of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1995 (Public Law 103-
    306; 108 Stat. 1640).
        (b) Cooperative Regional Peacekeeping Initiatives.--The
    Congress encourages the President to provide excess defense
    articles and other appropriate assistance to cooperative
    regional peacekeeping initiatives involving emerging
    democracies in Central and Eastern Europe that have expressed
    an interest in joining NATO in order to enhance their ability
    to contribute to European peace and security and international
    peacekeeping efforts.

    SEC. 610. MODERNIZATION OF DEFENSE CAPABILITY.

        The Congress endorses efforts by the United States to
    modernize the defense capability of Poland, Hungary, the Czech
    Republic, Slovenia, and any other countries designated by the
    President pursuant to section 203(d) of the NATO Participation
    Act of 1994, by exploring with such countries options for the
    sale or lease to such countries of weapons systems compatible
    with those used by NATO members, including air defense systems,
    advanced fighter aircraft, and telecommunications
    infrastructure.

    SEC. 611. TERMINATION OF ELIGIBILITY.

        (a) Termination of Eligibility.--The eligibility of a
    country designated pursuant to subsection (a) or (b) of section
    606 or pursuant to section 203(d) of the NATO Participation Act
    of 1994 may be terminated upon a determination by the President
    that such country does not meet the criteria set forth in
    section 203(d)(3) of the NATO Participation Act of 1994.
        (b) Notification.--At least 15 days before terminating the
    eligibility of any country pursuant to subsection (a), the
    President shall notify the congressional committees specified
    in section 634A of the Foreign Assistance Act of 1961 in
    accordance with the procedures applicable to reprogramming
    notifications under that section.

    SEC. 612. CONFORMING AMENDMENTS TO THE NATO PARTICIPATION ACT.

        The NATO Participation Act of 1994 (title II of Public Law
    103-447; 22 U.S.C. 1928 note) is amended in sections 203(a),
    203(d)(1), and 203(d)(2) by striking ``countries emerging from
    communist domination'' each place it appears and inserting
    ``emerging democracies in Central and Eastern Europe''.
                       c. NATO Participation Act of 1994

        Title II of Public Law 103-447 [International Narcotics Control
     Corrections Act of 1994; H.R. 5246], 108 Stat. 4691 at 4695, approved
    November 2, 1994; as amended by Public Law 104-99 [Foreign Operations,
     Export Financing, and Related Programs Appropriations Act, 1996, H.R.
       1868, enacted by reference in sec. 301 of Public Law 104-99; H.R.
    2880], 110 Stat. 26, approved January 26, 1996, enacted again as Public
      Law 104-107 [H.R. 1868], 110 Stat. 704, approved February 12, 1996;
    Public Law 104-208 [NATO Enlargement Facilitation Act of 1996, title VI
     of sec. 101(c) of title I of the Omnibus Consolidated Appropriations
    Act, 1997; H.R. 3610], 110 Stat. 3009, approved September 30, 1996; and
      Public Law 105-277 [Omnibus Consolidated and Emergency Supplemental
    Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681, approved October
                                    21, 1998

                  TITLE II--NATO PARTICIPATION ACT OF 1994 \1\

    SEC. 201. SHORT TITLE.

        This title may be cited as the ``NATO Participation Act of
    1994''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 1928 note.
    ---------------------------------------------------------------------------

    SEC. 202. SENSE OF THE CONGRESS.

        It is the sense of the Congress that--
              (1) the leaders of the NATO member nations are to be
            commended for reaffirming that NATO membership remains
            open to Partnership for Peace countries emerging from
            communist domination and for welcoming eventual
            expansion of NATO to include such countries;
              (2) full and active participants in the Partnership
            for Peace in a position to further the principles of
            the North Atlantic Treaty and to contribute to the
            security of the North Atlantic area should be invited
            to become full NATO members in accordance with Article
            10 of such Treaty at an early date, if such
            participants--
                      (A) maintain their progress toward
                    establishing democratic institutions, free
                    market economies, civilian control of their
                    armed forces, and the rule of law; and
                      (B) remain committed to protecting the rights
                    of all their citizens and respecting the
                    territorial integrity of their neighbors;
              (3) the United States, other NATO member nations, and
            NATO itself should furnish appropriate assistance to
            facilitate the transition to full NATO membership at an
            early date of full and active participants in the
            Partnership for Peace; and
              (4) in particular, Poland, Hungary, the Czech
            Republic, and Slovakia have made significant progress
            toward establishing democratic institutions, free
            market economies, civilian control of their armed
            forces, and the rule of law since the fall of their
            previous communist governments.

    SEC. 203. AUTHORITY FOR PROGRAM TO FACILITATE TRANSITION TO NATO
                        MEMBERSHIP.

        (a) In General.--The President may establish a program to
    assist the transition to full NATO membership of Poland,
    Hungary, the Czech Republic, Slovakia, and other Partnership
    for Peace emerging democracies in Central and Eastern Europe
    \2\ designated pursuant to subsection (d).
    ---------------------------------------------------------------------------
        \2\ Sec. 612 of the NATO Enlargement Facilitation Act of 1996
    (title VI of sec. 101(c) of title I of Public Law 104-208; 110 Stat.
    3009) struck out ``countries emerging from communist domination'' and
    inserted in lieu thereof ``emerging democracies in Central and Eastern
    Europe'' in secs. 203(a), 203(d)(1) and 203(d)(2).
    ---------------------------------------------------------------------------
        (b) Conduct of Program.--The program established under
    subsection (a) shall facilitate the transition to full NATO
    membership of the countries designated under subsection (d) \3\
    by supporting and encouraging, inter alia--
    ---------------------------------------------------------------------------
        \3\ Sec. 585(a)(2)(A) of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
    Stat. 754), struck out ``countries described in such subsection'' and
    inserted in lieu thereof ``countries designated under subsection (d)''.
    ---------------------------------------------------------------------------
              (1) joint planning, training, and military exercises
            with NATO forces;
              (2) greater interoperability of military equipment,
            air defense systems, and command, control, and
            communications systems; and
              (3) conformity of military doctrine.
        (c) Type of Assistance.--In carrying out the program
    established under subsection (a), the President may provide to
    the countries designated under subsection (d) \3\ the following
    types of security assistance:
              (1) The transfer of excess defense articles under
            section 516 of the Foreign Assistance Act of 1961.\4\
    ---------------------------------------------------------------------------
        \4\ Sec. 2703(e)(1) of the European Security Act of 1999 (title
    XXVII of Public Law 105-277; 112 Stat. 2681-842) struck out ``, without
    regard to the restrictions in paragraphs (1) through (3) of subsection
    (a) of such section (relating to the eligibility of countries for such
    articles under such section)'' following ``Foreign Assistance Act of
    1961''.
    ---------------------------------------------------------------------------
              (2) \5\ Assistance under chapter 5 of part II of the
            Foreign Assistance Act of 1961 (relating to
            international military education and training).
    ---------------------------------------------------------------------------
        \5\ Sec. 2703(e)(2) of the European Security Act of 1999 (title
    XXVII of Public Law 105-277; 112 Stat. 2681-842) struck out former
    para. (2), which had provided as follows:
        ``(2) The transfer of nonlethal excess defense articles under
    section 519 of the Foreign Assistance Act of 1961, without regard to
    the restriction in subsection (a) of such section (relating to the
    justification of the foreign military financing program for the fiscal
    year in which a transfer is authorized).''.
        Sec. 2703(e)(5) of that Act redesignated paras. (3) through (8) as
    paras. (2) through (7), respectively.
    ---------------------------------------------------------------------------
              (3) \5\ Assistance under section 23 of the Arms
            Export Control Act (relating to the ``Foreign Military
            Financing Program'').
              (4) \6\ Assistance under chapter 4 of part II of the
            Foreign Assistance Act of 1961 (relating to the
            Economic Support Fund).
    ---------------------------------------------------------------------------
        \6\ Sec. 585(b) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
    Stat. 754, added paras. (5) through (8), redesignated as paras. (4)
    through (7) by sec. 2703(e)(5) of the European Security Act of 1999
    (title XXVII of Public Law 105-277; 112 Stat. 2681-843).
    ---------------------------------------------------------------------------
              (5) \6\ Funds made available for the
            ``Nonproliferation and Disarmament Fund''.\7\
    ---------------------------------------------------------------------------
        \7\ Sec. 2703(e)(3) of the European Security Act of 1999 (title
    XXVII of Public Law 105-277; 112 Stat. 2681-843) struck out
    ``appropriated under the `Nonproliferation and Disarmament Fund'
    account'' and inserted in lieu thereof ``made available for the
    `Nonproliferation and Disarmament Fund' ''.
    ---------------------------------------------------------------------------
              (6) \6\ Assistance under chapter 6 of part II of the
            Foreign Assistance Act of 1961 (relating to
            peacekeeping operations and other programs).
              (7) \6\ Notwithstanding any other provision of law,
            including section 516(e) \8\ of the Foreign Assistance
            Act of 1961,\9\ the President may direct the crating,
            packing, handling, and transportation of excess defense
            articles provided pursuant to paragraph (1) \10\ of
            this subsection without charge to the recipient of such
            articles.
    ---------------------------------------------------------------------------
        \8\ Sec. 2703(e)(4)(A) of the European Security Act of 1999 (title
    XXVII of Public Law 105-277; 112 Stat. 2681-843) struck out ``any
    restrictions in sections 516 and 519'' and inserted in lieu thereof
    ``section 516(e)''.
        \9\ Sec. 2703(e)(4)(B) of the European Security Act of 1999 (title
    XXVII of Public Law 105-277; 112 Stat. 2681-843) struck out ``as
    amended,'' following ``Foreign Assistance Act of 1961,''.
        \10\ Sec. 2703(e)(4)(C) of the European Security Act of 1999 (title
    XXVII of Public Law 105-277; 112 Stat. 2681-843) struck out
    ``paragraphs (1) and (2)'' and inserted in lieu thereof ``paragraph
    (1)''.
    ---------------------------------------------------------------------------
        (d) \11\ Designation of Eligible Countries.--
    ---------------------------------------------------------------------------
        \11\ Sec. 585(a)(1) of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
    Stat. 752), amended and restated subsec. (d). It formerly read as
    follows:
        ``(d) Designation of Partnership for Peace Countries Emerging From
    Communist Domination.--The President may designate countries emerging
    from communism and participating in the Partnership for Peace,
    especially Poland, Hungary, the Czech Republic, and Slovakia, to
    receive assistance under the program established under subsection (a)
    if the President determines and reports to the Committee on Foreign
    Affairs of the House of Representatives and the Committee on Foreign
    Relations of the Senate that such countries--
    ---------------------------------------------------------------------------

      ``(1) are full and active participants in the Partnership for Peace;

      ``(2) have made significant progress toward establishing democratic
    institutions, a free market economy, civilian control of their armed
    forces, and the rule of law;

      ``(3) are likely in the near future to be in a position to further the
    principles of the North Atlantic Treaty and to contribute to the security
    of the North Atlantic area; and

      ``(4) are not selling or transferring defense articles to a state that
    has repeatedly provided support for acts of international terrorism, as
    determined by the Secretary of State under section 6(j) of the Export
    Administration Act of 1979.''.

              (1) \12\ Initial presidential review and
            designation.--Within 60 days of the enactment of the
            NATO Participation Act Amendments of 1995, the
            President should evaluate the degree to which any
            emerging democracies in Central and Eastern Europe \12\
            which has expressed its interest in joining NATO meets
            the criteria set forth in paragraph (3), and may
            designate one or more of these countries as eligible to
            receive assistance under the program established under
            subsection (a). The President shall, at the time of
            designation of any country pursuant to this paragraph,
            determine and report to the Committees on International
            Relations and Appropriations of the House of
            Representatives and the Committees on Foreign Relations
            and Appropriations of the Senate with respect to each
            country so designated that such country meets the
            criteria set forth in paragraph (3).
    ---------------------------------------------------------------------------
        \12\ Sec. 585 of Public Law 104-107 (110 Stat. 752) amended and
    restated subsec. (d)(1), which among other changes altered the phrase
    ``countries emerging from communist domination'' to ``any country
    emerging from communist domination''. Sec. 612 of the NATO Enlargement
    Facilitation Act of 1996 (title VI of sec. 101(c) of title I of Public
    Law 104-208; 110 Stat. 3009) subsequently struck out ``countries
    emerging from communist domination'' in subsec. (d)(1), and inserted in
    lieu thereof ``emerging democracies in Central and Eastern Europe'',
    despite the fact that sec. 585 of Public Law 104-107 had already
    altered the phrase in subsec. (d)(1) to read ``any country'' instead of
    ``countries''. In keeping with the intent of the amendment in Public
    Law 104-208, the amendment here strikes out ``any country emerging from
    communist domination'' and inserts in lieu thereof ``any emerging
    democracies in Central and Eastern Europe''.
    ---------------------------------------------------------------------------
              (2) Other european countries emerging from communist
            domination.--In addition to the countries designated
            pursuant to paragraph (1), the President may at any
            time designate other European emerging democracies in
            Central and Eastern Europe \2\ as eligible to receive
            assistance under the program established under
            subsection (a). The President shall, at the time of
            designation of any country pursuant to this paragraph,
            determine and report to the Committees on International
            Relations and Appropriations of the House of
            Representatives and the Committees on Foreign Relations
            and Appropriations of the Senate with respect to each
            country so designated that such country meets the
            criteria set forth in paragraph (3).
              (3) Criteria.--The criteria referred to in paragraphs
            (1) and (2) are, with respect to each country, that the
            country--
                      (A) has made significant progress toward
                    establishing--
                              (i) shared values and interests;
                              (ii) democratic governments;
                              (iii) free market economies;
                              (iv) civilian control of the
                            military, of the police, and of
                            intelligence services, so that these
                            organizations do not pose a threat to
                            democratic institutions, neighboring
                            countries, or the security of NATO or
                            the United States;
                              (v) adherence to the rule of law and
                            to the values, principles, and
                            political commitments set forth in the
                            Helsinki Final Act and other
                            declarations by the members of the
                            Organization on Security and
                            Cooperation in Europe;
                              (vi) commitment to further the
                            principles of NATO and to contribute to
                            the security of the North Atlantic
                            area;
                              (vii) commitment to protecting the
                            rights of all their citizens and
                            respecting the territorial integrity of
                            their neighbors;
                              (viii) commitment and ability to
                            accept the obligations,
                            responsibilities, and costs of NATO
                            membership; and
                              (ix) commitment and ability to
                            implement infrastructure development
                            activities that will facilitate
                            participation in and support for NATO
                            military activities;
                      (B) is likely, within five years of such
                    determination, to be in a position to further
                    the principles of the North Atlantic Treaty and
                    to contribute to the security of the North
                    Atlantic area; and
                      (C) is not ineligible to receive assistance
                    under section 552 of the Foreign Operations,
                    Export Financing, and Related Programs
                    Appropriations Act, 1996, with respect to
                    transfers of equipment to a country the
                    government of which the Secretary of State has
                    determined is a terrorist government for
                    purposes of section 40(d) of the Arms Export
                    Control Act.
        (e) Notification.--At least 15 days before designating any
    country pursuant to subsection (d), the President shall notify
    the appropriate congressional committees in accordance with the
    procedures applicable under section 634A of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2394-1), and shall include
    with such notification a memorandum of justification with
    respect to the proposed designation.\13\
    ---------------------------------------------------------------------------
        \13\ Sec. 585(a)(2)(B) of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1996 (Public Law 104-107; 110
    Stat. 754) inserted ``(22 U.S.C. 2394-1), and shall include with such
    notification a memorandum of justification with respect to the proposed
    designation''.
    ---------------------------------------------------------------------------
        (f) Determination.--It is hereby determined that Poland,
    Hungary, the Czech Republic, and Slovakia meet the criteria
    required in paragraphs (1), (2), and (3) of subsection (d).
        (g) \14\ Effect on Other Authorities.--Nothing in this Act
    shall affect the eligibility of countries to participate under
    other provisions of law in programs described in this Act.
    ---------------------------------------------------------------------------
        \14\ Sec. 585(c) of Public Law 104-107 (110 Stat. 754), added
    subsec. (g).
    ---------------------------------------------------------------------------

    SEC. 204. ADDITIONAL AUTHORITIES.

        (a) Arms Export Control Act.--The President is authorized
    to exercise the authority of sections 63 and 65 of the Arms
    Export Control Act with respect to any country designated under
    section 203(d) of this title on the same basis authorized with
    respect to NATO countries.
        (b) Other NATO Authorities.--The President should designate
    any country designated under section 203(d) of this title as
    eligible under sections 2350c and 2350f of title 10, United
    States Code.
        (c) Sense of Congress.--It is the sense of Congress that,
    in the interest of maintaining stability and promoting
    democracy in Poland, Hungary, the Czech Republic, Slovakia, and
    any other Partnership for Peace country designated under
    section 203(d) of this title, those countries should be
    included in all activities under section 2457 of title 10,
    United States Code, related to the increased standardization
    and enhanced interoperability of equipment and weapons systems,
    through coordinated training and procurement activities, as
    well as other means, undertaken by the North Atlantic Treaty
    Organization members and other allied countries.

    SEC. 205. ANNUAL \15\ REPORTING REQUIREMENT.

        The President shall include in the annual \16\ report
    required by section 514(a) of Public Law 103-236 (22 U.S.C.
    1928 note) the following:
    ---------------------------------------------------------------------------
        \15\ Sec. 585(d)(1) of Public Law 104-107 (110 Stat. 754) added
    ``annual'' in the section catchline.
        \16\ Sec. 585(d)(2) of Public Law 104-107 (110 Stat. 754) added
    ``annual'' after ``include in the''.
    ---------------------------------------------------------------------------
              (1) A description of all assistance provided under
            the program established under section 203(a), or
            otherwise provided by the United States Government to
            facilitate the transition to full NATO membership of
            Poland, Hungary, the Czech Republic, Slovakia, and any
            other country designated by the President pursuant to
            section 203(d).\17\
    ---------------------------------------------------------------------------
        \17\ Sec. 585(d)(3) of Public Law 104-107 (110 Stat. 754) struck
    out ``and other Partnership for Peace countries emerging from communist
    domination designated pursuant to section 203(d)'' and inserted in lieu
    thereof ``and any other country designated by the President pursuant to
    section 203(d)'' in paras. (1) and (2).
    ---------------------------------------------------------------------------
              (2) A description, on the basis of information
            received from the recipients and from NATO, of all
            assistance provided by other NATO member nations or
            NATO itself to facilitate the transition to full NATO
            membership of Poland, Hungary, the Czech Republic,
            Slovakia, and any other country designated by the
            President pursuant to section 203(d).\17\
       d. Reaffirming the United States Commitment to the North Atlantic
                                    Alliance

     Public Law 96-9 [H.J. Res. 283], 93 Stat. 22, approved April 19, 1979

    JOINT RESOLUTION Reaffirming the United States commitment to the North
                               Atlantic Alliance.

    Whereas April 4, 1979, marks the thirtieth anniversary of the
        signing in Washington of the North Atlantic Treaty;
    Whereas the alliance created by the treaty constitutes the
        manifestation of the ties which bind the democracies of
        Europe and North America and of their determination to
        preserve their common heritage of individual liberties, the
        rule of law, and the dignity of humankind;
    Whereas the peace and stability insured by the alliance for
        thirty years has fostered the well-being and freedom of
        nearly six hundred million human beings;
    Whereas the conditions for political stability and economic
        prosperity derive from the military security provided by
        the alliance; and
    Whereas the search for world peace, mutual respect among the
        nations of the world, and reduction in armaments are
        attainable only in a secure environment: Now, therefore, be
        it

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That the North
    Atlantic Alliance be reaffirmed as a vital commitment and
    cornerstone of United States foreign policy, and that the
    bipartisan spirit that inspired its birth be rededicated to the
    purpose of strengthening it further in the cause of peace and
    security.
        Sec. 2. The Congress recognizes the contribution of the
    Canadian and European Allies to the common defense and to the
    preservation of the civilization and common heritage of the
    West.
        Sec. 3. On the occasion of this thirtieth anniversary, the
    Congress pledges its support for the Alliance as the
    indispensable basis for the achievement of our mutual security,
    the reduction of tensions, and the pursuit of improved
    relations among all nations.
        Sec. 4. The Congress requests that the President of the
    United States forward copies of this resolution to the Chiefs
    of State of all member countries of the North Atlantic Treaty
    Organization, and to the Secretary General in recognition of
    his contribution to the strength and confidence of the North
    Atlantic Treaty Organization.
       e. Reaffirming the Unity of the North Atlantic Alliance Commitment

     Public Law 95-287 [S.J. Res. 137], 92 Stat. 280, approved May 30, 1978

     JOINT RESOLUTION Reaffirming the unity of the North Atlantic Alliance
                                  commitment.

    Whereas thirty years ago the Congress passed the Vandenberg
        Resolution, which has come to represent the highest
        qualities of bipartisan statesmanship; and
    Whereas the North Atlantic Alliance has preserved the peace in
        Europe for an entire generation, allowing its members to
        attain unprecedented levels of prosperity and well-being
        for their people; and
    Whereas the leaders of the Alliance will gather in Washington,
        D.C., on May 30 and 31, 1978, to renew their adherence to
        its principles and rededicate themselves to its objectives;
        and
    Whereas this meeting will be the capstone of efforts to ensure
        that the needs of collective security will be met over the
        next decade: Now, therefore, be it

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That the North
    Atlantic Alliance be reaffirmed as a vital commitment and
    cornerstone of United States foreign policy, and that the
    bipartisan spirit that inspired its birth be rededicated to the
    purpose of strengthening it further in the cause of peace and
    security.
        Sec. 2. The Congress recognizes the extraordinary success
    of the North Atlantic Alliance in fulfilling its goals of
    safeguarding the freedom, common heritage and civilization of
    its peoples, founded on the principles of democracy, individual
    liberty and the rule of law.
        Sec. 3. On the occasion of the NATO summit meeting in
    Washington, the Congress declares its support for efforts to
    reaffirm the unity of the North Atlantic Alliance, to
    strengthen its defensive capabilities to meet threats to the
    peace, and on this basis to persevere in attempts to lessen
    tensions with the Warsaw Pact States.
                            8. Taiwan Relations \1\

                            a. Taiwan Relations Act

     Public Law 96-8 [H.R. 2479], 93 Stat. 14, approved April 10, 1979; as
     amended by Public Law 98-164 [Department of State Authorization Act,
    Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat. 1017 at 1061, approved
                               November 22, 1983

     AN ACT To help maintain peace, security, and stability in the Western
       Pacific and to promote the foreign policy of the United States by
        authorizing the continuation of commercial, cultural, and other
      relations between the people of the United States and the people of
                        Taiwan, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

                                  short title

        Section 1. This Act may be cited as the ``Taiwan Relations
    Act''.
    ---------------------------------------------------------------------------
        \1\ See also sec. 1073 of the National Defense Authorization Act
    for Fiscal Year 1995, and sec. 221 of the Immigration and Nationality
    Technical Corrections Act of 1994 (Public Law 103-416; 108 Stat. 4320),
    relating to visas for high-level officials of Taiwan, in Legislation on
    Foreign Relations Through 2005, vol. II-A.
    ---------------------------------------------------------------------------

                       findings and declaration of policy

        Sec. 2.\2\ (a) The President having terminated governmental
    relations between the United States and the governing
    authorities on Taiwan recognized by the United States as the
    Republic of China prior to January 1, 1979, the Congress finds
    that the enactment of this Act is necessary--
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 3301.
    ---------------------------------------------------------------------------
              (1) to help maintain peace, security, and stability
            in the Western Pacific; and
              (2) to promote the foreign policy of the United
            States by authorizing the continuation of commercial,
            cultural, and other relations between the people of the
            United States and the people on Taiwan.
        (b) It is the policy of the United States--
              (1) to preserve and promote extensive, close, and
            friendly commercial, cultural, and other relations
            between the people of the United States and the people
            on Taiwan, as well as the people on the China mainland
            and all other peoples of the Western Pacific area;
              (2) to declare that peace and stability in the area
            are in the political, security, and economic interests
            of the United States, and are matters of international
            concern;
              (3) to make clear that the United States decision to
            establish diplomatic relations with the People's
            Republic of China rests upon the expectation that the
            future of Taiwan will be determined by peaceful means;
              (4) to consider any effort to determine the future of
            Taiwan by other than peaceful means, including by
            boycotts or embargoes, a threat to the peace and
            security of the Western Pacific area and of grave
            concern to the United States;
              (5) to provide Taiwan with arms of a defensive
            character; and
              (6) to maintain the capacity of the United States to
            resist any resort to force or other forms of coercion
            that would jeopardize the security, or the social or
            economical system, of the people on Taiwan.
        (c) Nothing contained in this Act shall contravene the
    interest of the United States in human rights, especially with
    respect to the human rights of all the approximately eighteen
    million inhabitants of Taiwan. The preservation and enhancement
    of the human rights of all the people on Taiwan are hereby
    reaffirmed as objectives of the United States.

          implementation of united states policy with regard to taiwan

        Sec. 3.\3\ (a) In furtherance of the policy set forth in
    section 2 of this Act, the United States will make available to
    Taiwan such defense articles and defense services in such
    quantity as may be necessary to enable Taiwan to maintain a
    sufficient self-defense capability.\4\
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 3302.
        \4\ Sec. 23 of the International Security Assistance Act of 1979
    (Public Law 96-92; 93 Stat. 710) provided authorization for the
    President to transfer to Taiwan war reserve material and other property
    during calendar years 1980 and 1981. For text of sec. 23, see
    Legislation on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
        (b) The President and the Congress shall determine the
    nature and quantity of such defense articles and services based
    solely upon their judgment of the needs of Taiwan, in
    accordance with procedures established by law. Such
    determination of Taiwan's defense needs shall include review by
    United States military authorities in connection with
    recommendations to the President and the Congress.
        (c) The President is directed to inform the Congress
    promptly of any threat to the security or the social or
    economic system of the people on Taiwan and any danger to the
    interests of the United States arising therefrom. The President
    and the Congress shall determine, in accordance with
    constitutional processes, appropriate action by the United
    States in response to any such danger.

                 application of laws; international agreements

        Sec. 4.\5\ (a) The absence of diplomatic relations or
    recognition shall not affect the application of the laws of the
    United States with respect to Taiwan, and the law of the United
    States shall apply with respect to Taiwan in the manner that
    the laws of the United States applied with respect to Taiwan
    prior to January 1, 1979.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 3303. See also sec. 704 of the Admiral James W. Nance
    and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000
    and 2001 (H.R. 3427, enacted by reference in sec. 1000(a)(7) of Public
    Law 106-113; 113 Stat. 1536), pertaining to reports from the Secretary
    of State to Congress on U.S. support for membership or participation of
    Taiwan in international organizations.
    ---------------------------------------------------------------------------
        (b) The application of subsection (a) of this section shall
    include, but shall not be limited to, the following:
              (1) Whenever the laws of the United States refer or
            relate to foreign countries, nations, states,
            governments, or similar entities, such terms shall
            include and such laws shall apply with respect to
            Taiwan.
              (2) Whenever authorized by or pursuant to the laws of
            the United States to conduct or carry out programs,
            transactions, or other relations with respect to
            foreign countries, nations, states, governments, or
            similar entities, the President or any agency of the
            United States Government is authorized to conduct and
            carry out, in accordance with section 6 of this Act,
            such programs, transactions, and other relations with
            respect to Taiwan (including, but not limited to, the
            performance of services for the United States through
            contracts with commercial entities on Taiwan), in
            accordance with the applicable laws of the United
            States.
              (3)(A) The absence of diplomatic relations and
            recognition with respect to Taiwan shall not abrogate,
            infringe, modify, deny, or otherwise affect in any way
            any rights or obligations (including but not limited to
            those involving contracts, debts, or property interests
            of any kind) under the laws of the United States
            heretofore or hereafter acquired by or with respect to
            Taiwan.
              (B) For all purposes under the laws of the United
            States, including actions in any court in the United
            States, recognition of the People's Republic of China
            shall not affect in any way the ownership of or other
            rights or interests in properties, tangible and
            intangible, and other things of value, owned or held on
            or prior to December 31, 1978, or thereafter acquired
            or earned by the governing authorities on Taiwan.
              (4) Whenever the application of the laws of the
            United States depends upon the law that is or was
            applicable on Taiwan or compliance therewith, the law
            applied by the people on Taiwan shall be considered the
            applicable law for that purpose.
              (5) Nothing in this Act, nor the facts of the
            President's action in extending diplomatic recognition
            to the People's Republic of China, the absence of
            diplomatic relations between the people on Taiwan and
            the United States, or the lack of recognition by the
            United States, and attendant circumstances thereto,
            shall be construed in any administrative or judicial
            proceeding as a basis for any United States Government
            agency, commission, or department to make a finding of
            fact or determination of law, under the Atomic Energy
            Act of 1954 and the Nuclear Non-Proliferation Act of
            1978, to deny an export license application or to
            revoke an existing export license for nuclear exports
            to Taiwan.
              (6) For purposes of the Immigration and Nationality
            Act, Taiwan may be treated in the manner specified in
            the first sentence of section 202(b) of that Act.\6\
    ---------------------------------------------------------------------------
        \6\ Sec. 714 of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1548) provided the
    following:
        ``Sec. 714. The approval referred to in the first sentence of
    section 202(b) of the Immigration and Nationality Act shall be
    considered to have been granted with respect to Taiwan (China).''.
        The first sentence of sec. 202(b) of the Immigration and
    Nationality Act, as amended (8 U.S.C. 1152(b)) provides: ``Each
    independent country, self-governing dominion, mandated territory, and
    territory under the international trusteeship system of the United
    Nations, other than the United States and its outlying possessions,
    shall be treated as a separate foreign state for the purposes of a
    numerical level established under subsection (a)(2) of this section
    when approved by the Secretary of State.''.
        On April 30, 1979, pursuant to sec. 104 of the Immigration and
    Nationality Act (8 U.S.C. 1104), the Department of State amended 22 CFR
    Part 42 effective April 23, 1979 to provide that aliens in Taiwan
    applying for immigrant visas shall be required to appear personally
    before a designated officer of the American Institute in Taiwan in
    connection with the execution of his immigrant visa application (44
    F.R. 28659; May 16, 1979).
    ---------------------------------------------------------------------------
              (7) The capacity of Taiwan to sue and be sued in
            courts in the United States, in accordance with the
            laws of the United States, shall not be abrogated,
            infringed, modified, denied, or otherwise affected in
            any way by the absence of diplomatic relations or
            recognition.
              (8) No requirement, whether expressed or implied,
            under the laws of the United States with respect to
            maintenance of diplomatic relations or recognition
            shall be applicable with respect to Taiwan.
        (c) For all purposes, including actions in any court in the
    United States, the Congress approves the continuation in force
    of all treaties and other international agreements, including
    multilateral conventions, entered into by the United States and
    the governing authorities on Taiwan recognized by the United
    States as the Republic of China prior to January 1, 1979, and
    in force between them on December 31, 1978, unless and until
    terminated in accordance with law.
        (d) Nothing in this Act may be construed as a basis for
    supporting the exclusion or expulsion of Taiwan from continued
    membership in any international financial institution of any
    other international organization.

                    overseas private investment corporation

        Sec. 5.\7\ (a) During the three-year period beginning on
    the date of enactment of this Act, the $1,000 per capita income
    restriction in clause (2) of the second undesignated paragraph
    of section 231 of the Foreign Assistance Act of 1961 shall not
    restrict the activities of the Overseas Private Investment
    Corporation in determining whether to provide any insurance,
    reinsurance, loans, or guaranties with respect to investment
    projects on Taiwan.
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 3304.
    ---------------------------------------------------------------------------
        (b) Except as provided in subsection (a) of this section,
    in issuing insurance, reinsurance, loans, or guaranties with
    respect to investment projects on Taiwan, the Overseas Private
    Insurance Corporation shall apply the same criteria as those
    applicable in other parts of the world.

                        the american institute of taiwan

        Sec. 6.\8\ (a) Programs, transactions, and other relations
    conducted or carried out by the President or any agency of the
    United States Government with respect to Taiwan shall, in the
    manner and to the extent directed by the President, be
    conducted and carried out by or through--
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 3305.
    ---------------------------------------------------------------------------
              (1) The American Institute in Taiwan, a nonprofit
            corporation incorporated under the laws of the District
            of Columbia, or
              (2) such comparable successor nongovernmental entity
            as the President may designate,
    (hereafter in this Act referred to as the ``Institute'').
        (b) Whenever the President or any agency of the United
    States Government is authorized or required by or pursuant to
    the laws of the United States to enter into, perform, enforce,
    or have in force an agreement or transaction relative to
    Taiwan, such agreement or transaction shall be entered into,
    performed, and enforced, in the manner and to the extent
    directed by the President, by or through the Institute.
        (c) To the extent that any law, rule, regulation, or
    ordinance of the District of Columbia, or of any State or
    political subdivision thereof in which the Institute is
    incorporated or doing business, impedes or otherwise interferes
    with the performance of the functions of the Institute pursuant
    to this Act, such law, rule, regulation, or ordinance shall be
    deemed to be preempted by this Act.

         services by the institute to united states citizens on taiwan

        Sec. 7.\9\ (a) The Institute may authorize any of its
    employees on Taiwan--
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 3306.
    ---------------------------------------------------------------------------
              (1) to administer to or take from any person on oath,
            affirmation, affidavit, or deposition, and to perform
            any notarial act which any notary public is required or
            authorized by law to perform within the United States;
              (2) to act as provisional conservator of the personal
            estates of deceased United States citizens; and
              (3) to assist and protect the interests of United
            States persons by performing other acts such as are
            authorized to be performed outside the United States
            for consular purposes by such laws of the United States
            as the President may specify.
        (b) Acts performed by authorized employees of the Institute
    under this section shall be valid, and of like force and effect
    within the United States, as if performed by any other person
    authorized under the laws of the United States to perform such
    acts.

                       tax exempt status of the institute

        Sec. 8.\10\ (a) The Institute, its property, and its income
    are exempt from all taxation now or hereafter imposed by the
    United States (except to the extent that section 11(a)(3) of
    this Act requires the imposition of taxes imposed under chapter
    21 of the Internal Revenue Code of 1986,\11\ relating to the
    Federal Insurance Contributions Act) or by any State or local
    taxing authority of the United States.
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 3307.
    ---------------------------------------------------------------------------
        (b) For purposes of the Internal Revenue Code of 1986,\11\
    the Institute shall be treated as an organization described in
    sections 170(b)(1)(A), 170(c), 2055(a), 2106(a)(2)(A), 2522(a),
    and 2522(b).
    ---------------------------------------------------------------------------
        \11\ Sec. 2 of the Tax Reform Act of 1986 (Public Law 99-514; 100
    Stat. 2095) struck out ``Internal Revenue Code of 1954'' and inserted
    in lieu thereof ``Internal Revenue Code of 1986'', wherever it is cited
    in any law.
    ---------------------------------------------------------------------------

      furnishing property and services to and obtaining services from the
                                   institute

        Sec. 9.\12\ (a) Any agency of the United States Government
    is authorized to sell, loan, or lease property (including
    interests therein) to, and to perform administrative and
    technical support functions and services for the operations of,
    the Institute upon such terms and conditions as the President
    may direct. Reimbursements to agencies under this subsection
    shall be credited to the current applicable appropriation of
    the agency concerned.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 3308.
    ---------------------------------------------------------------------------
        (b) Any agency of the United States Government is
    authorized to acquire and accept services from the Institute
    upon such terms and conditions as the President may direct.
    Whenever the President determines it to be in furtherance of
    the purposes of this Act, the procurement of services by such
    agencies from the Institute may be effected without regard to
    such laws of the United States normally applicable to the
    acquisition of services by such agencies as the President may
    specify by Executive order.
        (c) Any agency of the United States Government making funds
    available to the Institute in accordance with this Act shall
    make arrangements with the Institute for the Comptroller
    General of the United States to have access to the books and
    records of the Institute and the opportunity to audit the
    operations of the Institute.

                             taiwan instrumentality

        Sec. 10.\13\ (a) Whenever the President or any agency of
    the United States Government is authorized or required by or
    pursuant to the laws of the United States to render or provide
    to or to receive or accept from Taiwan, any performance,
    communication, assurance, undertaking, or other action, such
    action shall, in the manner and to the extent directed by the
    President, be rendered or provided to, or received or accepted
    from, an instrumentality established by Taiwan which the
    President determines has the necessary authority under the laws
    applied by the people on Taiwan to provide assurances and take
    other actions on behalf of Taiwan in accordance with this Act.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 3309.
    ---------------------------------------------------------------------------
        (b) The President is requested to extend to the
    instrumentality established by Taiwan the same number of
    offices and complement of personnel as were previously operated
    in the United States by the governing authorities on Taiwan
    recognized as the Republic of China prior to January 1, 1979.
        (c) Upon the granting by Taiwan of comparable privileges
    and immunities with respect to the Institute and its
    appropriate personnel, the President is authorized to extend
    with respect to the Taiwan instrumentality and its appropriate
    personnel, such privileges and immunities (subject to
    appropriate conditions and obligations) as may be necessary for
    the effective performance of their functions.

      separation of government personnel for employment with the institute

        Sec. 11.\14\ (a)(1) Under such terms and conditions as the
    President may direct, any agency of the United States
    Government may separate from Government service for a specified
    period any officer or employee of that agency who accepts
    employment with the Institute.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 3310.
    ---------------------------------------------------------------------------
        (2) An officer or employee separated by an agency under
    paragraph (1) of this subsection for employment with the
    Institute shall be entitled upon termination of such employment
    to reemployment or reinstatement with such agency (or a
    successor agency) in an appropriate position with the attendant
    rights, privileges, and benefits which the officer or employee
    would have had or acquired had he or she not been so separated,
    subject to such time period and other conditions as the
    President may prescribe.
        (3) An officer or employee entitled to reemployment or
    reinstatement rights under paragraph (2) of this subsection
    shall, while continuously employed by the Institute with no
    break in continuity of service, continue to participate in any
    benefit program in which such officer or employee was
    participating prior to employment by the Institute, including
    programs for compensation for job-related deaths, injury, or
    illness; programs for health and life insurance; programs for
    annual, sick, and other statutory leave; and programs for
    retirement under any system established by the laws of the
    United States; except that employment with the Institute shall
    be the basis for participation in such programs only to the
    extent that employee deductions and employer contributions, as
    required in payment for such participation for the period of
    employment with the Institute, are currently deposited in the
    program's or system's fund or depository. Death or retirement
    of any such officer or employee during approved service with
    the Institute and prior to reemployment or reinstatement shall
    be considered a death in or retirement from Government service
    for purposes of any employee or survivor benefits acquired by
    reason of service with any agency of the United States
    Government.
        (4) Any officer or employee of an agency of the United
    States Government who entered into service with the Institute
    on approved leave of absence without pay prior to the enactment
    of this Act shall receive the benefits of this section for the
    period of such service.
        (b) Any agency of the United States Government employing
    alien personnel on Taiwan may transfer such personnel, with
    accrued allowances, benefits, and rights, to the Institute
    without a break in service for purposes of retirement and other
    benefits, including continued participation in any system
    established by the laws of the United States for the retirement
    of employees in which the alien was participating prior to the
    transfer to the Institute, except that employment with the
    Institute shall be creditable for retirement purposes only to
    the extent that employee deductions and employer contributions,
    as required, in payment for such participation for the period
    of employment with the Institute, are currently deposited in
    the system's fund or depository.
        (c) Employees of the Institute shall not be employees of
    the United States and, in representing the Institute, shall be
    exempt from section 207 of title 18, United States Code.
        (d)(1) For purposes of sections 911 and 913 of the Internal
    Revenue Code of 1986,\11\ amounts paid by the Institute to its
    employees shall not be treated as earned income. Amounts
    received by employees of the Institute shall not be included in
    gross income, and shall be exempt from taxation, to the extent
    that they are equivalent to amounts received by civilian
    officers and employees of the Government of the United States
    as allowances and benefits which are exempt from taxation under
    section 912 of such Code.
        (2) Except to the extent required by subsection (a)(3) of
    this section, service performed in the employ of the Institute
    shall not constitute employment for purposes of chapter 21 of
    such Code and title II of the Social Security Act.

                             reporting requirement

        Sec. 12.\15\ (a) The Secretary of State shall transmit to
    the Congress the text of any agreement to which the Institute
    is a party. However, any such agreement the immediate public
    disclosure of which would, in the opinion of the President, be
    prejudicial to the national security of the United States shall
    not be so transmitted to the Congress but shall be transmitted
    to the Committee on Foreign Relations of the Senate and the
    Committee on Foreign Affairs \16\ of the House of
    Representatives under an appropriate injunction of secrecy to
    be removed only upon due notice from the President.
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 3311.
        \16\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
        (b) For purposes of subsection (a), the term ``agreement''
    includes--
              (1) any agreement entered into between the Institute
            and the governing authorities on Taiwan or the
            instrumentality established by Taiwan; and
              (2) any agreement entered into between the Institute
            and an agency of the United States Government.
        (c) Agreements and transactions made or to be made by or
    through the Institute shall be subject to the same
    congressional notification, review, and approval requirements
    and procedures as if such agreements and transactions were made
    by or through the agency of the United States Government on
    behalf of which the Institute is acting.
        (d) \17\ * * * [Repealed--1983]
    ---------------------------------------------------------------------------
        \17\ Sec. 1011(a)(3) of the Department of State Authorization Act,
    Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1061) repealed
    subsec. (d). Subsec. (d) had required a report from the Secretary of
    State to the Congress every 6 months until April 1981 regarding the
    economic relations between the United States and Taiwan.
    ---------------------------------------------------------------------------

                             rules and regulations

        Sec. 13.\18\ The President is authorized to prescribe such
    rules and regulations as he may deem appropriate to carry out
    the purposes of this Act. During the three-year period
    beginning on the effective date of this Act, such rules and
    regulations shall be transmitted promptly to the Speaker of the
    House of Representatives and to the Committee on Foreign
    Relations of the Senate. Such action shall not, however,
    relieve the Institute of the responsibilities placed upon it by
    this Act.
    ---------------------------------------------------------------------------
        \18\ 22 U.S.C. 3312.
    ---------------------------------------------------------------------------

                            congressional oversight

        Sec. 14.\19\ (a) The Committee on Foreign Affairs \16\ of
    the House of Representatives, the Committee on Foreign
    Relations of the Senate, and other appropriate committees of
    the Congress shall monitor--
    ---------------------------------------------------------------------------
        \19\ 22 U.S.C. 3313.
    ---------------------------------------------------------------------------
              (1) the implementation of the provisions of this Act;
              (2) the operation and procedures of the Institute;
              (3) the legal and technical aspects of the continuing
            relationship between the United States and Taiwan; and
              (4) the implementation of the policies of the United
            States concerning security and cooperation in East
            Asia.
        (b) Such committees shall report, as appropriate, to their
    respective Houses on the results of their monitoring.

                                  definitions

        Sec. 15.\20\ For purposes of this Act--
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 3314.
    ---------------------------------------------------------------------------
              (1) the term ``laws of the United States'' includes
            any statute, rule, regulation, ordinance, order, or
            judicial rule of decision of the United States or any
            political subdivision thereof; and
              (2) the term ``Taiwan'' includes, as the context may
            require, the islands of Taiwan and the Pescadores, the
            people on those islands, corporation and other entities
            and associations created or organized under the laws
            applied on those islands, and the governing authorities
            on Taiwan recognized by the United States as the
            Republic of China prior to January 1, 1979, and any
            successor governing authorities (including political
            subdivisions, agencies, and instrumentalities thereof).

                        authorization of appropriations

        Sec. 16.\21\ In addition to funds otherwise available to
    carry out the provisions of this Act, there are authorized to
    be appropriated to the Secretary of State for the fiscal year
    1980 such funds as may be necessary to carry out such
    provisions.\22\ Such funds are authorized to remain available
    until expended.
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 3315.
        \22\ The Department of State Appropriations Act, 1986 (title III of
    Public Law 99-180; 99 Stat. 1150) provided $9,800,000 for necessary
    expenses to carry out this Act during fiscal year 1986. The Department
    of State Appropriations Act, 1987 (title III of Public Law 99-591; 100
    Stat. 3341) provided $9,379,000 for fiscal year 1987. The Department of
    State Appropriations Act, 1988 (title III of Public Law 100-202; 101
    Stat. 1329) provided $11,000,000 for fiscal year 1988. The Department
    of State Appropriations Act, 1989 (title III of Public Law 100-459; 102
    Stat. 2205) provided $10,890,000 for fiscal year 1989. The Department
    of State Appropriations Act, 1990 (title III of Public Law 101-162; 103
    Stat. 1007) provided $11,300,000 for fiscal year 1990. The Department
    of State Appropriations Act, 1991 (title III of Public Law 101-515; 104
    Stat. 2126) provided $11,752,000 for fiscal year 1991. The Department
    of State and Related Agencies Appropriations Act, 1992 (title V of
    Public Law 102-140; 105 Stat. 818) provided $13,784,000 for fiscal year
    1992. The Department of State and Related Agencies Appropriations Act,
    1993 (title V of Public Law 102-395; 106 Stat. 1866) provided
    $15,543,000 for fiscal year 1993. The Department of State and Related
    Agencies Appropriations Act, 1994 (title V of Public Law 103-121; 107
    Stat. 1186) provided $15,165,000 for fiscal year 1994. The Department
    of State and Related Agencies Appropriations Act, 1995 (title V of
    Public Law 103-317; 108 Stat. 1762) provided $15,465,000 for fiscal
    year 1995. The Department of State and Related Agencies Appropriations
    Act, 1996 (title IV of sec. 101 of title I of Public Law 104-134; 110
    Stat. 1321-38) provided $15,165,000 for fiscal year 1996. The
    Department of State and Related Agencies Appropriations Act, 1997
    (title V of sec. 101(a) of title I of Public Law 104-208; 110 Stat.
    3009) provided $14,490,000 for fiscal year 1997. The Department of
    State and Related Agencies Appropriations Act, 1998 (title IV of Public
    Law 105-119; 111 Stat. 2496) provided $14,000,000 for fiscal year 1998.
    The Department of State and Related Agencies Appropriations Act, 1999
    (title IV of sec. 101(b) of Public Law 105-277; 112 Stat. 2681-95)
    provided $14,750,000 for fiscal year 1999. The Department of State and
    Related Agency Appropriations Act, 2000 (title IV of H.R. 3421, enacted
    by reference in sec. 1000(a)(1) of Public Law 106-113; 113 Stat. 1536)
    provided $15,375,000 for fiscal year 2000. The Department of State and
    Related Agency Appropriations Act, 2001 (title IV of H.R. 5548, enacted
    by reference in sec. 1(a)(2) of Public Law 106-553; 114 Stat. 2762A-92)
    provided $16,345,000 for fiscal year 2001. The Department of State and
    Related Agency Appropriations Act, 2002 (title IV of Public Law 107-77;
    115 Stat. 785) provided $17,044,000 for fiscal year 2002. The
    Department of State and Related Agency Appropriations Act, 2003 (title
    IV of division B of Public Law 108-7; 117 Stat. 88) provided
    $18,450,000 for fiscal year 2003. The Department of State and Related
    Agency Appropriations Act, 2004 (title IV of division B of Public Law
    108-199; 118 Stat. 82) provided $18,782,000 for fiscal year 2004. The
    Department of State and Related Agency Appropriations Act, 2005 (title
    IV of division B of Public Law 108-447; 118 Stat. 2898) provided
    $19,482,000 for fiscal year 2005. The Department of State and Related
    Agency Appropriations Act, 2006 (title IV of Public Law 109-108; 119
    Stat. 2322) provided $19,751,000 for fiscal year 2006.
    ---------------------------------------------------------------------------

                           severability of provisions

        Sec. 17.\23\ If any provision of this Act or the
    application thereof to any person or circumstance is held
    invalid, the remainder of the Act and the application of such
    provision to any other person or circumstance shall not be
    affected thereby.
    ---------------------------------------------------------------------------
        \23\ 22 U.S.C. 3316.
    ---------------------------------------------------------------------------

                                 effective date

        Sec. 18. This Act shall be effective as of January 1, 1979.
        b. Participation of Taiwan in the World Health Organization \1\

      Public Law 108-235 [S. 2092], 118 Stat. 656, approved June 14, 2004

       AN ACT To address the participation of Taiwan in the World Health
                                 Organization.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 290 note. Public Law 107-10 (115 Stat. 17), Public
    Law 107-158 (116 Stat. 121), Public Law 106-137 (113 Stat. 1691), and
    Public Law 108-28 (117 Stat. 769) also concern Taiwan's participation
    in the WHO. Sec. 1(c) of this Act made the one-time reporting
    requirements in these previous Acts permanent and recurring.
    ---------------------------------------------------------------------------

    SECTION 1. CONCERNING THE PARTICIPATION OF TAIWAN IN THE WORLD HEALTH
                        ORGANIZATION.

        (a) Findings.--Congress makes the following findings:
              (1) Good health is important to every citizen of the
            world and access to the highest standards of health
            information and services is necessary to improve the
            public health.
              (2) Direct and unobstructed participation in
            international health cooperation forums and programs is
            beneficial for all parts of the world, especially today
            with the great potential for the cross-border spread of
            various infectious diseases suchas the human
            immunodeficiency virus (HIV), tuberculosis, and
            malaria.
              (3) Taiwan's population of 23,500,000 people is
            greater than that of \3/4\ of the member states already
            in the World Health Organization (WHO).
              (4) Taiwan's achievements in the field of health are
            substantial, including--
                      (A) attaining--
                              (i) 1 \2\ of the highest life
                            expectancy levels in Asia; and
    ---------------------------------------------------------------------------
        \2\ As enrolled.
    ---------------------------------------------------------------------------
                              (ii) maternal and infant mortality
                            rates comparable to those of western
                            countries;
                      (B) eradicating such infectious diseases as
                    cholera, smallpox, the plague, and polio; and
                      (C) providing children with hepatitis B
                    vaccinations.
              (5) The United States Centers for Disease Control and
            Prevention and its counterpart agencies in Taiwan have
            enjoyed close collaboration on a wide range of public
            health issues.
              (6) In recent years Taiwan has expressed a
            willingness to assist financially and technically in
            international aid and health activities supported by
            the WHO.
              (7) On January 14, 2001, an earthquake, registering
            between 7.6 and 7.9 on the Richter scale, struck El
            Salvador. In response, the Taiwanese Government sent 2
            rescue teams, consisting of 90 individuals specializing
            in firefighting, medicine, and civil engineering. The
            Taiwanese Ministry of Foreign Affairs also donated
            $200,000 in relief aid to the Salvadoran Government.
              (8) The World Health Assembly has allowed observers
            to participate in the activities of the organization,
            including the Palestine Liberation Organization in
            1974, the Order of Malta, and the Holy See in the early
            1950's.
              (9) The United States, in the 1994 Taiwan Policy
            Review, declared its intention to support Taiwan's
            participation in appropriate international
            organizations.
              (10) Public Law 106-137 required the Secretary of
            State to submit a report to Congress on efforts by the
            executive branch to support Taiwan's participation in
            international organizations, in particular the WHO.
              (11) In light of all benefits that Taiwan's
            participation in the WHO can bring to the state of
            health not only in Taiwan, but also regionally and
            globally, Taiwan and its 23,500,000 people should have
            appropriate and meaningful participation in the WHO.
              (12) On May 11, 2001, President Bush stated in a
            letter to Senator Murkowski that the United States
            ``should find opportunities for Taiwan's voice to be
            heard in international organizations in order to make a
            contribution, even if membership is not possible'',
            further stating that the administration ``has focused
            on finding concrete ways for Taiwan to benefit and
            contribute to the WHO''.
              (13) In his speech made in the World Medical
            Association on May 14, 2002, Secretary of Health and
            Human Services Tommy Thompson announced ``America's
            work for a healthy world cuts across political lines.
            That is why my government supports Taiwan's efforts to
            gain observership status at the World Health Assembly.
            We know this is a controversial issue, but we do not
            shrink from taking a public stance on it. The people of
            Taiwan deserve the same level of public health as
            citizens of every nation on earth, and we support them
            in their efforts to achieve it''.
              (14) The Government of the Republic of China on
            Taiwan, in response to an appeal from the United
            Nations and the United States for resources to control
            the spread of HIV/AIDS, donated $1,000,000 to the
            Global Fund to Fight AIDS, Tuberculosis, and Malaria in
            December 2002.
              (15) In 2003, the outbreak of Severe Acute
            Respiratory Syndrome (SARS) caused 84 deaths in Taiwan.
              (16) Avian influenza, commonly known as bird flu, has
            reemerged in Asia, with strains of the influenza
            reported by the People's Republic of China, Cambodia,
            Indonesia, Japan, Pakistan, South Korea, Taiwan,
            Thailand, Vietnam, and Laos.
              (17) The SARS and avian influenza outbreaks
            illustrate that disease knows no boundaries and
            emphasize the importance of allowing all people access
            to the WHO.
              (18) As the pace of globalization quickens and the
            spread of infectious disease accelerates, it is crucial
            that all people, including the people of Taiwan, be
            given the opportunity to participate in international
            health organizations such as the WHO.
              (19) The Secretary of Health and Human Services
            acknowledged during the 2003 World Health Assembly
            meeting that ``[t]he need for effective public health
            exists among all peoples''.
        (b) Plan.--The Secretary of State is authorized to--
              (1) initiate a United States plan to endorse and
            obtain observer status for Taiwan at the annual week-
            long summit of the World Health Assembly each year in
            Geneva, Switzerland;
              (2) instruct the United States delegation to the
            World Health Assembly in Geneva to implement that plan;
            and
              (3) introduce a resolution in support of observer
            status for Taiwan at the summit of the World Health
            Assembly.
        (c) Report Concerning Observer Status for Taiwan at the
    Summit of the World Health Assembly.--Not later than 30 days
    after the date of the enactment of this Act, and not later than
    April 1 of each year thereafter, the Secretary of State shall
    submit a report to the Congress, in unclassified form,
    describing the United States plan to endorse and obtain
    observer status for Taiwan at the annual week-long summit of
    the World Health Assembly (WHA) held by the World Health
    Organization (WHO) in May of each year in Geneva, Switzerland.
    Each report shall include the following:
              (1) An account of the efforts the Secretary of State
            has made, following the last meeting of the World
            Health Assembly, to encourage WHO member states to
            promote Taiwan's bid to obtain observer status.
              (2) The steps the Secretary of State will take to
            endorse and obtain observer status at the next annual
            meeting of the World Health Assembly in Geneva,
            Switzerland.
           c. American Institute in Taiwan Facilities Enhancement Act

      Public Law 106-212 [H.R. 3707], 114 Stat. 332, approved May 26, 2000

    AN ACT To authorize funds for the construction of a facility in Taipei,
      Taiwan suitable for the mission of the American Institute in Taiwan.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``American Institute in Taiwan
    Facilities Enhancement Act''.

    SEC. 2. FINDINGS.

        The Congress finds that--
              (1) in the Taiwan Relations Act of 1979 (22 U.S.C.
            3301 et seq.), the Congress established the American
            Institute in Taiwan (hereafter in this Act referred to
            as ``AIT''), a nonprofit corporation incorporated in
            the District of Columbia, to carry out on behalf of the
            United States Government any and all programs,
            transactions, and other relations with Taiwan;
              (2) the Congress has recognized AIT for the
            successful role it has played in sustaining and
            enhancing United States relations with Taiwan;
              (3) the Taipei office of AIT is housed in buildings
            which were not originally designed for the important
            functions that AIT performs, whose location does not
            provide adequate security for its employees, and which,
            because they are almost 50 years old, have become
            increasingly expensive to maintain;
              (4) the aging state of the AIT office building in
            Taipei is neither conducive to the safety and welfare
            of AIT's American and local employees nor commensurate
            with the level of contact that exists between the
            United States and Taiwan;
              (5) AIT has made a good faith effort to set aside
            funds for the construction of a new office building,
            but these funds will be insufficient to construct a
            building that is large and secure enough to meet AIT's
            current and future needs; and
              (6) because the Congress established AIT and has a
            strong interest in United States relations with Taiwan,
            the Congress has a special responsibility to ensure
            that AIT's requirements for safe and appropriate office
            quarters are met.

    SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

        (a) Authorization of Appropriations.--There is authorized
    to be appropriated the sum of $75,000,000 to AIT--
              (1) for plans for a new facility and, if necessary,
            residences or other structures located in close
            physical proximity to such facility, in Taipei, Taiwan,
            for AIT to carry out its purposes under the Taiwan
            Relations Act; and
              (2) for acquisition by purchase or construction of
            such facility, residences, or other structures.
        (b) Limitations.--Funds appropriated pursuant to subsection
    (a) may only be used if the new facility described in that
    subsection meets all requirements applicable to the security of
    United States diplomatic facilities, including the requirements
    in the Omnibus Diplomatic Security and Anti-Terrorism Act of
    1986 (22 U.S.C. 4801 et seq.) and the Secure Embassy
    Construction and Counterterrorism Act of 1999 (as enacted by
    section 1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-451),
    except for those requirements which the Director of AIT
    certifies to the Committee on International Relations of the
    House of Representatives and the Committee on Foreign Relations
    of the Senate are not applicable on account of the special
    status of AIT. In making such certification, the Director shall
    also certify that security considerations permit the exercise
    of the waiver of such requirements.
        (c) Availability of Funds.--Amounts appropriated pursuant
    to subsection (a) are authorized to remain available until
    expended.
         d. Maintaining Unofficial Relations With the People of Taiwan

     Executive Order 13014, 61 F.R. 42963, August 15, 1996, 22 U.S.C. 3301
                                      note

        In light of the recognition of the People's Republic of
    China by the United States of America as the sole legal
    government of China, and by the authority vested in me as
    President of the United States of America by the Taiwan
    Relations Act (Public Law 96-8, 22 U.S.C. 3301 et seq.)
    (``Act''), and section 301 of title 3, United States Code, in
    order to facilitate the maintenance of commercial, cultural,
    and other relations between the people of the United States and
    the people on Taiwan without official representation or
    diplomatic relations, it is hereby ordered as follows:

    Section 1. Delegation and Reservation of Functions.

        1-101. Exclusive of the functions otherwise delegated, or
    reserved to the President by this order, there are delegated to
    the Secretary of State (``Secretary'') all functions conferred
    upon the President by the Act, including the authority under
    section 7(a) of the Act to specify which laws of the United
    states relative to the provision of consular services may be
    administered by employees of the American Institute on Taiwan
    (``Institute''). In carrying out these functions, the Secretary
    may redelegated his authority, and shall consult with other
    departments and agencies as he deems appropriate.
        1-102. There are delegated to the Director of the Office of
    Personnel Management the functions conferred upon the President
    by paragraphs (1) and (2) of section 11(a) of the Act. These
    functions shall be exercised in consultation with the
    Secretary.
        1-103. There are reserved to the President the functions
    conferred upon the President by section 3, the second sentence
    of section 9(b), and the determination specified in section
    10(a) of the Act.

    Sec. 2. Specification of Laws and Determinations.

        2-201. Pursuant to section 9(b) of the Act, and in
    furtherance of the purposes of the Act, the procurement of
    services may be effected by the Institute without regard to the
    following provisions of law and limitations of authority as
    they may be amended from time to time:
              (a) Sections 1301(d) and 1341 of title 31, United
            States Code, and section 3732 of the Revised Statutes
            (41 U.S.C. 11) to the extent necessary to permit the
            indemnification of contractors against unusually
            hazardous risks, as defined in Institute contracts,
            consistent, to the extent practicable, with section
            52.228-7 of the Federal Acquisition Regulations;
              (b) Section 3324 of title 31, United States Code;
              (c) Sections 3709, 3710, and 3735 of the Revised
            Statutes, as amended (41 U.S.C. 5, 8, and 13);
              (d) Section 2 of title III of the Act of March 3,
            1933 (41 U.S.C. 10a);
              (e) Title III of the Federal Property and
            Administrative Services Act of 1949, as amended (41
            U.S.C. 251-260);
              (f) The Contract Disputes Act of 1978, as amended (41
            U.S.C. 601-613);
              (g) Chapter 137 of title 10, United States Code (10
            U.S.C. 2301-2316);
              (h) The Act of May 11, 1954 (the ``Anti-Wunderlich
            Act'') (41 U.S.C. 321, 322); and
              (i) Section (f) of 41 U.S.C. 423.
        2-202. (a) With respect to cost-type contracts with the
    Institute under which no fee is charged or paid, amendments and
    modifications of such contracts may be made with or without
    consideration and may be utilized to accomplish the same things
    as any original contract could have accomplished, irrespective
    of the time or circumstances of the making, or the form of the
    contract amended or modified, or of the amending or modifying
    contract and irrespective of rights that may have accrued under
    the contractor, the amendments or modifications thereof.
        (b) With respect to contracts heretofore or hereafter made
    under the Act, other than those described in subsection (a) of
    this section, amendments and modifications of such contracts
    may be made with or without consideration and may be utilized
    to accomplish the same things as any original contract could
    have accomplished, irrespective of the time or circumstances of
    the making, or the form of the contract amended or modified, or
    of the amending or modifying contract, and irrespective of
    rights that may have accrued under the contract or the
    amendments or modifications thereof, if the Secretary
    determines in each case that such action is necessary to
    protect the foreign policy interests of the United States.
        2-203. Pursuant to section 10(a) of the Act, the Taipei
    Economic and Cultural Representative Office of the United
    States (``TECRO''), formerly the Coordination Council for North
    American Affairs (``CCNAA''), is determined to be the
    instrumentality established by the people on Taiwan having the
    necessary authority under the laws applied by the people on
    Taiwan to provide assurances and take other actions on behalf
    of Taiwan in accordance with the Act. Nothing contained in this
    determination or order shall affect, or be construed to affect,
    the continued validity of agreements, contracts, or other
    undertakings, of whatever kind or nature, entered into
    previously by CCNAA.

    Sec. 3. President's Memorandum of December 30, 1978.

        3-301. Agreements and arrangements referred to in paragraph
    (B) of President Carter's memorandum of December 30, 1978,
    entitled ``Relations With the People on Taiwan'' (44 F.R. 1075)
    shall, unless otherwise terminated or modified in accordance
    with law, continue in force and be performed in accordance with
    the Act and this order.

    Sec. 4. General. This order supersedes Executive Order No. 12143 of
            June 22, 1979.\1\

    ---------------------------------------------------------------------------
        \1\ 44 F.R. 37191 (June 28, 1979).
                                9. Panama Canal

                        a. Panama Canal Act of 1979 \1\

      Partial text of Public Law 96-70 [H.R. 111], 93 Stat. 452, approved
      September 27, 1979; as amended by Public Law 98-217 [H.R. 3969], 98
    Stat. 9, approved February 14, 1984; Public Law 98-600 [H.R. 6101], 98
    Stat. 3145, approved October 30, 1984; Public Law 99-195 [H.R. 664], 99
    Stat. 1349, approved December 23, 1985; Public Law 99-209 [Panama Canal
    Amendments Act of 1985, H.R. 729], 99 Stat. 1716, approved December 23,
      1985; Public Law 99-223 [Panama Canal Commission Authorization Act,
      Fiscal Year 1986; H.R. 1784], 99 Stat. 1738, approved December 28,
      1985; Public Law 99-368 [Panama Canal Commission Authorization Act,
     Fiscal Year 1987; H.R. 4409], 100 Stat. 775, approved August 1, 1986;
      Public Law 100-203 [Omnibus Budget Reconciliation Act of 1987, H.R.
     3545], 101 Stat. 1330, approved December 22, 1987; Public Law 100-705
    [Panama Canal Commission Compensation Fund Act of 1988, H.R. 5287], 102
     Stat. 4685, approved November 19, 1988; Public Law 101-510 [National
     Defense Authorization Act for Fiscal Year 1991, H.R. 4739], 104 Stat.
     1485, approved November 5, 1990; Public Law 102-484 [National Defense
      Authorization Act for Fiscal Year 1993, H.R. 5006], 106 Stat. 2315,
        approved October 23, 1992; Public Law 103-160 [National Defense
      Authorization Act for Fiscal Year 1994, H.R. 2401], 107 Stat. 1547,
        approved November 30, 1993; Public Law 103-416 [Immigration and
      Nationality Technical Corrections Act of 1994; H.R. 783], 108 Stat.
     4305, approved October 25, 1994; Public Law 103-337 [National Defense
       Authorization Act for Fiscal Year 1995; S. 2182], 108 Stat. 2663,
         approved October 5, 1994; Public Law 103-416 [Immigration and
        Nationality Corrections Act of 1994; H.R. 783], 108 Stat. 4305,
         approved October 25, 1994; Public Law 104-66 [Federal Reports
     Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707, approved
       December 21, 1995; Public Law 104-99 [Foreign Operations, Export
     Financing, and Related Programs Appropriations Act, 1996, H.R. 1868,
    enacted by reference in sec. 301 of Public Law 104-99; H.R. 2880], 110
     Stat. 26, approved January 26, 1996, enacted again as Public Law 104-
    107 [H.R. 1868], 110 Stat. 755, approved February 12, 1996; Public Law
     104-106 [National Defense Authorization Act for Fiscal Year 1996; S.
     1124], 110 Stat. 186, approved February 10, 1996; Public Law 104-201
     [National Defense Authorization Act for Fiscal Year 1997; H.R. 3230],
        110 Stat. 2422, approved September 23, 1996; Public Law 105-85
     [National Defense Authorization Act for Fiscal Year 1998; H.R. 1119],
     111 Stat. 1629, approved November 18, 1997; Public Law 105-261 [Strom
    Thurmond National Defense Authorization Act for Fiscal Year 1999; H.R.
      3616], 112 Stat. 1920, approved October 17, 1998; Public Law 106-65
    [National Defense Authorization Act for Fiscal Year 2000; S. 1059], 113
    Stat. 512, approved October 5, 1999; and Public Law 108-309 [H.J. Res.
               107], 118 Stat. 1137, approved September 30, 2004
    ---------------------------------------------------------------------------

        \1\ For text of the Panama Canal Treaty, the document that this
    legislation implemented, see Legislation on Foreign Relations Through
    2005, vol. V, sec. G.
        Sec. 3504(b) of the Panama Canal Commission Authorization Act for
    Fiscal Year 2000 (title XXXV of Public Law 106-65; 113 Stat. 975)
    provided the following:
        ``(b) Operation of the Office of Transition Administration.--
    ---------------------------------------------------------------------------

      ``(1) In general.--The Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.)
    shall continue to govern the Office of Transition Administration until
    October 1, 2004.

      ``(2) Procurement.--For purposes of exercising authority under the
    procurement laws of the United States, the director of the Office of
    Transition Administration shall have the status of the head of an agency.

      ``(3) Offices.--The Office of Transition Administration shall have
    offices in the Republic of Panama and in the District of Columbia. Section
    1110(b)(1) of the Panama Canal Act of 1973 (22 U.S.C. 3620(b)(1)) does not
    apply to such office in the Republic of Panama.

      ``(4) Office of transition administration defined.--In this subsection
    the term `Office of Transition Administration' means the office established
    under section 1305 of the Panama Canal Act of 1979 (22 U.S.C. 3714a) to
    close out the affairs of the Panama Canal Commission.

      ``(5) Effective date.--This subsection shall be effective on and after
    the termination of the Panama Canal Treaty of 1977.''.

    AN ACT To provide for the operation and maintenance of the Panama Canal
            under the Panama Treaty of 1977, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

                                  short title

        Section 1. This Act may be cited as the ``Panama Canal Act
    of 1979''.
    ---------------------------------------------------------------------------
        \2\ Sec. 3548(d) of Public Law 104-201 (110 Stat. 2869) made
    numerous changes to the table of contents, to reflect amendments to the
    text of the Act. Secs. 3522(b), 3524(b), and 3526(b) of Public Law 104-
    106 (110 Stat. 638, 640, 641) also amended the table of contents.
    ---------------------------------------------------------------------------

                              TABLE OF CONTENTS \2\

                                                                        Page

    Sec. 1. Short title...............................................   738
    Sec. 2. Statement of purpose......................................   740
    Sec. 3. Definitions...............................................   740

                     TITLE I--ADMINISTRATION AND REGULATIONS

                       Chapter 1--Panama Canal Commission

    Sec. 1101. Establishment, Purposes, Offices, and Residence of
        Commission....................................................   742
    Sec. 1102. Supervisory Board......................................   742
    Sec. 1102a. General powers of Commission..........................   744
    Sec. 1102b. Specific powers of Commission.........................   745
    Sec. 1103. Administrator..........................................   746
    Sec. 1104. Deputy Administrator...................................   747
    Sec. 1105. Consultative Committee.................................   747
    Sec. 1106. Joint Commission on the Environment....................   747
    Sec. 1107. Travel expenses........................................   748
    Sec. 1108. Defense of the Panama Canal............................   748
    Sec. 1109. Joint Sea Level Canal Study Committee..................   749
    Sec. 1110. Authority of the Ambassador............................   749
    Sec. 1111. Security legislation...................................   750
    Sec. 1112. Code of Conduct for Commission personnel...............   750
    Sec. 1113. Office of Ombudsman....................................   751

                              Chapter 2--Employees

                 Subchapter I--Panama Canal Commission Personnel

    Sec. 1201. Definitions............................................   752
    Sec. 1202. Appointment and compensation; duties...................   752
    Sec. 1203. Transfer of Federal employees..........................   753
    Sec. 1204. Compensation of individuals in the uniformed services..   753
    Sec. 1205. Deduction from basic pay of amounts due for supplies or
        services......................................................   754
    Sec. 1208. Privileges and immunities of certain employees.........   754
    Sec. 1209. Applicability of certain benefits......................   754

                  Subchapter II--Wage and Employment Practices

    Sec. 1210. Air transportation.....................................   755
    Sec. 1211. Definitions............................................   755
    Sec. 1212. Panama Canal Employment System; merit and other
        employment requirements.......................................   755
    Sec. 1213. Employment standards...................................   756
    Sec. 1216. Uniform application of standards and rates.............   757
    Sec. 1217. Recruitment and retention remuneration.................   757
    Sec. 1217a. Quarters allowances...................................   758
    Sec. 1218. Benefits based on basic pay............................   759
    Sec. 1220. Review and adjustment of classifications, grades, and
        pay level.....................................................   760
    Sec. 1221. Panama Canal Board of Appeals; duties..................   760
    Sec. 1222. Appeals to Board; procedure; finality of decisions.....   760
    Sec. 1224. Applicability of title 5, United States Code...........   761

             Subchapter III--Conditions of Employment and Placement

    Sec. 1231. Transferred on reemployed employees....................   761
    Sec. 1232. Placement..............................................   764
    Sec. 1233. Transition separation incentive payments...............   764

                            Subchapter IV--Retirement

    Sec. 1241. Early retirement eligibility...........................   766
    Sec. 1242. Early retirement computation...........................   766
    Sec. 1243. Retirement under special treaty provisions.............   766
    Sec. 1244. Obligation of Commission for unfunded liability........   768
    Sec. 1245. Administration of certain disability benefits..........   768

                               Subchapter V--Leave

                 Subchapter VI--Application to Related Personnel

    Sec. 1261. Law enforcement; Canal Zone Civilian Personnel Policy
        Coordinating Board; related employees.........................   770

                   Subchapter VII--Labor-Management Relations

    Sec. 1271. Labor-management relations.............................   770

                          Chapter 3--Funds and Accounts

                               Subchapter I--Funds

    Sec. 1302. Panama Canal Revolving Fund............................   772
    Sec. 1303. Emergency authority....................................   774
    Sec. 1304. Borrowing authority....................................   775
    Sec. 1305. Dissolution of Commission..............................   775
    Sec. 1306. Printing...............................................   776

                  Subchapter II--Accounting Policies and Audits

    Sec. 1311. Accounting policies....................................   777
    Sec. 1313. Audits.................................................   777

                      Subchapter III--Interagency Accounts

    Sec. 1321. Interagency services; reimbursements...................   779

                          Subchapter IV--Postal Matters

    Sec. 1331. Postal service.........................................   780

               Subchapter V--Accounts With the Republic of Panama

    Sec. 1341. Payment to the Republic of Panama......................   781
    Sec. 1342. Transactions with the Republic of Panama...............   782
    Sec. 1343. Disaster relief........................................   782
    Sec. 1344. Congressional restraints on property transfers and
        expenditures..................................................   783

              Chapter 4--Claims for Injuries to Persons or Property

                        Subchapter I--General Provisions

    Sec. 1401. Settlement of claims generally.........................   784

                          Subchapter II--Vessel Damage

    Sec. 1411. Injuries in locks of Canal.............................   784
    Sec. 1412. Injuries outside locks.................................   785
    Sec. 1413. Measures of damages generally..........................   786
    Sec. 1414. Delays for which no responsibility is assumed..........   787
    Sec. 1415. Settlement of claims...................................   787
    Sec. 1416. Actions on claims......................................   787
    Sec. 1417. Investigation of accident or injury giving rise to
        claim.........................................................   788
    Sec. 1418. Board of Local Inspectors..............................   788
    Sec. 1419. Insurance..............................................   789

                           Chapter 5--Public Property

    Sec. 1501. Assets and liabilities of Panama Canal Company.........   789
    Sec. 1502. Transfers and cross-servicing between agencies.........   789
    Sec. 1503. Disposition of property of the United States...........   790
    Sec. 1504. Transfer of property to Panama.........................   790

                  Chapter 6--Tolls for Use of the Panama Canal

    Sec. 1601. Prescription of measurement rules and rates of tolls...   791
    Sec. 1602. Bases of tolls.........................................   791
    Sec. 1603. Calculation of interest................................   792
    Sec. 1604. Procedures.............................................   793

                         Chapter 7--General Regulations

                       Chapter 8--Shipping and Navigation

                        Subchapter I--Operation of Canal

    Sec. 1801. Operating regulations..................................   794

                      Subchapter II--Inspection of Vessels

    Sec. 1811. Vessels subject to inspection..........................   795
    Sec. 1812. Foreign vessels........................................   795
    Sec. 1813. Regulations governing inspection.......................   795

                          TITLE III--GENERAL PROVISIONS

                             Chapter 1--Procurement

    Sec. 3101. Procurement system.....................................   795
    Sec. 3102. Panama Canal board of contract appeals.................   796

                             Chapter 2--Immigration

    Sec. 3201. Special immigrants.....................................   798

      Chapter 3--Reports; Amendments; Repeals and Redesignation; Effective
                                      Date

    Sec. 3301. Report.................................................   798
    Sec. 3302. Exemption from Metric Conversion Act of 1975...........   798
    Sec. 3303. Repeals and redesignation..............................   798
    Sec. 3304. Effective date.........................................   798

                              statement of purpose

        Sec. 2.\3\ It is the purpose of this Act to provide
    legislation necessary or desirable for the implementation of
    the Panama Canal Treaty of 1977 between the United States of
    America and the Republic of Panama and of the related
    agreements accompanying that Treaty.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 3601.
    ---------------------------------------------------------------------------

                                definitions \4\

        Sec. 3.\5\ (a) For purposes of this Act--
    ---------------------------------------------------------------------------
        \4\ Sec. 3548(c)(1) of Public Law 104-201 (110 Stat. 2869) struck
    out ``definitions and recommendation for legislation'' and inserted in
    lieu thereof ``definitions''.
        \5\ 22 U.S.C. 3602.
    ---------------------------------------------------------------------------
              (1) references to the Panama Canal Treaty of 1977
            refer to the Panama Canal Treaty between the United
            States of America and the Republic of Panama, signed
            September 7, 1977; and
              (2) references to the Panama Canal Treaty of 1977 and
            related agreements refer to the Panama Canal Treaty of
            1977, the agreements relating to and implementing that
            Treaty, signed September 7, 1977; and the Agreement
            Between the United States of America and the Republic
            of Panama Concerning Air Traffic Control and Related
            Services, concluded January 8, 1979.
        (b) Subject to the provisions of subsection (c) of this
    section, for purposes of applying laws of the United States and
    regulations issued pursuant to such laws \6\ with respect to
    transactions, occurrences, or status on or after October 1,
    1979-- \7\
    ---------------------------------------------------------------------------
        \6\ Sec. 3550(d)(1) of the Panama Canal Transition Facilitation Act
    of 1997 (subtitle B of title XXXV of Public Law 105-85; 111 Stat. 2074)
    struck out ``the Canal Zone Code or other laws of the United States and
    regulations issued pursuant to such Code or other laws'' and inserted
    in lieu thereof ``laws of the United States and regulations issued
    pursuant to such laws''.
        \7\ Sec. 3550(d)(2)(A) of Public Law 105-85 (111 Stat. 2074) struck
    out ``the effective date of this Act'' and inserted in lieu thereof
    ``October 1, 1979''.
    ---------------------------------------------------------------------------
              (1) ``Canal Zone'' shall be deemed to refer to the
            areas and installations in the Republic of Panama made
            available to the United States pursuant to the Panama
            Canal Treaty of 1977 and related agreements;
              (2) ``Canal Zone waters'' and ``waters of the Canal
            Zone'' shall be deemed to refer to ``Panama Canal
            waters'' and ``waters of the Panama Canal'',
            respectively;
              (3) ``Government of the Canal Zone'' or ``Canal Zone
            Government'' shall be deemed to refer to the United
            States of America;
              (4) ``Governor of the Canal Zone'' or ``Governor'',
            wherever the reference is to the Governor of the Canal
            Zone, shall be deemed to refer to the Panama Canal
            Commission; and \8\
    ---------------------------------------------------------------------------
        \8\ Sec. 3522(1) of Public Law 104-201 (110 Stat. 2860) inserted
    ``and'' after the semicolon at the end of para. (4), struck the
    semicolon at the end of para. (5) and inserted a period, and struck
    paras. (6) and (7), which had read as follows:
    ---------------------------------------------------------------------------

      ``(6) in chapter 57 of title 5 of the Canal Zone, `hospitals' and `health
    Bureau' shall be deemed to refer, respectively, to the hospitals operated
    by the United States in the Republic of Panama, and to the organizational
    unit operating such hospitals; and

      ``(7) in chapter 57 of title 5 of the Canal Zone Code, in section 4784 of
    title 6 of such Code, and in section 2 of title 7 of such Code, `health
    director' shall be deemed to refer to the senior official in charge of the
    hospitals operated by the United States in the Republic of Panama.''.

              (5) ``Panama Canal Company'' or ``Company'', wherever
            the reference is to the Panama Canal Company, shall be
            deemed to refer to the Panama Canal Commission.\8\
        (c) Any reference set forth in subsection (b) of this
    section shall apply except as otherwise provided in this Act or
    unless (1) such reference is inconsistent with the provisions
    of this Act, (2) in the context in which a term is used such
    reference is clearly not intended, or (3) a term refers to a
    time before October 1, 1979.\9\
    ---------------------------------------------------------------------------
        \9\ Sec. 3550(d)(2)(A) of Public Law 105-85 (111 Stat. 2074) struck
    out ``the effective date of this Act'' and inserted in lieu thereof
    ``October 1, 1979''.
    ---------------------------------------------------------------------------
        (d) \10\ For purposes of this Act:
    ---------------------------------------------------------------------------
        \10\ Sec. 3512 of Public Law 105-85 (111 Stat. 2063) added the
    current subsec. (d). Previously, sec. 3522(2) of Public Law 104-201
    (110 Stat. 2860) struck out an earlier subsec. (d), which formerly read
    as follows:
        ``(d) The President shall, within two years after the Panama Canal
    Treaty of 1977 enters into force, submit to the Congress a request for
    legislation which would--
    ---------------------------------------------------------------------------

      ``(1) amend or repeal provisions of law which in their present form are
    applicable only during the transition period prescribed in Article XI of
    that Treaty.

      ``(2) repeal the Canal Zone Code, and

      ``(3) contain provisions considered necessary and appropriate in light of
    the experience as of that time under that Treaty.''.

              (1) The term ``Canal Transfer Date'' means December
            31, 1999, such date being the date specified in the
            Panama Canal Treaty of 1977 for the transfer of the
            Panama Canal from the United States of America to the
            Republic of Panama.
              (2) The term ``Panama Canal Authority'' means the
            entity created by the Republic of Panama to succeed the
            Panama Canal Commission as of the Canal Transfer Date.

                    TITLE I--ADMINISTRATION AND REGULATIONS

                       Chapter 1--Panama Canal Commission

         establishment, purposes, offices, and residence of commission

        Sec. 1101.\11\ (a) For the purposes of managing, operating,
    and maintaining the Panama Canal and its complementary works,
    installations and equipment, and of conducting operations
    incident thereto, in accordance with the Panama Canal Treaty of
    1977 and related agreements, the Panama Canal Commission
    (hereinafter in this Act referred to as the ``Commission'') is
    established as a wholly owned government corporation (as that
    term is used in chapter 91 of title 31, United States Code)
    within the executive branch of the Government of the United
    States. The authority of the President with respect to the
    Commission shall be exercised through the Secretary of Defense.
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 3611. Sec. 3522(a) of Public Law 104-106 (110 Stat.
    638) amended and restated sec. 1101.
    ---------------------------------------------------------------------------
        (b) The principal office of the Commission shall be located
    in the Republic of Panama in one of the areas made available
    for use of the United States under the Panama Canal Treaty of
    1977 and related agreements, but the Commission may establish
    branch offices in such other places as it considers necessary
    or appropriate for the conduct of its business. Within the
    meaning of the laws of the United States relating to venue in
    civil actions, the Commission is an inhabitant and resident of
    the District of Columbia and the eastern judicial district of
    Louisiana.

                               supervisory board

        Sec. 1102.\12\ (a) \13\ The Commission shall be supervised
    by a Board composed of nine members, one of whom shall be an
    officer of the Department of Defense. The officer of the
    Department of Defense who shall serve on the Board shall be
    designated by the Secretary of Defense and may continue to
    serve on the Board only while continuing to serve as an officer
    of the Department of Defense.\14\ Not less than five members of
    the Board shall be nationals of the United States and the
    remaining members of the Board shall be nationals of the
    Republic of Panama. Three members of the Board who are
    nationals of the United States shall hold no other office in,
    and shall not be employed by, the Government of the United
    States, and shall be chosen for the independent perspective
    they can bring to the Commission's affairs. Members of the
    Board who are nationals of the United States shall cast their
    votes as directed by the officer of the Department of Defense
    designated by the Secretary of Defense to be a member of the
    Board.\15\
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 3612.
        \13\ Sec. 3523 of Public Law 104-106 (110 Stat. 638) amended and
    restated sec. 1102(a).
        \14\ Sec. 3511(a)(1) of the Panama Canal Commission Authorization
    Act for Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat.
    2270) struck out ``The Commission shall be supervised by a Board
    composed of nine members, one of whom shall be the Secretary of Defense
    or an officer of the Department of Defense designated by the
    Secretary.'' and inserted in lieu thereof ``The Commission shall be
    supervised by a Board composed of nine members, one of whom shall be an
    officer of the Department of Defense. The officer of the Department of
    Defense who shall serve on the Board shall be designated by the
    Secretary of Defense and may continue to serve on the Board only while
    continuing to serve as an officer of the Department of Defense.''.
        \15\ Sec. 3511(a)(2) of Public Law 105-261 (112 Stat. 2270) struck
    out ``Secretary of Defense or a designee of the Secretary of Defense''
    and inserted in lieu thereof ``the officer of the Department of Defense
    designated by the Secretary of Defense to be a member of the Board''.
    ---------------------------------------------------------------------------
        (b) The President shall appoint the members of the Board.
    The members of the Board who are United States nationals shall
    be appointed by and with the advice and consent of the Senate.
    Each member of the Board shall hold office at the pleasure of
    the President and, before assuming the duties of such office,
    shall take an oath to discharge faithfully the duties of his
    office. Members of the Board shall serve without compensation
    but shall be allowed travel or transportation expenses,
    including per diem in lieu of subsistence, in accordance with
    section 1107 of this Act, except that, in addition to such
    travel or transportation expenses, members of the Board who
    hold no other office with either the Government of the United
    States or the Republic of Panama for which they receive pay are
    authorized to be compensated at the daily equivalent of the
    annual rate of basic pay in effect for level V of the Executive
    Schedule under section 5316 \16\ of title 5, United States
    Code, for each day during which they are traveling to or from
    or attending meetings of the Board as provided in subsection
    (c) of this section \17\ or, as authorized by the Chairman of
    the Board, while on official Panama Canal Commission
    business.\18\
    ---------------------------------------------------------------------------
        \16\ Sec. 3504 of Public Law 101-510 (104 Stat. 1846) struck out
    ``grade GS-18 of the General Schedule under section 5332'' and inserted
    in lieu thereof ``level V of the Executive Schedule under section
    5316''.
        Schedule 5 of Executive Order 13368 (70 F.R. 1147; January 5, 2005)
    set the rate of pay for level V of the Executive Schedule at $131,400
    per annum.
        \17\ Sec. 6 of the Panama Canal Commission Authorization Act,
    Fiscal Year 1986 (Public Law 99-223; 99 Stat. 1740) added the language
    in this subsection beginning with ``, except that, in addition to such
    travel'' and ending with ``in subsection (c) of this section''. See
    previous note for a subsequent partial amendment to this language.
        \18\ Sec. 5416 of title V of the Omnibus Budget Reconciliation Act
    of 1987 (Public Law 100-203; 101 Stat. 1330-270) added ``or, as
    authorized by the Chairman of the Board, while on official Panama Canal
    Commission business.''
    ---------------------------------------------------------------------------
        (c) The Board shall hold meetings as provided in
    regulations adopted by the Commission and approved by the
    Secretary of Defense. A quorum for the transaction of business
    shall consist of a majority of the Board members of which a
    majority of those present are nationals of the United States.
    The Secretary of Defense, or the officer of the Department of
    Defense designated by the Secretary under subsection (a) of
    this section, may act by proxy for any other member of the
    Board if that other member authorizes the proxy in writing and
    signs the proxy.\19\ The proxy may be counted to establish a
    quorum and may be used by the Secretary of Defense, or the
    officer of the Department of Defense designated by the
    Secretary under subsection (a) of this section, to cast the
    vote of the absent Board member and to act for that member with
    all the powers that member would possess if present.\20\
    ---------------------------------------------------------------------------
        \19\ Sec. 7 of Public Law 100-705 (102 Stat. 4686) struck out at
    this point the sentence: ``Only one proxy may be valid at any one
    time.''.
        \20\ Public Law 98-217 (98 Stat. 9) added the third, fourth, and
    fifth sentences of subsec. (c). Sec. 7 of Public Law 100-705 (102 Stat.
    4686) struck out the fourth sentence. See previous note.
    ---------------------------------------------------------------------------

                          general powers of commission

        Sec. 1102a.\21\ (a) The Commission may adopt, alter, and
    use a corporate seal, which shall be judicially noticed.
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 3612a. Sec. 3524(a) of Public Law 104-106 (110 Stat.
    639) added secs. 1102a and 1102b.
    ---------------------------------------------------------------------------
        (b) The Commission may by action of the Board of Directors
    adopt, amend, and repeal bylaws governing the conduct of its
    general business and the performance of the powers and duties
    granted to or imposed upon it by law.
        (c) The Commission may sue and be sued in its corporate
    name, except that--
              (1) the amenability of the Commission to suit is
            limited by Article VIII of the Panama Canal Treaty of
            1977, section 1401 of this Act, and otherwise by law;
              (2) an attachment, garnishment, or similar process
            may not be issued against salaries or other moneys owed
            by the Commission to its employees except as provided
            by section 5520a of title 5, United States Code, and
            sections 459, 461, and 462 of the Social Security Act
            (42 U.S.C. 659, 661, 662), or as otherwise specifically
            authorized by the laws of the United States; and
              (3) the Commission is exempt from the payment of
            interest on claims and judgments.
        (d) The Commission may enter into contracts, leases,
    agreements, or other transactions.
        (e) The Commission--
              (1) may determine the character of, and necessity
            for, its obligations and expenditures and the manner in
            which they shall be incurred, allowed, and paid; and
              (2) may incur, allow, and pay its obligations and
            expenditures, subject to pertinent provisions of law
            generally applicable to Government corporations.
        (f) The Commission shall have the priority of the
    Government of the United States in the payment of debts out of
    bankrupt estates.
        (g) \22\ (1) The Commission may appoint any United States
    citizen to have the general powers of a notary public to
    perform, on behalf of Commission employees and their dependents
    outside the United States, any notarial act that a notary
    public is required or authorized to perform within the United
    States. Unless an earlier expiration is provided by the terms
    of the appointment, any such appointment shall expire three
    months after the Canal Transfer Date.
    ---------------------------------------------------------------------------
        \22\ Sec. 3546 of Public Law 105-85 (111 Stat. 2073) redesignated
    subsec. (g) as subsec. (h), and added a new subsec. (g).
    ---------------------------------------------------------------------------
        (2) Every notarial act performed by a person acting as a
    notary under paragraph (1) shall be as valid, and of like force
    and effect within the United States, as if executed by or
    before a duly authorized and competent notary public in the
    United States.
        (3) The signature of any person acting as a notary under
    paragraph (1), when it appears with the title of that person's
    office, is prima facie evidence that the signature is genuine,
    that the person holds the designated title, and that the person
    is authorized to perform a notarial act.
        (h) \22\ The authority of the Commission under this section
    and section 1102b \23\ is subject to the Panama Canal Treaty of
    1977 and related agreements, and to chapter 91 of title 31,
    United States Code.
    ---------------------------------------------------------------------------
        \23\ Sec. 3550(d)(3) of Public Law 105-85 (111 Stat. 2074) struck
    out ``section 1102B'' and inserted in lieu thereof ``section 1102b''.
    ---------------------------------------------------------------------------

                         specific powers of commission

        Sec. 1102b.\24\ (a) The Commission may manage, operate, and
    maintain the Panama Canal.
    ---------------------------------------------------------------------------
        \24\ 22 U.S.C. 3612b. Sec. 3524(a) of Public Law 104-106 (110 Stat.
    639) added secs. 1102a and 1102b.
    ---------------------------------------------------------------------------
        (b) The Commission may construct or acquire, establish,
    maintain, and operate such activities, facilities, and
    appurtenances as necessary and appropriate for the
    accomplishment of the purposes of this Act, including the
    following:
              (1) Docks, wharves, piers, and other shoreline
            facilities.
              (2) Shops and yards.
              (3) Marine railways, salvage and towing facilities,
            fuel-handling facilities, and motor transportation
            facilities.
              (4) Power systems, water systems, and a telephone
            system.
              (5) Construction facilities.
              (6) Living quarters and other buildings.
              (7) Warehouses, storehouses, a printing plant, and
            manufacturing, processing, or service facilities in
            connection therewith.
              (8) Recreational facilities.
        (c) The Commission may use the United States mails in the
    same manner and under the same conditions as the executive
    departments of the Federal Government.
        (d) The Commission may take such actions as are necessary
    or appropriate to carry out the powers specifically conferred
    upon it.
        (e) \25\ The Commission may conduct and promote commercial
    activities related to the management, operation, or maintenance
    of the Panama Canal. Any such commercial activity shall be
    carried out consistent with the Panama Canal Treaty of 1977 and
    related agreements.
    ---------------------------------------------------------------------------
        \25\ Sec. 3547 of Public Law 105-85 (111 Stat. 2073) added subsec.
    (e).
    ---------------------------------------------------------------------------
        (f) \26\ (1) The Commission may seek and accept donations
    of funds, property, and services from individuals, foundations,
    corporations, and other private and public entities for the
    purpose of carrying out its promotional activities.
    ---------------------------------------------------------------------------
        \26\ Sec. 3505 of Public Law 105-261 (112 Stat. 2268) added subsec.
    (f).
    ---------------------------------------------------------------------------
        (2) The Commission shall establish written guidelines
    setting forth the criteria to be used in determining whether
    the acceptance of funds, property, or services authorized by
    paragraph (1) would reflect unfavorably upon the ability of the
    Commission (or any employee of the Commission) to carry out its
    responsibilities or official duties in a fair and objective
    manner or would compromise the integrity or the appearance of
    the integrity of its programs or of any official in those
    programs.

                                 administrator

        Sec. 1103.\27\ (a) There shall be an Administrator of the
    Commission who shall be appointed by the President, by and with
    the advice and consent of the Senate, and shall hold office at
    the pleasure of the President.
    ---------------------------------------------------------------------------
        \27\ 22 U.S.C. 3613. Sec. 3523(a) of Public Law 104-201 (110 Stat.
    2860) amended and restated sec. 1103. The section formerly read as
    follows:
        ``Sec. 1103. There shall be an Administrator of the Commission, who
    shall be appointed by the President, by and with the advice and consent
    of the Senate, and shall hold office at the pleasure of the
    President.''.
        Sec. 3523(b) of Public Law 104-201 provided the following:
        ``(b) Savings Provisions.--Nothing in this section (or section
    3549(3)) shall be considered to affect--
    ---------------------------------------------------------------------------

      ``(1) the tenure of the individual serving as Administrator of the
    Commission on the day before subsection (a) takes effect; or

      ``(2) until modified under section 1103(b) of the Panama Canal Act of
    1979, as amended by subsection (a), the compensation of the individual so
    serving.''.

        (b) The Administrator shall be paid compensation in an
    amount, established by the Board, not to exceed level III of
    the Executive Schedule.
        (c) \28\ The Congress consents, for purposes of the 8th
    clause of article I, section 9 of the Constitution of the
    United States, to the acceptance by the individual serving as
    Administrator of the Commission of appointment by the Republic
    of Panama to the position of Administrator of the Panama Canal
    Authority. Such consent is effective only if that individual,
    while serving in both such positions, serves as Administrator
    of the Panama Canal Authority without compensation, except for
    payments by the Republic of Panama of travel and entertainment
    expenses, including per diem payments.
    ---------------------------------------------------------------------------
        \28\ Sec. 3521(a) of Public Law 105-85 (111 Stat. 2063) added
    subsec. (c).
    ---------------------------------------------------------------------------
        (d) \29\ If before the Canal Transfer Date the Republic of
    Panama appoints as the Administrator of the Panama Canal
    Authority the individual serving as the Administrator of the
    Commission and if that individual accepts the appointment--
    ---------------------------------------------------------------------------
        \29\ Sec. 3521(b) of Public Law 105-85 (111 Stat. 2063) added
    subsec. (d).
    ---------------------------------------------------------------------------
              (1) during any period during which that individual
            serves as both Administrator of the Commission and the
            Administrator of the Panama Canal Authority--
                      (A) the Foreign Agents Registration Act of
                    1938, as amended (22 U.S.C. 611 et seq.), shall
                    not apply to that individual with respect to
                    service as the Administrator of the Panama
                    Canal Authority;
                      (B) that individual, with respect to
                    participation in any particular matter as the
                    Administrator of the Panama Canal Commission,
                    is not subject to section 208(a) of title 18,
                    United States Code, insofar as that section
                    would otherwise apply to that matter only
                    because the matter will have a direct and
                    predictable effect on the financial interest of
                    the Panama Canal Authority;
                      (C) that individual is not subject to
                    sections 203 and 205 of title 18, United States
                    Code, with respect to official acts performed
                    as an agent or attorney for or otherwise
                    representing the Panama Canal Authority; and
                      (D) that individual is not subject to
                    sections 501(a) and 502(a)(4) of the Ethics in
                    Government Act of 1978 (5 U.S.C. App.), with
                    respect to compensation received for, and
                    service in, the position of Administrator of
                    the Panama Canal Authority; and
              (2) effective upon termination of the individual's
            appointment as Administrator of the Panama Canal
            Commission at noon on the Canal Transfer Date, that
            individual is not subject to section 207 of title 18,
            United States Code, with respect to acts done in
            carrying out official duties as Administrator of the
            Panama Canal Authority.

                              deputy administrator

        Sec. 1104.\30\ (a) There shall be a Deputy Administrator of
    the Commission who shall be appointed by the President. The
    Deputy Administrator shall perform such duties as may be
    prescribed by the Board.
    ---------------------------------------------------------------------------
        \30\ 22 U.S.C. 3614. Sec. 3524(a) of Public Law 104-201 (110 Stat.
    2860) amended and restated sec. 1104, which formerly also provided for
    appointment of a chief engineer. Sec. 3524(b) of Public Law 104-201
    also stated:
        ``(b) Savings Provisions.--Nothing in this section shall be
    considered to affect--
    ---------------------------------------------------------------------------

      ``(1) the tenure of the individual serving as Deputy Administrator of the
    Commission on the day before subsection (a) takes effect; or

      ``(2) until modified under section 1104(b) of the Panama Canal Act of
    1979, as amended by subsection (a), the compensation of the individual so
    serving.''.

        (b) The Deputy Administrator shall be paid compensation at
    a rate of pay, established by the Board, which does not exceed
    the rate of basic pay in effect for level IV of the Executive
    Schedule, and, if eligible, shall be paid the overseas
    recruitment and retention differential provided for in section
    1217 of this Act.

                             consultative committee

        Sec. 1105.\31\ (a) The President shall designate, and the
    Secretary of State shall coordinate the participation of,
    representatives of the United States to the Consultative
    Committee to be established under paragraph 7 of Article III of
    the Panama Canal Treaty of 1977.
    ---------------------------------------------------------------------------
        \31\ 22 U.S.C. 3615.
    ---------------------------------------------------------------------------
        (b) The Consultative Committee shall function as a
    diplomatic forum for the exchange of views between the United
    States and the Republic of Panama. The Committee shall advise
    the United States Government and the Government of the Republic
    of Panama on matters of policy affecting the operation of the
    Panama Canal. The Committee shall have no authority to direct
    the Commission or any other department or agency of the United
    States to initiate or withhold action.

                      joint commission on the environment

        Sec. 1106.\32\ (a) The United States and the Republic of
    Panama, in accordance with the Panama Canal Treaty of 1977,
    shall establish a Joint Commission on the Environment
    (hereinafter in this section referred to as the ``Joint
    Commission'') to be composed of not more than three
    representatives of the United States and three representatives
    of the Republic of Panama, or such other equivalent numbers of
    representatives as may be agreed upon by the Governments of the
    two countries. The United States members of the Joint
    Commission shall periodically review the implementation of the
    Panama Canal Treaty of 1977 with respect to its impact on the
    environment and shall, jointly with the representatives of the
    Government of Panama, make recommendations to the United States
    Government and the Government of the Republic of Panama with
    respect to ways to avoid or mitigate adverse environmental
    impacts resulting from actions taken pursuant to such Treaty.
    ---------------------------------------------------------------------------
        \32\ 22 U.S.C. 3616.
    ---------------------------------------------------------------------------
        (b) Representatives of the United States on the Joint
    Commission shall be appointed by the President and shall serve
    at the pleasure of the President. Such representatives shall
    serve without compensation but shall be allowed travel or
    transportation expenses, including per diem in lieu of
    subsistence, in accordance with section 1107 of this Act.
        (c) Any Federal employee subject to the civil service laws
    and regulations who is detailed to serve with, or appointed by,
    the United States representatives on the Joint Commission shall
    not lose any pay, seniority, or other rights or benefits by
    reason of such detail or appointment.
        (d) The United States representatives on the Joint
    Commission may, to such extent or in such amounts as are
    provided in advance in appropriation Acts, appoint and fix the
    compensation of such personnel as the representatives of the
    United States on the Joint Commission may consider necessary
    for the participation of the United States on the Joint
    Commission.
        (e) The United States representatives on the Joint
    Commission may, in cooperation with the representatives of the
    Republic of Panama on the Joint Commission in conducting its
    affairs, subject to the approval of such rules by the
    Governments of the United States and the Republic of Panama.

                                travel expenses

        Sec. 1107.\33\ While away from their homes, regular places
    of business, or official stations in performance of services
    under this chapter, members of the Board of the Commission and
    the representatives of the United States on the Consultative
    Committee referred to in section 1105 of this Act and on the
    Joint Commission on the Environment referred to in section 1106
    of this Act shall be allowed travel or transportation expenses,
    including per diem in lieu of subsistence, in the same manner
    as persons employed intermittently in Government service are
    allowed expenses under section 5703 of title 5, United States
    Code.
    ---------------------------------------------------------------------------
        \33\ 22 U.S.C. 3617.
    ---------------------------------------------------------------------------

                          defense of the panama canal

        Sec. 1108.\34\ In the event of an armed attack against the
    Panama Canal, or when, in the opinion of the President,
    conditions exist which threaten the security of the Canal, the
    Administrator of the Commission shall, upon the order of the
    President, comply with such directives as the United States
    military officer charged with the protection and defense of the
    Panama Canal may consider necessary in the exercise of his
    duties.
    ---------------------------------------------------------------------------
        \34\ 22 U.S.C. 3618.
    ---------------------------------------------------------------------------

                     joint sea level canal study committee

        Sec. 1109.\35\ (a) The President shall appoint the
    representatives of the United States to any joint committee or
    body with the Republic of Panama (to study the possibility of a
    sea level canal in the Republic of Panama) pursuant to Article
    XII of the Panama Canal Treaty of 1977.
    ---------------------------------------------------------------------------
        \35\ 22 U.S.C. 3619.
    ---------------------------------------------------------------------------
        (b) Upon the completion of any joint study between the
    United States and the Republic of Panama concerning the
    feasibility of a sea level canal in the Republic of Panama
    pursuant to paragraph 1 of Article XII of the Panama Canal
    Treaty of 1977, the test of the study shall be transmitted by
    the President of the Senate and to the Speaker of the House of
    Representatives.
        (c) No construction of a sea level canal by the United
    States in the Republic of Panama shall be undertaken except
    with express congressional authorization after submission of
    the study by the President as provided in subsection (b) of
    this section.

                          authority of the ambassador

        Sec. 1110.\36\ (a) The United States Ambassador to the
    Republic of Panama with respect to the responsibilities of the
    Commission for the transfer to the Republic of Panama of those
    functions that are to be assumed by the Republic of Panama
    pursuant to the Panama Canal Treaty of 1977 and related
    agreements.
    ---------------------------------------------------------------------------
        \36\ 22 U.S.C. 3620.
    ---------------------------------------------------------------------------
        (b)(1) The Commission shall not be subject to the direction
    or supervision of the United States Chief of Mission in the
    Republic of Panama with respect to the responsibilities of the
    Commission for the operation, management, or maintenance of the
    Panama Canal, as established in this or any other Act or in the
    Panama Canal Treaty of 1977 and related agreements, except that
    the Commission shall keep the Ambassador fully and currently
    informed with respect to all activities and operations of the
    Commission.
        (2) Except as provided in paragraph (1) of this subsection,
    section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)
    \37\ shall apply with respect to the activities of the
    Commission.
    ---------------------------------------------------------------------------
        \37\ Sec. 3550(d)(3) of Public Law 105-85 (111 Stat. 2074) struck
    out ``section 16 of the Act of August 1, 1956 (22 U.S.C. 2680a),'' and
    inserted in lieu thereof ``section 207 of the Foreign Service Act of
    1980 (22 U.S.C. 3927)''.
    ---------------------------------------------------------------------------
        (c) \38\ (1) The Secretary of State may enter into one or
    more agreements to provide for the United States to furnish
    administrative services relating to the benefits described in
    paragraph (2) after December 31, 1999, and to establish
    appropriate procedures for providing advance funding for the
    services.
    ---------------------------------------------------------------------------
        \38\ Sec. 3506 of Public Law 105-261 (112 Stat. 2269) added subsec.
    (c).
    ---------------------------------------------------------------------------
        (2) The benefits referred to in paragraph (1) are the
    following:
              (A) Pension, disability, and medical benefits
            provided by the Panama Canal Commission pursuant to
            section 1245.
              (B) Compensation for work injuries covered by chapter
            81 of title 5, United States Code.

                              security legislation

        Sec. 1111.\39\ It is the sense of the Congress that the
    best interests of the United States require that the President
    enter into negotiations with the Republic of Panama for the
    purpose of arranging for the stationing of United States
    military forces, after the termination of the Panama Canal
    Treaty of 1977, in the area comprising the Canal Zone before
    the effective date of this Act, and for the maintenance of
    installations and facilities, after the termination of such
    Treaty, for the use of United States military forces stationed
    in such area. The President shall report to the Congress in a
    timely manner the status of negotiations conducted pursuant to
    this section.
    ---------------------------------------------------------------------------
        \39\ 22 U.S.C. 3621.
    ---------------------------------------------------------------------------

                    code of conduct for commission personnel

        Sec. 1112.\40\ (a) Before assuming the duties of his office
    or employment, each member of the Board of the Commission and
    each officer and employee of the Commission shall take an oath
    to discharge faithfully the duties of his office or employment.
    All employees of the Commission shall be subject to the laws of
    the United States regarding duties and responsibilities of
    Federal employees.
    ---------------------------------------------------------------------------
        \40\ 22 U.S.C. 3622.
    ---------------------------------------------------------------------------
        (b) Not later than 60 days after all the members of the
    Board of the Commission have been appointed, the Board shall
    adopt a code of conduct applicable to the persons referred to
    in subsection (a) of this section. The code of conduct shall
    contain provisions substantially equivalent to those contained
    in part 735 of title 5 of the Code of Federal Regulations on
    October 1, 1979.\41\ The code of conduct shall, at a minimum,
    contain provisions substantially equivalent to the following
    provisions of law:
    ---------------------------------------------------------------------------
        \41\ Sec. 3550(d)(2)(A) of Public Law 105-85 (111 Stat. 2074)
    struck out ``the effective date of this Act'' and inserted in lieu
    thereof ``October 1, 1979''.
    ---------------------------------------------------------------------------
              (1) the provisions of chapter 11 of title 18, United
            States Code, as amended, relating to bribery, graft, or
            conflicts of interest, as appropriate to the employees
            concerned;
              (2) section 7352 of title 5, United States Code, as
            amended;
              (3) sections 207, 208, 285, 508, 641, 645, 1001,
            1917, and 2071 of title 18, United States Code, as
            amended;
              (4) section 5 of the Act of July 16, 1914 (31 U.S.C.
            638a), as amended;
              (5) the Ethics in Government Act of 1978 (92 Stat.
            1824), as amended; and
              (6) those provisions of the laws and regulations of
            the Republic of Panama which are substantially
            equivalent to those of the United States set forth in
            this subsection.
        (c) The Commission shall investigate any allegations
    regarding the violation of the code of conduct adopted pursuant
    to subsection (b) of this section. The Commission may recommend
    that the President suspend from the performance of his duties
    any member of the Board of the Commission or any officer or
    employee of the Commission, pending judicial proceedings by
    appropriate authorities concerning such allegations.
        (d) The President shall negotiate suitable arrangements
    with the Republic of Panama whereby each nation shall agree to
    take all measures within its legal authority to assure that
    members of the Board of the Commission comply with the code of
    conduct established pursuant to subsection (b) of this section.
    Without prejudice to such jurisdiction as the United States may
    have with respect to members of the Board, the provisions of
    law enumerated in subsection (b) of this section shall be
    enforced with respect to members of the Board only in
    accordance with such arrangements.
        (e) \42\ (1) Section 207 of title 18, United States Code,
    does not apply to a covered individual with respect to acts
    done in carrying out official duties as an officer or employee
    of the Panama Canal Authority.
    ---------------------------------------------------------------------------
        \42\ Sec. 3522(a) of Public Law 105-85 (111 Stat. 2064) added
    subsec. (e).
    ---------------------------------------------------------------------------
        (2) For purposes of paragraph (1), a covered individual is
    an officer or employee of the Panama Canal Authority who was an
    officer or employee of the Commission (other than the
    Administrator) and whose employment with the Commission
    terminated at noon on the Canal Transfer Date.
        (3) This subsection is effective as of the Canal Transfer
    Date.
        (f) \43\ (1) The Congress consents to the following persons
    accepting civil employment (and compensation for that
    employment) with the Panama Canal Authority for which the
    consent of the Congress is required by the last paragraph of
    section 9 of article I of the Constitution of the United
    States, relating to acceptance of emoluments, offices, or
    titles from a foreign government:
    ---------------------------------------------------------------------------
        \43\ Sec. 3522(b) of Public Law 105-85 (111 Stat. 2064) added
    subsec. (f).
    ---------------------------------------------------------------------------
              (A) Retired members of the uniformed services.
              (B) Members of a reserve component of the armed
            forces.
              (C) Members of the Commissioned Reserve Corps of the
            Public Health Service.
        (2) The consent of the Congress under paragraph (1) is
    effective without regard to subsection (b) of section 908 of
    title 37, United States Code (relating to approval required for
    employment of Reserve and retired members by foreign
    governments).

                              office of ombudsman

        Sec. 1113.\44\ (a) There established within the Commission
    an Office of Ombudsman, to be directed by an Ombudsman, who
    shall be appointed by the Commission. It shall be the function
    of the Office of Ombudsman to receive individual complaints,
    grievances, requests, and suggestions of employees (and their
    dependents), of the Commission and other departments and
    agencies of the United States, including the Smithsonian
    Institution, conducting operations before the effective date of
    this Act in the area then comprising the Canal Zone concerning
    administrative problems, inefficiencies, and conflicts caused
    within departments and agencies of the United States, including
    the Smithsonian Institution, as a result of the implementation
    of the Panama Canal Treaty of 1977 and related agreements.
    ---------------------------------------------------------------------------
        \44\ 22 U.S.C. 3623.
    ---------------------------------------------------------------------------
        (b) The Ombudsman shall make findings and render assistance
    with respect to the complaints, grievances, requests, and
    suggestions submitted to the Office of Ombudsman, and shall
    make appropriate recommendations to the Commission or any other
    department or agency of the United States, including the
    Smithsonian Institution.
        (c) The establishment of the Office of Ombudsman shall not
    affect any procedures for grievances, appeals, or
    administrative matters in any other provision of this Act, any
    other provision of law, or any Federal regulation.
        (d) \45\ The Office of Ombudsman shall terminate upon the
    termination of the Panama Canal Treaty of 1977.
    ---------------------------------------------------------------------------
        \45\ Sec. 3525 of Public Law 104-201 (110 Stat. 2861) struck out
    subsec. (d) and redesignated former subsec. (e) as subsec. (d). Former
    subsec. (d) required the Ombudsman to be a U.S. citizen.
    ---------------------------------------------------------------------------

                              Chapter 2--Employees

                Subchapter I--Panama Canal Commission Personnel

                                  definitions

        Sec. 1201.\46\ As used in this chapter--
    ---------------------------------------------------------------------------
        \46\ 22 U.S.C. 3641. Sec. 3504 of the Panama Canal Commission
    Authorization Act for Fiscal Year 1994 (title XXXV of the National
    Defense Authorization Act for Fiscal Year 1994; Public Law 103-160; 107
    Stat. 1965) provides the following:
    ---------------------------------------------------------------------------

    ``sec. 3504. employment of commission employees by the government of
    panama.
    ---------------------------------------------------------------------------

        ``(a) Consent of Congress.--Subject to subsection (b), the Congress
    consents to employees of the Panama Canal Commission who are not
    citizens of the United States accepting civil employment with agencies
    and organizations affiliated with the Government of Panama (and
    compensation for that employment) for which the consent of Congress is
    required by the 8th clause of section 9 of article I of the
    Constitution of the United States, relating to acceptance of emolument,
    office, or title from a foreign State.
        ``(b) Condition.--Employees described in subsection (a) may accept
    employment described in such subsection (and compensation for that
    employment) only if the employment is approved by the designated agency
    ethics official of the Panama Canal Commission designated pursuant to
    the Ethics in Government Act of 1978 (5 U.S.C. App.), and by the
    Administrator of the Panama Canal Commission.''.
    ---------------------------------------------------------------------------
              (1) ``Executive agency'' has the meaning given that
            term in section 105 of title 5, United States Code;
              (2) ``uniformed services'' has the meaning given the
            term in section 2101(3) of title 5, United States Code;
              (3) ``competitive service'' has the meaning given
            that term in section 2102 of title 5, United States
            Code; and
              (4) ``United States'' when used in a geographic
            sense, means each of the several States and the
            District of Columbia.

                      appointment and compensation; duties

        Sec. 1202.\47\ (a) In accordance with this chapter, the
    Commission may appoint, fix the compensation of, and define the
    authority and duties of officers and employees (other than the
    Administrator and Deputy Administrator) necessary for the
    management, operation, and maintenance of the Panama Canal and
    its complementary works, installations, and equipment.
    ---------------------------------------------------------------------------
        \47\ 22 U.S.C. 3642. Sec. 3526 of Public Law 104-201 (110 Stat.
    2861) amended and restated sec. 1202.
    ---------------------------------------------------------------------------
        (b) Individuals serving in any Executive agency (other than
    the Commission) or the Smithsonian Institution, including
    individuals in the uniformed services, may, if appointed under
    this section or section 1104 of this Act, serve as officers or
    employees of the Commission.
        (c) \48\ In the case of an individual who is an officer or
    employee of the Commission on November 17, 1997,\49\ and who
    has not had a break in service with the Commission since that
    date, the rate of basic pay for that officer or employee \50\
    may not be less than the rate in effect for that officer or
    employee on that date \51\ except--
    ---------------------------------------------------------------------------
        \48\ Sec. 3523(b) of the Panama Canal Transition Facilitation Act
    of 1997 (subtitle B of title XXXV of Public Law 105-85; 111 Stat. 2065)
    added subsec. (c).
        \49\ Sec. 3512(a)(1)(A) of the Panama Canal Commission
    Authorization Act for Fiscal Year 1999 (title XXXV of Public Law 105-
    261; 112 Stat. 2271) struck out ``the day before the date of the
    enactment of the Panama Canal Transition Facilitation Act of 1997'' and
    inserted in lieu thereof ``November 17, 1997,''.
        \50\ Sec. 3512(a)(1)(B) of Public Law 105-261 (112 Stat. 2271)
    struck out ``on or after that date'' at this point.
        \51\ Sec. 3512(a)(1)(C) of Public Law 105-261 (112 Stat. 2270)
    struck out ``the day before the date of enactment'' and inserted in
    lieu thereof ``that date''.
    ---------------------------------------------------------------------------
              (1) as provided in a collective bargaining agreement;
              (2) as a result of an adverse action against the
            officer or employee; or
              (3) pursuant to a voluntary demotion.

                         transfer of federal employees

        Sec. 1203.\52\ (a) The head of any agency may enter into
    agreements for the transfer or detail to the Commission of any
    employee of that agency serving under a permanent appointment.
    Any employee who so transfers or is so detailed shall, upon
    completion of the employee's tour of duty with the Commission,
    be entitled to reemployment with the agency from which the
    employee was transferred or detailed without loss of pay,
    seniority, or other rights or benefits to which the employee
    would have been entitled had the employee not been so
    transferred or been so detailed.
    ---------------------------------------------------------------------------
        \52\ 22 U.S.C. 3643.
    ---------------------------------------------------------------------------
        (b) For purposes of this section, the term ``agency'' means
    an Executive agency, the United States Postal Service, and the
    Smithsonian Institution.
        (c) The Office of Personnel Management shall prescribe
    regulations to carry out the purposes of this section.

             compensation of individuals in the uniformed services

        Sec. 1204.\53\ (a) Except as provided in subsection (b) of
    this section, any individual who is serving in a position in
    the Commission and who is a member of a uniformed service shall
    continue to be paid basic pay by such uniformed service and
    shall not be paid by the Commission for the period of the
    service in the uniformed service involved.
    ---------------------------------------------------------------------------
        \53\ 22 U.S.C. 3644.
    ---------------------------------------------------------------------------
        (b) If the individual appointed as Administrator, Deputy
    Administrator, or Chief Engineer of the Commission is a member
    of a uniformed service, the amount of basic pay otherwise
    payable to the individual for service in that position shall be
    reduced, up to the amount of that basic pay, by the amount of
    the basic pay payable to the individual as a member of a
    uniformed service.
        (c) The Commission shall annually pay to each uniformed
    service amounts sufficient to reimburse that uniformed service
    for any basic pay paid by that uniformed service to any member
    of that service during any period of service in the Commission
    by the member.

        deduction from basic pay of amounts due for supplies or services

        Sec. 1205.\54\ The Commission may deduct from the basic pay
    otherwise payable by the Commission to any officer or employee
    of the Commission any amount due from the officer or employee
    to the Commission or to any contractor of the Commission for
    transportation, board, supplies, or any other service. Any
    amount so deducted may be paid by the Commission to any
    contractor to whom it is due or may be credited by the
    Commission to any fund \55\ from which the Commission has
    expended such amount.
    ---------------------------------------------------------------------------
        \54\ 22 U.S.C. 3645.
        \55\ Sec. 3529(1) of Public Law 104-106 (110 Stat. 642) struck out
    ``appropriation'' and inserted in lieu thereof ``fund''.
    ---------------------------------------------------------------------------
        Sec. 1206.\56\ * * * [Repealed--1999]
    ---------------------------------------------------------------------------
        \56\ Formerly at 22 U.S.C. 3646. Sec. 3507 of Public Law 105-261
    (112 Stat. 2269) repealed sec. 1206, relating to cost of living
    allowance, effective 11:59 p.m. (Eastern Standard Time), December 30,
    1999.
    ---------------------------------------------------------------------------
        Sec. 1207.\57\ * * * [Repealed--1999]
    ---------------------------------------------------------------------------
        \57\ Formerly at 22 U.S.C. 3647. Sec. 3507 of Public Law 105-261
    (112 Stat. 2269) repealed sec. 1207, relating to educational travel
    benefits, effective 11:59 p.m. (Eastern Standard Time), December 30,
    1999.
    ---------------------------------------------------------------------------

                 privileges and immunities of certain employees

        Sec. 1208.\58\ The Secretary of Defense shall designate
    those officers and employees of the Commission and other
    individuals entitled to the privileges and immunities accorded
    under paragraph 3 or Article VIII of the Panama Canal Treaty of
    1977. The Department of State shall furnish to the Republic of
    Panama a list of the names of such officers, employees, and
    other individuals and shall notify the Republic of Panama of
    any subsequent additions to or deletions from the list.
    ---------------------------------------------------------------------------
        \58\ 22 U.S.C. 3648.
    ---------------------------------------------------------------------------

                       applicability of certain benefits

        Sec. 1209.\59\ Chapter 81 of title 5, United States Code,
    relating to compensation for work injuries, chapters 83 and 84
    of such title 5, relating to retirement, chapter 87 of such
    title 5, relating to life insurance, and chapter 89 of such
    title 5, relating to health insurance, are applicable to
    Commission employees, except any individual--
    ---------------------------------------------------------------------------
        \59\ 22 U.S.C. 3649. Sec. 3527 of Public Law 104-201 (110 Stat.
    2861) amended and restated sec. 1209.
    ---------------------------------------------------------------------------
              (1) who is not a citizen of the United States;
              (2) whose initial appointment by the Commission
            occurs after October 1, 1979; and
              (3) who is covered by the Social Security System of
            the Republic of Panama pursuant to any provision of the
            Panama Canal Treaty of 1977 and related agreements.

                  Subchapter II--Wage and Employment Practices

                               air transportation

        Sec. 1210.\60\ (a) Notwithstanding any other provision of
    law (except subsection (b)),\61\ the Commission may contract
    with Panamanian carriers registered under the laws of the
    Republic of Panama to provide air transportation to officials
    and employees of the Commission who are citizens of the
    Republic of Panama.
    ---------------------------------------------------------------------------
        \60\ 22 U.S.C. 3650. Sec. 5(b)(1) of Public Law 99-223 (99 Stat.
    1739) originally added this section. Sec. 3528 of Public Law 104-201
    (110 Stat. 2861) later amended and restated this section. Sec. 3524 of
    Public Law 105-85 (111 Stat. 2065) subsequently struck out subsecs.
    (a), (b), and (c) of the section, redesignated remaining subsec. (d)(1)
    as subsec. (a), subsec. (d)(2) as subsec. (b), and restated the section
    catchline from ``travel and transportation'' to ``air transportation''.
        \61\ Sec. 3524(b)(1)(A) of Public Law 105-85 (111 Stat. 2065)
    struck out ``paragraph (2)'' and inserted in lieu thereof ``subsection
    (b)''.
    ---------------------------------------------------------------------------
        (b) An \62\ official or employee of the Commission who is a
    citizen of the Republic of Panama \63\ may elect, for security
    or other reasons, to travel by an air carrier holding a
    certificate under section 41102 of title 49, United States
    Code.
    ---------------------------------------------------------------------------
        \62\ Sec. 3524(b)(1)(B)(i) of Public Law 105-85 (111 Stat. 2065)
    struck out ``Notwithstanding paragraph (1), an'' and inserted in lieu
    thereof ``An''.
        \63\ Sec. 3524(b)(1)(B)(ii) of Public Law 105-85 (111 Stat. 2065)
    struck out ``referred to in paragraph (1)'' and inserted in lieu
    thereof ``who is a citizen of the Republic of Panama''.
    ---------------------------------------------------------------------------

                                  definitions

        Sec. 1211.\64\ As used in this subchapter--
    ---------------------------------------------------------------------------
        \64\ 22 U.S.C. 3651.
    ---------------------------------------------------------------------------
              (1) ``agency'' means--
                      (A) the Commission, and
                      (B) \65\ any other Executive agency or the
                    Smithsonian Institution, to the extent of any
                    election in effect under section 1212(b) \66\
                    of this Act;
    ---------------------------------------------------------------------------
        \65\ Sec. 3529 of Public Law 104-201 (110 Stat. 2862) amended and
    restated sec. 1211(1)(B).
        \66\ Sec. 3548(b)(1) of Public Law 104-201 (110 Stat. 2869) struck
    out ``section 1212(B)(2)'' and inserted in lieu thereof ``section
    1212(b)''.
    ---------------------------------------------------------------------------
              (2) ``position'' means a civilian position in the
            Commission, or in any other agency if a substantial
            portion of the duties and responsibilities are
            performed in the Republic of Panama; and
              (3) ``employee'' means an individual serving in a
            position.

    panama canal employment system; merit and other employment requirements

        Sec. 1212.\67\ (a) The Commission shall establish a Panama
    Canal Employment System and prescribe the regulations necessary
    for its administration. The Panama Canal Employment System
    shall--
    ---------------------------------------------------------------------------
        \67\ 22 U.S.C. 3652. Sec. 3530(a) of Public Law 104-201 (110 Stat.
    2862) amended and restated sec. 1212. Sec. 3530(b) of that Act further
    provided:
        ``(b) Savings Provisions.--The Panama Canal Employment System and
    all elections, rules, regulations, and orders relating thereto, as last
    in effect before the amendment made by subsection (a) takes effect,
    shall continue in effect, according to their terms, until modified,
    terminated, or superseded under section 1212 of the Panama Canal Act of
    1979, as amended by subsection (a).''.
    ---------------------------------------------------------------------------
              (1) be established in accordance with and be subject
            to the provisions of the Panama Canal Treaty of 1977
            and related agreements, the provisions of this chapter,
            and any other applicable provision of law;
              (2) be based on the consideration of the merit of
            each employee or candidate for employment and the
            qualifications and fitness of the employee to hold the
            position concerned;
              (3) conform, to the extent practicable and consistent
            with the provisions of this Act, to the policies,
            principles, and standards applicable to the competitive
            service;
              (4) in the case of employees who are citizens of the
            United States, provide for the appropriate interchange
            of those employees between positions under the Panama
            Canal Employment System and positions in the
            competitive service; and
              (5) not be subject to the provisions of title 5,
            United States Code, unless specifically made applicable
            by this Act.
        (b)(1) The head of any Executive agency (other than the
    Commission) and the Smithsonian Institution may elect to have
    the Panama Canal Employment System made applicable in whole or
    in part to personnel of that agency in the Republic of Panama.
        (2) Any Executive agency (other than the Commission) and
    the Smithsonian Institution, to the extent of any election
    under paragraph (1), shall conduct its employment and pay
    practices relating to employees in accordance with the Panama
    Canal Employment System.
        (3) Notwithstanding any other provision of this Act, the
    Panama Canal Act Amendments of 1996 (subtitle B of title XXXV
    of Public Law 104-201; 110 Stat. 2860), or the Panama Canal
    Transition Facilitation Act of 1997 (subtitle B of title XXXV
    of Public Law 105-85; 110 Stat. 2062), or the Panama Canal
    Commission Authorization Act for Fiscal Year 1999,\68\ this
    subchapter, as in effect on September 22, 1996,\69\ shall
    continue to apply to an Executive agency or the Smithsonian
    Institution to the extent of an election under paragraph (1) by
    the head of the \70\ agency or the Institution, respectively.
    ---------------------------------------------------------------------------
        \68\ Sec. 3523(d) of Public Law 105-85 (111 Stat. 2065) struck out
    ``or the Panama Canal Act Amendments of 1996'' and inserted in lieu
    thereof ``, the Panama Canal Act Amendments of 1996 (subtitle B of
    title XXXV of Public Law 104-201; 110 Stat. 2860), or the Panama Canal
    Transition Facilitation Act of 1997''. Sec. 3507(c) of Public Law 105-
    261 (112 Stat. 2269) struck out ``the Panama Canal Transition
    Facilitation Act of 1997'' and inserted in lieu thereof ``the Panama
    Canal Transition Facilitation Act of 1997 (subtitle B of title XXXV of
    Public Law 105-85; 110 Stat. 2062), or the Panama Canal Commission
    Authorization Act for Fiscal Year 1999''.
        \69\ Sec. 3550(d)(3) of Public Law 105-85 (111 Stat. 2074) struck
    out ``as last in effect before the effective date of section 3530 of
    the Panama Canal Act Amendments of 1996'' and inserted in lieu thereof
    ``as in effect on September 22, 1996''.
        \70\ Sec. 3512(a)(2) of Public Law 105-261 (112 Stat. 2271)
    inserted ``the'' after ``by the head of''.
    ---------------------------------------------------------------------------
        (c) The Commission may exclude any employee or position
    from coverage under any provision of this subchapter, other
    than the interchange rights extended under subsection (a)(4).

                              employment standards

        Sec. 1213.\71\ The Commission \72\ shall establish written
    standards for--
    ---------------------------------------------------------------------------
        \71\ 22 U.S.C. 3653.
        \72\ Sec. 3531 of Public Law 104-201 (110 Stat. 2863) struck out
    ``The head of each agency'' and inserted in lieu thereof ``The
    Commission''.
    ---------------------------------------------------------------------------
              (1) determining the qualifications and fitness of
            employees and of candidates for employment in
            positions; and
              (2) selecting individuals for appointment, promotion,
            or transfer to positions.
    The standards shall conform to the provisions of this
    subchapter, and regulations prescribed thereunder, and the
    Panama Canal Employment System.
        Sec. 1214.\73\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \73\ Formerly at 22 U.S.C. 3654. Sec. 3533 of Public Law 104-201
    (110 Stat. 2863) repealed sec. 1214, relating to an interim application
    of a canal zone merit system.
    ---------------------------------------------------------------------------
        Sec. 1215.\74\ * * * [Repealed--1997]
    ---------------------------------------------------------------------------
        \74\ Formerly at 22 U.S.C. 3655. Sec. 3523(a)(1) of Public Law 105-
    85 (111 Stat. 2064) repealed sec. 1215, relating to basic pay.
    ---------------------------------------------------------------------------

                   uniform application of standards and rates

        Sec. 1216.\75\ The standards established pursuant to
    section 1213 of this Act and the rates of basic pay established
    pursuant to section 1202 \76\ of the Act shall be applied
    without regard to whether the employee or individual concerned
    is a citizen of the United States or a citizen of the Republic
    of Panama.
    ---------------------------------------------------------------------------
        \75\ 22 U.S.C. 3656.
        \76\ Sec. 3523(c)(1) of Public Law 105-85 (111 Stat. 2065) struck
    out ``1215'' and inserted in lieu thereof ``1202''.
    ---------------------------------------------------------------------------

                     recruitment and retention remuneration

        Sec. 1217.\77\ (a) * * * [Repealed--1999]
    ---------------------------------------------------------------------------
        \77\ 22 U.S.C. 3657. Sec. 3533 of Public Law 104-201 (110 Stat.
    2863) struck out former subsec. (d) of this section, which related to
    the inapplicability of certain overseas differentials and pay
    allowances to those employed by an agency whose duty station is Panama.
    Sec. 3507 of the Panama Canal Commission Authorization Act for Fiscal
    Year 1999 (title XXXV of Public Law 105-261; 112 Stat. 2269) struck out
    subsec. (a), relating to recruitment compensation of essential
    personnel, effective 11:59 p.m. (Eastern Standard Time), December 30,
    1999.
    ---------------------------------------------------------------------------
        (b) Any employee described in more than one paragraph of
    subsection (a) of this section may qualify for a recruitment or
    retention differential under only one of those paragraphs.
        (c) \78\ (1) The Commission may pay a recruitment bonus to
    an individual who is newly appointed to a position with the
    Commission, or a relocation bonus to an employee of the
    Commission who must relocate to accept a position, if the
    Commission determines that the Commission would be likely, in
    the absence of such a bonus, to have difficulty in filling the
    position.
    ---------------------------------------------------------------------------
        \78\ Sec. 3525(a) of Public Law 105-85 (111 Stat. 2066)
    redesignated subsec. (c) as subsec. (e), and added new subsecs. (c) and
    (d).
    ---------------------------------------------------------------------------
        (2) A recruitment or relocation bonus may be paid to an
    employee under this subsection only if the employee enters into
    an agreement with the Commission to complete a period of
    employment established in the agreement. If the employee
    voluntarily fails to complete such period of employment or is
    separated from service in such employment as a result of an
    adverse action before the completion of such period, the
    employee shall repay the entire amount of the bonus.
        (3) A recruitment or relocation bonus under this subsection
    may be paid as a lump sum. A bonus under this subsection may
    not be considered to be part of the basic pay of an employee.
        (d) \78\ (1) The Commission may pay a retention bonus to an
    employee of the Commission if the Commission determines that--
              (A) the employee has unusually high or unique
            qualifications and those qualifications make it
            essential for the Commission to retain the employee for
            a period specified by the Commission ending not later
            than the Canal Transfer Date, or the Commission
            otherwise has a special need for the services of the
            employee making it essential for the Commission to
            retain the employee for a period specified by the
            Commission ending not later than the Canal Transfer
            Date; and
              (B) the employee would be likely to leave employment
            with the Commission before the end of that period if
            the retention bonus is not paid.
        (2) A retention bonus under this subsection--
              (A) shall be in a fixed amount;
              (B) shall be paid on a pro rata basis (over the
            period specified by the Commission as essential for the
            retention of the employee), with such payments to be
            made at the same time and in the same manner as basic
            pay; and
              (C) may not be considered to be part of the basic pay
            of an employee.
        (3) A decision by the Commission to exercise or to not
    exercise the authority to pay a bonus under this subsection
    shall not be subject to review under any statutory procedure or
    any agency or negotiated grievance procedure except under any
    of the laws referred to in section 2302(d) of title 5, United
    States Code.
        (e) \78\ Additional compensation provided under this
    section may not exceed 25 percent of the rate of basic pay of
    the individual to whom the compensation is paid.\79\
    ---------------------------------------------------------------------------
        \79\ Sec. 3525(a)(2) of Public Law 105-85 (111 Stat. 2066) struck
    out ``for the same or similar work performed in the United States by
    individuals employed by the Government of the United States'' and
    inserted in lieu thereof ``of the individual to whom the compensation
    is paid''.
    ---------------------------------------------------------------------------

                               quarters allowance

        Sec. 1217a.\80\ (a) Notwithstanding paragraphs (2) and (3)
    of section 1211 of this Act, as used in this section--
    ---------------------------------------------------------------------------
        \80\ 22 U.S.C. 3657a. Executive Order 12520 (50 F.R. 25683; June
    21, 1985) provided the following:
    ---------------------------------------------------------------------------

    ``quarters allowances to department of defense employees in panama
    ---------------------------------------------------------------------------

        ``By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including section 1217a
    of the Panama Canal Act of 1979 (22 U.S.C. 3657a), it is hereby ordered
    as follows:
        ``Section 1. The Secretary of Defense is authorized to prescribe
    the regulations referred to in section 1217a of the Panama Canal Act of
    1979, relating to quarters allowances.
        ``Sec. 2. The regulations prescribed under Section 1 shall be
    consistent with Article VII(4) of the Agreement in Implementation if
    Article IV of the Panama Canal Treaty and with all other relevant
    provisions of the Panama Canal Treaty and related agreements.''.
    ---------------------------------------------------------------------------
              (1) ``position'' means a civilian position; and
              (2) ``employee'' means an individual serving in a
            position in the Department of Defense whose permanent
            duty station is in the area which, before October 1,
            1979, was known as the Canal Zone.
        (b) Under regulations prescribed by or under authority of
    the President, the Department of Defense may grant a quarters
    allowance in the case of--
              (1) any employee who is a citizen of the United
            States and who, before October 1, 1979, was employed by
            the Panama Canal Company, the Canal Zone Government, or
            any other agency, in the area then known as the Canal
            Zone; and
              (2) any other employee who is a citizen of the United
            States and who (before, on, or after the effective date
            of this section) is or was recruited within the United
            States;
    for whom adequate Government owned or leased quarters are not
    made available.
        (c) The amount of any quarters allowance granted to an
    employee under this section shall be determined in accordance
    with the regulations prescribed under subsection (b) of this
    section, except that such allowance for any period may not
    exceed the amount, if any, by which--
              (1) the lesser of--
                      (A) the actual expenses for rent and
                    utilities incurred by the employee during such
                    period while occupying quarters other than
                    Government owned or leased quarters; or
                      (B) the maximum amount which would be
                    authorized for such employee with respect to
                    such period under the Department of State
                    Standardized Regulations (Government Civilians,
                    Foreign Areas) if such employee were covered by
                    those regulations;
            exceeds
              (2) the estimated total cost of rent and utilities
            which the employee would have been charged if
            Government owned or leased quarters had been provided
            on a rental basis during such period.
        (d) The provisions of this section shall apply without
    regard to whether any election by the Department of Defense
    under section 1212(b) of this Act is then in effect.

                          benefits based on basic pay

        Sec. 1218.\81\ For the purposes of determining--
    ---------------------------------------------------------------------------
        \81\ 22 U.S.C. 3658. Sec. 3507(b) of Public Law 105-261; 112 Stat.
    2269) provided the following:
        ``(b) Savings Provision for Basic Pay.--Notwithstanding subsection
    (a), benefits based on basic pay, as listed in paragraphs (1), (2),
    (3), (5), and (6) of section 1218 of the Panama Canal Act of 1979,
    shall be paid as if sections 1217(a) and 1231(a)(2)(A) and (B) of that
    Act had been repealed effective 12:00 noon, December 31, 1999. The
    exception under the preceding sentence shall not apply to any pay for
    hours of work performed on December 31, 1999.''.
    ---------------------------------------------------------------------------
              (1) amounts of compensation for disability or death
            under chapter 81 of title 5, United States Code,
            relating to compensation for work injuries;
              (2) \82\ benefits under subchapter III of chapter 83
            or chapter 84 of title 5, United States Code, relating
            to retirement;
    ---------------------------------------------------------------------------
        \82\ Sec. 3534 of Public Law 104-201 (110 Stat. 2863) amended and
    restated para. (2).
    ---------------------------------------------------------------------------
              (3) amounts of insurance under chapter 87 of title 5,
            United States Code, relating to life insurance;
              (4) amounts of overtime pay or other premium pay;
              (5) annual leave benefits; and
              (6) any other benefits related to basic pay;
    the basic pay of each employee shall include the rate of basic
    pay established for his position under section 1202 \83\ of
    this Act plus the amount of any additional compensation
    provided under section 1217(a) \83\ of this Act.
    ---------------------------------------------------------------------------
        \83\ Sec. 3523(c)(2) of Public Law 105-85 (111 Stat. 2065) struck
    out ``1215'' and ``1217'' and inserted, respectively, ``1202'' and
    ``1217(a)''.
    ---------------------------------------------------------------------------
        Sec. 1219.\84\ * * * [Repealed--1997]
    ---------------------------------------------------------------------------
        \84\ Formerly at 22 U.S.C. 3659. Sec. 3523(a)(2) of Public Law 105-
    85 (111 Stat. 2064) repealed sec. 1219, relating to salary protection
    upon conversion of pay rate.
    ---------------------------------------------------------------------------

        review and adjustment of classifications, grades, and pay level

        Sec. 1220.\85\ An employee may request at any time that the
    employee's agency--
    ---------------------------------------------------------------------------
        \85\ 22 U.S.C. 3660.
    ---------------------------------------------------------------------------
              (1) review the classification of the employee's
            position or the grade or pay level for the employee's
            position, or both; and
              (2) revise or adjust that classification, grade or
            pay level, or both, as the case may be.
    The request for review and revision or adjustment shall be
    submitted and adjudicated in accordance with the regularly
    established appeals procedures of the agency.

                     panama canal board of appeals; duties

        Sec. 1221.\86\ (a) Subject to the provisions of this
    chapter, the Commission \87\ shall prescribe regulations
    establishing a Panama Canal Board of Appeals. The regulations
    shall provide for the number of members of the Board and their
    appointment, compensation, and terms of office, the selection
    of a Chairman of the Board, the appointment and compensation of
    the Board's employees, and other appropriate matters relating
    to the Board.
    ---------------------------------------------------------------------------
        \86\ 22 U.S.C. 3661.
        \87\ Sec. 3548 of Public Law 105-85 (111 Stat. 2073) struck out
    ``President'' and inserted in lieu thereof ``Commission''.
    ---------------------------------------------------------------------------
        (b) The Board shall review and determine the appeals of
    employees in accordance with section 1222 of this Act. The
    decisions of the Board shall conform to the provisions of this
    subchapter.

              appeals to board; procedures; finality of decisions

        Sec. 1222.\88\ (a) An employee may appeal to the Panama
    Canal Board of Appeals from an adverse determination made by an
    agency under section 1220 of this Act. The appeal shall be made
    in writing within a reasonable time (as specified in
    regulations prescribed by, or under the authority of, the
    Commission \87\) after the date of the transmittal by the
    agency to the employee of written notice of the adverse
    determination.
    ---------------------------------------------------------------------------
        \88\ 22 U.S.C. 3662.
    ---------------------------------------------------------------------------
        (b) The Board may authorize, in connection with an appeal
    pursuant to subsection (a) of this section, a personal
    appearance before the Board by the employee, or by a
    representative of the employee designated for that purpose.
        (c) After investigation and consideration of the evidence
    submitted, the Board shall--
              (1) prepare a written decision on the appeal;
              (2) transmit its decision to the agency concerned;
            and
              (3) transmit copies of the decision to the employee
            concerned or to the designated representative.
        (d) The decision of the Board on any question or other
    matter relating to an appeal is final and conclusive. The
    agency concerned shall take action in accordance with the
    decision of the Board.
        Sec. 1223.\89\ * * * [Repealed--1998]
    ---------------------------------------------------------------------------
        \89\ Formerly at 22 U.S.C. 3663. Sec. 3508(a) of Public Law 105-261
    (112 Stat. 2269) repealed sec. 1223, relating to establishment of a
    central examining office. Previously, sec. 3535 of Public Law 104-201
    (110 Stat. 2863) amended and restated sec. 1223.
    ---------------------------------------------------------------------------

                  applicability of title 5, united states code

        Sec. 1224.\90\ The following provisions of title 5, United
    States Code, apply to the Panama Canal Commission:
    ---------------------------------------------------------------------------
        \90\ 22 U.S.C. 3664. Sec. 3536 of Public Law 104-201 (110 Stat.
    2864) amended and restated sec. 1224. Sec. 3524(a)(2) of Public Law
    105-85 (111 Stat. 2065) struck out para. (10), relating to 5 U.S.C.
    chapter 57, and renumbered paras. (11) through (20) as paras. (10)
    through (19), respectively.
    ---------------------------------------------------------------------------
              (1) Part I of title 5 (relating to agencies
            generally).
              (2) Chapter 21 (relating to employee definitions).
              (3) Section 2302(b)(8) (relating to whistleblower
            protection) and all provisions of title 5 relating to
            the administration or enforcement or any other aspect
            thereof, as identified in regulations prescribed by the
            Commission in consultation with the Office of Personnel
            Management.
              (4) All provisions relating to preference eligibles.
              (5) Section 5514 (relating to offset from salary).
              (6) Section 5520a (relating to garnishments).
              (7) Sections 5531-5535 (relating to dual pay and
            employment).
              (8) Subchapter VI of chapter 55 (relating to
            accumulated and accrued leave).
              (9) Subchapter IX of chapter 55 (relating to
            severance and back pay).
              (10) \90\ Chapter 59 (relating to allowances).
              (11) * * *
              (12) \90\,\91\ Section 6323 (relating to
            military leave; Reserves and National Guardsmen).
    ---------------------------------------------------------------------------
        \91\ Sec. 3507 of Public Law 105-261 (112 Stat. 2269) struck out
    para. (11), effective 11:59 p.m. (Eastern Standard Time), December 30,
    1999. Para. (11) formerly read as follows: ``Chapter 63 (relating to
    leave for CONUS employees).''
    ---------------------------------------------------------------------------
              (13) \90\ Chapter 71 (relating to labor relations).
              (14) \90\ Subchapters II and III of chapter 73
            (relating to employment limitations and political
            activities, respectively) and all provisions of title 5
            relating to the administration or enforcement or any
            other aspect thereof, as identified in regulations
            prescribed by the Commission in consultation with the
            Office of Personnel Management.
              (15) \90\ Chapter 81 (relating to compensation for
            work injuries).
              (16) \90\ Chapters 83 and 84 (relating to
            retirement).
              (17) \90\ Chapter 85 (relating to unemployment
            compensation).
              (18) \90\ Chapter 87 (relating to life insurance).
              (19) \90\ Chapter 89 (relating to health insurance).
        Sec. 1225.\92\ * * * [Repealed--1997]
    ---------------------------------------------------------------------------
        \92\ Formerly at 22 U.S.C. 3665. Sec. 3523(a)(3) of Public Law 105-
    85 (111 Stat. 2065) repealed sec. 1225, relating to minimum level of
    pay; minimum annual increases.
    ---------------------------------------------------------------------------

             Subchapter III--Conditions of Employment and Placement

                      transferred or reemployed employees

        Sec. 1231.\93\ (a) \94\ (1) With respect to any individual
    employed in the Panama Canal Company or the Canal Zone
    Government--
    ---------------------------------------------------------------------------
        \93\ 22 U.S.C. 3671.
        \94\ Sec. 3537 of Public Law 104-201 (110 Stat. 2864) repealed
    subsec. (a)(3), which had provided, in part, ``(C) Effective October 1,
    1979, any individual who, but for subparagraph (B) of this paragraph,
    would have been entitled to one or more payments pursuant to this
    subsection for periods before October 1, 1979, shall be entitled, to
    the extent or in such amounts as are provided in advance in
    appropriation Acts, to a lump sum payment equal to the total amount of
    all such payments.''.
    ---------------------------------------------------------------------------
              (A) who is transferred--
                      (i) to a position in the Commission; or
                      (ii) to a position in an Executive agency or
                    in the Smithsonian Institution the permanent
                    duty station of which is in the Republic of
                    Panama (including the area known before October
                    1, 1979, as the Canal Zone); or
              (B) who is separated by reason of a reduction in
            force on September 30, 1979, and is appointed to a
            position in the Commission before April 1, 1980;
    the terms and conditions of employment set forth in paragraph
    (2) of this subsection shall be generally no less favorable, on
    or after the date of the transfer referred to in subparagraph
    (A) of this paragraph or the date of the appointment referred
    to in subparagraph (B) of this paragraph as the case may be,
    than the terms and conditions of employment with the Panama
    Canal Company and Canal Zone Government on September 30, 1979,
    or, in the case of a transfer described in subparagraph (A)(ii)
    of this paragraph which takes place before that date, on the
    date of the transfer.
        (2) \95\ The terms and conditions of employment referred to
    in paragraph (10 of this subsection are the following:
    ---------------------------------------------------------------------------
        \95\ Sec. 3507(a) of Public Law 105-261 (112 Stat. 2269) struck out
    subparas. (A) (rates of basic pay), (B) (tropical differential), (F)
    (leave and travel), (G) (transportation and repatriation benefits), and
    (H) (group health and life insurance), effective 11:59 p.m. (Eastern
    Standard Time), December 30, 1999.
    ---------------------------------------------------------------------------
              (C) premium pay and night differential;
              (D) reinstatement and restoration rights;
              (E) injury and death compensation benefits;
              (I) reduction-in-force rights;
              (J) an employee grievance system, and the right to
            appeal adverse and disciplinary actions and positions
            classification actions;
              (K) veterans' preference eligibility;
              (L) holidays;
              (M) severance pay benefits.
        (b) Any individual described in subsection (a)(1)(B) of
    this section who would have met the service requirement for
    early retirement benefits under section 8336(i) or 8339(d)(2)
    of title 5, United States Code (as amended by sections 1241(a)
    and 1242 of this Act, respectively), but for a break in service
    of more than 3 days immediately after September 30, 1979, shall
    be considered to meet that requirement. Any break in service by
    any such individual for purposes of section 8332 of such title
    5 during the period beginning September 30, 1979, and ending on
    the date of the appointment referred to in such subsection
    (a)(1)(B) shall be considered a period of creditable service
    under such section 8332 for such individual, except that such
    period shall not be taken into account for purposes of
    determining average pay (as defined in section 8331(4) of such
    title 5) and no deduction, contribution, or deposit shall be
    required for that period under section 8334 of such title 5.
        (c)(1) Section 5(c) of the Defense Department Overseas
    Teachers Pay and Personnel Practices Act (20 U.S.C. 903(c))
    shall not apply with respect to any teacher who was employed by
    the Canal Zone Government school system on September 30, 1979,
    and who was transferred from such position to a teaching
    position which is under the Department of Defense Overseas
    Dependent School System and the permanent duty station of which
    is in the Republic of Panama, until the rates of basic
    compensation established under section 5(c) of such Act equal
    or exceed the rates of basic compensation then in effect for
    teachers who were so transferred.
        (2) Section 6(a)(2) of the Defense Department Overseas
    Teachers Pay and Personnel Practices Act (20 U.S.C. 904(a)(2))
    shall not apply with respect to any teacher who was employed by
    the Canal Zone Government school system on September 30, 1979,
    and who was transferred from such position to a teaching
    position which is under the Department of Defense Overseas
    Dependent School System and the permanent duty station of which
    is in the Republic of Panama.
        (3)(A) The head of a department or agency of the United
    States may grant a sabbatical to any teacher to whom paragraph
    (1) of this subsection applies for not to exceed 11 months in
    order to permit the teacher to engage in study or uncompensated
    work experience which is in the United States and which will
    contribute to the teacher's development and effectiveness.
    Basic compensation shall be paid to teachers on sabbatical
    under this section in the same manner and to the same extent as
    basic compensation would have been paid to teachers on
    sabbatical while employed in the Canal Zone Government school
    system on September 30, 1979.\96\ A sabbatical shall not result
    in a loss of, or reduction in, leave to which the teacher is
    otherwise entitled, credit for time or service, or performance
    or efficiency rating. The head of the department or agency may
    authorize in accordance with chapter 57 of title 5, United
    States Code, such travel expenses (including per diem
    allowance) as the head of the department or agency may
    determine to be essential for the study or experience.
    ---------------------------------------------------------------------------
        \96\ Sec. 3550(d)(2)(C) of Public Law 105-85 (111 Stat. 2074)
    struck out ``the day before the effective date of this Act'' and
    inserted in lieu thereof ``September 30, 1979''.
    ---------------------------------------------------------------------------
        (B) A sabbatical under this paragraph may not be granted to
    any teacher--
              (i) more than once in any 10-year period;
              (ii) unless the teacher has completed 7 years of
            service as a teacher; and
              (iii) if the teacher is eligible for voluntary
            retirement with a right to an immediate annuity.
        (C)(i) Any teacher in a department or agency of the United
    States may be granted a sabbatical under this paragraph only if
    the teacher agrees, as a condition of accepting the sabbatical,
    to serve in the civil service upon the completion of the
    sabbatical for a period of two consecutive years.
        (ii) Each agreement required under clause (i) of this
    subparagraph shall provide that in the event the teacher fails
    to carry out the agreement (except for good and sufficient
    reason as determined by the head of the department or agency
    that granted the sabbatical), the teacher shall be liable to
    the United States for payment of all expenses (including
    salary) of the sabbatical. The amount shall be treated as a
    debt due the United States.
        (d) Sections 5595(a)(2)(iii), 5724a(a) (3) and (4), and
    8102(b) of title 5, United States Code, are each amended by
    striking out ``Canal Zone'' each place it appears and inserting
    in lieu thereof ``areas and installations in the Republic of
    Panama made available to the United States pursuant to the
    Panama Canal Treaty of 1977 and related agreements (as
    described in section 3(a) of the Panama Canal Act of 1979)''.

                                   placement

        Sec. 1232.\97\ (a) Any citizen of the United States--
    ---------------------------------------------------------------------------
        \97\ 22 U.S.C. 3672.
    ---------------------------------------------------------------------------
              (1) who, on March 31, 1979, was an employee of the
            Panama Canal Company or the Canal Zone Government;
              (2) who separates or is scheduled to separate on or
            after such date for any reason other than misconduct or
            delinquency; and
              (3) who is not placed in another appropriate position
            in the Government of the United States in the Republic
            of Panama;
    shall, upon the employee's request, be accorded appropriate
    assistance for placement in vacant positions in the Government
    of the United States in the United States.
        (b) Any citizen of the United States--
              (1) who, on March 31, 1979, was employed in the Canal
            Zone as an employee of an Executive agency (other than
            the Panama Canal Company or the Canal Zone Government)
            or the Smithsonian Institution;
              (2) whose position is eliminated as the result of the
            implementation of any provision of the Panama Canal
            Treaty of 1977 and related agreements; and
              (3) who is not appointed to another appropriate
            position in the Government of the United States in the
            Republic of Panama;
    shall, upon the employee's request, be accorded appropriate
    assistance for placement in vacant positions in the Government
    of the United States in the United States.
        (c) The Office of Personnel Management shall establish and
    administer a Government-wide placement program for all eligible
    employees who request appointment to positions under this
    section.
        (d) The provisions of this section shall take effect on the
    date of the enactment of this Act.

                    transition separation incentive payments

        Sec. 1233.\98\ (a) In applying to the Commission and
    employees of the Commission the provisions of section 663 of
    the Treasury, Postal Service, and General Government
    Appropriations Act, 1997 (as contained in section 101(f) of
    division A of Public Law 104-208; 110 Stat. 3009-383), relating
    to voluntary separation incentives for employees of certain
    Federal agencies (in this section referred to as ``section
    663'')--
    ---------------------------------------------------------------------------
        \98\ 22 U.S.C. 3673. Sec. 3526 of Public Law 105-85 (111 Stat.
    2067) added sec. 1233.
    ---------------------------------------------------------------------------
              (1) the term ``employee'' shall mean an employee of
            the Commission who has served in the Republic of Panama
            in a position with the Commission for a continuous
            period of at least three years immediately before the
            employee's separation under an appointment without time
            limitation and who is covered under the Civil Service
            Retirement System or the Federal Employees' Retirement
            System under subchapter III of chapter 83 or chapter
            84, respectively, of title 5, United States Code, other
            than--
                      (A) an employee described in any of
                    subparagraphs (A) through (F) of subsection
                    (a)(2) of section 663; or
                      (B) an employee of the Commission who, during
                    the 24-month period preceding the date of
                    separation, has received a recruitment or
                    relocation bonus under section 1217(c) of this
                    Act or who, within the 12-month period
                    preceding the date of separation, received a
                    retention bonus under section 1217(d) of this
                    Act;
              (2) the strategic plan under subsection (b) of
            section 663 shall include (in lieu of the matter
            specified in subsection (b)(2) of that section)--
                      (A) the positions to be affected, identified
                    by occupational category and grade level;
                      (B) the number and amounts of separation
                    incentive payments to be offered; and
                      (C) a description of how such incentive
                    payments will facilitate the successful
                    transfer of the Panama Canal to the Republic of
                    Panama;
              (3) a separation incentive payment under section 663
            may be paid to a Commission employee only to the extent
            necessary to facilitate the successful transfer of the
            Panama Canal by the United States of America to the
            Republic of Panama as required by the Panama Canal
            Treaty of 1977;
              (4) such a payment--
                      (A) may be in an amount determined by the
                    Commission not to exceed $25,000; and
                      (B) may be made (notwithstanding the
                    limitation specified in subsection (c)(2)(D) of
                    section 663) in the case of an eligible
                    employee who voluntarily separates (whether by
                    retirement or resignation) during the 90-day
                    period beginning on the date of the enactment
                    of this section or during the period beginning
                    on October 1, 1998, and ending on December 31,
                    1998;
              (5) in the case of not more than 15 employees who (as
            determined by the Commission) are unwilling to work for
            the Panama Canal Authority after the Canal Transfer
            Date and who occupy critical positions for which (as
            determined by the Commission) at least two years of
            experience is necessary to ensure that seasoned
            managers are in place on and after the Canal Transfer
            Date, such a payment (notwithstanding paragraph (4))--
                      (A) may be in an amount determined by the
                    Commission not to exceed 50 percent of the
                    basic pay of the employee; and
                      (B) may be made (notwithstanding the
                    limitation specified in subsection (c)(2)(D) of
                    section 663) in the case of such an employee
                    who voluntarily separates (whether by
                    retirement or resignation) during the 90-day
                    period beginning on the date of the enactment
                    of this section; and
              (6) the provisions of subsection (f) of section 663
            shall not apply.
        (b) A decision by the Commission to exercise or to not
    exercise the authority to pay a transition separation incentive
    under this section shall not be subject to review under any
    statutory procedure or any agency or negotiated grievance
    procedure except under any of the laws referred to in section
    2302(d) of title 5, United States Code.

                           Subchapter IV--Retirement

                          early retirement eligibility

        Sec. 1241.\99\ * * *
    ---------------------------------------------------------------------------
        \99\ Sec. 1241 amended sec. 8336 of title 5, United States Code, to
    clarify eligibility requirements for early retirement of Panama Canal
    Company and Commission employees.
    ---------------------------------------------------------------------------

                          early retirement computation

        Sec. 1242.\100\ * * *
    ---------------------------------------------------------------------------
        \100\ Sec. 1242 amended sec. 8339(d) of title 5, United States
    Code, to clarify early retirement computation for Panama Canal Company
    and Commission employees.
    ---------------------------------------------------------------------------

                   retirement under special treaty provisions

        Sec. 1243.\101\ (a)(1) Subject to subsection (b) of this
    section, and under such regulations as the President may
    prescribe, the Secretary of the Treasury shall pay to the
    Social Security System of the Republic of Panama, out of funds
    deposited in the Treasury of the United States to the credit of
    the Civil Service Retirement and Disability Fund under section
    8334(a)(2) of title 5, United States Code, such sums of money
    as may be necessary to aid in the purchase of a retirement
    equity in such System for each individual who--
    ---------------------------------------------------------------------------
        \101\ 22 U.S.C. 3681.
    ---------------------------------------------------------------------------
              (A) meets the requirements of paragraph (2) of this
            subsection;
              (B) is separated from employment in the Panama Canal
            Company, the Canal Zone Government, or the Commission
            by reason of the implementation of any provision of the
            Panama Canal Treaty of 1977 and related agreements; and
              (C) becomes employed in a position covered by the
            Social Security System of the Republic of Panama
            through the transfer of a function or activity to the
            Republic of Panama from the United States or through a
            job placement assistance program.
        (2) This subsection applies with respect to any individual
    only if the individual--
              (A) has been credited with at least 5 years of
            civilian service under section 8332 of title 5, United
            States Code, relating to creditable service for
            purposes of civil service retirement;
              (B) is not eligible for an immediate retirement
            annuity under chapter 83 of title 5, United States
            Code, relating to civil service retirement, and elects
            not to receive a deferred annuity under that chapter
            based on any portion of that service; and
              (C) elects to withdraw from the Civil Service
            Retirement and Disability Fund the individual's entire
            lump-sum credit (as defined in section 8331(8) of title
            5, United States Code) and to transfer that amount to
            the Social Security System of the Republic of Panama
            pursuant to the special regime referred to in paragraph
            3 of Article VIII of the Agreement in implementation of
            Article III of the Panama Canal Treaty of 1977.
        (b) The amount paid to the Social Security System of the
    Republic of Panama with respect to any individual under
    subsection (a) of this section shall not exceed the
    individual's entire lump-sum credit (as so defined).
        (c)(1) Pursuant to paragraph 2(b) of Annex C to the
    Agreement in Implementation of Article IV of the Panama Canal
    Treaty of 1977, the President, or the President's designee,
    shall purchase from a source determined by the President to be
    appropriate, in accordance with such regulations as the
    President or the President's designee may prescribe and to such
    extent or in such amounts as may be provided in advance in
    appropriation Acts, a nontransferable deferred annuity for the
    benefit of each employee of an agency or instrumentality of the
    Government of the United States in the Republic of Panama--
              (A) who is not a citizen of the United States;
              (B) who was employed on October 1, 1979, and during
            any period before that date by an agency or
            instrumentality of the Government of the United States
            at any permanent duty station in the Republic of Panama
            (including, with respect to employment before that
            date, the area then known as the Canal Zone);
              (C) who, for any period of service with such agency
            or instrumentality before October 1, 1979, at any such
            permanent duty station was not covered, by reason of
            that service, by the United States Civil Service
            Retirement System or any other Federal retirement
            system providing benefits similar to those retirement
            benefits provided by the Social Security System of the
            Republic of Panama; and
              (D) who on October 1, 1979, is under a Federal
            retirement system and, on or before that date, has
            accrued in one or more agencies or instrumentalities of
            the United States a total of 5 years or more of service
            which--
                      (i) is creditable toward any Federal
                    retirement system as in effect on October 1,
                    1979;
                      (ii) would have been creditable toward any
                    such retirement system if the retirement system
                    were in effect at the time of the service
                    accrued by the employee; or
                      (iii) consists of any combination of service
                    described in clauses (i) and (ii) of this
                    subparagraph.
        (2) The retirement annuity referred to in paragraph (1) of
    this subsection with respect to any employee will cover
    retroactively,\102\ from October 1, 1979, all periods of
    service, described in subparagraph (D) of that paragraph, by
    that employee at any permanent duty station in the Republic of
    Panama (including the area known before that date as the Canal
    Zone) in agencies and instrumentalities of the Government of
    the United States during which that employee was not covered by
    the United States Civil Service Retirement System or any other
    Federal retirement system providing benefits similar to those
    retirement benefits provided by the Social Security System of
    the Republic of Panama.
    ---------------------------------------------------------------------------
        \102\ Sec. 3550(d)(6) of Public Law 105-85 (111 Stat. 2074) struck
    out ``retroactivity'' and inserted in lieu thereof ``retroactively''.
    ---------------------------------------------------------------------------

                obligation of commission for unfunded liability

        Sec. 1244.\103\ * * *
    ---------------------------------------------------------------------------
        \103\ Sec. 1244 amended sec. 8384 of title 5, United States Code.
    ---------------------------------------------------------------------------

                 administration of certain disability benefits

        Sec. 1245.\104\ (a)(1) The Commission, or any other United
    States Government agency or private entity acting pursuant to
    an agreement with the Commission, under the Act entitled ``An
    Act authorizing cash relief for certain employees of the Panama
    Canal not coming within the provisions of the Canal Zone
    Retirement Act'', approved July 8, 1937 (50 Stat. 478; 68 Stat.
    17), may continue the payments of cash relief to those
    individual former employees of the Canal Zone Government or
    Panama Canal Company or their predecessor agencies not coming
    within the scope of the former Canal Zone Retirement Act whose
    services were terminated prior to October 5, 1958, because of
    unfitness for further useful service by reason of mental or
    physical disability resulting from age or disease.
    ---------------------------------------------------------------------------
        \104\ 22 U.S.C. 3682. Sec. 3538 of Public Law 104-201 (110 Stat.
    2864) amended and restated the catchline and all of subsec. (a). Sec.
    3548(c)(2) of that Act also amended the catchline to read
    ``administration of certain disability benefits''. Subsec. (a) formerly
    read as follows:
        ``(a) The Commission, under the regulation prescribed by the
    President pursuant to the Act entitled `An Act authorizing cash relief
    for certain employees of the Panama Canal not coming within the
    provisions of the Canal Zone Retirement Act', approved July 8, 1937, as
    amended (50 Stat. 478; 68 Stat. 17), may continue the payments of cash
    relief to those individual former employees of the Canal Zone
    Government or Panama Canal Company or their predecessor agencies not
    coming within the scope of the former Canal Zone Retirement Act whose
    services were terminated prior to October 5, 1958, because of unfitness
    for further useful service by reason of mental or physical disability
    resulting from age or disease. Subject to subsection (b) of this
    section, that cash relief may not exceed $1.50 per month for each year
    of service of the employees so furnished relief, with a maximum of $45
    per month, plus the amount of any cost-of-living increases in such cash
    relief granted before October 1, 1979, pursuant to section 181 of title
    2 of the Canal Zone Code (as in effect on September 30, 1979), nor be
    paid to any employee who, at the time of termination for disability
    prior to October 5, 1958, had less than 10 years' service with the
    Canal Zone Government, the Panama Canal Company, or their predecessor
    agencies on the Isthmus of Panama.''.
    ---------------------------------------------------------------------------
        (2) Subject to subsection (b), cash relief under this
    subsection may not exceed $1.50 per month for each year of
    service of the employees so furnished relief, with a maximum of
    $45 per month, plus the amount of any cost-of-living increases
    in such cash relief granted before October 1, 1979, pursuant to
    section 181 of title 2 of the Canal Zone Code (as in effect on
    September 30, 1979), nor be paid to any employee who, at the
    time of termination for disability prior to October 5, 1958,
    had less than 10 years' service with the Canal Zone Government,
    the Panama Canal Company, or their predecessor agencies on the
    Isthmus of Panama.
        (b) An additional amount of $20 per month shall be paid to
    each person who receives payment of cash relief under
    subsection (a) of this section and shall be allowed without
    regard to the limitations contained therein.
        (c) Each cash relief payment made pursuant to this section
    shall be increased on the same effective date and by the same
    percent, adjusted to the nearest dollar, as civil service
    retirement annuities are increased under the cost-of-living
    adjustment provisions of section 8340(b) of title 5, United
    States Code. Such increase shall apply only to cash relief
    payments made after October 1, 1979, as increased by annuity
    increases made after that date under such section 8340(b).
        (d) The Commission may pay cash relief to the widow of any
    former employee of the Canal Zone Government or the Panama
    Canal Company who, until the time of his death, receives or has
    received cash relief under subsection (a) of this section,
    under section 181 of title 2 of the Canal Zone Code (as in
    effect on September 30, 1979), or under the Act of July 8,
    1937, referred to in such subsection (a). The term ``widow'' as
    used in this subsection includes only the following:
              (1) a woman legally married to such employee at the
            time of his termination for disability and at his
            death;
              (2) a woman who, although not legally married to such
            former employee at the time of his termination, had
            resided continuously with him for at least five years
            immediately preceding the employee's termination under
            such circumstances as would at common law make the
            relationship a valid marriage and who continued to
            reside with him until his death; and
              (3) a woman who has not remarried or assumed a
            common-law relationship with any other person.

    Cash relief granted to such a widow shall not at any time
    exceed 50 percent of the rate at which cash relief, inclusive
    of any additional payment under subsection (b) of this section,
    would be payable to the former employee were he then alive.
        (e) Subchapter III of chapter 83 of title 5, United States
    Code, applies with respect to those individuals who were in the
    service of the Canal Zone Government or the Panama Canal
    Company on October 5, 1958, and who, except for the operation
    of section 13(a)(1) of the Act entitled ``An Act to implement
    item 1 of a Memorandum of Understanding attached to the treaty
    of January 25, 1955, entered into by the Government of the
    United States of America and the Government of the Republic of
    Panama with respect to wage and employment practices of the
    Government of the United States of America in the Canal Zone'',
    approved July 25, 1958 (72 Stat. 405), would have been within
    the classes of individuals subject to the Act of July 8, 1937,
    referred to in subsection (a) of this section.
        Sec. 1246.\105\ * * * [Repealed--1996]
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        \105\ Formerly at 22 U.S.C. 3683. Sec. 3546(a)(6) of Public Law
    104-201 (110 Stat. 2867) repealed sec. 1246, relating to appliances
    (such as artificial limbs) for employees injured before September 7,
    1916.
    ---------------------------------------------------------------------------

                              Subchapter V--Leave

        Sec. 1251.\106\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \106\ Sec. 3546(a)(7) of Public Law 104-201 (110 Stat. 2868)
    repealed sec. 1251. Sec. 1251 had related to leave for jury or witness
    service, amending sec. 6322(a) of title 5, United States Code.
    ---------------------------------------------------------------------------

                Subchapter VI--Application to Related Personnel

      law enforcement; canal zone civilian personnel policy coordination
                            board; related employees

        Sec. 1261.\107\ (a) For the purposes of sections 1206,
    1231, 1232, 1241, and 1242 of this Act, including any amendment
    made by those sections, the United States Attorney for the
    District of the Canal Zone and the Assistant United States
    Attorneys and their clerical assistants, and the United States
    Marshal for the District of the Canal Zone and his deputies and
    clerical assistants shall be considered employees of the
    Commission.
    ---------------------------------------------------------------------------
        \107\ 22 U.S.C. 3691.
    ---------------------------------------------------------------------------
        (b) For the purposes of this Act, including any amendment
    made by this Act, the Executive Director of the Canal Zone
    Civilian Personnel Policy Coordinating Board, the Manager,
    Central Examining Office, and their staffs shall be considered
    to have been employees of the Panama Canal Company with respect
    to service in those positions before October 1, 1979, and as
    employees of the Commission with respect to service in those
    positions on or after that date.
        (c) The provisions of this section shall take effect on the
    date of the enactment of this Act.

                   Subchapter VII--Labor-Management Relations

                           labor-management relations

        Sec. 1271.\108\ (a) Nothing in this Act shall be construed
    to affect the applicability of chapter 71 of title 5, United
    States Code, relating to labor-management and employee
    relations, with respect to the Commission or the operations of
    any other Executive agency conducted in that area of the
    Republic of Panama which, on September 30, 1979, was the Canal
    Zone, except that in applying those provisions--
    ---------------------------------------------------------------------------
        \108\ 22 U.S.C. 3701.
    ---------------------------------------------------------------------------
              (1) the definition of ``employee'' shall be applied
            without regard to clause (i) of section 7103(a)(2) of
            such title 5 which relates to nationality and
            citizenship; \109\
    ---------------------------------------------------------------------------
        \109\ Sec. 3505(1) of the Panama Canal Commission Authorization Act
    for Fiscal Year 1994 (title XXXV of the National Defense Authorization
    Act for Fiscal Year 1994; Public Law 103-160; 107 Stat. 1966) struck
    out ``and'' at the end of para. (1). Sec. 3505(2) struck out
    ``supervisors.'' at the end of para. (2), and inserted in lieu thereof
    ``supervisors; and''. Sec. 3505(3) added new para. (3).
        Sec. 3506 of that Act further provided that paragraph (3) ``shall
    take effect on the date of the enactment of this Act [November 30,
    1993] and shall apply with respect to grievances arising on or after
    such date.''.
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              (2) a unit shall be considered to be appropriate
            notwithstanding the fact that it includes any
            supervisor if that supervisor's position (or type of
            position) was, before October 1, 1979, represented
            before the Panama Canal Company by a labor organization
            that included employees who were not supervisors; and
            \109\
              (3) \109\ any negotiated grievance procedures under
            section 7121 of title 5, United States Code, including
            any provisions relating to binding arbitration, shall,
            with respect to any personnel action to which
            subchapter II of chapter 75 of such title applies (as
            determined under section 7512 of such title), be
            available to the same extent and in the same manner as
            if employees of the Panama Canal Commission were not
            excluded from such subchapter under section 7511(b)(8)
            of such title.
        (b) Labor-management and employee relations of the
    Commission, other Executive agencies, and the Smithsonian
    Institution, their employees, and organizations of those
    employees, in connection with operations conducted in that area
    of the Republic of Panama which, on September 30, 1979, was the
    Canal Zone, shall be governed and regulated solely by the
    applicable laws, rules, and regulations of the United States.
        (c) \110\ (1) This subsection applies to any matter that
    becomes the subject of collective bargaining between the
    Commission and the exclusive representative for any bargaining
    unit of employees of the Commission during the period beginning
    on the date of the enactment of this subsection and ending on
    the Canal Transfer Date.
    ---------------------------------------------------------------------------
        \110\ Sec. 3527 of Public Law 105-85 (111 Stat. 2068) added subsec.
    (c).
    ---------------------------------------------------------------------------
        (2)(A) The resolution of impasses resulting from collective
    bargaining between the Commission and any such exclusive
    representative during that period shall be conducted in
    accordance with such procedures as may be mutually agreed upon
    between the Commission and the exclusive representative
    (without regard to any otherwise applicable provisions of
    chapter 71 of title 5, United States Code). Such mutually
    agreed upon procedures shall become effective upon transmittal
    by the Chairman of the Supervisory Board of the Commission to
    the Congress of notice of the agreement to use those procedures
    and a description of those procedures.
        (B) The Federal Services Impasses Panel shall not have
    jurisdiction to resolve any impasse between the Commission and
    any such exclusive representative in negotiations over a
    procedure for resolving impasses.
        (3) If the Commission and such an exclusive representative
    do not reach an agreement concerning a procedure for resolving
    impasses with respect to a bargaining unit and transmit notice
    of the agreement under paragraph (2) on or before July 1, 1998,
    the following shall be the procedure by which collective
    bargaining impasses between the Commission and the exclusive
    representative for that bargaining unit shall be resolved:
              (A) If bargaining efforts do not result in an
            agreement, either party may timely request the Federal
            Mediation and Conciliation Service to assist in
            achieving an agreement.
              (B) If an agreement is not reached within 45 days
            after the date on which either party requests the
            assistance of the Federal Mediation and Conciliation
            Service in writing (or within such shorter period as
            may be mutually agreed upon by the parties), the
            parties shall be considered to be at an impasse and the
            Federal Mediation and Conciliation Service shall
            immediately notify the Federal Services Impasses Panel
            of the Federal Labor Relations Authority, which shall
            decide the impasse.
              (C) If the Federal Services Impasses Panel fails to
            issue a decision within 90 days after the date on which
            notice under subparagraph (B) is received by the Panel
            (or within such shorter period as may be mutually
            agreed upon by the parties), the efforts of the Panel
            shall be terminated.
              (D) In such a case, the Chairman of the Panel (or
            another member in the absence of the Chairman) shall
            immediately determine the matter by a drawing
            (conducted in such manner as the Chairman (or, in the
            absence of the Chairman, such other member) determines
            appropriate) between the last offer of the Commission
            and the last offer of the exclusive representative,
            with the offer chosen through such drawing becoming the
            binding resolution of the matter.
        (4) In the case of a notice of agreement described in
    paragraph (2)(A) that is transmitted to the Congress as
    described in the second sentence of that paragraph after July
    1, 1998, the impasse resolution procedures covered by that
    notice shall apply to any impasse between the Commission and
    the other party to the agreement that is unresolved on the date
    on which that notice is transmitted to the Congress.

                         Chapter 3--Funds and Accounts

                              Subchapter I--Funds

        Sec. 1301.\111\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \111\ Formerly at 22 U.S.C. 3711. Sec. 3546(a)(8) of Public Law
    104-201 (110 Stat. 2868) repealed sec. 1301, relating to Canal Zone
    Government funds.
    ---------------------------------------------------------------------------

                          panama canal revolving fund

        Sec. 1302.\112\ (a) There is established in the Treasury of
    the United States a revolving fund to be known as `Panama Canal
    Revolving Fund'. The Panama Canal Revolving Fund shall, subject
    to subsection (b), be available to the Commission to carry out
    the purposes, functions, and powers authorized by this Act,
    including for the following purposes: \113\
    ---------------------------------------------------------------------------
        \112\ 22 U.S.C. 3712. Sec. 3539 of Public Law 104-201 (110 Stat.
    2865) amended and restated sec. 1302.
        Previously, sec. 5422 of the Omnibus Budget Reconciliation Act of
    1987 (Public Law 100-203; 101 Stat. 1330-271) retitled sec. 1302 and
    inserted new text for subsecs. (a) through (e). Sec. 9 of Public Law
    100-705 (102 Stat. 4687), sec. 3521(b)(1) of Public Law 102-484 (106
    Stat. 2657), and sec. 3525 of Public Law 104-106 (110 Stat. 640) also
    amended sec. 1302 prior to its restatement.
        \113\ Sec. 3528(b)(1) of the Panama Canal Transition Facilitation
    Act of 1997 (subtitle B of title XXXV of Public Law 105-85; 111 Stat.
    2068) struck out ``for--'' and inserted in lieu thereof ``for the
    following purposes:''. Para. (2) of that subsection amended paras. (1)
    through (9) by capitalizing the first letter of each word in each
    paragraph. Para. (3) of that subsection struck out a semicolon at the
    end of each of paras. (1) through (7), and inserted in lieu thereof a
    period. Para. (4) of that subsection struck out ``; and'' at the end of
    para. (8) and inserted in lieu thereof a period.
    ---------------------------------------------------------------------------
              (1) The hire of passenger motor vehicles and
            aircraft.
              (2) Uniforms or allowances therefor.
              (3) Official receptions and representation expenses
            of the Board, the Secretary of the Commission, and the
            Administrator.
              (4) The operation of guide services.
              (5) A residence for the Administrator.
              (6) Disbursements by the Administrator for employee
            and community projects.
              (7) The procurement of expert and consultant
            services.
              (8) Promotional activities, including the
            preparation, distribution, or use of any kit, pamphlet,
            booklet, publication, radio, television, film, or other
            media presentation designed to promote the Panama Canal
            as a resource of the world shipping industry.
              (9) The purchase and transportation to the Republic
            of Panama of passenger motor vehicles, including large,
            heavy-duty vehicles.
              (10) \114\ Payment to the Panama Canal Authority, not
            later than the Canal Transfer Date, of such amount as
            is computed by the Commission to be the future amount
            of severance pay to be paid by the Panama Canal
            Authority to employees whose employment with the
            Authority is terminated, to the extent that such
            severance pay is attributable to periods of service
            performed with the Commission before the Canal Transfer
            Date (and assuming for purposes of such computation
            that the Panama Canal Authority, in paying severance
            pay to terminated employees, will provide for crediting
            of periods of service with the Commission).
    ---------------------------------------------------------------------------
        \114\ Sec. 3528(a) of Public Law 105-85 (111 Stat. 2069) added
    para. (10).
    ---------------------------------------------------------------------------
      (b)(1) There shall be deposited in the Panama Canal Revolving
    Fund, on a continuing basis, toll receipts (other than amounts
    of toll receipts deposited into the Panama Canal Commission
    Dissolution Fund under section 1305) and all other receipts of
    the Commission. Except as provided in section 1303, no funds
    may be obligated or expended by the Commission in any fiscal
    year unless such obligation or expenditure has been
    specifically authorized by law.
        (2) No funds may be authorized for the use of the
    Commission, or obligated or expended by the Commission in any
    fiscal year; in excess of--
              (A) the amount of revenues deposited in the Panama
            Canal Revolving Fund and the Panama Canal Commission
            Dissolution Fund during such fiscal year; plus
              (B) the amount of revenues deposited in the Panama
            Canal Revolving Fund before such fiscal year and
            remaining unobligated at the beginning of such fiscal
            year; plus
              (C) the $100,000,000 borrowing authority provided for
            in section 1304 of this Act.
    Not later than 30 days after the end of each fiscal year, the
    Secretary of the Treasury shall report to the Congress the
    amount of revenues deposited in the Panama Canal Revolving Fund
    during such fiscal year.
        (c) With the approval of the Secretary of the Treasury, the
    Commission may deposit amounts in the Panama Canal Revolving
    Fund in any Federal Reserve bank, any depositary for public
    funds, or such other place and in such manner as the Commission
    and the Secretary may agree.
        (d)(1) It is the sense of the Congress that the additional
    costs resulting from the implementation of the Panama Canal
    Treaty of 1977 and related agreements should be kept to the
    absolute minimum level. To this end, the Congress declares
    appropriated costs of implementation to be borne by the
    taxpayers over the life of such Treaty should be kept to a
    level no greater than the March 1979 estimate of those costs
    ($870,700,000) presented to the Congress by the executive
    branch during consideration of this Act by the Congress, less
    personnel retirement costs of $205,000,000, which were
    subtracted and charged to tolls, therefore resulting in net
    taxpayer cost of approximately $665,700,000, plus appropriate
    adjustments for inflation.
        (2) It is further the sense of the Congress that the actual
    costs of implementation be consistent with the obligations of
    the United States to operate the Panama Canal safely and
    efficiently and keep it secure.
        (e)(1) \115\ The Panama Canal Commission and the Office of
    Transition Administration (described in section 3504 of Public
    Law 106-65) shall terminate on October 1, 2004.
    ---------------------------------------------------------------------------
        \115\ Sec. 121 of Public Law 108-309 (118 Stat. 1140) added subsec.
    (e).
    ---------------------------------------------------------------------------
        (2) Upon termination pursuant to paragraph (1), the Panama
    Canal Revolving Fund shall be transferred to the General
    Services Administration (GSA). GSA shall use the amounts in the
    Fund to make payments of any outstanding liabilities of the
    Commission, as well as any expenses associated with the
    termination of the Office of Transition Administration and the
    Commission. The fund shall be the exclusive source available
    for payment of any outstanding liabilities of the Commission.

                              emergency authority

        Sec. 1303.\116\ If authorizing legislation described in
    section 1302(b)(1) \117\ has not been enacted for a fiscal
    year, then the Commission may withdraw funds from the Panama
    Canal Revolving Fund in order to defray emergency expenses and
    to ensure the continuous, efficient, and safe operation of the
    Panama Canal, including expenses for capital projects.\118\ The
    authority of this section may be exercised only until
    authorizing legislation described in section 1302(b)(1) \117\
    is enacted, or for a period of 24 months after the end of the
    fiscal year for which such authorizing legislation was last
    enacted, whichever occurs first. Within 60 days after the end
    of any calendar quarter in which expenditures are made under
    this section, the Commission shall report such expenditures to
    the appropriate committees of the Congress.
    ---------------------------------------------------------------------------
        \116\ 22 U.S.C. 3713. Sec. 5423 of Public Law 100-203 (101 Stat.
    1330-273) amended the title and substantially restated sec. 1303.
    Earlier text authorized the Secretary of the Treasury to establish and
    maintain a Panama Canal Emergency Fund.
        \117\ Sec. 3548(b)(2) of Public Law 104-201 (110 Stat. 2869) struck
    out ``section 1302(c)(1)'' and inserted in lieu thereof ``section
    1302(b)(1)''.
        \118\ Sec. 3529(2) of Public Law 104-106 (110 Stat. 642) struck out
    ``The authority of this section may not be used for administrative
    expenses.'' at this point.
    ---------------------------------------------------------------------------

                              borrowing authority

        Sec. 1304.\119\ (a) The Panama Canal Commission may borrow
    from Treasury, for any of the purposes of the commission, not
    more than $100,000,000 outstanding at any time. For this
    purpose, the Commission may issue to the Secretary of the
    Treasury its notes or other obligations--
    ---------------------------------------------------------------------------
        \119\ 22 U.S.C. 3714. Sec. 5424(a) of Public Law 100-203 (101 Stat.
    1330-273) added sec. 1304.
    ---------------------------------------------------------------------------
              (1) which shall have maturities (of not later than
            December 31, 1999) agreed upon by the Commission and
            the Secretary of the Treasury, and
              (2) which may be redeemable at the option of the
            Commission before maturity.
        (b) Amounts borrowed under this section shall not be
    available for payments to Panama under Article XIII of the
    Panama Canal Treaty of 1977.
        (c) Amounts borrowed under this section shall increase the
    investment of the United States in the Panama Canal, and
    repayment of such amount shall decrease such investment.
        (d) The Commission shall report to the Congress and to the
    Office of Management and Budget on each exercise of borrowing
    authority under this section.

                           dissolution of commission

        Sec. 1305.\120\ (a)(1) The Commission shall conduct a study
    of--
    ---------------------------------------------------------------------------
        \120\ 22 U.S.C. 3714a. Sec. 3521(a) of the National Defense
    Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat.
    2656) added this section.
    ---------------------------------------------------------------------------
              (A) the costs associated with the dissolution of the
            Commission, including the composition, location, and
            costs of the office authorized to be established under
            subsection (b); and
              (B) costs and liabilities incurred or administered by
            the Commission that will not be paid before the date of
            that dissolution.
        (2) The Commission shall submit to the Congress, by not
    later than September 30, 1996, a report on the findings and
    conclusions of the study under this subsection. The report
    shall include an estimate of the period of time which may be
    required to close out the affairs of the Commission after the
    termination of the Panama Canal Treaty of 1977.
        (b) The Commission shall during fiscal year 1998 establish
    an office to close out the affairs of the Commission that are
    still pending after the termination of the Panama Canal Treaty
    of 1977.
        (c)(1) There is established in the Treasury of the United
    States a fund to be known as the ``Panama Canal Commission
    Dissolution Fund'' (hereinafter in this section referred to as
    the ``Fund''). The Fund shall be managed by the Commission
    until the termination of the Panama Canal Treaty of 1977 and by
    the office established under subsection (b) thereafter.
        (2)(A) Subject to paragraph (5), the Fund shall be
    available after September 30, 1998, to pay--
              (i) the costs of operating the office established
            under subsection (b); and
              (ii) the costs and liabilities associated with
            dissolution of the Commission, including such costs
            incurred or identified after the termination of the
            Panama Canal Treaty of 1977.
        (B) Payments from the Fund made during the period beginning
    on October 1, 1998, and ending with the termination of the
    Panama Canal Treaty of 1977 shall be subject to the approval of
    the Board provided for in section 1102.
        (3) The Fund shall consist of--
              (A) such amounts as may be deposited into the Fund by
            the Commission, from amounts collected as toll
            receipts, to pay the costs described in paragraph (2);
            and
              (B) amounts credited to the Fund under paragraph (4).
        (4)(A) The Secretary of the Treasury shall invest excess
    amounts in the Fund in public debt securities with maturities
    suitable to the needs of the Fund, as determined by the manager
    of the Fund.
        (B) Securities invested under subparagraph (A) shall bear
    interest at rates determined by the Secretary of the Treasury,
    taking into consideration current market yields on outstanding
    marketable obligations of the United States of comparable
    maturity.
        (C) Interest earned on securities invested under
    subparagraph (A) shall be credited to and form part of the
    Fund.
        (5)(A) \121\ Amounts in the Fund may not be obligated or
    expended in any fiscal year unless the obligation or
    expenditure is specifically authorized by law.
    ---------------------------------------------------------------------------
        \121\ Sec. 3504 of the Panama Canal Commission Authorization Act
    for Fiscal Year 2000 (title XXXV of Public Law 106-65; 113 Stat. 975)
    added subparagraph designation ``(A)'' and added subpara. (B).
    ---------------------------------------------------------------------------
        (B) \121\ The office established by subsection (b) is
    authorized to expend or obligate funds from the Fund for the
    purposes enumerated in clauses (i) and (ii) of paragraph (2)(A)
    until October 1, 2004.
        (6) The Fund shall terminate on October 1, 2004. Amounts in
    the Fund on that date shall be deposited in the general fund of
    the Treasury of the United States.

                                    printing

        Sec. 1306.\122\ (a) Sections 501 through 517 and 1101
    through 1123 \123\ of title 44, United States Code, shall not
    apply to direct purchase by the Commission for its use of
    printing, binding, and blank-book work in the Republic of
    Panama when the Commission determines that such direct purchase
    is in the best interest of the Government.
    ---------------------------------------------------------------------------
        \122\ 22 U.S.C. 3714b. Sec. 3540 of Public Law 104-201 (110 Stat.
    2866) added sec. 1306.
        \123\ Sec. 3549 of Public Law 105-85 (111 Stat. 2073) struck out
    ``Section 501'' and inserted in lieu thereof ``Sections 501 through 517
    and 1101 through 1123''.
    ---------------------------------------------------------------------------
        (b) This section shall not affect the Commission's
    authority, under chapter 5 of title 44, United States Code, to
    operate a field printing plant.

                 Subchapter II--Accounting Policies and Audits

                              accounting policies

        Sec. 1311.\124\ (a) The Commission shall establish and
    maintain its accounts pursuant to chapter 91 of title 31,
    United States Code,\125\ and the provisions of this chapter.
    Such accounts shall specify all revenues received by the
    Commission, including tolls for the use of the Panama Canal,
    expenditures for capital replacement, expansion, and
    improvement, and all costs of maintenance and operation of the
    Panama Canal and of its complementary works, installations, and
    equipment, including depreciation, payments to the Republic of
    Panama under the Panama Canal Treaty of 1977, and interest on
    the investment of the United States calculated in accordance
    with section 1603 of this Act.
    ---------------------------------------------------------------------------
        \124\ 22 U.S.C. 3721.
        \125\ Sec. 3541(a) of Public Law 104-201 (110 Stat. 2866) struck
    out ``the Accounting and Auditing Act of 1950 (31 U.S.C. 65 et seq.)''
    and inserted in lieu thereof ``chapter 91 of title 31, United States
    Code,''.
    ---------------------------------------------------------------------------
        (b) The Commission may issue regulations establishing the
    basis of accounting for the assets which are made available for
    the use of the Commission. Such regulations may provide for
    depreciation of the net replacement value of the assets which
    will ultimately require replacement to maintain the service
    capacity of the Panama Canal. Such regulations may also provide
    the depreciation of such assets be recorded ratably over their
    service lives.
        Sec. 1312.\126\ * * * [Repealed--1995]
    ---------------------------------------------------------------------------
        \126\ Formerly at 22 U.S.C. 3722. Sec. 2201(a) of Public Law 104-66
    (109 Stat. 707) repealed this section. Sec. 1312 required the
    Commission to report annually to the President and to the Congress on
    finances, maintenance, and operation of the Panama Canal during the
    preceding fiscal year.
    ---------------------------------------------------------------------------

                                  audits \127\

        Sec. 1313. (a) Notwithstanding any other provision of law,
    and subject to subsection (c),\128\ financial transactions
    \129\ of the Commission shall be audited by the Comptroller
    General of the United States (hereinafter in this Act referred
    to as the ``Comptroller General'').\130\ In conducting such
    audit,\131\ the appropriate representatives of the Comptroller
    General shall have access to all books, accounts, financial
    records, reports, files, and other papers, items, or property
    in use by the Commission and necessary to facilitate such
    audit, and such representative shall be afforded full
    facilities for verifying transactions with the balances or
    securities held by depositories, fiscal agents, and custodians.
    Any such audit \132\ shall first be conducted with respect to
    the fiscal year in which this Act becomes effective. An audit
    performed under this section is subject to the requirements of
    paragraphs (2), (3), and (5) of section 9105(a) of title 31,
    United States Code.\133\
    ---------------------------------------------------------------------------
        \127\ 22 U.S.C. 3723. Sec. 3526(a)(1) of Public Law 104-106 (110
    Stat. 640) amended the section heading of sec. 1313, which formerly
    read ``audits by the comptroller general of the united states''.
        \128\ Sec. 3512(a)(3) of the Panama Canal Commission Authorization
    Act for Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat.
    2271) struck out ``subsection (d)'' and inserted in lieu thereof
    ``subsection (c)''.
        \129\ Sec. 3526(a)(2)(A) of Public Law 104-106 (110 Stat. 640)
    struck out ``Financial transactions'' and inserted in lieu thereof
    ``Notwithstanding any other provision of law, and subject to subsection
    (d), financial transactions''.
        \130\ Sec. 3526(a)(2)(B) of Public Law 104-106 (110 Stat. 640)
    struck out ``pursuant to the Accounting and Auditing Act of 1950 (31
    U.S.C. 65 et seq.)''. Sec. 3541(b) of Public Law 104-201 (110 Stat.
    2867) made a similar amendment, striking out ``the Accounting and
    Auditing Act of 1950 (31 U.S.C. 65 et seq.)'' in subsecs. (a) and (c)
    and inserting in lieu thereof ``chapter 91 of title 31, United States
    Code,''. This second amendment has not been executed here.
        \131\ Sec. 3526(a)(2)(C) of Public Law 104-106 (110 Stat. 640)
    struck out ``any audit pursuant to such Act'' and inserted in lieu
    thereof ``such audit''.
        \132\ Sec. 3526(a)(2)(D) of Public Law 104-106 (110 Stat. 640)
    struck out ``An audit pursuant to such Act'' and inserted in lieu
    thereof ``Any such audit''.
        \133\ Sec. 3526(a)(2)(E) of Public Law 104-106 (110 Stat. 640)
    added this last sentence.
    ---------------------------------------------------------------------------
        (b) Subject to subsection (c),\128\ the Comptroller General
    \134\ shall, not later than six months after the end of each
    fiscal year, submit to the Congress a report of the audit
    conducted pursuant to subsection (a) of this section with
    respect to such fiscal year. Such report shall set forth the
    scope of the audit and shall include--
    ---------------------------------------------------------------------------
        \134\ Sec. 3526(a)(3) of Public Law 104-106 (110 Stat. 641) struck
    out ``The Comptroller General'' and inserted in lieu thereof ``Subject
    to subsection (d), the Comptroller General''. Subsequently, sec.
    3512(a)(3) of Public Law 105-261 (112 Stat. 2271) struck out
    ``subsection (d)'' and inserted in lieu thereof ``subsection (c)''.
    ---------------------------------------------------------------------------
              (1) a statement of assets and liabilities, capital,
            and surplus or deficit, based on the accounts of the
            Commission established pursuant to this chapter.
              (2) a statement of income and expenses,
              (3) a statement of sources and application of funds,
              (4) a statement listing all direct and indirect costs
            incurred by the United States in implementing the
            Panama Canal Treaty of 1977, including the cost of
            property transferred to the Republic of Panama during
            each fiscal year, and
              (5) such comments and information as the Comptroller
            General considers necessary to keep the Congress
            informed of the operations and financial transactions
            of the Commission, together with such recommendations
            with respect to such operations and transactions as the
            Comptroller General considers advisable.
    The report shall identify specifically any program,
    expenditure, or other financial transaction or undertaking
    observed in the course of the audit which, in the opinion of
    the Comptroller General, has been carried out or made and has
    not been authorized by law. The Comptroller General shall
    submit a copy of each such report to the President, the
    Secretary of the Treasury, and the Commission.
        (c) \135\ At the discretion of the Board provided for in
    section 1102, the Commission may hire independent auditors to
    perform, in lieu of the Comptroller General, the audit and
    reporting functions prescribed in subsections (a) and (b).
    ---------------------------------------------------------------------------
        \135\ Sec. 3526(a)(4) of Public Law 104-106 (110 Stat. 641) added
    these subsections as subsecs. (d) and (e). Sec. 3546(a)(9) of Public
    Law 104-201 (110 Stat. 2868) subsequently repealed subsec. (c), and
    sec. 3546(b) of that Act redesignated subsecs. (d) and (e) as subsecs.
    (c) and (d).
    ---------------------------------------------------------------------------
        (d) \135\ In addition to auditing the financial statements
    of the Commission, the Comptroller General (or the independent
    auditor if one is employed pursuant to subsection (c)) \134\
    shall, in accordance with standards for an examination of a
    financial forecast established by the American Institute of
    Certified Public Accountants, examine and report on the
    Commission's financial forecast that it will be in a position
    to meet its financial liabilities on December 31, 1999.

                      Subchapter III--Interagency Accounts

                      interagency services; reimbursements

        Sec. 1321.\136\ (a) The Commission shall reimburse the
    Employees' Compensation Fund, Bureau of Employee's
    Compensation, Department of Labor, for the benefit payments to
    the Commission's employees, and shall also reimburse other
    Government departments and agencies for payments of a similar
    nature made on its behalf.
    ---------------------------------------------------------------------------
        \136\ 22 U.S.C. 3731.
    ---------------------------------------------------------------------------
        (b) The Department of Defense shall reimburse the
    Commission for amounts expended by the Commission in
    maintaining defense facilities in standby condition for the
    Department of Defense.
        (c) Notwithstanding any other provision of law, funds
    appropriated (for any fiscal year beginning after September 30,
    1979) to or for the use of the Department of Defense, or to any
    other department or agency of the United States as may be
    designated by the President to carry out the purposes of this
    subsection, shall be available for--
              (1) conducting the educational and health care
            activities, including kindergartens and college,
            carried out by the Canal Zone Government and the Panama
            Canal Company before October 1, 1979,\137\ and
    ---------------------------------------------------------------------------
        \137\ Sec. 3550(d)(2)(A) of Public Law 105-85 (111 Stat. 2074)
    struck out ``the effective date of this Act'' and inserted in lieu
    thereof ``October 1, 1979''.
    ---------------------------------------------------------------------------
              (2) providing the services related thereto to the
            categories of persons to which such services were
            provided before October 1, 1979.\138\
    ---------------------------------------------------------------------------
        \138\ Sec. 3550(d)(2)(B) of Public Law 105-85 (111 Stat. 2074)
    struck out ``such effective date'' and inserted in lieu thereof
    ``October 1, 1979''.
    ---------------------------------------------------------------------------
    Notwithstanding any other provision of law, the Department of
    Defense, or any department or agency designated by the
    President to provide health care services to those categories
    of persons referred to in this subsection, shall provide such
    services to such categories of persons on a basis no less
    favorable than that applied to its own employees and their
    dependents.
        (d) Amounts expended for furnishing services referred to in
    subsection (c) of this section to persons eligible to receive
    them, less amounts payable by such persons, shall be fully
    reimbursable to the department or agency furnishing the
    services, except to the extent that such expenditures are the
    responsibility of that department or agency. The \139\ funds of
    the Commission shall be available for such reimbursements on
    behalf of--
    ---------------------------------------------------------------------------
        \139\ Sec. 3529(3) of Public Law 104-106 (110 Stat. 642) struck out
    ``appropriations or''.
    ---------------------------------------------------------------------------
              (1) employees of the Commission, and
              (2) other persons authorized to receive such services
            who are eligible to receive them pursuant to the Panama
            Canal Treaty of 1977 and related agreements.
    The appropriations or funds of any other department or agency
    of the United States conducting operations in the Republic of
    Panama, including the Smithsonian Institution, shall be
    available for reimbursements on behalf of employees of such
    department or agency and their dependents.
        (e) \140\ * * * [Repealed--1999]
    ---------------------------------------------------------------------------
        \140\ Sec. 3507 of Public Law 105-261 (112 Stat. 2269) repealed
    subsec. (e), relating to the defraying of health care and education
    costs, effective 11:59 p.m. (Eastern Standard Time), December 30, 1999.
    Previously, sec. 5(c) of Public Law 99-223 (99 Stat. 1739) amended and
    restated subsec. (e).
    ---------------------------------------------------------------------------
        (f) For purposes of the reimbursement of the United States
    by the Republic of Panama for the salaries and other employment
    costs of employees of the Commission who are assigned to assist
    the Republic of Panama in the operation of activities which are
    transferred to that Government as a result of any provision of
    the Panama Canal Treaty of 1977 and related agreements which
    reimbursement is provided for in paragraph 8 of Article 10 of
    that Treaty, the Commission shall be deemed to be the United
    States of America.
        (g) Notwithstanding any other provision of law, the
    President, through the appropriate department or agency of the
    United States, shall, until January 1, 2000, operate the
    educational institution known as the ``Canal Zone College''.
    Such institution shall continue to provide, insofar as
    practicable, the level of services which it offered immediately
    before the effective date of this Act.
        (h) \141\ Except as expressly provided in this Act, funds
    available to the Panama Canal Commission may not be made
    available to any other agency as that term is defined in
    section 551 of title 5, United States Code, nor may funds be
    authorized or appropriated for any function other than Panama
    Canal Commission activities.
    ---------------------------------------------------------------------------
        \141\ Sec. 8 of Public Law 100-705 (102 Stat. 4686) added subsec.
    (h).
    ---------------------------------------------------------------------------

                         Subchapter IV--Postal Matters

                                 postal service

        Sec. 1331.\142\ (a) The Commission shall take possession of
    and administer the funds of the Canal Zone postal service and
    shall assume its obligations.
    ---------------------------------------------------------------------------
        \142\ 22 U.S.C. 3741. Sec. 3543 of Public Law 104-201 (110 Stat.
    2867) amended and restated sec. 1331.
    ---------------------------------------------------------------------------
        (b) Effective December 1, 1999, neither the Commission nor
    the United States Government shall be responsible for the
    distribution of any accumulated unpaid balances relating to
    Canal Zone postal-savings deposits, postal-savings
    certificates, and postal money orders.
        (c) Mail addressed to the Canal Zone from or through the
    continental United States may be routed by the United States
    Postal Service to the military post offices of the United
    States Armed Forces in the Republic of Panama. Such military
    post offices shall provide the required directory services and
    shall accept such mail to the extent permitted under the Panama
    Canal Treaty of 1977 and related agreements. The Commission
    shall furnish personnel, records, and other services to such
    military post offices to assure wherever appropriate the
    distribution, rerouting, or return of such mail.

               Subchapter V--Accounts With the Republic of Panama

                       payments to the republic of panama

        Sec. 1341.\143\ (a) The Commission shall pay to the
    Republic of Panama those payments required under paragraph 5 of
    Article III and paragraph 4 of Article XIII of the Panama Canal
    Treaty of 1977. Payments made under paragraph 5 of Article III
    of such Treaty shall be audited annually by the Comptroller
    General and any overpayment, as determined in accordance with
    Understanding (1) incorporated in the Resolution of
    Ratification of the Panama Canal Treaty (adopted by the United
    States Senate on April 18, 1978), for the service described in
    that paragraph which are provided shall be refunded by the
    Republic of Panama or set off against amounts payable by the
    United States to the Republic of Panama under paragraph 5 of
    Article III of the Panama Canal Treaty of 1977.
    ---------------------------------------------------------------------------
        \143\ 22 U.S.C. 3751.
    ---------------------------------------------------------------------------
        (b) In determining whether operating revenues exceed
    expenditures for the purpose of payments to the Republic of
    Panama under paragraph 4(c) of Article XIII of the Panama Canal
    Treaty of 1977, such operating revenues in a fiscal period
    shall be reduced by (1) all costs of such period as shown by
    the accounts established pursuant to section 1311 of this Act,
    and (2) the cumulative sum from prior years (beginning with the
    year in which the Panama Canal Treaty of 1977 enters into
    force) of any excess of costs of the Panama Canal Commission
    over operating revenues.
        (c) The President shall not accede to any interpretation of
    paragraph 1 of Article IX of the Panama Canal Treaty of 1977
    which would permit the Republic of Panama to tax retroactively
    organizations and businesses operating, and citizens of the
    United States living, in the Canal Zone before the effective
    date of this Act.
        (d) Any accumulated unpaid balance under paragraph 4(c) of
    Article XIII of the Panama Canal Treaty of 1977 at the
    termination of such Treaty shall be payable only to the extent
    of any operating surplus in the last year of the Treaty's
    duration, and nothing in such paragraph may be construed as
    obligating the United States to pay after the date of the
    termination of the Treaty any such unpaid balance which has
    accrued before such date.
        (e) As provided in section 1602(b) of this Act, tolls shall
    not be prescribed at rates calculated to cover payments to the
    Republic of Panama pursuant to paragraph 4(c) of Article XIII
    of the Panama Canal Treaty of 1977. Moreover, no payments may
    be made to the Republic of Panama under paragraph 4(c) of
    Article XIII of the Panama Canal Treaty of 1977 unless
    unexpended funds are used to pay all costs of operation and
    maintenance of the canal, including but not limited to (1)
    operating expenses determined in accordance with generally
    accepted accounting principles, (2) payments to the Republic of
    Panama under paragraphs 4(a) and 4(b) of such Article XIII and
    under paragraph (5) of Article III of such Treaty, (3) amounts
    in excess of depreciation and amortization which are programmed
    for plant replacement, expansion, and improvements, (4)
    payments to the Treasury of the United States under section
    1603 of this Act, (5) reimbursement to the Treasury of the
    United States for costs incurred by other departments and
    agencies of the United States in providing educational, health,
    and other services to the Commission, its employees and their
    dependents, and other categories of persons in accordance with
    section 1321 of this Act, (6) any costs of Treaty
    implementation associated with the maintenance and operation of
    the Panama Canal, and (7) amounts programmed to meet working
    capital requirements.\144\
    ---------------------------------------------------------------------------
        \144\ Sec. 5426 of Public Law 100-203 (101 Stat. 1330-274) added
    clause (7).
    ---------------------------------------------------------------------------
        (f) The prohibitions contained in this section and in
    sections 1302(b) \145\ and 1503 of this Act shall apply
    notwithstanding any other provisions of law authorizing
    transfers of funds between accounts, reprogramming of funds,
    use of funds for contingency purposes, or waivers of
    prohibitions.
    ---------------------------------------------------------------------------
        \145\ Sec. 3548(b)(3) of Public Law 104-201 (110 Stat. 2869), as
    amended by sec. 3512(b) of Public Law 105-261 (112 Stat. 2271), struck
    out ``sections 1302(c)'' and inserted in lieu thereof ``sections
    1302(b)''. Subsequently, sec. 3550(d)(7) of Public Law 105-85 (111
    Stat. 2074) made the same amendment.
    ---------------------------------------------------------------------------
        (g) \146\ Notwithstanding any other provision of law, no
    reduction under any order issued pursuant to the Balanced
    Budget and Emergency Deficit Control Act of 1985 shall apply to
    the Commission if the implementation of such an order would
    result in a payment to the Republic of Panama under paragraph
    4(c) of Article XIII of the Panama Canal Treaty of 1977 and
    this section.
    ---------------------------------------------------------------------------
        \146\ Sec. 6 of Public Law 99-368 (100 Stat. 776) added subsec.
    (g).
    ---------------------------------------------------------------------------

                    transactions with the republic of panama

        Sec. 1342.\147\ (a) \148\ The Commission may, on a
    reimbursable basis, provide to the Republic of Panama
    materials, supplies, equipment, work, or services, including
    water and electric power, requested by the Republic of Panama,
    at such rates as may be agreed upon by the Commission and the
    Republic of Panama. Payment for such materials, supplies,
    equipment, work, or services may be made by direct payment by
    the Republic of Panama to the Commission or by offset against
    amounts due the Republic of Panama by the United States.
    ---------------------------------------------------------------------------
        \147\ 22 U.S.C. 3752.
        \148\ Sec. 3542 of Public Law 105-85 (111 Stat. 2072) added
    subsection designation ``(a)'', and added new subsecs. (b) and (c).
    ---------------------------------------------------------------------------
        (b) \148\ The Commission may provide office space,
    equipment, supplies, personnel, and other in-kind services to
    the Panama Canal Authority on a nonreimbursable basis.
        (c) \148\ Any executive department or agency of the United
    States may, on a reimbursable basis, provide to the Panama
    Canal Authority materials, supplies, equipment, work, or
    services requested by the Panama Canal Authority, at such rates
    as may be agreed upon by that department or agency and the
    Panama Canal Authority.

                                disaster relief

        Sec. 1343.\149\ If an emergency arises because of disaster
    or calamity by flood, hurricane, earthquake, fire, pestilence,
    or like cause, not foreseen or otherwise provided for, and
    occurring in the Republic of Panama in such circumstances as to
    constitute an actual or potential hazard to health, safety,
    security, or property in the areas and installations made
    available to the United States pursuant to the Panama Canal
    Treaty of 1977 and related agreements, the Commission may
    expend funds available \150\ to the Commission for such
    purpose, and utilize or furnish materials, supplies, equipment
    and services for relief, assistance, and protection.
    ---------------------------------------------------------------------------
        \149\ 22 U.S.C. 3753.
        \150\ Sec. 5428(b) of Public Law 100-203 (101 Stat. 1330-274)
    struck out ``available funds appropriated'' and inserted in lieu
    thereof ``funds available''.
    ---------------------------------------------------------------------------

       congressional restraints on property transfer and tax expenditures

        Sec. 1344.\151\ (a) The Congress enacts this section in the
    exercise of its authority under Article IV, section 3, clause 2
    of the Constitution of the United States to dispose of and make
    necessary rules and regulations with respect to property of the
    United States.
    ---------------------------------------------------------------------------
        \151\ 22 U.S.C. 3754.
    ---------------------------------------------------------------------------
        (b) Prior to the transfer of property of the United States
    located in the Republic of Panama to the Republic of Panama
    pursuant to section 1504 of this Act, the President shall
    formally advise the Government of Panama that--
              (1) in fulfilling its obligations under the Panama
            Canal Treaty of 1977, the United States shall make no
            payments to the Republic of Panama derived from tax
            revenues of the United States;
              (2) the United States retains full discretion and
            authority to determine whether and the extent to which
            tax revenues of the United States may be expended in
            exercising United States rights and carrying out United
            States responsibilities under the Panama Canal Treaty
            of 1977 and related agreements;
              (3) no tax revenues of the United States shall be
            made available for obligations and expenditures after
            the effective date of this Act for purposes of
            implementing the Panama Canal Treaty of 1977 and
            related agreements, unless hereafter specifically
            approved by the Congress through the authorization and
            appropriation process;
              (4) the total amount expended by the Commission from
            funds available \152\ to or for the use of the
            Commission shall not exceed the total amount deposited
            in the Panama Canal Revolving Fund; \152\ and
    ---------------------------------------------------------------------------
        \152\ Sec. 5428(c) of Public Law 100-203 (101 Stat. 1330-274)
    struck out ``appropriated'' and ``Commission Fund'' and inserted in
    lieu thereof ``available'' and ``Revolving Fund'', respectively.
    ---------------------------------------------------------------------------
              (5) the foregoing paragraphs of this subsection do
            not apply to expenditures made by the United States in
            fulfilling United States obligations to transfer the
            remains of our honored dead from Mount Hope Cemetery in
            the former Canal Zone to an appropriate and dignified
            place in accordance with Reservation 3 to the Treaty
            Concerning the Permanent Neutrality and Operation of
            the Panama Canal.

             Chapter 4--Claims for Injuries to Persons or Property

                        Subchapter I--General Provisions

                         settlement of claims generally

        Sec. 1401.\153\ (a) Subject to the provisions of this
    chapter, the Commission may adjust and pay claims for injury
    to, or loss of, property or for personal injury or death,
    arising from the operation of the Panama Canal or related
    facilities and appurtenances.
    ---------------------------------------------------------------------------
        \153\ 22 U.S.C. 3761.
    ---------------------------------------------------------------------------
        (b) \154\ The Commission may pay not more than $50,000 on
    any claim described in subsection (a).
    ---------------------------------------------------------------------------
        \154\ Sec. 5417(a) of title V of the Omnibus Reconciliation Act of
    1987 (Public Law 100-203; 101 Stat. 1330-271) amended and restated
    subsec. (b).
    ---------------------------------------------------------------------------
        (c) An award made to a claimant under this section shall be
    payable out of any moneys \155\ made available to the
    Commission. The acceptance by the claimant of the award shall
    be final and conclusive on the claimant, and shall constitute a
    complete release by the claimant of his claim against the
    United States and against any employee of the United States
    acting in the course of his employment who is involved in the
    matter giving rise to the claim.
    ---------------------------------------------------------------------------
        \155\ Sec. 3529(4) of Public Law 104-106 (110 Stat. 642) struck out
    ``appropriated for or'' at this point.
    ---------------------------------------------------------------------------
        (d) Except as provided in section 1416 of this Act, no
    action for damages on claims cognizable under this chapter
    shall be against the United States or the Commission, and no
    such action shall lie against any officer or employee of the
    United States. Neither this section nor section 1416 of this
    Act shall preclude actions against officers or employees of the
    United States for injuries resulting from their acts outside
    the scope of their employment or not in the line of their
    duties, or from their acts committed with the intent to injure
    the person or property of another.
        (e) The provisions of section 1346(b) of title 28, United
    States Code, and the provisions of chapter 171 of such title
    shall not apply to claims cognizable under this chapter.

                          Subchapter II--Vessel Damage

                           injuries in locks of canal

        Sec. 1411.\156\ (a) Subject to section 1419(b) of this Act
    and \157\ to subsection (b) of this section, the \158\
    Commission shall promptly adjust and pay damages for injuries
    to vessels, or to the cargo, crew, or passengers of vessels,
    which may arise by reason of their passage through the locks of
    the Panama Canal when the injury was proximately caused by
    negligence or fault on the part of an officer or employee of
    the United States acting within the scope of his employment and
    in the line of his duties in connection with the operation of
    the Canal.\158\ If the negligence or fault of the vessel,
    master, crew, or passengers proximately contributed to the
    injury, the award of damages shall be diminished in proportion
    to the negligence to fault attributable to the vessel, master,
    crew, or passengers. Damages may not be allowed and paid for
    injuries to any protrusion beyond any portion of the hull of a
    vessel, whether it is permanent or temporary in character. A
    vessel is considered to be passing through the locks of the
    Canal, under the control of officers or employees of the United
    States, from the time the first towing line is made fast on
    board before entrance into the locks and until the towing lines
    are cast off upon, or immediately prior to, departure from the
    lock chamber. No payment for damages on a claim may be made
    under this section unless the claim is filed with the
    commission within one year after the date of the injury or
    November 18, 1998, whichever is later.\159\
    ---------------------------------------------------------------------------
        \156\ 22 U.S.C. 3771.
        \157\ Sec. 3509(a)(1) of the Panama Canal Commission Authorization
    Act for Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat.
    2270) inserted ``to section 1419(b) of this Act and'' after
    ``Subject''.
        \158\ Sec. 2(a)(1)(A) of Public Law 99-209 (99 Stat. 1716) struck
    out ``The'' and inserted in lieu thereof ``Subject to subsection (b) of
    this section, the''. Sec. 2(a)(1)(B) struck out ``under the control of
    officers or employees of the United States'' and inserted in lieu
    thereof the language in this first sentence beginning with ``when the
    injury was proximately caused'' and ending with ``the operation of the
    Canal''. Sec. 2(a)(2) deleted the second sentence previously appearing
    at this point which had read: ``Damages may not be paid where the
    injury was proximately caused by the negligence or fault of the vessel,
    master, crew, or passengers.''.
        \159\ Sec. 2(a)(3) of Public Law 99-209 (99 Stat. 1716) added this
    sentence. Sec. 3543(a) of the Panama Canal Transition Facilitation Act
    of 1997 (subtitle B of title XXXV of Public Law 105-85; 111 Stat. 2072)
    struck out ``within 2 years after the date of the injury, or within 1
    year after the date of the enactment of the Panama Canal Amendments Act
    of 1985,'' and inserted in lieu thereof ``within one year after the
    date of the injury or the date of the enactment of the Panama Canal
    Transition Facilitation Act of 1997,''. Sec. 3512(a)(4) of Public Law
    105-261 (112 Stat. 2271) struck out ``the date of the enactment of the
    Panama Canal Transition Facilitation Act of 1997'' and inserted in lieu
    thereof ``November 18, 1998''.
    ---------------------------------------------------------------------------
        (b) \160\ (1) With respect to a claim under subsection (a)
    for damages for injuries to a vessel or its cargo, if, at the
    time the injuries were incurred, the navigation or movement of
    the vessel was not under the control of a Panama Canal pilot,
    the Commission may pay not more than $50,000 on the claim,\161\
    unless the injuries were caused by another vessel under the
    control of a Panama Canal pilot.
    ---------------------------------------------------------------------------
        \160\ Sec. 2(b) of Public Law 99-209 (99 Stat. 1716) added subsec.
    (b).
        \161\ Sec. 5417(b) of Public Law 100-203 (101 Stat. 1330-271)
    struck out ``adjust and pay the claim only if the amount of the claim
    does not exceed $50,000'' and inserted in lieu thereof ``pay not more
    than $50,000 on the claim''.
    ---------------------------------------------------------------------------
        (2) The provisions of subsections (c) through (e) of
    section 1401 of this Act shall apply to any claim described in
    paragraph (1).

                             injuries outside locks

        Sec. 1412.\162\ Subject to section 1419(b) of this Act, the
    Commission \163\ shall promptly adjust and pay damages for
    injuries to vessels, or to the cargo, crew, or passengers of
    vessels which may arise by reason of their presence in the
    Panama Canal, or waters adjacent thereto, other than the locks,
    when the injury was proximately caused by negligence or fault
    on the part of an officer or employee of the United States
    acting within the scope of his employment and in the line of
    his duties in connection with the operation of the Canal.\164\
    No payment for damages on a claim may be made under this
    section unless the claim is filed with the Commission within
    one year after the date of the injury or November 18, 1998,
    whichever is later.\165\ If the negligence or fault of the
    vessel, master, crew, or passengers proximately contributed to
    the injury, the award of damages shall be diminished in
    proportion to the negligence or fault attributable to the
    vessel, master, crew, or passengers. In the case of a vessel
    which is required by or pursuant to regulations prescribed
    pursuant to section 1801 of this Act to have a Panama Canal
    pilot on duty aboard, damages may not be adjusted and paid for
    injuries to the vessel, or its cargo, crew, or passengers,
    incurred while the vessel was underway and in motion, unless at
    the time the injuries were incurred the navigation or movement
    of the vessel was under the control of a Panama Canal pilot.
    ---------------------------------------------------------------------------
        \162\ 22 U.S.C. 3772.
        \163\ Sec. 3509(a)(2) of Public Law 105-261 (112 Stat. 2270) struck
    out ``The Commission'' and inserted in lieu thereof ``Subject to
    section 1419(b) of this Act, the Commission''.
        \164\ Sec. 2(c)(1) of Public Law 99-209 (99 Stat. 1716) struck out
    ``, and when the amount of the claim does not exceed $120,000'' at this
    point.
        \165\ Sec. 2(c)(2) of Public Law 99-209 (99 Stat. 1716) added this
    sentence. Sec. 3543(a) of Public Law 105-85 (111 Stat. 2072) struck out
    ``within 2 years after the date of the injury, or within 1 year after
    the date of the enactment of the Panama Canal Amendments Act of 1985,''
    and inserted in lieu thereof ``within one year after the date of the
    injury or the date of the enactment of the Panama Canal Transition
    Facilitation Act of 1997,''. Sec. 3512(a)(4) of Public Law 105-261 (112
    Stat. 2271) struck out ``the date of the enactment of the Panama Canal
    Transition Facilitation Act of 1997'' and inserted in lieu thereof
    ``November 18, 1998''.
    ---------------------------------------------------------------------------

                          measure of damages generally

        Sec. 1413.\166\ In determining the amount of the award of
    damages for injuries to a vessel for which the Commission is
    determined to be liable there may be included--
    ---------------------------------------------------------------------------
        \166\ 22 U.S.C. 3773.
    ---------------------------------------------------------------------------
              (1) the actual or estimated cost of repairs;
              (2) charter hire actually lost by the owners, or
            charter hire actually paid, depending upon the terms of
            the charter party, for the time the vessel is
            undergoing repairs;
              (3) maintenance of the vessel and wages of the crew,
            if they are found to be actual additional expenses or
            losses incurred outside of the charter hire; and
              (4) other expenses which are definitely and
            accurately shown to have been incurred necessarily and
            by reason of the accident or injuries.
    Agent's fees, or commissions, or other incidental expenses of
    similar character, or any items which are indefinite,
    indeterminable, speculative, or conjectural may not be allowed.
    The Commission shall be furnished such vouchers, receipts, or
    other evidence as may be necessary in support of any item of a
    claim. If a vessel is not operated under charter but by the
    owner directly, evidence shall be secured if available as to
    the sum for which vessels of the same size and class can be
    chartered in the market. If the charter value cannot be
    determined, the value of the vessel to its owners in the
    business in which it was engaged at the time of the injuries
    shall be used as a basis for estimating the damages for the
    vessel's detention; and the books of the owners showing the
    vessel's earnings about the time of the accident or injuries
    shall be considered as evidence of probable earnings during the
    time of detention. If the books are unavailable, such other
    evidence shall be furnished as may be necessary.

                 delays for which no responsibility is assumed

        Sec. 1414.\167\ The Commission is not responsible, and may
    not consider any claim, for demurrage or delays caused by--
    ---------------------------------------------------------------------------
        \167\ 22 U.S.C. 3774.
    ---------------------------------------------------------------------------
              (1) landslides or other natural causes;
              (2) necessary construction or maintenance work of
            Canal locks, terminals, or equipment;
              (3) obstruction arising from accidents;
              (4) time necessary for admeasurement;
              (5) congestion of traffic;
              (6) \168\ investigation of a marine accident that is
            conducted within 24 hours after the accident occurs,
            except that any liability of the Commission beyond that
            24-hour period shall be limited to the extent to which
            the accident was caused, or contributed to, by the
            negligence of an employee of the Commission acting
            within the scope of the employee's official duties; or
    ---------------------------------------------------------------------------
        \168\ Sec. 3 of Public Law 99-209 (99 Stat. 1717) amended and
    restated para. (6).
    ---------------------------------------------------------------------------
              (7) except as specially set forth in this subchapter,
            any other cause.

                              settlement of claims

        Sec. 1415.\169\ The Commission, by mutual agreement,
    compromise, or otherwise, may adjust and determine the amounts
    of the respective awards of damages pursuant to this
    subchapter. Such amounts may be paid only out of money \170\
    allotted for the maintenance and operation of the Panama
    Canal.\171\ Acceptance by a claimant of the amount awarded to
    him shall be deemed to be in full settlement of such claim
    against the Government of the United States.
    ---------------------------------------------------------------------------
        \169\ 22 U.S.C. 3775. Sec. 4 of Public Law 99-190 (99 Stat. 1717),
    struck out ``Subject to subsection (b) of this section, the Commission,
    by'' and inserted in lieu thereof ``The Commission, by'' at the
    beginning of this section. Sec. 4 also struck out subsec. (b), and
    dropped the paragraph designation for subsec. (a). Subsec. (b)
    previously read as follows:
        ``(b) The Commission shall not adjust and pay any claim for damages
    for injuries arising by reason of the presence of the vessel in the
    Panama Canal or adjacent waters outside the locks where the amount of
    the claim exceeds $120,000 but shall submit the claim to the Congress
    in a special report containing the material facts and the
    recommendation of the Commission thereon.''.
        \170\ Sec. 3529(5) of Public Law 104-106 (110 Stat. 642) struck out
    ``appropriated or'' at this point.
        \171\ Sec. 4 of Public Law 99-190 (99 Stat. 1717), struck out
    ``Such amounts shall be payable promptly out of any moneys appropriated
    or allotted for the maintenance and operation of the Panama Canal'' and
    inserted in lieu thereof text beginning ``Such amounts * * *''.
    ---------------------------------------------------------------------------

                               actions on claims

        Sec. 1416.\172\ Subject to section 1419(b) of this Act, a
    claimant \173\ for damages pursuant to section 1411(a) or 1412
    \174\ of this Act who considers himself aggrieved by the
    findings, determination, or award of the Commission in
    reference to his claim may bring an action on the claim against
    the Commission in the United States District Court for the
    Eastern District of Louisiana. Subject to the provisions of
    this chapter and of applicable regulations issued pursuant to
    section 1801 of this Act relative to navigation of the Panama
    Canal and adjacent waters, such actions shall proceed and be
    heard by the court without a jury according to the principles
    of law and rules of practice obtaining generally in like cases
    between a private party and a department or agency of the
    United States. Any judgment obtained against the Commission in
    an action under this subchapter may be paid out of money \175\
    allotted for the maintenance and operation of the Panama Canal.
    An action for damages cognizable under this section shall not
    otherwise lie against the United States or the Commission, nor
    in any other court, than as provided in this section; nor may
    it lie against any officer or employee of the United States or
    of the Commission. Any action on a claim under this section
    shall be barred unless the action is brought within 180 days
    \176\ after the date on which the Commission mails to the
    claimant written notification of the Commission's final
    determination with respect to the within one year after the
    date of the injury or by May 17, 1998,\177\ whichever is later.
    Attorneys appointed by the Commission shall represent the
    Commission in any action arising under this subchapter.\178\
    ---------------------------------------------------------------------------
        \172\ 22 U.S.C. 3776.
        \173\ Sec. 3509(a)(3) of Public Law 105-261; 112 Stat. 2270) struck
    out ``A claimant'' and inserted in lieu thereof ``Subject to section
    1419(b) of this Act, a claimant''.
        \174\ Sec. 5(1) of Public Law 99-209 (99 Stat. 1717) struck out
    ``1411'' and inserted in lieu thereof ``1411(a) or 1412''.
        \175\ Sec. 5(2) of Public Law 99-209 (99 Stat. 1717) struck out
    ``shall be paid out of any moneys'' and inserted in lieu thereof ``may
    be paid out of money''. Sec. 3529(6) of Public Law 104-106 (110 Stat.
    642) struck out ``appropriated or'' after ``money''.
        \176\ Sec. 3543(b)(1) of Public Law 105-85 (111 Stat. 2072) struck
    out ``one year'' and inserted in lieu thereof ``180 days''.
        \177\ Sec. 3543(b)(2) of Public Law 105-85 (111 Stat. 2072) struck
    out ``claim, or within one year after the date of the enactment of the
    Panama Canal Amendments Act of 1985,'' and inserted in lieu thereof
    ``within one year after the date of the injury or the date of the
    enactment of the Panama Canal Transition Facilitation Act of 1997,''.
    Sec. 3512(a)(5) of Public Law 105-261 (112 Stat. 2271) struck out ``the
    date of the enactment of the Panama Canal Transition Facilitation Act
    of 1997'' and inserted in lieu thereof ``by May 17, 1998''.
        \178\ Sec. 5(3) of Public Law 99-209 (99 Stat. 1717) added the
    final two sentences of sec. 1416.
    ---------------------------------------------------------------------------

            investigation of accident or injury giving rise to claim

        Sec. 1417.\179\ Notwithstanding any other provision of law,
    a claim may not be considered under this subchapter, or an
    action for damages lie thereon, unless, prior to the departure
    from the Panama Canal of the vessel involved--
    ---------------------------------------------------------------------------
        \179\ 22 U.S.C. 3777.
    ---------------------------------------------------------------------------
              (1) \180\ an investigation of the accident or injury
            giving rise to the claim has been completed, which
            shall include a hearing by the Board of Local
            Inspectors of the Commission; and
    ---------------------------------------------------------------------------
        \180\ Sec. 3544 of Public Law 104-201 (110 Stat. 2867) amended and
    restated para. (1).
    ---------------------------------------------------------------------------
              (2) the basis for the claim has been laid before the
            Commission.

                           board of local inspectors

        Sec. 1418.\181\ (a) The President shall provide for the
    establishment of a Board of Local Inspectors of the Panama
    Canal Commission which shall perform, in accordance with
    regulations prescribed by the President--
    ---------------------------------------------------------------------------
        \181\ 22 U.S.C. 3778.
    ---------------------------------------------------------------------------
              (1) the investigations required by section 1417 of
            this Act; and
              (2) such other duties with respect to marine matters
            as may be assigned by the President.
        (b) In conducting any investigation pursuant to subsection
    (a) of this section, the Board of Local Inspectors established
    pursuant to such subsection may summon witnesses, administer
    oaths, and require the production of books and papers necessary
    for such investigation.

                                   insurance

        Sec. 1419.\182\ (a) \183\ The Commission is authorized to
    purchase insurance to protect the Commission against major and
    unpredictable revenue losses or expenses arising from
    catastrophic marine accidents or other unpredictable
    events.\184\
    ---------------------------------------------------------------------------
        \182\ 22 U.S.C. 3779. Sec. 6(a) of Public Law 99-209 (99 Stat.
    1717) added sec. 1419.
        \183\ Sec. 3509(b) of Public Law 105-261 (112 Stat. 2270) added
    subsection designation ``(a)'' and added subsec. (b).
        \184\ Sec. 5414 of the Omnibus Budget Reconciliation Act of 1987
    (Public Law 100-203; 101 Stat. 1330-270) added the words ``or other
    unpredictable events''.
    ---------------------------------------------------------------------------
        (b) \183\ (1) The Commission may by regulation require as a
    condition of transit through the Panama Canal or presence in
    the Panama Canal or waters adjacent thereto that any potential
    claimant under section 1411 or 1412 of this Act be covered by
    insurance against the types of injuries described in those
    sections. The amount of insurance so required shall be
    specified in those regulations, but may not exceed $1,000,000.
        (2) In a claim under section 1411 or 1412 of this Act for
    which the Commission has required insurance under this
    subsection, the Commission's liability shall be limited to the
    amount of damages in excess of the amount of insurance required
    by the Commission.
        (3) In regulations under this subsection, the Commission
    may prohibit consideration or payment by it of claims presented
    by or on behalf of an insurer or subrogee of a claimant in a
    case for which the Commission has required insurance under this
    subsection.

                           Chapter 5--Public Property

                 assets and liabilities of panama canal company

        Sec. 1501.\185\ All property and other assets of the Panama
    Canal Company shall revert to the United States on the
    effective date of this Act, and, except as otherwise provided
    by law, the United States shall assume the liabilities,
    including contractual obligations, of the Panama Canal Company
    then outstanding. The Commission may use such property,
    facilities, and records of the Panama Canal Company as are
    necessary to carry out its functions.
    ---------------------------------------------------------------------------
        \185\ 22 U.S.C. 3781.
    ---------------------------------------------------------------------------

                 transfers and cross-servicing between agencies

        Sec. 1502.\186\ (a) In the interest of economy and maximum
    efficiency in the utilization of property and facilities of the
    United States, there are authorized to be transferred between
    departments and agencies of the United States, with or without
    reimbursement, such facilities, buildings, structures,
    improvement, stock, and equipment located in the Republic of
    Panama, and used for their activities therein, as may be
    mutually agreed upon by the departments and agencies involved
    and approved by the President of the United States or his
    designee.
    ---------------------------------------------------------------------------
        \186\ 22 U.S.C. 3782.
    ---------------------------------------------------------------------------
        (b) The Commission may enter into cross-serving agreements
    with any other department or agency of the United States for
    the use of facilities, furnishing of services, or performance
    of functions.
        (c) The Commission, any department or agency of the United
    States, or any United States court in the Republic of Panama is
    authorized to transfer to the Government of the Republic of
    Panama any record of such Commission, department, agency, or
    court, or copy thereof, including any record acquired from the
    Canal Zone Government or Panama Canal Company (including any
    vital statistics record), to any other department, agency, or
    court of the United States if such action is determined by the
    Commission, the head of the department or agency concerned, or
    the judge of the court concerned to be in the interest of the
    United States. Transfer of any record or copy thereof under
    this section to the Government of the Republic of Panama shall
    be made under the coordination of and with the approval of the
    United States Ambassador to the Republic of Panama.
        (d) The provisions of this section shall apply to the
    Smithsonian Institution.

                  disposition of property of the united states

        Sec. 1503.\187\ No property of the United States located in
    the Republic of Panama may be disposed of except pursuant to
    law enacted by the Congress.
    ---------------------------------------------------------------------------
        \187\ 22 U.S.C. 3783.
    ---------------------------------------------------------------------------

                         transfer of property to panama

        Sec. 1504.\188\ (a)(1) On the date on which the Panama
    Canal Treaty of 1977 enters into force, the Secretary of State
    may convey to the Republic of Panama the Panama Railroad and
    such property located in the area which, immediately before
    such date, comprised the Canal Zone and which is not within the
    land and water areas the use of which is made available to the
    United States pursuant to the Panama Canal Treaty of 1977 and
    related agreements.
    ---------------------------------------------------------------------------
        \188\ 22 U.S.C. 3784.
    ---------------------------------------------------------------------------
        (2) Property transferred pursuant to paragraph (1) of this
    subsection may not include buildings and other facilities,
    except housing, located outside such areas, the use of which is
    retained by the United States pursuant to the Panama Canal
    Treaty of 1977 and related agreements.
        (b) With respect to the transfer of all other property (not
    described in subsection (a)(1) of this section) to be
    transferred in accordance with the terms of the Panama Canal
    Treaty of 1977 and related agreements, the Secretary of State
    may convey such property from time to time in accordance with
    the terms of such Treaty and related agreements. Before \189\
    the transfer of any such property, the President must submit a
    written report to the Congress--
    ---------------------------------------------------------------------------
        \189\ Sec. 7 of Public Law 99-223 (99 Stat. 1740) struck out ``At
    least 180 days before'' and inserted in lieu thereof ``Before''.
    ---------------------------------------------------------------------------
              (1) precisely identifying and describing the
            particular property to be transferred;
              (2) certifying the state of compliance by the
            Republic of Panama with such Treaty and related
            agreements; and
              (3) setting forth the reasons for the conveyance
            being made at the particular time.
        (c) The Panama Canal, and such other property referred to
    in paragraph 2(d) of Article XIII of the Panama Canal Treaty of
    1977 that has not been previously transferred in accordance
    with paragraphs 2(a), 2(b), and 2(c) of such Article, shall not
    be transferred to the Republic of Panama prior to December 31,
    1999.

                  Chapter 6--Tolls for Use of the Panama Canal

              prescription of measurement rules and rates of tolls

        Sec. 1601.\190\ The Commission may, subject to the
    provisions of this Act, prescribe and from time to time
    change--
    ---------------------------------------------------------------------------
        \190\ 22 U.S.C. 3791. Sec. 3527 of Public Law 104-106 (110 Stat.
    641) amended and restated sec. 1601, which formerly read as follows:
        ``Sec. 1601. (a) The President is authorized, subject to the
    provisions of this chapter, to prescribe and from time to time change--
    ---------------------------------------------------------------------------

      ``(1) the rules for the measurement of vessels for the Panama Canal; and

      ``(2) the tolls that shall be levied for the use of the Canal.
    ---------------------------------------------------------------------------

        ``(b) Such rules of measurement and tolls prevailing on the
    effective date of this Act shall continue in effect until changed as
    provided in this chapter.''.
    ---------------------------------------------------------------------------
              (1) the rules for the measurement of vessels for the
            Panama Canal; and
              (2) the tolls that shall be levied for use of the
            Panama Canal.

                                 bases of tolls

        Sec. 1602.\191\ (a) Tolls on merchant vessels, army and
    navy transports, colliers, tankers, hospital ships, and supply
    ships \192\ shall be based on net vessel tons of one hundred
    cubic feet each of actual earning capacity, or its
    equivalent,\193\ determined in accordance with the rules for
    the measurement of vessels for the Panama Canal, and tolls on
    other floating craft shall be based on displacement tonnage.
    The tolls on vessels in ballast without passengers or cargo may
    be less than the tolls for vessels with passengers or cargo.
    Tolls for small vessels (including yachts), as defined by the
    Commission, may be set at rates determined by the Commission
    without regard to the preceding provisions of this
    subsection.\194\
    ---------------------------------------------------------------------------
        \191\ 22 U.S.C. 3792.
        \192\ Sec. 3544(1) of the Panama Canal Transition Facilitation Act
    of 1997 (subtitle B of title XXXV of Public Law 105-85; 111 Stat. 2072)
    struck out ``supply ships, and yachts'' and inserted in lieu thereof
    ``and supply ships''.
        \193\ Sec. 3513 of Public Law 102-484 (106 Stat. 2657) inserted ``,
    or its equivalent,'' at this point.
        \194\ Sec. 3544(2) of Public Law 105-85 (111 Stat. 2072) added this
    sentence.
    ---------------------------------------------------------------------------
        (b) Tolls shall be prescribed at rates calculated to
    produce revenues to cover as nearly as practicable all costs of
    maintaining and operating the Panama Canal (including costs
    authorized to be paid from the Panama Canal Dissolution Fund
    under section 1305(c)),\195\ together with the facilities and
    appurtenances related thereto, including unrecovered costs
    incurred on or after the effective date of this Act, interest,
    depreciation, working capital,\196\ payments to the Republic of
    Panama pursuant to paragraph 5 of Article III and paragraph 4
    (a) and (b) of Article XIII of the Panama Canal Treaty of 1977,
    and capital for plant replacement, expansion, and improvements.
    Tolls shall not be prescribed at rates calculated to produce
    revenues sufficient to cover payments to the Republic of Panama
    pursuant to paragraph 4(c) of Article XIII of the Panama Canal
    Treaty of 1977.
    ---------------------------------------------------------------------------
        \195\ Sec. 3521(b)(2) of Public Law 102-484 (106 Stat. 2657) struck
    out ``Panama Canal,'' and inserted in lieu thereof ``Panama Canal
    (including costs authorized to be paid from the Panama Canal
    Dissolution Fund under section 1305(c)),''.
        \196\ Sec. 5427 of Public Law 100-203 (101 Stat. 1330-274) added
    ``working capital,''.
    ---------------------------------------------------------------------------
        (c) Vessels operated by the United States, including
    vessels of war and auxiliary vessels, and ocean-going training
    ships owned by the United States and operated by State nautical
    schools, shall pay tolls.
        (d) The levy of tolls is subject to the provisions of
    section 1 of Article III of the treaty between the United
    States of America and Great Britain signed November 18, 1901,
    of Article I of the treaty between the United States of America
    and the Republic of Colombia signed April 6, 1914, and of
    Articles II, III, and VI of the Treaty Concerning Permanent
    Neutrality and Operation of the Panama Canal, between the
    United States of America and the Republic of Panama, signed
    September 7, 1977.

                            calculation of interest

        Sec. 1603.\197\ (a) For purposes of sections 1311 and 1602
    of this Act, interest shall be computed, at the rate determined
    by the Secretary of the Treasury, on the investment of the
    United States in the Panama Canal as shown in the accounts of
    the Panama Canal Company at the close of business on the day
    preceding the effective date of this Act, and as adjusted in
    accordance with subsections (b) and (c) of this section.
    Capital investment for interest purposes shall not include any
    interest during construction.
    ---------------------------------------------------------------------------
        \197\ 22 U.S.C. 3793.
    ---------------------------------------------------------------------------
        (b) The investment of the United States described in
    subsection (a) of this section--
              (1) shall be increased by--
                      (A) the amount of expenditures from the
                    Panama Canal Revolving Fund \198\, and
    ---------------------------------------------------------------------------
        \198\ Sec. 5425 of title V of Public Law 100-203 (101 Stat. 1330-
    274) struck out ``appropriations to the Commission made on or after the
    effective date of this Act'' and inserted in lieu thereof ``Panama
    Canal Revolving Fund''.
    ---------------------------------------------------------------------------
                      (B) the value of property transferred to the
                    Commission by any other department or agency of
                    the United States, as determined in accordance
                    with subsection (c) of this section; and
              (2) shall be decreased by--
                      (A) the amount of the funds deposited in the
                    Panama Canal Revolving Fund,\199\
    ---------------------------------------------------------------------------
        \199\ Sec. 5425 of Public Law 100-203 (101 Stat. 1330-274) struck
    out ``covered into the Panama Canal Commission Fund pursuant to section
    1302 of this Act'' and inserted in lieu thereof ``deposited in the
    Panama Canal Revolving Fund''. Previously, sec. 2 of Public Law 99-195
    (99 Stat. 1349) had struck out ``Treasury'' and inserted in lieu
    thereof ``Panama Canal Commission Fund''.
    ---------------------------------------------------------------------------
                      (B) the value of property transferred to the
                    Republic of Panama pursuant to this or any
                    other Act on or after the date on which the
                    Panama Canal Treaty of 1977 enters into force,
                    and
                      (C) the value of property transferred by the
                    Commission to any other department or agency of
                    the United States.
        (c) The value of property transferred to the Commission by
    any other department or agency of the United States shall be
    determined by the Director of the Office of Management and
    Budget. In computing such value, such Director shall give due
    consideration to the cost and probable earning power of the
    transferred property, or the usable value to the Commission if
    clearly less than cost, and shall make adequate provisions for
    depreciation, obsolescence, and other determinable decreases in
    value. Insofar as practicable, the value of such transferred
    property shall exclude any portion of such value properly
    allocable to national defense.
        (d) \200\ The Panama Canal Commission shall pay to the
    Treasury of the United States interest on the investment of the
    United States, as determined under this section. Such interest
    shall be deposited in the general fund of the Treasury.
    ---------------------------------------------------------------------------
        \200\ Sec. 5425(a)(3) of Public Law 100-203 (101 Stat. 1330-274)
    added subsec. (d).
    ---------------------------------------------------------------------------

                                   procedures

        Sec. 1604.\201\ (a) The Commission shall publish in the
    Federal Register notice of any proposed change in the rules of
    measurement or rates of tolls referred to in section 1601 \202\
    of this Act. The Commission shall give interested parties an
    opportunity to participate in the proceedings through
    submission of written data, views, or arguments, and
    participation in a public hearing to be held not less than 30
    days after the date of publication of the notice. The notice
    shall include the substance of the proposed change and a
    statement of the time, place, and nature of the proceedings. At
    the time of publication of such notice, the Commission shall
    make available to the public an analysis showing the basis and
    justification for the proposed change, which, in the case of a
    change in rates of tolls, shall indicate the conformity of the
    existing and proposed rates of tolls with the requirements of
    section 1602 of this Act, and the Commission's adherence to the
    requirement for full consideration of the following factors set
    forth in Understanding (1) incorporated in the Resolution of
    Ratification of the Treaty Concerning the Permanent Neutrality
    and Operation of the Panama Canal (adopted by the United States
    Senate on March 16, 1978):
    ---------------------------------------------------------------------------
        \201\ 22 U.S.C. 3794.
        \202\ Sec. 3528(1) of Public Law 104-106 (110 Stat. 641) struck out
    ``1601(a)'' and inserted in lieu thereof ``1601''.
    ---------------------------------------------------------------------------
              (1) the costs of operating and maintaining the Panama
            Canal;
              (2) the competitive position of the use of the Canal
            in relation to other means of transportation;
              (3) the interests of the United States and the
            Republic of Panama in maintaining their domestic
            fleets;
              (4) the impact of such a change in rates of tolls on
            the various geographical areas of each of the two
            countries; and
              (5) the interests of both countries in maximizing
            their international commerce.
        (b) After consideration of the relevant matter presented,
    the Commission may revise the proposed rules of measurement or
    rates of tolls, as the case may be, except that, in the case of
    rates of tolls, if such revision proposes rates greater than
    those originally proposed, a new analysis of the proposed rates
    shall be made available to the public, and a new notice of the
    revised proposal shall be published in the Federal Register
    apprising interested persons of the opportunity to participate
    further in the proceedings through submission of written data,
    views, or arguments, and participation in a public hearing to
    be held not less than 30 days after the date of publication of
    the new notice. The procedure set forth in this subsection
    shall be followed for any subsequent revision of the proposed
    rates of tolls by the Commission which proposes rates higher
    than those in the preceding proposal.
        (c) \203\ After the proceedings have been conducted
    pursuant to subsections (a) and (b), the Commission may change
    the rules of measurement or rates of tolls, as the case may be.
    The Commission shall publish notice of any such change in the
    Federal Register not less than 30 days before the effective
    date of the change.
    ---------------------------------------------------------------------------
        \203\ Sec. 3528(2) of Public Law 104-106 (110 Stat. 641) amended
    and restated subsec. (c).
    ---------------------------------------------------------------------------
        (d) \204\ Action to change the rules of measurement for the
    Panama Canal or the rates of tolls for the use of the Canal
    pursuant to this chapter shall be subject to judicial review in
    accordance with chapter 7 of title 5, United States Code.
    ---------------------------------------------------------------------------
        \204\ Sec. 3528(3) of Public Law 104-106 (110 Stat. 641) struck out
    subsecs. (d) and (e), and redesignated subsec. (f) as subsec. (d).
    ---------------------------------------------------------------------------
        Sec. 1605.\205\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \205\ Formerly at 22 U.S.C. 3795. Sec. 3546(a)(1) of Public Law
    104-201 (110 Stat. 2867) repealed sec. 1605, relating to interim toll
    adjustment.
    ---------------------------------------------------------------------------

                         Chapter 7--General Regulations

        Sec. 1701.\206\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \206\ Formerly at 22 U.S.C. 3801. Sec. 3546(a)(2) of Public Law
    104-201 (110 Stat. 2867) repealed sec. 1701, relating to the authority
    of the President to prescribe certain regulations.
    ---------------------------------------------------------------------------
        Sec. 1702.\207\ * * * [Repealed--1996]
    ---------------------------------------------------------------------------
        \207\ Formerly at 22 U.S.C. 3802. Sec. 3546(a)(3) of Public Law
    104-201 (110 Stat. 2867) repealed sec. 1702, relating to the authority
    of the Panama Canal Commission to prescribe certain regulations.
    ---------------------------------------------------------------------------

                       Chapter 8--Shipping and Navigation

                        Subchapter I--Operation of Canal

                             operating regulations

        Sec. 1801.\208\ The Commission \209\ may prescribe, and
    from time to time amend, regulations governing--
    ---------------------------------------------------------------------------
        \208\ 22 U.S.C. 3811.
        \209\ Sec. 3545 of Public Law 104-201 (110 Stat. 2867) struck out
    ``President'' and inserted in lieu thereof ``Commission''.
    ---------------------------------------------------------------------------
              (1) the operation of the Panama Canal;
              (2) the navigation of the harbors and other waters of
            the Panama Canal and areas adjacent thereto, including
            the ports of Balboa and Cristobal;
              (3) the passage and control of vessels through the
            Panama Canal or any part thereof, including the locks
            and approaches thereto;
              (4) pilotage in the Panama Canal or the approaches
            thereto through the adjacent waters; and
              (5) the licensing of officers or other operators of
            vessels navigating the waters of the Panama Canal and
            areas adjacent thereto, including the ports of Balboa
            and Cristobal.

                      Subchapter II--Inspection of Vessels

                         vessels subject to inspection

        Sec. 1811.\210\ With the exception of private vessels
    merely transiting the Panama Canal, and of public vessels of
    all nations, vessels navigating the waters of the Panama Canal
    shall be subject to an annual inspection of hulls, boilers,
    machinery, equipment, and passenger accommodations.
    ---------------------------------------------------------------------------
        \210\ 22 U.S.C. 3821.
    ---------------------------------------------------------------------------

                                foreign vessels

        Sec. 1812.\211\ With respect to a foreign vessel of a
    country which has inspection laws approximating those of the
    United States, any such vessel having an unexpired certificate
    of inspection duly issued by the authorities of such country
    shall not be subject to an inspection other than that necessary
    to determine whether the vessel, its boilers, and its
    lifesaving equipment are as stated in the certificate of
    inspection. A certificate of inspection may not be accepted as
    evidence of lawful inspection under this section unless similar
    privileges are granted to vessels of the United States under
    the laws of the country to which the vessel belongs.
    ---------------------------------------------------------------------------
        \211\ 22 U.S.C. 3822.
    ---------------------------------------------------------------------------

                        regulations governing inspection

        Sec. 1813.\212\ The Commission shall prescribe, and from
    time to time may amend, regulations concerning the inspection
    of vessels conforming as nearly as practicable to the laws and
    regulations governing marine inspection by the United States
    Coast Guard.
    ---------------------------------------------------------------------------
        \212\ 22 U.S.C. 3823.
        \213\ Sec. 3546(a)(4) of Public Law 104-201 (110 Stat. 2868)
    repealed title II, relating to the Treaty transition period. Sec.
    3546(a)(4) refers to this title as including 22 U.S.C. 3841-3852. Title
    II, in fact, also included 22 U.S.C. 3831, relating to laws,
    regulations, and administrative authority continued in force during the
    transition.
    ---------------------------------------------------------------------------

        TITLE II--TREATY TRANSITION PERIOD * * * [Repealed--1996] \213\

                         TITLE III--GENERAL PROVISIONS

                          Chapter 1--Procurement \214\

        Sec. 3101.\215\ (a) Panama Canal Acquisition Regulation.--
    (1) The Commission shall establish by regulation a
    comprehensive procurement system. The regulation shall be known
    as the ``Panama Canal Acquisition Regulation'' (in this section
    referred to as the ``Regulation'') and shall provide for the
    procurement of goods and services by the Commission in a manner
    that--
    ---------------------------------------------------------------------------
        \214\ Sec. 3541 of Public Law 105-85 (111 Stat. 2070) inserted a
    new chapter 1. Previously, sec. 3546(a)(5) of Public Law 104-201 (110
    Stat. 2868) repealed a former chapter 1 of Title III, relating to
    disinterment, transportation, and reinterment of remains.
        \215\ 22 U.S.C. 3861.
    ---------------------------------------------------------------------------
              (A) applies the fundamental operating principles and
            procedures in the Federal Acquisition Regulation;
              (B) uses efficient commercial standards of practice;
            and
              (C) is suitable for adoption and uninterrupted use by
            the Republic of Panama after the Canal Transfer Date.
        (2) The Regulation shall contain provisions regarding the
    establishment of the Panama Canal Board of Contract Appeals
    described in section 3102.
        (b) Supplement to Regulation.--The Commission shall develop
    a Supplement to the Regulation (in this section referred to as
    the `Supplement') that identifies both the provisions of
    Federal law applicable to procurement of goods and services by
    the Commission and the provisions of Federal law waived by the
    Commission under subsection (c).
        (c) Waiver Authority.--(1) Subject to paragraph (2), the
    Commission shall determine which provisions of Federal law
    should not apply to procurement by the Commission and may waive
    those laws for purposes of the Regulation and Supplement.
        (2) For purposes of paragraph (1), the Commission may not
    waive--
              (A) section 27 of the Office of Federal Procurement
            Policy Act (41 U.S.C. 423);
              (B) the Contract Disputes Act of 1978 (41 U.S.C. 601
            et seq.), other than section 10(a) of such Act (41
            U.S.C. 609(a)); or
              (C) civil rights, environmental, or labor laws.
        (d) Consultation With Administrator for Federal Procurement
    Policy.--In establishing the Regulation and developing the
    Supplement, the Commission shall consult with the Administrator
    for Federal Procurement Policy.
        (e) Effective Date.--The Regulation and the Supplement
    shall take effect on the date of publication in the Federal
    Register, or January 1, 1999, whichever is earlier.

                     panama canal board of contract appeals

        Sec. 3102.\216\ (a) Establishment.--(1) The Secretary of
    Defense, in consultation with the Commission, may \217\
    establish a board of contract appeals, to be known as the
    Panama Canal Board of Contract Appeals, in accordance with
    section 8 of the Contract Disputes Act of 1978 (41 U.S.C. 607).
    Except as otherwise provided by this section, the Panama Canal
    Board of Contract Appeals (in this section referred to as the
    ``Board'') shall be subject to the Contract Disputes Act of
    1978 (41 U.S.C. 601 et seq.) in the same manner as any other
    agency board of contract appeals established under that Act.
    ---------------------------------------------------------------------------
        \216\ 22 U.S.C. 3862.
        \217\ Sec. 3510(a)(1) of the Panama Canal Commission Authorization
    Act for Fiscal Year 1999 (title XXXV of Public Law 105-261; 112 Stat.
    2270) struck out ``shall'' and inserted in lieu thereof ``may''.
    ---------------------------------------------------------------------------
        (2) The Board shall consist of three members. At least one
    member of the Board shall be licensed to practice law in the
    Republic of Panama. Individuals appointed to the Board shall
    take an oath of office, the form of which shall be prescribed
    by the Secretary of Defense.
        (3) \218\ Compensation for members of the Board of Contract
    Appeals shall be established by the Commission's supervisory
    board. The annual compensation established for members may not
    exceed the rate of basic pay established for level IV of the
    Executive Schedule under section 5315 of title 5, United States
    Code. The compensation of a member may not be reduced during
    the member's term of office from the level established at the
    time of the appointment of the member.
    ---------------------------------------------------------------------------
        \218\ Sec. 3510(a)(2) of Public Law 105-261 (112 Stat. 2270) added
    para. (3).
    ---------------------------------------------------------------------------
        (b) Exclusive Jurisdiction To Decide Appeals.--
    Notwithstanding section 10(a)(1) of the Contract Disputes Act
    of 1978 (41 U.S.C. 609(a)(1)) or any other provision of law,
    the Board shall have exclusive jurisdiction to decide an appeal
    from a decision of a contracting officer under section 8(d) of
    such Act (41 U.S.C. 607(d)).
        (c) Exclusive Jurisdiction To Decide Protests.--The Board
    shall decide protests submitted to it under this subsection by
    interested parties in accordance with subchapter V of title 31,
    United States Code. Notwithstanding section 3556 of that title,
    section 1491(b) of title 28, United States Code, and any other
    provision of law, the Board shall have exclusive jurisdiction
    to decide such protests. For purposes of this subsection--
              (1) except as provided in paragraph (2), each
            reference to the Comptroller General in sections 3551
            through 3555 of title 31, United States Code, is deemed
            to be a reference to the Board;
              (2) the reference to the Comptroller General in
            section 3553(d)(3)(C)(ii) of such title is deemed to be
            a reference to both the Board and the Comptroller
            General;
              (3) the report required by paragraph (1) of section
            3554(e) of such title shall be submitted to the
            Comptroller General as well as the committees listed in
            such paragraph;
              (4) the report required by paragraph (2) of such
            section shall be submitted to the Comptroller General
            as well as Congress; and
              (5) section 3556 of such title shall not apply to the
            Board, but nothing in this subsection shall affect the
            right of an interested party to file a protest with the
            appropriate contracting officer.
        (d) Procedures.--The Board shall prescribe such procedures
    as may be necessary for the expeditious decision of appeals and
    protests under subsections (b) and (c).
        (e) Commencement.--The Board shall begin to function as
    soon as it has been established and has prescribed procedures
    under subsection (d).\219\
    ---------------------------------------------------------------------------
        \219\ Sec. 3510(b) of Public Law 105-261 (112 Stat. 2270) struck
    out ``, but not later than January 1, 1999''.
    ---------------------------------------------------------------------------
        (f) Transition.--The Board shall have jurisdiction under
    subsections (b) and (c) over any appeals and protests filed on
    or after the date on which the Board begins to function. Any
    appeals and protests filed before such date shall remain before
    the forum in which they were filed.
        (g) Other Functions.--The Board may perform functions
    similar to those described in this section for such other
    matters or activities of the Commission as the Commission may
    determine and in accordance with regulations prescribed by the
    Commission.

                             Chapter 2--Immigration

                               special immigrants

        Sec. 3201.\220\ * * *
    ---------------------------------------------------------------------------
        \220\ Former subsecs. (a) and (b) of sec. 3201 amended several
    sections of the Immigration and Nationality Act. Sec. 212(a) of Public
    Law 103-416 (108 Stat. 4314) repealed subsec. (c) of sec. 3201, which
    formerly read as follows:
        ``(c) Notwithstanding any other provision of law, not more than
    15,000 individuals may be admitted to the United States as special
    immigrants under subparagraphs (E), (F), or (G) of section 101(a)(27)
    of the Immigration and Nationality Act, as added by subsection (a) of
    this section, of which not more than 5,000 may be admitted in any
    fiscal year.''.
    ---------------------------------------------------------------------------

     Chapter 3--Reports, Amendments; Repeals and Redesignation; Effective
                                      Date

                                     report

        Sec. 3301.\221\ Until the termination of the Panama Canal
    Treaty of 1977, the President shall report annually on the
    status of the exercise of the rights and responsibilities of
    the United States under that Treaty. Such report shall include
    a discussion of the following:
    ---------------------------------------------------------------------------
        \221\ 22 U.S.C. 3871.
    ---------------------------------------------------------------------------
              (1) The actions taken by the Government of the
            Republic of Panama with respect to the living
            conditions of persons who resided in the Canal Zone
            before the effective date of this Act and who continue
            to reside in those areas made available to the United
            States under the Agreement in Implementation of Article
            III of the Panama Canal Treaty.
              (2) The terms, conditions, and charges for land-use
            licenses within the canal operating areas specified in
            the Agreement in Implementation of Article III of the
            Panama Canal Treaty.
              (3) The condition of former employees (and their
            dependents) of the Panama Canal Company and the Canal
            Zone Government who reside in the Republic of Panama on
            or after the effective date of this Act.

                  exemption from metric conversion act of 1975

        Sec. 3302.\222\ The Commission is exempt from the
    provisions of the Metric Conversion Act of 1975 (15 U.S.C. 205a
    et seq.).
    ---------------------------------------------------------------------------
        \222\ Sec. 3547 of Public Law 104-201 (110 Stat. 2868) amended and
    restated sec. 3302. The former version of sec. 3302 had made amendments
    in several provisions of law to conform with this Act.
    ---------------------------------------------------------------------------

                           repeals and redesignation

        Sec. 3303.\223\ * * *
    ---------------------------------------------------------------------------
        \223\ Sec. 3303 repealed or redesignated several provisions of law
    to conform with this Act.
    ---------------------------------------------------------------------------

                                 effective date

        Sec. 3304. Except as provided in sections 1231, 1232, 1241,
    1242, 1261, 1605, 2203, 2402, 3101, and 3201 of this Act, the
    preceding provisions of this Act shall take effect on the date
    on which the Panama Canal Treaty of 1977 enters into
    force.\224\
    ---------------------------------------------------------------------------
        \224\ October 1, 1979.
            b. Panama Canal Commission Compensation Fund Act of 1988

     Public Law 100-705 [H.R. 5287], 102 Stat. 4685, approved November 19,
    1988; as amended by Public Law 101-510 [National Defense Authorization
    Act for Fiscal Year 1991; H.R. 4739], 104 Stat. 1485, approved November
    5, 1990; and Public Law 105-85 [National Defense Authorization Act for
      Fiscal Year 1998; H.R. 1119], 111 Stat. 1629, approved November 18,
                                      1997

     AN ACT To establish the Panama Canal Commission Compensation Fund to
        provide for the accumulation of funds to meet the Panama Canal
      Commission's obligations under chapter 81 of title 5, United States
                         Code, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Panama Canal Commission
    Compensation Fund Act of 1988''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 3601 note.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ ESTABLISHMENT OF COMPENSATION FUND.

        There is established in the Treasury of the United States
    the Panama Canal Commission Compensation Fund (hereafter in
    this Act referred to as the ``Fund'').
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 3715.
    ---------------------------------------------------------------------------

    SEC. 3.\3\ OPERATION OF THE FUND.

        (a) Deposits to the Fund.--The Panama Canal Commission
    shall make deposits on a regular basis to the Fund, beginning
    on October 1, 1988, to accumulate an amount sufficient to
    defray the estimated total cost of liability for the workers'
    compensation benefits and other payments payable under chapter
    81 of title 5, United States Code, for the disability or death
    of employees of the Panama Canal Commission or any of its
    predecessor agencies on account of injuries sustained on or
    before December 31, 1999, except for those claims arising
    before, on, or after October 1, 1988, for which the Secretary
    of Labor has assumed fiscal responsibility.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 3715a.
    ---------------------------------------------------------------------------
        (b) Calculation of Amounts To Be Deposited.--The amounts
    deposited under subsection (a) shall be based upon periodic
    actuarial studies conducted by experts or consultants whose
    services are procured by the Panama Canal Commission by
    contract. The amounts of such deposits shall take into
    consideration interest earnings in accordance with subsection
    (c) of this section and expected cost-of-living adjustments as
    provided in section 8146a of title 5, United States Code, but
    not amounts payable by the Commission for continuation of pay
    pursuant to section 8118 of such title.
        (c) Investment of Amounts in the Fund.--The Secretary of
    the Treasury, upon the request of the Secretary of Labor, shall
    invest moneys in the Fund in public debt securities which shall
    bear interest at rates determined by the Secretary of the
    Treasury, taking into consideration the current average market
    yield on outstanding marketable obligations of the United
    States of comparable maturity. Such interest shall be credited
    to and form part of the Fund.

    SEC. 4.\4\ TRANSFERS FROM THE FUND FOR COMPENSATION BENEFITS.

        The Secretary of the Treasury shall, upon request of the
    Secretary of Labor, transfer funds from the Fund to the
    Employees' Compensation Fund to reimburse the Employees'
    Compensation Fund for the total cost of workers' compensation
    benefits and other payments described in section 3(a) that are
    provided on or after October 1, 1988.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 3715b.
    ---------------------------------------------------------------------------

    SEC. 5.\5\ FINAL EVALUATION OF THE FUND; DEFICIENCY OR SURPLUS IN THE
                        FUND.

        (a) Final Evaluation of the Fund.--By March 31, 1998, the
    Secretary of Labor \6\ shall, on the basis of an actuarial
    study conducted by experts or consultants whose services are
    procured by the Secretary of Labor by contract, make a final
    determination of the amounts estimated to be necessary to meet
    expenditures for workers' compensation benefits and other
    payments described in section 3(a), as calculated in accordance
    with the second sentence of section 3(b). Amounts in the Fund
    shall be used to pay for the final determination under this
    subsection.\7\
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 3715c.
        \6\ Sec. 3507(1) of Public Law 101-510 (104 Stat. 1847) struck out
    ``Upon the termination of the Panama Canal Commission:'' preceding
    subsec. (a). In subsec. (a), sec. 3507(2)(A) of that Act struck out
    ``The Secretary of Labor'' and inserted in lieu thereof ``Upon the
    termination of the Panama Canal Commission, the Secretary of Labor''.
    Subsequently, sec. 3545 of Public Law 105-85 (111 Stat. 2072) struck
    out ``Upon the termination of the Panama Canal Commission'' and
    inserted in lieu thereof ``By March 31, 1998''.
        \7\ Sec. 3507(2)(B) of Public Law 101-510 (104 Stat. 1847) struck
    out ``The Secretary of the Treasury shall, in accordance with such
    final determination, transfer from the Fund to the Employee
    Compensation Fund amounts sufficient to meet expenditures for workers'
    compensation benefits and other payments described in section 3(a).''.
    ---------------------------------------------------------------------------
        (b) Deficiency or Surplus in the Fund.--If amounts in the
    Fund are not sufficient to meet expenditures as determined by
    the Secretary of Labor under subsection (a) \8\ for workers'
    compensation benefits and other payments described in section
    3(a), then amounts in the Panama Canal Revolving Fund not
    otherwise obligated shall be transferred to the Fund \9\ to
    make up the deficiency. Any amounts remaining in the Fund in
    excess of the final determination amount as described in
    subsection (a) shall be transferred to the Panama Canal
    Revolving Fund, and may be used to satisfy lawful obligations
    of the Revolving Fund arising on or before December 31, 1999.
    ---------------------------------------------------------------------------
        \8\ Sec. 3507(3)(A) of Public Law 101-510 (104 Stat. 1847) inserted
    ``under subsection (a)''.
        \9\ Sec. 3507(3)(B) of Public Law 101-510 (104 Stat. 1847) struck
    out ``Employees Compensation'' before ``Fund''.
    ---------------------------------------------------------------------------
        (c) \10\ Continuity of the Fund.--(1) Amounts in the Fund
    (including amounts transferred as a result of the final
    determination made under subsection (a)) shall be maintained by
    the Secretary of the Treasury, shall be made available for
    transfer to the Employees' Compensation Fund in such amounts as
    are requested by the Secretary of Labor pursuant to section 4,
    and may be discontinued only in accordance with paragraph (2).
    ---------------------------------------------------------------------------
        \10\ Sec. 3507(4) of Public Law 101-510 (104 Stat. 1847) added
    subsec. (c).
    ---------------------------------------------------------------------------
        (2) At such time as the Secretary of Labor certifies that
    no further liability exists for workers compensation benefits
    or other payments described in section 3(a), the Secretary of
    the Treasury may discontinue the Fund in the manner provided by
    law.

    SEC. 6.\11\ CONTINUATION OF BENEFITS.

        The provisions of chapter 81 of title 5, United States
    Code, shall, on or after the effective date of this Act,
    continue to be the exclusive remedy, in accordance with section
    8116 of such title, for the disability or death of any employee
    of the Panama Canal Commission, or any of its predecessor
    agencies, who is covered under such chapter, resulting from
    injuries sustained while in the performance of the employee's
    duty. The rights of any such employee for workers' compensation
    benefits shall be based only on the provisions of the chapter.
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 3715d.
        \12\ Secs. 7 through 9 amended the Panama Canal Act of 1979.
    ---------------------------------------------------------------------------

    SEC. 7.\12\ * * *

    SEC. 8.\12\ * * *

    SEC. 9.\12\ * * *

    SEC. 10. EFFECTIVE DATE.

        This Act takes effect on October 1, 1988.
                      c. Panama Canal--Report to Congress

     Partial text of Public Law 100-203 [Omnibus Budget Reconciliation Act
    of 1987; H.R. 3545], 101 Stat. 1330 at 1330-271, approved December 22,
                                      1987

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
              * * * * * * *

                   TITLE V--ENERGY AND ENVIRONMENTAL PROGRAMS

              * * * * * * *

                            Subtitle E--Panama Canal

              * * * * * * *

                      PART 1--PANAMA CANAL REAUTHORIZATION

              * * * * * * *
        Sec. 5418. Report to Congress.
        Out of the funds authorized to be appropriated by this
    part, the Commission \1\ shall prepare and submit to the
    Congress a report on--
    ---------------------------------------------------------------------------
        \1\ The Panama Canal Commission.
    ---------------------------------------------------------------------------
              (1) the condition of the Panama Canal and potential
            adverse effects on United States shipping and commerce;
              (2) the effect on canal operations of the military
            forces under General Noriega; and
              (3) the Commission's evaluation of the effect on
            canal operations if the Panamanian Government continues
            to withhold its consent to major factors in the United
            States Senate's ratification of the Panama Canal
            Treaties.
              * * * * * * *
                    d. Delegation of Panama Canal Functions

      Executive Order 12215, May 27, 1980, 45 F.R. 36043, 22 U.S.C. 3601
    note; as amended by Executive Order 12652, September 19, 1988, 53 F.R.
                                     36775

        By the authority vested in me as President of the United
    States of America by the Panama Canal Code (76A Stat. 1), as
    amended, by the Panama Canal Act of 1979 (93 Stat. 452; 22
    U.S.C. 3601 et seq.), and by Section 301 of Title 3 of the
    United States Code, it is hereby ordered as follows:

    1-1. The Secretary of Defense.

        1-101. The Secretary of Defense shall develop for the
    President's consideration an appropriate legislative proposal
    as required by Section 3(d) of the Panama Canal Act of 1979 (93
    Stat. 456; 22 U.S.C. 3602(d)). The Secretary of Defense shall
    coordinate development of this proposal with the Secretary of
    State and the heads of other interested Executive agencies.
        1-102. The function vested in the President by Section
    1212(d)(1) of the Panama Canal Act of 1979 (93 Stat. 464; 22
    U.S.C. 3652(d)(1)) to exclude employees of, or positions
    within, the Department of Defense from coverage under any
    provision of subchapter II, Chapter 2 of Title I of the Panama
    Canal Act of 1979, is delegated to the Secretary of Defense.
        1-103. The function vested in the President by Section
    1281(b) of Title 6 of the Panama Canal Code (76A Stat. 455; 6
    P.C.C. 1281(b)), as amended, with respect to areas and
    installations made available to the United States pursuant to
    the Agreement in Implementation of Article IV of the Panama
    Canal Treaty of 1977 is delegated to the Secretary of Defense.
        1-104. The function vested in the President by Section 1701
    of the Panama Canal Act of 1979 (93 Stat. 492; 22 U.S.C. 3801),
    with respect to regulations applicable within the areas and
    installations made available to the United States pursuant to
    the Agreement in Implementation of Article IV of the Panama
    Canal Treaty of 1977, is delegated to the Secretary of Defense.
        1-105. The functions vested in the President by Sections
    1243(c)(1) and 2401 of the Panama Canal Act of 1979 (93 Stat.
    474 and 495; 22 U.S.C. 3681(c)(1) and 3851) are delegated to
    the Secretary of Defense.
        1-106. The functions vested in the President by Section
    1502(a) of the Panama Canal Act of 1979 (93 Stat. 488; 22
    U.S.C. 3782(a)) are delegated to the Secretary of Defense.

    1-2. Coordination of Pay and Employment Practices.

        1-201. In order to coordinate the policies and activities
    of agencies under subchapter II of Chapter 2 of Title I of the
    Panama Canal Act of 1979 (93 Stat. 463; 22 U.S.C. 3651 et
    seq.), each agency shall periodically consult with the
    Secretary of Defense with respect to the establishment of rates
    of pay, in order to develop compatible or unified systems of
    basic pay. In addition, each agency shall consult with the
    Secretary of Defense on such other matters as the Secretary may
    deem appropriate in order to develop compatible or unified
    employment practices.
        1-202. The head of each agency shall, upon approval by the
    Secretary of Defense, adopt a schedule of basic pay pursuant to
    Section 1215 of the Panama Canal Act of 1979 (93 Stat. 465; 22
    U.S.C. 3655) and adopt regulations governing other matters
    relating to pay and employment practices.
        1-203. The authority vested in the President by Section
    1223(a) of the Panama Canal Act of 1979 to coordinate the
    policies and activities of agencies (93 Stat. 467; 22 U.S.C.
    3663(a)) is delegated to the Secretary of Defense. The
    Secretary shall exercise such functions in a manner which is in
    accord with the provisions of Sections 1-201 and 1-202 of this
    Order.

    1-3. Panama Canal Commission.

        1-301. The functions vested in the President and delegated
    to the Secretary of Defense in this Section 1-3 of this Order
    shall be carried out by the Secretary of Defense, who shall, in
    carrying out the said functions, provide, by redelegation or
    otherwise, for their performance, in a manner consistent with
    paragraph 3 of Article III of the Panama Canal Treaty of 1977,
    by the Panama Canal Commission.
        1-302. The authority of the President under Section 1104 of
    the Panama Canal Act of 1979 (93 Stat. 457; 22 U.S.C. 3614) to
    fix the compensation of and to define the authorities and
    duties of the Deputy Administrator and the Chief Engineer is
    delegated to the Secretary of Defense.
        1-303. The functions vested in the President by Sections
    1418, 1801, and 2206 of the Panama Canal Act of 1979 (93 Stat.
    487, 492, and 494; 22 U.S.C. 3778, and 3844) are delegated to
    the Secretary of Defense.
        1-304. The authority of the President under Section 1701 of
    the Panama Canal Act of 1979 (93 Stat. 492; 22 U.S.C. 3801)
    with respect to regulations applicable within the areas and
    installations made available to the United States pursuant to
    the Agreement in Implementation of Article III of the Panama
    Canal Treaty of 1977 is delegated to the Secretary of Defense.
        1-305. The function vested in the President by Section
    1281(b) of Title 6 of the Panama Canal Code (76A Stat. 455; 6
    P.C.C. 1281(b)), as amended, with respect to areas and
    installations in the Republic of Panama made available to the
    United States pursuant to the Agreement in Implementation of
    Article III of the Panama Canal Treaty of 1977 is delegated to
    the Secretary of Defense.
        1-306. The function vested in the President by Sections 82
    and 86 of Title 3 of the Panama Canal Code (76A Stat. 54 and
    55; 3 P.C.C. 82 and 86), as amended, are delegated to the
    Secretary of Defense.
        1-307.\1\ * * * [Rescinded--1988]
    ---------------------------------------------------------------------------
        \1\ Sec. 1 of Executive Order 12652 of September 19, 1988 (53 F.R.
    36775; September 22, 1988), rescinded sec. 1-307. It formerly read as
    follows:
        ``1-307. The functions vested in the President by subsections (a),
    (b) and (c) of Section 8146 of Title 5 of the United States Code, as
    they apply to the employees of the Panama Canal Commission, are
    delegated to the Secretary of Defense.''.
        Executive Order 12652 also provided:
        ``Sec. 2. The transfer and other exercises of authority made
    pursuant to Section 1-307 of Executive Order 12215 in Department of
    Defense Memorandum, `Implementation of Executive Order 12215,
    ``Delegation of Panama Canal Functions'',' July 18, 1980, are
    rescinded.
        ``Sec. 3. This Order shall be effective January 1, 1989.''.
    ---------------------------------------------------------------------------
        1-308. Except to the extent heretofore delegated, the
    functions vested in the President pursuant to subchapter II of
    Chapter 2 of Title I of the Panama Canal Act of 1979 (93 Stat.
    463) are hereby delegated to the Secretary of Defense.

    1-4. Other Agencies.

        1-401. The functions vested in the President by Sections
    1111 and 3301 of the Panama Canal Act of 1979 (93 Stat. 459 and
    497; 22 U.S.C. 3621 and 3871), are delegated to the Secretary
    of State. The Secretary shall perform these functions in
    coordination with the Secretary of Defense.
        1-402. The functions vested in the President by Sections
    1112(d), 1344(b), and 1504(b) of the Panama Canal Act of 1979
    (93 Stat. 460, 484, and 488; 22 U.S.C. 3622(d), 3754(b), and
    3784(b)) are delegated to the Secretary of State.
        1-403. The functions vested in the President by Section
    1243(a)(1) of the Panama Canal Act of 1979 (93 Stat. 473; 22
    U.S.C. 3681(a)(1)) are delegated to the Director of the Office
    of Personnel Management.
        1-404. Paragraphs (22) and (23) of Section 1 of Executive
    Order No. 11609, as amended, and Executive Order No. 11713 are
    revoked.
    =======================================================================

                          H. UNITED NATIONS AND OTHER

                          INTERNATIONAL ORGANIZATIONS

                                    CONTENTS

                                                                       Page
     1. United Nations Participation Act of 1945, as amended (Public
        Law 79-264)..................................................   809
     2. Department of State Authorization Act, Fiscal Year 2003
        (Public Law 107-228) (partial text)..........................   826
     3. United Nations Reform Act of 1999 (Public Law 106-113)
        (partial text)...............................................   830
     4. United Nations Headquarters Agreement Act (Public Law 80-357)
        (partial text)...............................................   842
     5. U.S. Participation in Certain International Organizations
        (Public Law 81-806) (partial text)...........................   846
     6. Appropriations Limitation on Contributions to International
        Organizations (Public Law 92-544) (partial text).............   847
     7. U.N. Provisions in Foreign Relations Authorization Acts......   849
     8. United Nations Peacekeeping Forces in the Middle East (Public
        Law 94-37)...................................................   850
     9. Response to United Nations Resolution on Zionism.............   851
    10. United Nations Environment Program Participation Act of 1973
        (Public Law 93-188)..........................................   852
    11. Support of Peaceful Settlement of Disputes (Executive Order
        10206).......................................................   853
    12. Privileges and Immunities....................................   854
          a. International Organizations Immunities Act, as amended
              (Public Law 79-291) (partial text).....................   854
          b. Extending Certain Privileges to Representatives of
              Member States on the Council of the Organization of
              American States (Public Law 82-486)....................   862
          c. Extending Diplomatic Privileges to the Mission of the
              Commission of the European Communities (Public Law 92-
              499)...................................................   863
          d. Extending Diplomatic Privileges to the Liaison Office of
              the People's Republic of China (Public Law 93-22)......   864
          e. Extending Certain Privileges to the International
              Development Law Institute (Public Law 102-511) (partial
              text)..................................................   865
          f. Extending Certain Privileges to Hong Kong Economic and
              Trade Offices (Public Law 105-22)......................   866
          g. Protection and Prevention of Crimes Against
              Internationally Protected Persons (18 U.S.C.) (partial
              text)..................................................   867
          h. U.S. Secret Service.....................................   875
              (1) Protection of Foreign Diplomatic Missions by the
                  U.S. Secret Service (18 U.S.C. 3056A) (partial
                  text)..............................................   875
              (2) Transfer of Authority to the Secretary of State To
                  Make Reimbursements for Protection of Foreign
                  Missions to International Organizations (Executive
                  Order 12478).......................................   877
          i. Foreign Sovereign Immunities (28 U.S.C.) (partial text).   878
          j. Diplomatic Relations Act (Public Law 95-393) (partial
              text)..................................................   890
          k. Diplomatic Reciprocity..................................   893
              (1) Equivalency of Representation Between U.S. and
                  Hostile Powers (Public Law 98-618) (partial text)..   893
              (2) Soviet Employees on U.S. Diplomatic Premises
                  (Public Law 99-93) (partial text)..................   895
    13. Relating to International Agreements on Children.............   896
          a. Intercountry Adoption Act of 2000 (Public Law 106-279)..   896
          b. Extradition Treaties Interpretation Act of 1998 (Public
              Law 105-323)...........................................   915
          c. International Child Abduction Remedies Act (Public Law
              100-300)...............................................   916
          d. Relating to the Implementation of the Convention on the
              Civil Aspects of International Child Abduction
              (Executive Order 12648)................................   924
          e. Child Health Revolution (Public Law 98-198).............   925

    =======================================================================

          1. United Nations Participation Act of 1945, as amended \1\

    Public Law 79-264 [S. 1580], 59 Stat. 619, approved December 20, 1945;
     as amended by Public Law 81-216 [National Security Act Amendments of
     1949, H.R. 5632], 63 Stat. 578, approved August 10, 1949; Public Law
    81-341 [H.R. 4708], 63 Stat. 734, approved October 10, 1949; Public Law
    86-707 [Overseas Differentials and Allowances Act, H.R. 7758], 74 Stat.
    792, approved September 6, 1960; Public Law 89-206 [S. 1903], 79 Stat.
      841, approved September 28, 1965; Public Law 93-126 [Department of
     State Appropriations Authorization Act of 1973, H.R. 7645], 87 Stat.
    451, approved October 18, 1973; Public Law 95-12 [H.R. 1746], 91 Stat.
    22, approved March 18, 1977; Public Law 96-465 [Foreign Service Act of
      1980, H.R. 6790], 94 Stat. 2071 at 2160, approved October 17, 1980;
    Public Law 97-241 [Department of State Authorization Act, Fiscal Years
     1982 and 1983; S. 1193], 96 Stat. 273 at 279 and 280, approved August
      24, 1982; Public Law 98-164 [Department of State Authorization Act,
    Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat. 1017 at 1035, approved
        November 22, 1983; Public Law 100-459 [Departments of Commerce,
    Justice, and State, the Judiciary, and Related Agencies Appropriations
      Act, 1989; H.R. 4782], approved October 1, 1988; Public Law 103-236
    [Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; H.R.
       2333], 108 Stat. 382, approved April 30, 1994; Public Law 106-113
    [Admiral James W. Nance and Meg Donovan Foreign Relations Authorization
    Act, Fiscal Years 2000 and 2001; H.R. 3427, enacted by reference], 113
          Stat. 1536, approved November 29, 1999; Public Law 106-309
     [Microenterprise for Self-Reliance and International Anti-Corruption
    Act of 2000; H.R. 1143], 114 Stat. 1078, approved October 17, 2000; and
     Public Law 107-228 [Foreign Relations Authorization Act, Fiscal Year
         2003; H.R. 1646], 116 Stat. 1350, approved September 30, 2002
    ---------------------------------------------------------------------------

        \1\ See related legislation: Department of State and Related Agency
    Appropriations Act, 2005, particularly sec. 411; Department of State
    Authorization Act, Fiscal Year 2003, particularly sec. 113 and title
    IV; Department of State and Related Agency Appropriations Act, 2002,
    particularly sec. 404; Admiral James W. Nance and Meg Donovan Foreign
    Relations Authorization Act, Fiscal Years 2000 and 2001, especially
    title VII, subtitle B; Foreign Relations Authorization Act, Fiscal
    Years 1994 and 1995, especially title IV, part A; Foreign Relations
    Authorization Act, Fiscal Years 1992 and 1993, secs. 161, 170, 174,
    175, 192, 212, and 364; Foreign Relations Authorization Act, Fiscal
    Years 1990 and 1991, secs. 406 through 408; Foreign Relations
    Authorization Act, Fiscal Years 1988 and 1989, title VII and sec. 1211;
    Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, sec.
    151; Department of State Authorization Act, Fiscal Years 1984 and 1985,
    secs. 113 through 116, 118, and 119; Department of State Authorization
    Act, Fiscal Years 1982 and 1983, secs. 104, 108, and 109; Foreign
    Relations Authorization Act, Fiscal Year 1979, secs. 103 and 609;
    Foreign Relations Authorization Act, Fiscal Year 1978, sec. 503; and
    Foreign Relations Authorization Act, Fiscal Year 1976, secs. 205 and
    503.
    ---------------------------------------------------------------------------

    AN ACT To provide for the appointment of representatives of the United
     States in the organs and agencies of the United Nations, and to make
    other provision with respect to the participation of the United States
                             in such organization.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``United Nations Participation Act of
    1945''.
        Sec. 2. (a) \2\ The President, by and with the advice and
    consent of the Senate, shall appoint a representative of the
    United States to the United Nations who shall have the rank and
    status of Ambassador Extraordinary and Plenipotentiary and
    shall hold office at the pleasure of the President. Such
    representative shall represent the United States in the
    Security Council of the United Nations and may serve ex officio
    as representative of the United States in any organ,
    commission, or other body of the United Nations other than
    specialized agencies of the United Nations, and shall perform
    such other functions in connection with the participation of
    the United States in the United Nations as the President may,
    from time to time, direct.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 287. Sec. 1(a) of Public Law 89-206 (79 Stat. 841)
    amended and restated subsecs. (a) and (b); previously, sec. 2 of Public
    Law 81-341 (63 Stat. 734) had amended and restated these subsections.
    ---------------------------------------------------------------------------
        (b) \2\ The President, by and with the advice and consent
    of the Senate, shall appoint additional persons with
    appropriate titles, rank, and status to represent the United
    States in the principal organs of the United Nations and in
    such organs, commissions, or other bodies as may be created by
    the United Nations with respect to nuclear energy or
    disarmament (control and limitation of armament). Such persons
    shall serve at the pleasure of the President and subject to the
    direction of the Representative of the United States to the
    United Nations. They shall, at the direction of the
    Representative of the United States to the United Nations,
    represent the United States in any organ, commission, or other
    body of the United Nations, including the Security Council, the
    Economic and Social Council, and the Trusteeship Council, and
    perform such other functions as the Representative of the
    United States is authorized to perform in connection with the
    participation of the United States in the United Nations. Any
    Deputy Representative or any other officer holding office at
    the time the provisions of this Act, as amended, become
    effective shall not be required to be reappointed by reason of
    the enactment of this Act, as amended.
        (c) \3\ The President, by and with the advice and consent
    of the Senate, shall designate from time to time to attend a
    specified session or specified sessions of the General Assembly
    of the United Nations not to exceed five representatives of the
    United States and such number of alternates as he may determine
    consistent with the rules of procedure of the General Assembly.
    One of the representatives shall be designated as the senior
    representative.
    ---------------------------------------------------------------------------
        \3\ Sec. 1 of Public Law 81-341 (63 Stat. 734) amended and restated
    subsec. (c).
    ---------------------------------------------------------------------------
        (d) \4\ The President may also appoint from time to time
    such other persons as he may deem necessary to represent the
    United States in organs and agencies of the United Nations. The
    President may, without the advice and consent of the Senate,
    designate any officer of the United States to act without
    additional compensation as the representative of the United
    States in either the Economic and Social Council or the
    Trusteeship Council (1) at any specified session thereof where
    the position is vacant or in the absence or disability of the
    regular representative or (2) in connection with a specified
    subject matter at any specified session of either such council
    in lieu of the regular representative. The President may
    designate any officer of the Department of State, whose
    appointment is subject to confirmation by the Senate, to act,
    without additional compensation, for temporary periods as the
    representative of the United States in the Security Council of
    the United Nations in the absence or disability of the
    representatives provided for under section 2 (a) and (b) or in
    lieu of such representatives in connection with a specified
    subject matter.
    ---------------------------------------------------------------------------
        \4\ Sec. 1(b) of Public Law 89-206 (79 Stat. 841) amended and
    restated subsec. (d); sec. 1 of Public Law 81-341 (63 Stat. 735)
    previously had amended and restated this subsection.
    ---------------------------------------------------------------------------
        (e) \5\ The President, by and with the advice and consent
    of the Senate, shall appoint a representative of the United
    States to the European office of the United Nations with
    appropriate rank and status who shall serve at the pleasure of
    the President and subject to the direction of the Secretary of
    State. Such person shall, at the direction of the Secretary of
    State, represent the United States at the European office of
    the United Nations, and perform such other functions there in
    connection with the participation of the United States in
    international organizations as the Secretary of State may, from
    time to time, direct.
    ---------------------------------------------------------------------------
        \5\ Sec. 2 of Public Law 81-341 (61 Stat. 735) added a new subsec.
    (f). Subsequently, sec. 2 of Public Law 89-206 (79 Stat. 841)
    redesignated subsecs. (e) and (f) as subsecs. (f) and (g) respectively,
    and added a new subsec. (e).
    ---------------------------------------------------------------------------
        (f) \5\ Nothing contained in this section shall preclude
    the President, or the Secretary of State, at the direction of
    the President from representing the United States at any
    meeting or session of any organ or agency of the United
    Nations.
        (g) \5\ All persons appointed in pursuance of authority
    contained in this section shall receive compensation at rates
    determined by the President upon the basis of duties to be
    performed but not in excess of rates authorized by sections
    401, 402, and 403 of the Foreign Service Act of 1980 for chiefs
    of mission, members of the Senior Foreign Service, and Foreign
    Service officers occupying positions of equivalent importance,
    except that no Member of the Senate or House of Representatives
    or officer of the United States who is designated under
    subsections (c) and (d) of this section as a representative of
    the United States or as an alternate to attend any specified
    session or specified sessions of the General Assembly shall be
    entitled to receive such compensation.\6\
    ---------------------------------------------------------------------------
        \6\ Sec. 2206(a)(2) of Public Law 96-465 (94 Stat. 2160) added the
    references in this sentence to the Foreign Service Act of 1980 and to
    the Senior Foreign Service, effective February 15, 1981. These
    references replaced references to the Foreign Service Act of 1946.
    ---------------------------------------------------------------------------
        (h) \7\ The President, by and with the advice and consent
    of the Senate, shall appoint a representative of the United
    States to the Vienna office of the United Nations with
    appropriate rank and status, who shall serve at the pleasure of
    the President and subject to the direction of the Secretary of
    State. Such individual shall, at the direction of the Secretary
    of State, represent the United States at the Vienna office of
    the United Nations and perform such other functions there in
    connection with the participation of the United States in
    international organizations as the Secretary of State from time
    to time may direct. The representative of the United States to
    the Vienna office of the United Nations shall also serve as
    representative of the United States to the International Atomic
    Energy Agency.\8\
    ---------------------------------------------------------------------------
        \7\ Sec. 118 of the Department of State Authorization Act, Fiscal
    Years 1982 and 1983 (Public Law 97-273; 96 Stat. 279) added subsec.
    (h).
        \8\ Sec. 708(a) of the Admiral James W. Nance and Meg Donovan
    Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (H.R.
    3427, enacted by reference in sec. 1000(a)(7) of Public Law 106-113;
    113 Stat. 1536), added the last sentence of this subsection.
    ---------------------------------------------------------------------------
        Sec. 3.\9\ The representatives provided for in section 2
    hereof, when representing the United States in the respective
    organs and agencies of the United Nations, shall, at all times,
    act in accordance with the instructions of the President
    transmitted by the Secretary of State unless other means of
    transmission is directed by the President, and such
    representatives shall, in accordance with such instructions,
    cast any and all votes under the Charter in the United Nations.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 287a.
    ---------------------------------------------------------------------------
        Sec. 4. (a) Periodic Reports.-- \10\ The President shall,
    from time to time as occasion may require, but not less than
    once each year, make reports to the Congress of the activities
    of the United Nations and of the participation of the United
    States therein.\11\
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 287b. Sec. 406 of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108
    Stat. 448), inserted ``(a) Periodic Reports.--'', and added new
    subsecs. (b) and (c). Subsequently, sec. 405(a)(1) of the Department of
    State Authorization Act, Fiscal Year 2003 (division A of Public Law
    107-228; 116 Stat. 1390), struck out subsecs. (b) and (c), which
    formerly read as follows:
        ``(b) Transmittal of Security Council Resolutions.--Not later than
    3 days (excluding Saturdays, Sundays, and legal holidays) after
    adoption of any resolution by the Security Council, the Secretary of
    State shall transmit the text of such resolution and any supporting
    documentation to the designated congressional committees.
        ``(c) Reports on Peacekeeping Operations.--The Secretary of State
    shall promptly transmit to the designated congressional committees any
    published report prepared by the United Nations and distributed to the
    members of the Security Council that contains assessments of any
    proposed, ongoing, or concluded United Nations peacekeeping
    operation.''.
        Sec. 405(a)(2) of that Act added the current subsec. (b).
        \11\ Sec. 724(a)(1) of Public Law 106-113 (113 Stat. 1536) struck
    out ``He shall make special current reports on decisions of the
    Security Council to take enforcement measures under the provisions of
    the Charter of the United Nations, and on the participation therein,
    under his instructions, of the representative of the United States.''.
    ---------------------------------------------------------------------------
        (b) \10\ Annual Report on Financial Contributions.--Not
    later than July 1 of each year, the Secretary of State shall
    submit a report to the designated congressional committees on
    the extent and disposition of all financial contributions made
    by the United States during the preceding year to international
    organizations in which the United States participates as a
    member.
        (c) \12\ Annual Report.--In addition to the report required
    by subsection (a), the President, at the time of submission of
    the annual budget request to the Congress, shall submit to the
    designated congressional committees a report that includes the
    following:
    ---------------------------------------------------------------------------
        \12\ Sec. 407(b) of Public Law 103-236 (108 Stat. 450) originally
    added this subsection as subsec. (d). Sec. 405(a)(4) of Public Law 107-
    228 (116 Stat. 1391) redesignated the former subsec. (d) as subsec. (c)
    as a technical amendment in connection with sec. 405(a)(1) of that Act,
    which had struck out the former subsec. (c).
    ---------------------------------------------------------------------------
              (1) Costs of peacekeeping operations.--
                      (A) In accordance with section 407(a)(5)(B)
                    of the Foreign Relations Authorization Act,
                    Fiscal Years 1994 and 1995, a description of
                    all assistance provided by the United States to
                    the United Nations to support peacekeeping
                    operations during the previous calendar quarter
                    and during the previous year.
                      (B) With respect to United Nations
                    peacekeeping operations--
                              (i) the aggregate cost of all United
                            Nations peacekeeping operations for the
                            prior fiscal year;
                              (ii) the costs of each United Nations
                            peacekeeping operation for the prior
                            fiscal year; and
                              (iii) the amount of United States
                            contributions (both assessed and
                            voluntary) to United Nations
                            peacekeeping operations on an
                            operation-by-operation basis for the
                            prior fiscal year.
                      (C) With respect to other international
                    peacekeeping operations in which the United
                    States participates--
                              (i) the aggregate cost of all such
                            operations for the prior fiscal year;
                              (ii) the costs of each such operation
                            for the prior fiscal year; and
                              (iii) the amount of United States
                            contributions (both assessed and
                            voluntary) to such operations on an
                            operation-by-operation basis for the
                            prior fiscal year.
                      (D) In the case of the first 2 reports
                    submitted pursuant to this subsection, a
                    projection of all United States costs for
                    United Nations peacekeeping operations during
                    each of the next 2 fiscal years, including
                    assessed and voluntary contributions.
              (2) Other matters regarding peacekeeping
            operations.--
                      (A) An assessment of the effectiveness of
                    ongoing international peacekeeping operations,
                    their relevance to United States national
                    interests, the efforts by the United Nations
                    and other international organizations (as
                    applicable) to resolve the relevant armed
                    conflicts, and the projected termination dates
                    for all such operations.
                      (B) The dollar value and percentage of total
                    peacekeeping contracts that have been awarded
                    to United States contractors during the
                    previous year.
              (3) United nations reform.--
                      (A)(i) A description of the status of efforts
                    to establish and implement an independent
                    office of the Inspector General at the United
                    Nations.
                      (ii) If an office of the Inspector General
                    has been established at the United Nations, a
                    discussion of whether the Inspector General is
                    keeping the Secretary General and the members
                    of the General Assembly fully informed about
                    problems, deficiencies, the necessity for
                    corrective action, and the progress of
                    corrective action.
                      (iii) For purposes of this subparagraph, the
                    term `office of the Inspector General' means an
                    independent office (or other independent
                    entity) established by the United Nations to
                    conduct and supervise objective audits,
                    inspections, and investigations relating to the
                    programs and operations of the United Nations.
                      (B) A description of the status of efforts to
                    reduce the United States peacekeeping
                    assessment rate.
                      (C) A description of the status of other
                    United States efforts to achieve financial and
                    management reform at the United Nations.
              (4) Military personnel participating in multinational
            forces.--A description of--
                      (A) the status under international law of
                    members of multinational forces, including the
                    legal status of such personnel if captured,
                    missing, or detained;
                      (B) the extent of the risk for United States
                    military personnel who are captured while
                    participating in multinational forces in cases
                    where their captors fail to respect the 1949
                    Geneva Conventions and other international
                    agreements intended to protect prisoners of
                    war; and
                      (C) the specific steps that have been taken
                    to protect United States military personnel
                    participating in multinational forces, together
                    (if necessary) with any recommendations for the
                    enactment of legislation to achieve that
                    objective.
              (5) Human rights and u.n. peacekeeping forces.--A
            description of the efforts by United Nations
            peacekeeping forces to promote and protect
            internationally recognized human rights standards,
            including the status of investigations in any case of
            alleged human rights violations during the preceding
            year by personnel participating in United Nations
            peacekeeping forces, as well as any action taken in
            such cases.
        (d) \13\ Consultations and Reports on United Nations
    Peacekeeping Operations.--
    ---------------------------------------------------------------------------
        \13\ Sec. 407(b) of Public Law 103-236 (108 Stat. 450) originally
    added this subsection as subsec. (e). Sec. 724(b) of Public Law 106-113
    (113 Stat. 1536) subsequently amended and restated subsec. (e) in its
    entirety. Sec. 405(a)(4) of Public Law 107-228 (116 Stat. 1391) later
    redesignated this subsection from subsec. (e) to subsec. (d).
    ---------------------------------------------------------------------------
              (1) Consultations.--Each month the President shall
            consult with Congress on the status of United Nations
            peacekeeping operations.
              (2) Information to be provided.--In connection with
            such consultations, the following information shall be
            provided each month to the designated congressional
            committees:
                      (A) With respect to ongoing United Nations
                    peacekeeping operations, the following:
                              (i) A list of all resolutions of the
                            United Nations Security Council
                            anticipated to be voted on during such
                            month that would extend or change the
                            mandate of any United Nations
                            peacekeeping operation.
                              (ii) For each such operation, any
                            changes in the duration, mandate, and
                            command and control arrangements that
                            are anticipated as a result of the
                            adoption of the resolution.
                              (iii) An estimate of the total cost
                            to the United Nations of each such
                            operation for the period covered by the
                            resolution, and an estimate of the
                            amount of that cost that will be
                            assessed to the United States.
                              (iv) Any anticipated significant
                            changes in United States participation
                            in or support for each such operation
                            during the period covered by the
                            resolution (including the provision of
                            facilities, training, transportation,
                            communication, and logistical support,
                            but not including intelligence
                            activities reportable under title V of
                            the National Security Act of 1947 (50
                            U.S.C. 413 et seq.)), and the estimated
                            costs to the United States of such
                            changes.
                      (B) With respect to each new United Nations
                    peacekeeping operation that is anticipated to
                    be authorized by a Security Council resolution
                    during such month, the following information
                    for the period covered by the resolution:
                              (i) The anticipated duration,
                            mandate, and command and control
                            arrangements of such operation, the
                            planned exit strategy, and the vital
                            national interest to be served.
                              (ii) An estimate of the total cost to
                            the United Nations of the operation,
                            and an estimate of the amount of that
                            cost that will be assessed to the
                            United States.
                              (iii) A description of the functions
                            that would be performed by any United
                            States Armed Forces participating in or
                            otherwise operating in support of the
                            operation, an estimate of the number of
                            members of the Armed Forces that will
                            participate in or otherwise operate in
                            support of the operation, and an
                            estimate of the cost to the United
                            States of such participation or
                            support.
                              (iv) A description of any other
                            United States assistance to or support
                            for the operation (including the
                            provision of facilities, training,
                            transportation, communication, and
                            logistical support, but not including
                            intelligence activities reportable
                            under title V of the National Security
                            Act of 1947 (50 U.S.C. 413 et seq.)),
                            and an estimate of the cost to the
                            United States of such assistance or
                            support.
                              (v) A reprogramming of funds pursuant
                            to section 34 of the State Department
                            Basic Authorities Act of 1956,
                            submitted in accordance with the
                            procedures set forth in such section,
                            describing the source of funds that
                            will be used to pay for the cost of the
                            new United Nations peacekeeping
                            operation, provided that such
                            notification shall also be submitted to
                            the Committee on Appropriations of the
                            House of Representatives and the
                            Committee on Appropriations of the
                            Senate.
              (3) Form and timing of information.--
                      (A) Form.--The President shall submit
                    information under clauses (i) and (iii) of
                    paragraph (2)(A) in writing.
                      (B) Timing.--
                              (i) Ongoing operations.--The
                            information required under paragraph
                            (2)(A) for a month shall be submitted
                            not later than the 10th day of the
                            month.
                              (ii) New operations.--The information
                            required under paragraph (2)(B) shall
                            be submitted in writing with respect to
                            each new United Nations peacekeeping
                            operation not less than 15 days before
                            the anticipated date of the vote on the
                            resolution concerned unless the
                            President determines that exceptional
                            circumstances prevent compliance with
                            the requirement to report 15 days in
                            advance. If the President makes such a
                            determination, the information required
                            under paragraph (2)(B) shall be
                            submitted as far in advance of the vote
                            as is practicable.
              (4) New united nations peacekeeping operation
            defined.--As used in paragraph (2), the term ``new
            United Nations peacekeeping operation'' includes any
            existing or otherwise ongoing United Nations
            peacekeeping operation--
                      (A) where the authorized force strength is to
                    be expanded;
                      (B) that is to be authorized to operate in a
                    country in which it was not previously
                    authorized to operate; or
                      (C) the mandate of which is to be changed so
                    that the operation would be engaged in
                    significant additional or significantly
                    different functions.
              (5) Notification and quarterly reports regarding
            united states assistance.--
                      (A) Notification of certain assistance.--
                              (i) In general.--The President shall
                            notify the designated congressional
                            committees at least 15 days before the
                            United States provides any assistance
                            to the United Nations to support
                            peacekeeping operations.
                              (ii) Exception.--This subparagraph
                            does not apply to--
                                      (I) assistance having a value
                                    of less than $3,000,000 in the
                                    case of nonreimbursable
                                    assistance or less than
                                    $14,000,000 in the case of
                                    reimbursable assistance; or
                                      (II) assistance provided
                                    under the emergency drawdown
                                    authority of sections 506(a)(1)
                                    and 552(c)(2) of the Foreign
                                    Assistance Act of 1961 (22
                                    U.S.C. 2318(a)(1) and
                                    2348a(c)(2)).
                      (B) \14\ Annual report.--The President shall
                    submit an annual report to the designated
                    congressional committees on all assistance
                    provided by the United States during the
                    preceding calendar year to the United Nations
                    to support peacekeeping operations. Each such
                    report shall describe the assistance provide
                    for each such operation, listed by category of
                    assistance.
    ---------------------------------------------------------------------------
        \14\ Sec. 405(a)(3) of Public Law 107-228 (116 Stat. 1391) amended
    and restated subpara. (B), which formerly read as follows:
        ``(B) Quarterly reports.--
    ---------------------------------------------------------------------------

      ``(i) In general.--The President shall submit quarterly reports to the
    designated congressional committees on all assistance provided by the
    United States during the preceding calendar quarter to the United Nations
    to support peacekeeping operations.

      ``(ii) Matters included.--Each report under this subparagraph shall
    describe the assistance provided for each such operation, listed by
    category of assistance.

      ``(iii) Fourth quarter report.--The report under this subparagraph for
    the fourth calendar quarter of each year shall be submitted as part of the
    annual report required by subsection (d) and shall include cumulative
    information for the preceding calendar year.''.

        (e) \15\ Designated Congressional Committees.--In this
    section, the term ``designated congressional committees'' means
    the Committee on Foreign Relations and the Committee on
    Appropriations of the Senate and the Committee on International
    Relations and the Committee on Appropriations of the House of
    Representatives.
    ---------------------------------------------------------------------------
        \15\ Sec. 724(b) of Public Law 106-113 (113 Stat. 1536) originally
    added this subsection as subsec. (f). Sec. 405(a)(4) of Public Law 107-
    228 (116 Stat. 1391) later redesignated this subsection from subsec.
    (f) to subsec. (e).
    ---------------------------------------------------------------------------
        (f) \16\ Relationship to Other Notification Requirements.--
    Nothing in this section is intended to alter or supersede any
    notification requirement with respect to peacekeeping
    operations that is established under any other provision of
    law.
    ---------------------------------------------------------------------------
        \16\ Sec. 724(b) of Public Law 106-113 (113 Stat. 1536) originally
    added this subsection as subsec. (g). Sec. 405(a)(4) of Public Law 107-
    228 (116 Stat. 1391) later redesignated this subsection from subsec.
    (g) to subsec. (f).
    ---------------------------------------------------------------------------
        Sec. 5.\17\ (a) Notwithstanding the provisions of any other
    law, whenever the United States is called upon by the Security
    Council to apply measures which said Council has decided,
    pursuant to article 41 of said Chapter, are to be employed to
    give effect to its decisions under said Charter, the President
    may, to the extent necessary to apply such measures, through
    any agency which he may designate, and under such orders,
    rules, and regulations as may be prescribed by him,
    investigate, regulate, or prohibit, in whole or in part,
    economic relations of rail, sea, air, postal, telegraphic,
    radio, and other means of communication between any foreign
    country or any national thereof or any person therein and the
    United States or any person subject to the jurisdiction
    thereof, or involving any property subject to the jurisdiction
    of the United States. Any Executive order which is issued under
    this subsection and which applies measures against Southern
    Rhodesia pursuant to any United Nations Security Council
    Resolution may be enforced, notwithstanding the provisions of
    any other law.\18\ The President may exempt from such Executive
    order any shipment of chromium in any form which is in transit
    to the United States on the date of enactment of this
    sentence.\19\
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 287c.
        \18\ The President issued Executive Order 11978 (42 F.R. 15403;
    March 22, 1997) on March 18, 1977, applying measures against Southern
    Rhodesia via amendment of Executive Order 11419. Sec. 27 of the
    International Security Assistance Act of 1978 (Public Law 95-384; 92
    Stat. 746), repealed in 1981, specified that the United States would
    not enforce sanctions against Rhodesia after December 31, 1978,
    provided that the President made certain determinations regarding the
    political situation in Rhodesia (see Legislation on Foreign Relations
    Through 2005, vol. I-A). The policy contained in sec. 27 did not become
    operable because the President did not issue the necessary
    determinations. See also sec. 408 of the Department of State
    Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93
    Stat. 405) (see Legislation on Foreign Relations Through 2005, vol. II-
    A) which contained several congressional findings regarding the
    Zimbabwe-Rhodesia situation and instructed the President to terminate
    sanctions against Zimbabwe-Rhodesia by November 15, 1979, unless he
    determined that it would not be in the national interest of the United
    States to do so. On November 14, 1979, President Carter issued
    Determination No. 80-44 (44 F.R. 67073; November 23, 1979) making a
    finding that it was not in the interest of the United States to
    terminate the sanctions. However, on December 16, 1979, the President
    issued Executive Order 12183 (44 F.R. 74787; December 18, 1979) which
    revoked all sanctions against Zimbabwe-Rhodesia. Such Executive Order
    also revoked Executive Orders 11322, 11419, and 11978.
        \19\ Public Law 95-12 (91 Stat. 22) added the final two sentences
    of subsec. (a).
    ---------------------------------------------------------------------------
        (b) Any person who willfully violates or evades or attempts
    to violate or evade any order, rule, or regulation issued by
    the President pursuant to paragraph (a) of this section shall,
    upon conviction, be fined not more than $10,000 or, if a
    natural person, be imprisoned for not more than ten years, or
    both; and the officer, director, or agent of any corporation
    who knowingly participates in such violation or evasion shall
    be punished by a like fine, imprisonment, or both, and any
    property, funds, securities, papers, or other articles or
    documents, or any vessel, together with her tackle, apparel,
    furniture, and equipment, or vehicle, or aircraft,\20\
    concerned in such violation shall be forfeited to the United
    States.
    ---------------------------------------------------------------------------
        \20\ Sec. 3 of Public Law 81-341 (63 Stat. 735) inserted ``or
    aircraft,''.
    ---------------------------------------------------------------------------
        (c) \21\ (1) During the period in which measures are
    applied against Southern Rhodesia under subsection (a) pursuant
    to any United Nations Security Council Resolution, a shipment
    of any steel mill product (as such product may be defined by
    the Secretary) containing chromium in any form may not be
    released from customs custody for entry into the United States
    if--
    ---------------------------------------------------------------------------
        \21\ Public Law 95-12 (91 Stat. 22) added subsec. (c).
    ---------------------------------------------------------------------------
              (A) a certificate of origin with respect to such
            shipment has not been filed with the Secretary; or
              (B) in the case of a shipment with respect to which a
            certificate of origin has been filed with the
            Secretary, the Secretary determines that the
            information contained in such certificate does not
            adequately establish that the steel mill product in
            such shipment does not contain chromium in any form
            which is of Southern Rhodesian origin;
    unless such release is authorized by the Secretary under
    paragraph (3) (B) or (C).
        (2) The Secretary shall prescribe regulations for carrying
    out this subsection.
        (3)(A) In carrying out this subsection, the Secretary may
    issue subpenas requiring the attendance and testimony of
    witnesses and the production of evidence. Any such subpena,
    may, upon application by the Secretary, be enforced in a civil
    action in an appropriate United States district court.
        (B) The Secretary may exempt from the certification
    requirements of this subsection any shipment of a steel mill
    product containing chromium in any form which is in transit to
    the United States on the date of enactment of this subsection.
        (C) Under such circumstances as he deems appropriate, the
    Secretary may release from customs custody for entry into the
    United States, under such bond as he may require, any shipment
    of a steel mill product containing chromium in any form.
        (4) As used in this subsection--
              (A) the term ``certificate of origin'' means such
            certificate as the Secretary may require, with respect
            to a shipment of any steel mill product containing
            chromium in any form, issued by the government (or by a
            designee of such government if the Secretary is
            satisfied that such designee is the highest available
            certifying authority) of the country in which such
            steel mill product was produced certifying that the
            steel mill product in such shipment contains no
            chromium in any form which is of Southern Rhodesian
            origin; and
              (B) the term ``Secretary'' means the Secretary of the
            Treasury.
        Sec. 6.\22\ The President is authorized to negotiate a
    special agreement or agreements with the Security Council which
    shall be subject to the approval of the Congress by appropriate
    Act or joint resolution, providing for the numbers and types of
    armed forces, their degree of readiness and general locations,
    and the nature of facilities and assistance, including rights
    of passage, to be made available to the Security Council on its
    call for the purpose of maintaining international peace and
    security in accordance with article 43 of said Charter. The
    President shall not be deemed to require the authorization of
    the Congress to make available to the Security Council on its
    call in order to take action under article 42 of said Charter
    and pursuant to such special agreement or agreements the Armed
    Forces, facilities, or assistance provided for therein:
    Provided, That, except as authorized in section 7 of this
    Act,\23\ nothing herein contained shall be construed as an
    authorization to the President by the Congress to make
    available to the Security Council for such purpose armed
    forces, facilities, or assistance in addition to the forces,
    facilities, and assistance provided for in such special
    agreement or agreements.
    ---------------------------------------------------------------------------
        \22\ 22 U.S.C. 287d.
        \23\ Sec. 4 of Public Law 81-341 (63 Stat. 735) added ``except as
    authorized in section 7 of this Act''.
    ---------------------------------------------------------------------------
        Sec. 7.\24\ (a) Notwithstanding the provisions of any other
    law, the President, upon the request by the United Nations for
    cooperative action, and to the extent that he finds that it is
    consistent with the national interest to comply with such
    request, may authorize, in support of such activities of the
    United Nations as are specifically directed to the peaceful
    settlement of disputes and not involving the employment of
    armed forces contemplated by chapter VII of the United Nations
    Charter--
    ---------------------------------------------------------------------------
        \24\ 22 U.S.C. 287d-1. Sec. 5 of Public Law 81-341 (63 Stat. 735)
    added this section.
    ---------------------------------------------------------------------------
              (1) the detail to the United Nations, under such
            terms and conditions as the President shall determine,
            of personnel of the armed forces of the United States
            to serve as observers, guards, or in any noncombatant
            capacity, but in no event shall more than a total of
            one thousand of such personnel be so detailed at any
            one time: Provided, That while so detailed, such
            personnel shall be considered for all purposes as
            acting in the line of duty, including the receipt of
            pay and allowances as personnel of the armed forces of
            the United States, credit for longevity and retirement,
            and all other perquisites appertaining to such duty:
            Provided further, That upon authorization or approval
            by the President, such personnel may accept directly
            from the United Nations (a) any or all of the
            allowances or perquisites to which they are entitled
            under the first proviso hereof, and (b) extraordinary
            expenses and perquisites incident to such detail;
              (2) the furnishing of facilities, services, or other
            assistance and the loan of the agreed fair share of the
            United States of any supplies and equipment to the
            United Nations by the National Military
            Establishment,\25\ under such terms and conditions as
            the President shall determine;
    ---------------------------------------------------------------------------
        \25\ Sec. 201 of the National Security Act of 1947 created the
    ``National Military Establishment'', of which the Secretary of Defense
    was the head. Sec. 12(a) of Public Law 81-216 (63 Stat. 591) made
    amendments to the National Security Act of 1947 (Public Law 80-253; 61
    Stat. 495), by striking out ``National Military Establishment'' and
    inserting in lieu thereof ``Department of Defense'' wherever it
    appeared in the Act. Other legislation containing unchanged references
    to the former National Military Establishment may be considered to
    refer instead to the Department of Defense.
    ---------------------------------------------------------------------------
              (3) the obligation, insofar as necessary to carry out
            the purposes of clauses (1) and (2) of this subsection,
            of any funds appropriated to the National Military
            Establishment \25\ or any department therein, the
            procurement of such personnel, supplies, equipment,
            facilities, services, or other assistance as may be
            made available in accordance with the request of the
            United Nations, and the replacement of such items, when
            necessary, where they are furnished from stocks.
        (b) Whenever personnel or assistance is made available
    pursuant to the authority contained in subsection (a) (1) and
    (2) of this section, the President shall require reimbursement
    from the United Nations for the expense thereby incurred by the
    United States: Provided, That in exceptional circumstances, or
    when the President finds it to be in the national interest, he
    may waive, in whole or in part, the requirement of such
    reimbursement: Provided further, That when any such
    reimbursement is made, it shall be credited, at the option of
    the appropriate department of the National Military
    Establishment,\25\ either to the appropriation, fund, or
    account utilized in incurring the obligation, or to an
    appropriate appropriation, fund, or account currently available
    for the purposes for which expenditures were made.
        (c) In addition to the authorization of appropriations to
    the Department of State contained in section 8 of this Act,
    there is hereby authorized to be appropriated to the National
    Military Establishment,\25\ or any department therein, such
    sums as may be necessary to reimburse such departments in the
    event that reimbursement from the United Nations is waived in
    whole or in part pursuant to authority contained in subsection
    (b) of this section.
        (d) Nothing in this Act shall authorize the disclosure of
    any information or knowledge in any case in which such
    disclosure is prohibited by any other law of the United States.
        Sec. 8.\26\ There is hereby authorized to be appropriated
    annually to the Department of State, out of any money in the
    treasury not otherwise appropriated, such sums as may be
    necessary for the payment by the United States of its share of
    the expenses of the United Nations as apportioned by the
    General Assembly in accordance with article 17 of the Charter,
    and for all necessary salaries and expenses of the
    representatives provided for in section 2 hereof, and of their
    appropriate staffs, including personal services in the District
    of Columbia and elsewhere, without regard to the civil-service
    laws and the Classification Act of 1923, as amended; \27\
    travel expenses without regard to the Standardized Government
    Travel Regulations, as amended, the Travel Expense Act of
    1949,\28\ and section 10 of the Act of March 3, 1933, as
    amended,\29\ and, under such rules and regulations as the
    Secretary of State may prescribe, travel expenses of families
    and transportation of effects of United States representatives
    and other personnel in going to and returning from their post
    of duty; allowances for living quarters, including heat, fuel,
    and light, as authorized by the Act approved June 26, 1930 (5
    U.S.C. 118a); \30\ cost-of-living allowances for personnel
    stationed abroad under such rules and regulations as the
    Secretary of State may prescribe; communications services;
    stenographic reporting, translating, and other services, by
    contract; hire of passenger motor vehicles and other local
    transportation; rent of offices; printing and binding without
    regard to section 11 of the Act of March 1, 1949 (44 U.S.C.
    111); allowances and expenses as provided in section 6 of the
    Act of July 30, 1946 (Public Law 565, Seventy-ninth
    Congress),\31\ and allowances and expenses equivalent to those
    provided in section 905 of the Foreign Service Act of 1980,\32\
    the lease or rental (for periods not exceeding ten years) of
    living quarters for the use of the representatives provided for
    in section 2 of this Act serving abroad \33\ and of their
    appropriate staffs,\34\ the cost of installation and use of
    telephones in the same manner as telephone service is provided
    for use of the Foreign Service pursuant to the Act of August
    23, 1912, as amended (31 U.S.C. 679), and \35\ unusual expenses
    similar to those authorized by section 22 of the Administrative
    Expenses Act of 1946, as amended \36\ by section 311 of the
    Overseas Differentials and Allowances Act, incident to the
    operation and maintenance of such living quarters abroad; \37\
    and such other expenses as may be authorized by the Secretary
    of State; and without regard to section 3709 of the Revised
    Statutes as amended (41 U.S.C. 5).\38\
    ---------------------------------------------------------------------------
        \26\ 22 U.S.C. 287e. Sec. 6 of Public Law 81-341 (63 Stat. 736)
    redesignated this section from sec. 7 to sec. 8.
        Sec. 113(e) of Public Law 107-228 (116 Stat. 1359), provided the
    following:
        ``(e) Refund of Excess Contributions.--The United States shall
    continue to insist that the United Nations and its specialized and
    affiliated agencies shall credit or refund to each member of the
    organization or agency concerned its proportionate share of the amount
    by which the total contributions to the organization or agency exceed
    the expenditures of the regular assessed budget of the organization or
    agency.''.
        Sec. 404 of the Department of State and Related Agency
    Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 789), provided
    the following:
        ``Sec. 404. Hereafter, none of the funds appropriated or otherwise
    made available for the United Nations may be used by the United Nations
    for the promulgation or enforcement of any treaty, resolution, or
    regulation authorizing the United Nations, or any of its specialized
    agencies or affiliated organizations, to tax any aspect of the Internet
    or international currency transactions.''.
        Sec. 410 of the Foreign Assistance Act of 1971 (Public Law 92-226),
    approved February 7, 1972, provided as follows:
        ``The Congress strongly urges the President to undertake such
    negotiations as may be necessary to implement that portion of the
    recommendations of the Report of the President's Commission for the
    Observance of the Twenty-fifth Anniversary of the United Nations (known
    as the ``Lodge Commission'') which proposes that the portion of the
    regular assessed costs to be paid by the United States to the United
    Nations be reduced so that the United States is assessed in each year
    not more than 25 per centum of such costs assessed all members of the
    United Nations for that year.''.
        See also title IV, part A of Public Law 103-236 (108 Stat. 445).
    See also division A, title IV of Public Law 107-228 (116 Stat. 1387).
    See also sec. 411 of the Department of State and Related Agency
    Appropriations Act, 2005 (title IV of division B of Public Law 108-447;
    118 Stat. 2905) relating to the application of Public Law 103-236 for
    fiscal year 2005.
        \27\ The Classification Act of 1923, as amended, is now the
    Classification Act of 1949, as amended (5 U.S.C. 305, 5101-5113, 5115,
    5331-5338, 5341, 5342, 5509, 7154).
        \28\ 5 U.S.C. 5701, 5702, 5704-5708.
        \29\ 15 U.S.C. 5731.
        \30\ Now at 5 U.S.C. 5912, as amended.
        \31\ Sec. 6 of the Act of July 30, 1946, as amended (22 U.S.C.
    287r).
        \32\ Sec. 2206(a)(2) of Public Law 96-465 (94 Stat. 2160) added the
    reference to sec. 905 of the Foreign Service Act of 1980, effective
    February 15, 1981. This replaced a reference to sec. 901(3) of the
    Foreign Service Act of 1946.
        \33\ Sec. 304(a)(1) of Public Law 100-459 (102 Stat. 2207) added
    ``serving abroad'' at this point.
        \34\ Sec. 119(1) of Public Law 97-241 (96 Stat. 280), struck out
    ``representative of the United States to the United Nations referred to
    in paragraph (a) of section 2 hereof'' and inserted in lieu thereof
    ``representatives provided for in section 2 of this Act and of their
    appropriate staffs''.
        \35\ Sec. 311(b) of Public Law 86-707 substituted the phrase ``and
    unusual expenses * * *'' for the previous clause.
        \36\ Public Law 89-554 (80 Stat. 510) codified sec. 22 of the
    Administrative Expenses Act of 1946, as amended, at 5 U.S.C. 5913.
        \37\ Sec. 304(a)(2) of Public Law 100-459 (102 Stat. 2207) inserted
    ``abroad''.
        \38\ Sec. 304(a)(3) of Public Law 100-459 (102 Stat. 2207) struck
    out the last sentence of sec. 8, which sec. 119(2) of Public Law 97-273
    (96 Stat. 280) had originally added. It formerly read as follows:
        ``Any payments made by United States Government personnel for
    occupancy by them of living quarters leased or rented under this
    section shall be credited to the appropriation, fund, or account
    utilized by the Secretary of State for such lease or rental or to the
    appropriation, fund, or account currently available for such
    purpose.''.
    ---------------------------------------------------------------------------
        Sec. 9.\39\ The Secretary of State may, under such
    regulations as he shall prescribe, and notwithstanding section
    3648 of the Revised Statutes (31 U.S.C. 529) and section 5536
    of title 5, United States Code:
    ---------------------------------------------------------------------------
        \39\ 22 U.S.C. 287e-1. Sec. 15 of Public Law 93-126 (87 Stat. 454),
    originally added sec. 9. Sec. 304(b) of Public Law 100-459 (102 Stat.
    2207) substantially amended and restated sec. 15. Sec. 304(b) of that
    Act redesignated para. (2) as para. (3). It also struck out
    ``President'' in that paragraph and inserted in lieu thereof
    ``Secretary''. Finally, it added new paras. (1), (2), and (4). Sec.
    304(c)(1) provided an effective date of July 1, 1989, for these
    amendments. Sec. 9 formerly read as follows:
        ``Sec. 9. The President may, under such regulations as he shall
    prescribe, and notwithstanding section 3648 of the Revised Statutes (31
    U.S.C. 529) and section 5536 of title 5, United States Code--
    ---------------------------------------------------------------------------

      ``(1) grant any employee of the staff of the United States Mission to the
    United Nations designated by the Secretary of State, and any employee of
    the United States Information Agency designated by the Director of that
    Agency, who is required because of important representational
    responsibilities to live in the extraordinarily high-rent area immediately
    surrounding the headquarters of the United Nations in New York, New York,
    an allowance to compensate for the portion of expenses necessarily incurred
    by the employee for quarters and utilities which exceed the average of such
    expenses incurred by typical, permanent residents of the Metropolitan New
    York, New York, area with comparable salary and family size who are not
    compelled by reason of their employment to live in such high-rent area; and

      ``(2) provide such allowance as the President considers appropriate, to
    each Delegate and Alternate Delegate of the United States to any session of
    the General Assembly of the United Nations who is not a permanent member of
    the staff of the United States Mission to the United Nations, in order to
    compensate each such Delegate or Alternate Delegate for necessary housing
    and subsistence expenses incurred by him with respect to attending any such
    session.

    ``Not more than fifty employees, including not more than five employees of
    the United States Information Agency, shall be receiving an allowance under
    paragraph (1) of this section at any one time.''.

              (1) \39\ Make available to the Representative of the
            United States to the United Nations and the Deputy
            Permanent Representative of the United States to the
            United Nations living quarters leased or rented by the
            United States (for periods not exceeding ten years) and
            allowances for unusual expenses incident to the
            operation and maintenance of such living quarters
            similar to those and to be considered for all purposes
            as authorized by section 22 of the Administrative
            Expenses Act of 1946, as amended by section 311 of the
            Overseas Differentials and Allowances Act.
              (2) \39\,\40\ Make available in New York
            to no more than 30 \41\ foreign service employees of
            the staff of the United States Mission to the United
            Nations, other representatives, and no more than two
            employees who serve at the pleasure of the
            Representative, living quarters leased or rented by the
            United States (for periods not exceeding ten years).
            The number of employees to which such quarters will be
            made available shall be determined by the Secretary and
            shall reflect a significant reduction over the number
            of persons eligible for housing benefits as of the date
            of enactment of this provision. No employee may occupy
            a unit under this provision if the unit is owned by the
            employee. The Secretary shall require that each
            employee occupying housing under this subsection
            contribute to the Department of State a percentage of
            his or her base salary, in an amount to be determined
            by the Secretary of State toward the cost of such
            housing. The Secretary may reduce such payments to the
            extent of income taxes paid on the value of the leased
            or rented quarters any payments made by employees to
            the Department of State for occupancy by them of living
            quarters leased or rented under this section shall be
            credited to the appropriation, fund, or account
            utilized by the Secretary of State for such lease or
            rental or to the appropriation, fund, or account
            currently available for such purpose.
    ---------------------------------------------------------------------------
        \40\ Sec. 304(c) of Public Law 100-459 (102 Stat. 2208) provided:
        ``(2) In the event that taxes paid by an employee on the benefit
    provided under subsection (2) of section 9 exceed the contribution
    amount computed as a percentage of base salary under that subsection,
    the Department of State may reimburse the employee up to the amount of
    such differential for the period from the date of enactment of this Act
    through July 1, 1989.''.
        \41\ Sec. 405 of Public Law 106-309 (114 Stat. 1098) struck out
    ``18'' and inserted in lieu thereof ``30''.
    ---------------------------------------------------------------------------
              (3) \39\ provide such allowance as the Secretary \39\
            considers appropriate, to each Delegate and Alternate
            Delegate of the United States to any session of the
            General Assembly of the United Nations who is not a
            permanent member of the staff of the United States
            Mission to the United Nations, in order to compensate
            each such Delegate or Alternate Delegate for necessary
            housing and subsistence expenses incurred by him with
            respect to attending any such session.
              (4) \39\ The Inspector General shall review the
            program established by this section no later than
            December 1989 and periodically thereafter with a view
            to increasing cost savings and making other appropriate
            recommendations.

    SEC. 10.\42\ REIMBURSEMENT FOR GOODS AND SERVICES PROVIDED BY THE
                        UNITED STATES TO THE UNITED NATIONS.

        (a) Requirement To Obtain Reimbursement.--
    ---------------------------------------------------------------------------
        \42\ 22 U.S.C. 287e-2. Sec. 723 of Public Law 106-113 (113 Stat.
    1536) added this section.
    ---------------------------------------------------------------------------
              (1) In general.--Except as provided in paragraph (2),
            the President shall seek and obtain in a timely fashion
            a commitment from the United Nations to provide
            reimbursement to the United States from the United
            Nations whenever the United States Government furnishes
            assistance pursuant to the provisions of law described
            in subsection (c)--
                      (A) to the United Nations when the assistance
                    is designed to facilitate or assist in carrying
                    out an assessed peacekeeping operation;
                      (B) for any United Nations peacekeeping
                    operation that is authorized by the United
                    Nations Security Council under Chapter VI or
                    Chapter VII of the United Nations Charter and
                    paid for by peacekeeping or regular budget
                    assessment of the United Nations members; or
                      (C) to any country participating in any
                    operation authorized by the United Nations
                    Security Council under Chapter VI or Chapter
                    VII of the United Nations Charter and paid for
                    by peacekeeping assessments of United Nations
                    members when the assistance is designed to
                    facilitate or assist the participation of that
                    country in the operation.
              (2) Exceptions.--
                      (A) In general.--The requirement in paragraph
                    (1) shall not apply to--
                              (i) goods and services provided to
                            the United States Armed Forces;
                              (ii) assistance having a value of
                            less than $3,000,000 per fiscal year
                            per operation;
                              (iii) assistance furnished before the
                            date of enactment of this section;
                              (iv) salaries and expenses of
                            civilian police and other civilian and
                            military monitors where United Nations
                            policy is to require payment by
                            contributing members for similar
                            assistance to United Nations
                            peacekeeping operations; or
                              (v) any assistance commitment made
                            before the date of enactment of this
                            section.
                      (B) Deployments of united states military
                    forces.-- The requirements of subsection
                    (d)(1)(B) shall not apply to the deployment of
                    United States military forces when the
                    President determines that such deployment is
                    important to the security interests of the
                    United States. The cost of such deployment
                    shall be included in the data provided under
                    section 554 of the Foreign Assistance Act of
                    1961.
              (3) Form and amount.--
                      (A) Amount.--The amount of any reimbursement
                    under this subsection shall be determined at
                    the usual rate established by the United
                    Nations.
                      (B) Form.--Reimbursement under this
                    subsection may include credits against the
                    United States assessed contributions for United
                    Nations peacekeeping operations, if the
                    expenses incurred by any United States
                    department or agency providing the assistance
                    have first been reimbursed.
        (b) Treatment of Reimbursements.--
              (1) Credit.--The amount of any reimbursement paid the
            United States under subsection (a) shall be credited to
            the current applicable appropriation, fund, or account
            of the United States department or agency providing the
            assistance for which the reimbursement is paid.
              (2) Availability.--Amounts credited under paragraph
            (1) shall be merged with the appropriations, or with
            appropriations in the fund or account, to which
            credited and shall be available for the same purposes,
            and subject to the same conditions and limitations, as
            the appropriations with which merged.
        (c) Covered Assistance.--Subsection (a) applies to
    assistance provided under the following provisions of law:
              (1) Sections 6 and 7 of this Act.
              (2) Sections 451, 506(a)(1), 516, 552(c), and 607 of
            the Foreign Assistance Act of 1961.
              (3) Any other provisions of law pursuant to which
            assistance is provided by the United States to carry
            out the mandate of an assessed United Nations
            peacekeeping operation.
        (d) Waiver.--
              (1) Authority.--
                      (A) In general.--The President may authorize
                    the furnishing of assistance covered by this
                    section without regard to subsection (a) if the
                    President determines, and so notifies in
                    writing the Committee on Foreign Relations of
                    the Senate and the Speaker of the House of
                    Representatives, that to do so is important to
                    the security interests of the United States.
                      (B) Congressional notification.--When
                    exercising the authorities of subparagraph (A),
                    the President shall notify the Committee on
                    Foreign Relations of the Senate and the
                    Committee on International Relations of the
                    House of Representatives in accordance with the
                    procedures applicable to reprogramming
                    notifications under section 634A of the Foreign
                    Assistance Act of 1961.
              (2) Congressional review.--Notwithstanding a notice
            under paragraph (1) with respect to assistance covered
            by this section, subsection (a) shall apply to the
            furnishing of the assistance if, not later than 15
            calendar days after receipt of a notification under
            that paragraph, the Congress enacts a joint resolution
            disapproving the determination of the President
            contained in the notification.
              (3) Senate procedures.--Any joint resolution
            described in paragraph (2) shall be considered in the
            Senate in accordance with the provisions of section
            601(b) of the International Security Assistance and
            Arms Export Control Act of 1976.
        (e) Relationship to Other Reimbursement Authority.--Nothing
    in this section shall preclude the President from seeking
    reimbursement for assistance covered by this section that is in
    addition to the reimbursement sought for the assistance under
    subsection (a).
        (f) Definition.--In this section, the term ``assistance''
    includes personnel, services, supplies, equipment, facilities,
    and other assistance if such assistance is provided by the
    Department of Defense or any other United States Government
    agency.

    SEC. 11.\43\ LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR
                        UNITED NATIONS REGULAR BUDGET.

        None of the funds available to the Department of State
    shall be used to pay the United States share of assessed
    contributions for the regular budget of the United Nations in
    an amount greater than 22 percent of the total of all assessed
    contributions for that budget.
    ---------------------------------------------------------------------------
        \43\ 22 U.S.C. 287e-3. Sec. 403 of Public Law 107-228 (116 Stat.
    1389) added this section.
           2. Department of State Authorization Act, Fiscal Year 2003

      Partial text of division A of Public Law 107-228 [Foreign Relations
       Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350,
                          approved September 30, 2002

      AN ACT To authorize appropriations for the Department of State for
      fiscal year 2003, to authorize appropriations under the Arms Export
        Control Act and the Foreign Assistance Act of 1961 for security
            assistance for fiscal year 2003, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Foreign Relations
    Authorization Act, Fiscal Year 2003''.
              * * * * * * *

      DIVISION A--DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEAR 2003

    SEC. 101. SHORT TITLE.

        This division may be cited as the ``Department of State
    Authorization Act, Fiscal Year 2003''.
              * * * * * * *

                     TITLE IV--INTERNATIONAL ORGANIZATIONS

    SEC. 401. PAYMENT OF THIRD INSTALLMENT OF ARREARAGES.

        (a) In General.--The United Nations Reform Act of 1999
    (title IX of division A of H.R. 3427, as enacted into law by
    section 1000(a)(7) of Public Law 106-113; appendix G; 113 Stat.
    1501A-475) is amended * * *
        (b) Conforming Amendment.--The undesignated paragraph under
    the heading ``arrearage payments'' in title IV of the
    Departments of Commerce, Justice, and State, the Judiciary, and
    Related Agencies Appropriations Act, 2000 (as contained in
    section 1000 of division B of the Consolidated Appropriations
    Act, 2000; Public Law 106-113) is amended-- * * *
        (c) Transmittal of Certifications to Congress.--Section
    912(c) of the United Nations Reform Act of 1999 (title IX of
    division A of H.R. 3427, as enacted into law by section
    1000(a)(7) of Public Law 106-113; appendix G; 113 Stat. 1501A-
    477) is amended * * *

    SEC. 402. LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR
                        UNITED NATIONS PEACEKEEPING OPERATIONS IN CALENDAR
                        YEARS 2001 THROUGH 2004.

        (a) In General.--Section 404(b)(2) of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e
    note) is amended-- * * *
        (b) Conforming Amendments to Public Law 92-544.--Title I of
    the Departments of State, Justice, and Commerce, the Judiciary,
    and Related Agencies Appropriation Act, 1973 (22 U.S.C. 287e
    note) is amended-- * * *

    SEC. 403. LIMITATION ON THE UNITED STATES SHARE OF ASSESSMENTS FOR
                        UNITED NATIONS REGULAR BUDGET.

        The United Nations Participation Act of 1945 (22 U.S.C. 287
    et seq.) is amended * * *

    SEC. 404. PROMOTION OF SOUND FINANCIAL PRACTICES BY THE UNITED NATIONS.

        (a) Findings.--Congress makes the following findings:
              (1) In the early 1980s, the United States Government
            began to pay United States assessments to certain
            international organizations in the last quarter of the
            calendar year in which they were due. This practice
            allowed the United States to pay its annual assessment
            to the United Nations and other international
            organizations with the next fiscal year's
            appropriations, taking advantage of the fact that
            international organizations operate on calendar years.
            It also allowed the United States to reduce budgetary
            outlays, making the United States budget deficit appear
            smaller.
              (2) The United States, which is assessed 22 percent
            of the United Nations regular budget, now pays its dues
            at least 10 months late, and often later depending on
            when the relevant appropriation is enacted.
              (3) This practice causes the United Nations to
            operate throughout much of the year without a
            significant portion of its operating budget. By
            midyear, the budget is usually depleted, forcing the
            United Nations to borrow from its separate peacekeeping
            budget (the organization is prohibited from external
            borrowing). As a result, countries that contribute to
            United Nations peacekeeping missions are not reimbursed
            on a timely basis.
              (4) For years, the United States has been encouraging
            the United Nations and other international
            organizations to engage in sound, fiscally responsible
            budgetary practices. In fact, many of the conditions in
            United States law for paying nearly $1,000,000,000 in
            debt to the United Nations and other international
            organizations are aimed at this goal. But late payment
            of United States dues forces the United Nations and
            other international organizations to engage in
            budgetary practices that are neither sound nor
            responsible.
        (b) Sense of Congress.--It is the sense of Congress that
    the United States should initiate a process to synchronize the
    payment of its assessments to the United Nations and other
    international organizations over a multiyear period so that the
    United States can resume paying its dues to such international
    organizations at the beginning of each calendar year.
        (c) Authorization of Appropriations.--
              (1) In general.--In addition to amounts otherwise
            available for the purpose of payment of the United
            States assessed contributions to the United Nations and
            other international organizations, there are authorized
            to be appropriated such sums as may be necessary to
            carry out the policy described in subsection (b).
              (2) Availability of Funds.--Amounts appropriated
            pursuant to paragraph (1) are authorized to remain
            available until expended.

    SEC. 405. REPORTS TO CONGRESS ON UNITED NATIONS ACTIVITIES.

        (a) Amendments to United Nations Participation Act.--
    Section 4 of the United Nations Participation Act (22 U.S.C.
    287b) is amended-- * * *
        (b) Conforming Amendments.--
              (1) Section 2 of Public Law 81-806 (22 U.S.C. 262a)
            is amended * * *
              (2) Section 409 of the Foreign Relations
            Authorization Act, Fiscal Years 1994 and 1995 (22
            U.S.C. 287e note), is amended * * *

    SEC. 406. USE OF SECRET BALLOTS WITHIN THE UNITED NATIONS.

        Not later than 120 days after the date of enactment of this
    Act, the Secretary shall submit a report to the appropriate
    congressional committees containing a detailed analysis, and a
    determination based on such analysis, on whether the use of
    secret ballots within the United Nations and the specialized
    agencies of the United Nations serves the interests of the
    United States.

    SEC. 407. SENSE OF CONGRESS RELATING TO MEMBERSHIP OF THE UNITED STATES
                        IN UNESCO.

        It is the sense of Congress that the President, having
    announced that the United States will rejoin the United Nations
    Educational, Scientific, and Cultural Organization (UNESCO),
    should submit a report to the appropriate congressional
    committees--
              (1) describing the merits of renewing the membership
            and participation of the United States in UNESCO; and
              (2) detailing the projected costs of United States
            membership in UNESCO.

    SEC. 408.\1\ UNITED STATES MEMBERSHIP ON THE UNITED NATIONS COMMISSION
                        ON HUMAN RIGHTS AND INTERNATIONAL NARCOTICS CONTROL
                        BOARD.

        The United States, in connection with its voice and vote in
    the United Nations General Assembly and the United Nations
    Economic and Social Council, shall make every reasonable
    effort--
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 287 note.
    ---------------------------------------------------------------------------
              (1) to secure a seat for the United States on the
            United Nations Commission on Human Rights;
              (2) to secure a seat for a United States national on
            the United Nations International Narcotics Control
            Board; and
              (3) to prevent membership on the Human Rights
            Commission by any member nation the government of
            which, in the judgment of the Secretary, based on the
            Department's Annual Country Reports on Human Rights and
            the Annual Report on International Report on Religious
            Freedom, consistently violates internationally
            recognized human rights or has engaged in or tolerated
            particularly severe violations of religious freedom in
            that country.

    SEC. 409. PLAN FOR ENHANCED DEPARTMENT OF STATE EFFORTS TO PLACE UNITED
                        STATES CITIZENS IN POSITIONS OF EMPLOYMENT IN THE
                        UNITED NATIONS AND ITS SPECIALIZED AGENCIES.

        Not later than 180 days after the date of enactment of this
    Act, the Secretary shall submit to the appropriate
    congressional committees a report containing a plan that
    provides for--
              (1) proposals to reverse the decline in recent years
            in funding and personnel resources devoted to the
            placement of United States citizens in positions within
            the United Nations system;
              (2) steps to intensify coordinated, high-level
            diplomatic efforts to place United States citizens in
            senior posts in the United Nations Secretariat and the
            specialized agencies of the United Nations; and
              (3) appropriate mechanisms to address the
            underrepresentation, relative to the United States
            share of assessed contributions to the United Nations,
            of United States citizens in junior positions within
            the United Nations and its specialized agencies.
              * * * * * * *
                      3. United Nations Reform Act of 1999

    Partial text of Public Law 106-113 [H.R. 3427, enacted by reference in
    the Consolidated Appropriations Act, 2000; H.R. 3194], 113 Stat. 1501,
     approved November 29, 1999; as amended by Public Law 107-46 [S. 248],
        115 Stat. 259, approved October 5, 2001; and Public Law 107-228
    [Foreign Relations Authorization Act, Fiscal Year 2003; H.R. 1646], 116
                    Stat. 1350, approved September 30, 2002

      AN ACT To authorize appropriations for the Department of State for
    fiscal years 2000 and 2001; to provide for enhanced security at United
      States diplomatic facilities; to provide for certain arms control,
    nonproliferation, and other national security measures; to provide for
             reform in the United Nations; and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

        This Act may be cited as the Admiral James W. Nance and Meg
    Donovan Foreign Relations Authorization Act, Fiscal Years 2000
    and 2001''.
              * * * * * * *

                     TITLE IX--ARREARS PAYMENTS AND REFORM

                         Subtitle A--General Provisions

    SEC. 901. SHORT TITLE.

        This title may be cited as the ``United Nations Reform Act
    of 1999''.

    SEC. 902. DEFINITIONS.

        In this title:
              (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means the
            Committee on Foreign Relations and the Committee on
            Appropriations of the Senate and the Committee on
            International Relations and the Committee on
            Appropriations of the House of Representatives.
              (2) Designated specialized agency defined.--The term
            ``designated specialized agency'' means the
            International Labor Organization, the World Health
            Organization, and the Food and Agriculture
            Organization.
              (3) General assembly.--The term ``General Assembly''
            means the General Assembly of the United Nations.
              (4) Secretary general.--The term ``Secretary
            General'' means the Secretary General of the United
            Nations.
              (5) Security council.--The term ``Security Council''
            means the Security Council of the United Nations.
              (6) United nations member.--The term ``United Nations
            member'' means any country that is a member of the
            United Nations.
              (7) United nations peacekeeping operation.--The term
            ``United Nations peacekeeping operation'' means any
            United Nations-led operation to maintain or restore
            international peace or security that--
                      (A) is authorized by the Security Council;
                    and
                      (B) is paid for from assessed contributions
                    of United Nations members that are made
                    available for peacekeeping activities.

                  Subtitle B--Arrearages to the United Nations

    CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS; OBLIGATION AND EXPENDITURE
                                    OF FUNDS

    SEC. 911. AUTHORIZATION OF APPROPRIATIONS.

        (a) Authorization.--
              (1) Fiscal year 1998.--
                      (A) Regular assessments.--Amounts
                    appropriated by title IV of the Departments of
                    Commerce, Justice, and State, the Judiciary,
                    and Related Agencies Appropriations Act, 1998
                    (Public Law 105-119), under the heading
                    ``Contributions to International
                    Organizations'', are hereby authorized to be
                    appropriated and shall be available for
                    obligation and expenditure subject to the
                    provisions of this title.
                      (B) Peacekeeping assessments.--Amounts
                    appropriated by title IV of the Departments of
                    Commerce, Justice, and State, the Judiciary,
                    and Related Agencies Appropriations Act, 1998
                    (Public Law 105-119), under the heading
                    ``Contributions for International Peacekeeping
                    Activities'', are hereby authorized to be
                    appropriated and shall be available for
                    obligation and expenditure subject to the
                    provisions of this title.
              (2) Fiscal year 1999.--Amounts appropriated under the
            heading ``Arrearage Payments'' in title IV of the
            Commerce, Justice, and State, the Judiciary, and
            Related Agencies Appropriations Act, 1999 (as contained
            in section 101(b) of division A of the Omnibus
            Consolidated and Emergency Supplemental Appropriations
            Act, 1999; Public Law 105-277), are hereby authorized
            to be appropriated and shall be available for
            obligation and expenditure subject to the provisions of
            this title.
              (3) Fiscal year 2000.--There are authorized to be
            appropriated to the Department of State for payment of
            arrearages owed by the United States described in
            subsection (b) as of September 30, 1997, $244,000,000
            for fiscal year 2000. Amounts appropriated pursuant to
            this paragraph shall be available for obligation and
            expenditure subject to the provisions of this title.
        (b) Limitation.--Amounts made available under subsection
    (a) are authorized to be available only--
              (1) to pay the United States share of assessments for
            the regular budget of the United Nations;
              (2) to pay the United States share of United Nations
            peacekeeping operations;
              (3) to pay the United States share of United Nations
            specialized agencies; and
              (4) to pay the United States share of other
            international organizations.
        (c) Availability of Funds.--Amounts appropriated pursuant
    to subsection (a) are authorized to remain available until
    expended.
        (d) Statutory Construction.--For purposes of payments made
    using funds made available under subsection (a), section
    404(b)(2) of the Foreign Relations Authorization Act, Fiscal
    Years 1994 and 1995 (Public Law 103-236) shall not apply to
    United Nations peacekeeping operation assessments received by
    the United States prior to October 1, 1995.

    SEC. 912. OBLIGATION AND EXPENDITURE OF FUNDS.

        (a) In General.--Funds made available pursuant to section
    911 may be obligated and expended only if the requirements of
    subsections (b) and (c) of this section are satisfied.
        (b) Obligation and Expenditure Upon Satisfaction of
    Certification Requirements.--Subject to subsections (e) and
    (f), funds made available pursuant to section 911 may be
    obligated and expended only in the following allotments and
    upon the following certifications:
              (1) Amounts made available for fiscal year 1998, upon
            the certification described in section 921.
              (2) Amounts made available for fiscal year 1999, upon
            the certification described in section 931.
              (3) Amounts authorized to be appropriated for fiscal
            year 2000 upon a certification described in section 941
            with respect to the United Nations or a particular
            designated specialized agency, and immediately with
            respect to organizations to which none of the
            conditions in section 941(b) apply.\1\
    ---------------------------------------------------------------------------
        \1\ Sec. 401(a)(1) of the Department of State Authorization Act,
    Fiscal Year 2003 (division A of the Foreign Relations Authorization
    Act, Fiscal Year 2003; Public Law 107-228; 116 Stat. 1387) struck out
    ``, upon the certification described in section 941'' and inserted in
    lieu thereof ``upon a certification described in section 941 with
    respect to the United Nations or a particular designated specialized
    agency, and immediately with respect to organizations to which none of
    the conditions in section 941(b) apply''.
    ---------------------------------------------------------------------------
        (c) Advance Congressional Notification.--Funds made
    available pursuant to section 911 may be obligated and expended
    only if the appropriate certification has been submitted to the
    appropriate congressional committees 15 days prior to payment
    of the funds, in the case of a certification submitted with
    respect to funds made available for fiscal year 2000.\2\
    ---------------------------------------------------------------------------
        \2\ Sec. 401(c) of Public Law 107-228 (116 Stat. 1388) amended and
    restated subsec. (c). The former subsec. (c) read as follows:
        ``(c) Advance Congressional Notification.--Funds made available
    pursuant to section 911 may be obligated and expended only if the
    appropriate certification has been submitted to the appropriate
    congressional committees 30 days prior to the payment of the funds.''.
    ---------------------------------------------------------------------------
        (d) Transmittal of Certifications.--Certifications made
    under this chapter shall be transmitted by the Secretary of
    State to the appropriate congressional committees.
        (e) Waiver Authority With Respect to Fiscal Year 1999
    Funds.--
              (1) In general.--Subject to paragraph (3) and
            notwithstanding subsection (b), funds made available
            under section 911 for fiscal year 1999 may be obligated
            or expended pursuant to subsection (b)(2) even if the
            Secretary of State cannot certify that the condition
            described in section 931(b)(1) has been satisfied.
              (2) Requirements.--
                      (A) In general.--The authority to waive the
                    condition described in paragraph (1) of this
                    subsection may be exercised only if the
                    Secretary of State--
                              (i) determines that substantial
                            progress towards satisfying the
                            condition has been made and that the
                            expenditure of funds pursuant to that
                            paragraph is important to the interests
                            of the United States; and
                              (ii) has notified, and consulted
                            with, the appropriate congressional
                            committees prior to exercising the
                            authority.
                      (B) Effect on subsequent certification.--If
                    the Secretary of State exercises the authority
                    of paragraph (1), the condition described in
                    that paragraph shall be deemed to have been
                    satisfied for purposes of making any
                    certification under section 941.
              (3) Additional requirement.--If the authority to
            waive a condition under paragraph (1)(A) is exercised,
            the Secretary of State shall notify the United Nations
            that the Congress does not consider the United States
            obligated to pay, and does not intend to pay,
            arrearages that have not been included in the contested
            arrearages account or other mechanism described in
            section 931(b)(1).
        (f) Waiver Authority With Respect to Fiscal Year 2000
    Funds.--
              (1) In general.--Subject to paragraph (2) and
            notwithstanding subsection (b), funds made available
            under section 911 for fiscal year 2000 may be obligated
            or expended pursuant to subsection (b)(3) even if the
            Secretary of State cannot certify that the condition
            described in paragraph (1) of section 941(b) has been
            satisfied.
              (2) Requirements.--
                      (A) In general.--The authority to waive a
                    condition under paragraph (1) may be exercised
                    only if the Secretary of State has notified,
                    and consulted with, the appropriate
                    congressional committees prior to exercising
                    the authority.
                      (B) Effect on subsequent certification.--If
                    the Secretary of State exercises the authority
                    of paragraph (1) with respect to a condition,
                    such condition shall be deemed to have been
                    satisfied for purposes of making any
                    certification under section 941.

    SEC. 913. FORGIVENESS OF AMOUNTS OWED BY THE UNITED NATIONS TO THE
                        UNITED STATES.

        (a) Forgiveness of Indebtedness.--Subject to subsection
    (b), the President is authorized to forgive or reduce any
    amount owed by the United Nations to the United States as a
    reimbursement, including any reimbursement payable under the
    Foreign Assistance Act of 1961 or the United Nations
    Participation Act of 1945.
        (b) Limitations.--
              (1) Total amount.--The total of amounts forgiven or
            reduced under subsection (a) may not exceed
            $107,000,000.
              (2) Relation to united states arrearages.--Amounts
            shall be forgiven or reduced under this section only to
            the same extent as the United Nations forgives or
            reduces amounts owed by the United States to the United
            Nations as of September 30, 1997.
        (c) Requirements.--The authority in subsection (a) shall be
    available only to the extent and in the amounts provided in
    advance in appropriations Acts.
        (d) Congressional Notification.--Before exercising any
    authority in subsection (a), the President shall notify the
    appropriate congressional committees in accordance with the
    same procedures as are applicable to reprogramming
    notifications under section 634A of the Foreign Assistance Act
    of 1961 (22 U.S.C. 2394-1).
        (e) Effective Date.--This section shall take effect on the
    date a certification is transmitted to the appropriate
    congressional committees under section 931.

                      CHAPTER 2--UNITED STATES SOVEREIGNTY

    SEC. 921. CERTIFICATION REQUIREMENTS.

        (a) Contents on Certification.--A certification described
    in this section is a certification by the Secretary of State
    that the following conditions are satisfied:
              (1) Supremacy of the united states constitution.--No
            action has been taken by the United Nations or any of
            its specialized or affiliated agencies that requires
            the United States to violate the United States
            Constitution or any law of the United States.
              (2) No united nations sovereignty.--Neither the
            United Nations nor any of its specialized or affiliated
            agencies--
                      (A) has exercised sovereignty over the United
                    States; or
                      (B) has taken any steps that require the
                    United States to cede sovereignty.
              (3) No united nations taxation.--
                      (A) No legal authority.--Except as provided
                    in subparagraph (D), neither the United Nations
                    nor any of its specialized or affiliated
                    agencies has the authority under United States
                    law to impose taxes or fees on United States
                    nationals.
                      (B) No taxes or fees.--Except as provided in
                    subparagraph (D), a tax or fee has not been
                    imposed on any United States national by the
                    United Nations or any of its specialized or
                    affiliated agencies.
                      (C) No taxation proposals.--Except as
                    provided in subparagraph (D), neither the
                    United Nations nor any of its specialized or
                    affiliated agencies has, on or after October 1,
                    1996, officially approved any formal effort to
                    develop, advocate, or promote any proposal
                    concerning the imposition of a tax or fee on
                    any United States national in order to raise
                    revenue for the United Nations or any such
                    agency.
                      (D) Exception.--This paragraph does not apply
                    to--
                              (i) fees for publications or other
                            kinds of fees that are not tantamount
                            to a tax on United States citizens;
                              (ii) the World Intellectual Property
                            Organization; or
                              (iii) the staff assessment costs of
                            the United Nations and its specialized
                            or affiliated agencies.
              (4) No standing army.--The United Nations has not, on
            or after October 1, 1996, budgeted any funds for, nor
            taken any official steps to develop, create, or
            establish any special agreement under Article 43 of the
            United Nations Charter to make available to the United
            Nations, on its call, the armed forces of any member of
            the United Nations.
              (5) No interest fees.--The United Nations has not, on
            or after October 1, 1996, levied interest penalties
            against the United States or any interest on arrearages
            on the annual assessment of the United States, and
            neither the United Nations nor its specialized agencies
            have, on or after October 1, 1996, amended their
            financial regulations or taken any other action that
            would permit interest penalties to be levied against
            the United States or otherwise charge the United States
            any interest on arrearages on its annual assessment.
              (6) United states real property rights.--Neither the
            United Nations nor any of its specialized or affiliated
            agencies has exercised authority or control over any
            United States national park, wildlife preserve,
            monument, or real property, nor has the United Nations
            nor any of its specialized or affiliated agencies
            implemented plans, regulations, programs, or agreements
            that exercise control or authority over the private
            real property of United States citizens located in the
            United States without the approval of the property
            owner.
              (7) Termination of borrowing authority.--
                      (A) Prohibition on authorization of external
                    borrowing.--On or after the date of enactment
                    of this Act, neither the United Nations nor any
                    specialized agency of the United Nations has
                    amended its financial regulations to permit
                    external borrowing.
                      (B) Prohibition of united states payment of
                    interest costs.--The United States has not, on
                    or after October 1, 1984, paid its share of any
                    interest costs made known to or identified by
                    the United States Government for loans
                    incurred, on or after October 1, 1984, by the
                    United Nations or any specialized agency of the
                    United Nations through external borrowing.
        (b) Transmittal.--The Secretary of State may transmit a
    certification under subsection (a) at any time during fiscal
    year 1998 or thereafter if the requirements of the
    certification are satisfied.

       CHAPTER 3--REFORM OF ASSESSMENTS AND UNITED NATIONS PEACEKEEPING
                                   OPERATIONS

    SEC. 931. CERTIFICATION REQUIREMENTS.

        (a) In General.--A certification described in this section
    is a certification by the Secretary of State that the
    conditions in subsection (b) are satisfied. Such certification
    shall not be made by the Secretary if the Secretary determines
    that any of the conditions set forth in section 921 are no
    longer satisfied.
        (b) Conditions.--The conditions under this subsection are
    the following:
              (1) Contested arrearages.--The United Nations has
            established an account or other appropriate mechanism
            with respect to all United States arrearages incurred
            before the date of enactment of this Act with respect
            to which payments are not authorized by this Act, and
            the failure to pay amounts specified in the account
            does not affect the application of Article 19 of the
            Charter of the United Nations. The account established
            under this paragraph may be referred to as the
            ``contested arrearages account''.
              (2) Limitation on assessed share of budget for united
            nations peacekeeping operations.--The assessed share of
            the budget for each assessed United Nations
            peacekeeping operation does not exceed 28.15 percent
            \3\ for any single United Nations member.
    ---------------------------------------------------------------------------
        \3\ Sec. 1(a) of Public Law 107-46 (115 Stat. 259) struck out ``25
    percent'' and inserted in lieu thereof ``28.15 percent''.
    ---------------------------------------------------------------------------
              (3) Limitation on assessed share of regular budget.--
            The share of the total of all assessed contributions
            for the regular budget of the United Nations does not
            exceed 22 percent for any single United Nations member.

                     CHAPTER 4--BUDGET AND PERSONNEL REFORM

    SEC. 941. CERTIFICATION REQUIREMENTS.

        (a) In General.--
              (1) In general.--Except as provided in paragraph (2),
            a certification described in this section is a
            certification by the Secretary of State that the
            conditions in subsection (b) are satisfied.
              (2) Specified certification.--A certification
            described in this section is \4\ a certification that,
            with respect to the United Nations or a particular
            designated specialized agency, the conditions \4\
            applicable to that organization are satisfied,
            regardless of whether the conditions \4\ applicable to
            any other organization are satisfied.\4\
    ---------------------------------------------------------------------------
        \4\ Sec. 401(a)(2) of Public Law 107-228 (116 Stat. 1387) struck
    out ``also'' between ``this section is'' and ``a certification that'';
    struck out ``in subsection (b)(4)'' in both places it appeared between
    ``conditions'' and ``applicable''; and struck out ``, if the other
    conditions in subsection (b) are satisfied'' at the end of para. (2).
    ---------------------------------------------------------------------------
              (3) Effect of specified certification.--Funds made
            available under section 912(b)(3) upon a certification
            made under this section with respect to the United
            Nations or a particular designated specialized agency
            shall be limited to that portion of the funds available
            under that section that is allocated for the
            organization with respect to which the certification is
            made.\5\
    ---------------------------------------------------------------------------
        \5\ Sec. 401(a)(3) of Public Law 107-228 (116 Stat. 1388) struck
    out ``and for any other organization to which none of the conditions in
    subsection (b) apply''.
    ---------------------------------------------------------------------------
              (4) Limitation.--A certification described in this
            section shall not be made by the Secretary if the
            Secretary determines that any of the conditions set
            forth in sections 921 and 931 are no longer satisfied.
        (b) Conditions.--The conditions under this subsection are
    the following:
              (1) Limitation on assessed share of regular budget.--
            The share of the total of all assessed contributions
            for the regular budget of the United Nations, or any
            designated specialized agency of the United Nations,
            does not exceed 20 percent for any single United
            Nations member.
              (2) Inspectors general for certain organizations.--
                      (A) Establishment of offices.--Each
                    designated specialized agency has established
                    an independent office of inspector general to
                    conduct and supervise objective audits,
                    inspections, and investigations relating to the
                    programs and operations of the organization.
                      (B) Appointment of inspectors general.--The
                    Director General of each designated specialized
                    agency has appointed an inspector general, with
                    the approval of the member states, and that
                    appointment was made principally on the basis
                    of the appointee's integrity and demonstrated
                    ability in accounting, auditing, financial
                    analysis, law, management analysis, public
                    administration, or investigations.
                      (C) Assigned functions.--Each inspector
                    general appointed under subparagraph (A) is
                    authorized to--
                              (i) make investigations and reports
                            relating to the administration of the
                            programs and operations of the agency
                            concerned;
                              (ii) have access to all records,
                            documents, and other available
                            materials relating to those programs
                            and operations of the agency concerned;
                            and
                              (iii) have direct and prompt access
                            to any official of the agency
                            concerned.
                      (D) Complaints.--Each designated specialized
                    agency has procedures in place designed to
                    protect the identity of, and to prevent
                    reprisals against, any staff member making a
                    complaint or disclosing information to, or
                    cooperating in any investigation or inspection
                    by, the inspector general of the agency.
                      (E) Compliance with recommendations.--Each
                    designated specialized agency has in place
                    procedures designed to ensure compliance with
                    the recommendations of the inspector general of
                    the agency.
                      (F) Availability of reports.--Each designated
                    specialized agency has in place procedures to
                    ensure that all annual and other relevant
                    reports submitted by the inspector general to
                    the agency are made available to the member
                    states without modification except to the
                    extent necessary to protect the privacy rights
                    of individuals.
              (3) Budget practices \6\ for the united nations.--The
            United Nations \6\ is implementing budget practices \6\
            that--
    ---------------------------------------------------------------------------
        \6\ Sec. 401(a)(4)(A) of Public Law 107-228 (116 Stat. 1388) struck
    out ``New budget procedures'' in the paragraph heading and inserted in
    lieu thereof ``Budget practices''. Sec. 401(a)(4)(B) struck out ``has
    established and'', and sec. 401(a)(4)(C) struck out ``procedures'' and
    inserted in lieu thereof ``practices'', from the language preceding
    subpara. (A). Sec. 401(a)(4)(D) struck out ``require'' from each place
    it appeared in subparas. (A) and (B).
    ---------------------------------------------------------------------------
                      (A) result in \6\ the maintenance of a budget
                    not in excess of the level agreed to by the
                    General Assembly at the beginning of each
                    United Nations budgetary biennium, unless
                    increases are agreed to by consensus; and
                      (B) result in \6\ the system-wide
                    identification of expenditures by functional
                    categories such as personnel, travel, and
                    equipment.
              (4) Sunset policy for certain united nations
            programs.--
                      (A) Existing authority.--The Secretary
                    General and the Director General of each
                    designated specialized agency have used their
                    existing authorities to require program
                    managers within the United Nations Secretariat
                    and the Secretariats of the designated
                    specialized agencies to conduct evaluations of
                    United Nations programs approved by the General
                    Assembly, and of programs of the designated
                    specialized agencies, in accordance with the
                    standardized methodology referred to in
                    subparagraph (B).
                      (B) Development of evaluation criteria.--
                              (i) United nations.--The Office of
                            Internal Oversight Services has
                            developed a standardized methodology
                            for the evaluation of United Nations
                            programs approved by the General
                            Assembly, including specific criteria
                            for determining the continuing
                            relevance and effectiveness of the
                            programs.
                              (ii) Designated specialized
                            agencies.--Patterned on the work of the
                            Office of Internal Oversight Services
                            of the United Nations, each designated
                            specialized agency has developed a
                            standardized methodology for the
                            evaluation of the programs of the
                            agency, including specific criteria for
                            determining the continuing relevance
                            and effectiveness of the programs.
                      (C) Procedures.--Consistent with the July 16,
                    1997, recommendations of the Secretary General
                    regarding a sunset policy and results-based
                    budgeting for United Nations programs, the
                    United Nations and each designated specialized
                    agency has established and is implementing
                    procedures--
                              (i) requiring the Secretary General
                            or the Director General of the agency,
                            as the case may be, to report on the
                            results of evaluations referred to in
                            this paragraph, including the
                            identification of programs that have
                            met criteria for continuing relevance
                            and effectiveness and proposals to
                            terminate or modify programs that have
                            not met such criteria; and
                              (ii) authorizing an appropriate body
                            within the United Nations or the
                            agency, as the case may be, to review
                            each evaluation referred to in this
                            paragraph and report to the General
                            Assembly on means of improving the
                            program concerned or on terminating the
                            program.
                      (D) United states policy.--It shall be the
                    policy of the United States to seek adoption by
                    the United Nations of a resolution requiring
                    that each United Nations program approved by
                    the General Assembly, and to seek adoption by
                    each designated specialized agency of a
                    resolution requiring that each program of the
                    agency, be subject to an evaluation referred to
                    in this paragraph and have a specific
                    termination date so that the program will not
                    be renewed unless the evaluation demonstrates
                    the continuing relevance and effectiveness of
                    the program.
                      (E) Definition.--For purposes of this
                    paragraph, the term ``United Nations program
                    approved by the General Assembly'' means a
                    program approved by the General Assembly of the
                    United Nations which is administered or funded
                    by the United Nations.
              (5) United nations advisory committee on
            administrative and budgetary questions.--
                      (A) In general.--The United States has a seat
                    on the United Nations Advisory Committee on
                    Administrative and Budgetary Questions or the
                    five largest member contributors each have a
                    seat on the Advisory Committee.
                      (B) Definition.--As used in this paragraph,
                    the term ``5 largest member contributors''
                    means the 5 United Nations member states that,
                    during a United Nations budgetary biennium,
                    have more total assessed contributions than any
                    other United Nations member state to the
                    aggregate of the United Nations regular budget
                    and the budget (or budgets) for United Nations
                    peacekeeping operations.
              (6) Access by the general accounting office.--The
            United Nations has in effect procedures providing
            access by the United States General Accounting Office
            to United Nations financial data to assist the Office
            in performing nationally mandated reviews of United
            Nations operations.
              (7) Personnel.--
                      (A) Appointment and service of personnel.--
                    The Secretary General--
                              (i) has established and is
                            implementing procedures that ensure
                            that staff employed by the United
                            Nations is appointed on the basis of
                            merit consistent with Article 101 of
                            the United Nations Charter; and
                              (ii) is enforcing those contractual
                            obligations requiring worldwide
                            availability of all professional staff
                            of the United Nations to serve and be
                            relocated based on the needs of the
                            United Nations.
                      (B) Code of conduct.--The General Assembly
                    has adopted, and the Secretary General has the
                    authority to enforce and is effectively
                    enforcing, a code of conduct binding on all
                    United Nations personnel, including the
                    requirement of financial disclosure statements
                    binding on senior United Nations personnel and
                    the establishment of rules against nepotism
                    that are binding on all United Nations
                    personnel.
                      (C) Personnel evaluation system.--The United
                    Nations has adopted and is enforcing a
                    personnel evaluation system.
                      (D) Periodic assessments.--The United Nations
                    has established and is implementing a mechanism
                    to conduct periodic assessments of the United
                    Nations payroll to determine total staffing,
                    and the results of such assessments are
                    reported in an unabridged form to the General
                    Assembly.
                      (E) Review of united nations allowance
                    system.--The United States has completed a
                    thorough review of the United Nations personnel
                    allowance system. The review shall include a
                    comparison of that system with the United
                    States civil service system, and shall make
                    recommendations to reduce entitlements to
                    allowances and allowance funding levels from
                    the levels in effect on January 1, 1998.
              (8) Reduction in budget authorities.--The designated
            specialized agencies have achieved zero nominal growth
            in their biennium budgets for 2000-01 from the 1998-99
            biennium budget levels of the respective agencies.
              (9) Budget practices \7\ and financial regulations.--
            The practices of each designated specialized agency--
            \7\
    ---------------------------------------------------------------------------
        \7\ Sec. 401(a)(5)(A) of Public Law 107-228 (116 Stat. 1388) struck
    out ``New budget procedures'' in the paragraph heading and inserted in
    lieu thereof ``Budget practices''. Sec. 401(a)(5)(B) of that Act struck
    out ``Each designated specialized agency has established procedures
    to--'' in the language preceding subpara. (A) and inserted in lieu
    thereof ``The practices of each designated specialized agency--'' Sec.
    401(a)(5)(C) struck out ``require'' where it appeared in subparas. (A),
    (B), and (C) and inserted in lieu thereof ``result in''.
    ---------------------------------------------------------------------------
                      (A) result in \7\ the maintenance of a budget
                    that does not exceed the level agreed to by the
                    member states of the organization at the
                    beginning of each budgetary biennium, unless
                    increases are agreed to by consensus;
                      (B) result in \7\ the identification of
                    expenditures by functional categories such as
                    personnel, travel, and equipment; and
                      (C) result in \7\ approval by the member
                    states of the agency's supplemental budget
                    requests to the Secretariat in advance of
                    expenditures under those requests.
              (10) Limitation on assessed share of regular budget
            for the designated specialized agencies.--The share of
            the total of all assessed contributions for any
            designated specialized agency does not exceed 22
            percent for any single member of the agency.

                      Subtitle C--Miscellaneous Provisions

    SEC. 951. STATUTORY CONSTRUCTION ON RELATION TO EXISTING LAWS.

        Except as otherwise specifically provided, nothing in this
    title may be construed to make available funds in violation of
    any provision of law containing a specific prohibition or
    restriction on the use of the funds, including section 114 of
    the Department of State Authorization Act, Fiscal Years 1984
    and 1985 (Public Law 98-164; 22 U.S.C. 287e note), section 151
    of the Foreign Relations Authorization Act, Fiscal Years 1986
    and 1987 (Public Law 99-93; 22 U.S.C. 287e note), and section
    404 of the Foreign Relations Authorization Act, Fiscal Years
    1994 and 1995 (Public Law 103-236; 22 U.S.C. 287e note).

    SEC. 952. PROHIBITION ON PAYMENTS RELATING TO UNIDO AND OTHER
                        INTERNATIONAL ORGANIZATIONS FROM WHICH THE UNITED
                        STATES HAS WITHDRAWN OR RESCINDED FUNDING.

        None of the funds authorized to be appropriated by this
    title shall be used to pay any arrearage for--
              (1) the United Nations Industrial Development
            Organization;
              (2) any costs to merge that organization into the
            United Nations;
              (3) the costs associated with any other organization
            of the United Nations from which the United States has
            withdrawn including the costs of the merger of such
            organization into the United Nations; or
              (4) the World Tourism Organization, or any other
            international organization with respect to which
            Congress has rescinded funding.
                  4. United Nations Headquarters Agreement Act

       Partial text of Public Law 80-357 [S.J. Res. 144], 61 Stat. 756,
                            approved August 4, 1947

      JOINT RESOLUTION Authorizing the President to bring into effect an
      agreement between the United States and the United Nations for the
       purpose of establishing the permanent headquarters of the United
      Nations in the United States and authorizing the taking of measures
        necessary to facilitate compliance with the provisions of such
                     agreement, and for other purposes.\1\

    Whereas the Charter of the United Nations was signed on behalf
        of the United States on June 26, 1945, and was ratified on
        August 8, 1945, by the President of the United States, by
        and with the advice and consent of the Senate, and the
        instrument of ratification of said Charter was deposited on
        August 8, 1945; and
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 287 note.
    ---------------------------------------------------------------------------
    Whereas the said Charter of the United Nations came into force
        with respect to the United States on October 24, 1945; and
    Whereas article 104 of the Charter provides that ``The
        Organization shall enjoy in the territory of each of its
        Members such legal capacity as may be necessary for the
        exercise of its functions and the fulfillment of its
        purposes''; and
    Whereas article 105 of the Charter provides that:
              ``1. The Organization shall enjoy in the territory of
            each of its Members such privileges and immunities as
            are necessary for the fulfillment of its purposes.
              ``2. Representatives of the Members of the United
            Nations and officials of the Organization shall
            similarly enjoy such privileges and immunities as are
            necessary for the independent exercise of their
            functions in connection with the Organization.
              ``3. The General Assembly may make recommendations
            with a view to determining the details of the
            application of paragraphs 1 and 2 of this article or
            may propose conventions to the Members of the United
            Nations for this purpose.''; and
    Whereas article 28 and other articles of the Charter of the
        United Nations contemplate the establishment of a seat for
        the permanent headquarters of the Organization; and
    Whereas the interim arrangements concluded on June 26, 1945, by
        the governments represented at the United Nations
        Conference on International Organization instructed the
        Preparatory Commission established in pursuance of the
        arrangements to ``make studies and prepare recommendations
        concerning the location of the permanent headquarters of
        the Organization''; and
    Whereas during the labors of the said Preparatory Commission,
        the Congress of the United States in H. Con. Res. 75,
        passed unanimously by the House of Representatives December
        10, 1945, and agreed to unanimously by the Senate December
        11, 1945, invited the United Nations ``to locate the seat
        of the United Nations Organization within the United
        States''; and
    Whereas the General Assembly on December 14, 1946, resolved
        ``that the permanent headquarters of the United Nations
        shall be established in New York City in the area bounded
        by First Avenue, East Forty-eighth Street, the East River,
        and East Forty-second Street''; and
    Whereas the General Assembly resolved on December 14, 1946,
        ``That the Secretary-General be authorized to negotiate and
        conclude with the appropriate authorities of the United
        States of America an agreement concerning the arrangements
        required as a result of the establishment of the permanent
        headquarters of the United Nations in the city of New
        York'' and to be guided in these negotiations by the
        provisions of a preliminary draft agreement which had been
        negotiated by the Secretary-General and the Secretary of
        State of the United States; and
    Whereas the General Assembly resolved on December 14, 1946,
        that pending the coming into force of the agreement
        referred to above ``the Secretary-General be authorized to
        negotiate and conclude arrangements with the appropriate
        authorities of the United States of America to determine on
        a provisional basis the privileges, immunities, and
        facilities needed in connection with the temporary
        headquarters of the United Nations''; and
    Whereas the Secretary of State of the United States, after
        consultation with the appropriate authorities of the State
        and city of New York, signed at Lake Success, New York, on
        June 26, 1947, on behalf of the United States an agreement
        with the United Nations regarding the headquarters of the
        United Nations, which agreement is incorporated herein; and
    Whereas the aforesaid agreement provides that it shall be
        brought into effect by an exchange of notes between the
        United States and the Secretary-General of the United
        Nations: Therefore, be it

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That the
    President is hereby authorized to bring into effect on the part
    of the United States the agreement between the United States of
    America and the United Nations regarding the headquarters of
    the United Nations, signed at Lake Success, New York, on June
    26, 1947 (hereinafter referred to as the ``agreement''), with
    such changes therein not contrary to the general tenor thereof
    and not imposing any additional obligations on the United
    States as the President may deem necessary and appropriate, and
    at his discretion, after consultation with the appropriate
    State and local authorities, to enter into such supplemental
    agreements with the United Nations as may be necessary to
    fulfill the purposes of the said agreement: Provided, That any
    supplemental agreement entered into pursuant to section 5 of
    the agreement incorporated herein shall be submitted to the
    Congress for approval. The agreement follows: \2\
    ---------------------------------------------------------------------------
        \2\ For text of the agreement, see Legislation on Foreign Relations
    Through 2005, vol. V.
    ---------------------------------------------------------------------------
              * * * * * * *
      Sec. 2. For the purpose of carrying out the obligations of
    the United States under said agreement and supplemental
    agreements with respect to United States assurances that the
    United Nations shall not be dispossessed of its property in the
    headquarters district, and with respect to the establishment of
    radio facilities and the possible establishment of an airport:
      (a) The President of the United States, or any official or
    governmental agency authorized by the President, may acquire in
    the name of the United States any property or interest therein
    by purchase, donation, or other means of transfer, or may cause
    proceedings to be instituted for the acquisition of the same by
    condemnation.
      (b) Upon the request of the President, or such officer as the
    President may designate, the Attorney General of the United
    States shall cause such condemnation or other proceedings to be
    instituted in the name of the United States in the district
    court of the United States for the district in which the
    property is situated and such court shall have full
    jurisdiction of such proceedings, and any condemnation
    proceedings shall be conducted in accordance with the Act of
    August 1, 1888 (25 Stat. 357), as amended, and the Act of
    February 26, 1931 (46 Stat. 1421), as amended.
      (c) After the institution of any such condemnation
    proceedings, possession of the property may be taken at any
    time the President, or such officer as he may designate,
    determines is necessary, and the court shall enter such orders
    as may be necessary to effect entry and occupancy of the
    property.
      (d) The President of the United States, or any officer or
    governmental agency duly authorized by the President, may, in
    the name of the United States, transfer or convey possession of
    and title to any interest in any property acquired or held by
    the United States, pursuant to paragraph (a) above, to the
    United Nations on the terms provided in the agreement or in any
    supplemental agreement, and shall execute and deliver such
    conveyances and other instruments and perform such other acts
    in connection therewith as may be necessary to carry out the
    provisions of the agreement.
      (e) There are authorized to be appropriated, out of any money
    in the Treasury not otherwise appropriated, such sums as may be
    required to enable the United States to carry out the
    undertakings hereby authorized: Provided, That any money
    appropriated under this authorization shall be spent only on a
    basis of reimbursement by the United Nations in accordance with
    section 3 of the agreement, and that the money thus reimbursed
    shall be deposited and covered into the Treasury of the United
    States as miscellaneous receipts.
      Sec. 3. The President, or the Secretary of State under his
    direction, is authorized to enter into agreements with the
    State of New York or any other State of the United States and
    to the extent not inconsistent with State law, with any one or
    more of the political subdivisions thereof in aid of
    effectuating the provisions of the agreement.
      Sec. 4. Any States, or, to the extent not inconsistent with
    State law, any political subdivisions thereof, affected by the
    establishment of the headquarters of the United Nations in the
    United States are authorized to enter into agreements with the
    United Nations or with each other consistent with the agreement
    and for the purpose of facilitating compliance with the same:
    Provided, That, except in cases of emergency and agreements of
    a routine contractual character, a representative of the United
    States, to be appointed by the Secretary of State, may, at the
    discretion of the Secretary of State, participate in the
    negotiations, and that any such agreement entered into by such
    State or States or political subdivisions thereof shall be
    subject to approval by the Secretary of State.
      Sec. 5. The President is authorized to make effective with
    respect to the temporary headquarters of the United Nations in
    the State of New York, on a provisional basis, such of the
    provisions of the agreement as he may deem appropriate, having
    due regard for the needs of the United Nations at its temporary
    headquarters.
      Sec. 6. Nothing in the agreement shall be construed as in any
    way diminishing, abridging, or weakening the right of the
    United States to safeguard its own security and completely to
    control the entrance of aliens into any territory of the United
    States other than the headquarters district and its immediate
    vicinity, as to be defined and fixed in a supplementary
    agreement between the Government of the United States and the
    United Nations in pursuance of section 13(3)(e) of the
    agreement, and such areas as it is reasonably necessary to
    traverse in transit between the same and foreign countries.
    Moreover, nothing in section 14 of the agreement with respect
    to facilitating entrance into the United States by persons who
    wish to visit the headquarters district and do not enjoy the
    right of entry provided in section 11 of the agreement shall be
    construed to amend or suspend in any way the immigration laws
    of the United States or to commit the United States in any way
    to effect any amendment or suspension of such law.
          5. U.S. Participation in Certain International Organizations

       Partial text of Public Law 81-806 [H.J. Res. 334], 64 Stat. 902,
    approved September 21, 1950; as amended by Public Law 107-228 [Foreign
     Relations Authorization Act, Fiscal Year 2003; H.R. 1646], 116 Stat.
                       1350, approved September 30, 2002

      JOINT RESOLUTION To amend certain laws providing for membership and
          participation by the United States in certain international
                                 organizations.

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That the
    following laws of the United States are hereby amended in the
    following particulars: * * * \1\
    ---------------------------------------------------------------------------
        \1\ This resolution raised funding authorizations for U.S.
    participation in international organizations: American International
    Institute for the Protection of Childhood (22 U.S.C. 269b--obsolete),
    United Nations Food and Agricultural Organization (22 U.S.C. 279a),
    South Pacific Commission (22 U.S.C. Supp. III, 280b(a)), World Health
    Organization (22 U.S.C. Supp. III, 290b), and International Labour
    Conference, International Labor Organization (22 U.S.C. Supp. III,
    272a(a) and (b)).
    ---------------------------------------------------------------------------
        Sec. 2.\2\ All financial contributions by the United States
    to the normal operations of the international organizations
    covered by this Act, which member states are obligated to
    support annually, shall be limited to the amounts provided in
    this Act: Provided, That contributions for special projects not
    regularly budgeted by such international organizations shall
    not be subject to the above limitation.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 262a.
    ---------------------------------------------------------------------------
        All financial contributions by the United States to
    international organizations in which the United States
    participates as a member shall be made by or with the consent
    of the Department of States regardless of the appropriation
    from which any such contributions is made.\3\
    ---------------------------------------------------------------------------
        \3\ Sec. 405(b)(1) of the Foreign Relations Authorization Act,
    Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1391), struck out the
    last sentence of sec. 2, which had read, ``The Secretary of State shall
    report annually to the Congress on the extent and disposition of such
    contributions.''.
        6. Appropriations Limitation on Contributions to International
                               Organizations \1\

    Partial text of Public Law 92-544 [H.R. 14989], 86 Stat. 1109, approved
                                October 25, 1972

    AN ACT Making appropriations for the Departments of State, Justice and
       Commerce, the Judiciary, and related agencies for the fiscal year
                 ending June 30, 1973, 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
    State, Justice, and Commerce, the Judiciary, and related
    agencies for the fiscal year ending June 30, 1973, and for
    other purposes, namely:

              * * * * * * *

                contributions to international organizations \1\

          * * * Provided, That after December 31, 1973, no
    appropriation is authorized and no payment shall be made to the
    United Nations or any affiliated agency in excess of 25 per
    centum \1\ of the total annual assessment of such organization.
    Appropriations are authorized and contributions and payments
    may be made to the following organizations and activities
    notwithstanding that such contributions and payments are in
    excess of 25 per centum of the total annual assessment of the
    respective organization or 33\1/3\ per centum of the budget for
    the respective activity: the International Atomic Energy
    Agency, the joint financing program of the International Civil
    Aviation Organization, and contributions for international
    peacekeeping activities conducted by or under the auspices of
    the United Nations or through multilateral agreements.\2\
    ---------------------------------------------------------------------------
        \1\ See the Department of State Appropriation Act, 1953 (title I of
    the Departments of State, Justice, Commerce, and The Judiciary
    Appropriation Act, 1953; Public Law 82-495; 66 Stat. 550), which also
    restricts contributions to international organizations not exempted. It
    reads as follows:
        ``No representative of the United States Government in any
    international organization after fiscal year 1953 shall make any
    commitment requiring the appropriation of funds for a contribution by
    the United States in excess of 33\1/2\ per centum of the budget of any
    international organization for which the appropriation for the United
    States contribution is contained in this Act: Provided, That in
    exceptional circumstances necessitating a contribution by the United
    States in excess of 33\1/3\ per centum of the budget, a commitment
    requiring a United States appropriation of a larger proportion may be
    made after consultation by United States representatives in the
    organization or other appropriate officials of the Department of State
    with the Committees on Appropriations of the Senate and House of
    Representatives; Provided, however, That this section shall not apply
    to the United States representatives to the Inter-American
    organizations, Caribbean Commission and the Joint Support program of
    the International Civil Aviation Organization.''.
        This provision, minus the last sentence, first appeared in sec. 602
    of the Departments of State, Justice, Commerce, and the Judiciary
    Appropriation Act, 1952 (Public Law 83-188; 65 Stat. 599; October 22,
    1951). See 22 U.S.C. 262b.
        The Department of State Appropriation Act, 1954 (Public Law 83-195;
    67 Stat. 368) added the exemption granted to the Caribbean Commission
    and the Joint Support program of the International Civil Aviation
    Organization.
        Note: In addition, there are specific legislative limitations on
    the percentage contribution of the United States to the following
    organizations:
        (1) 33\1/3\ percent to the World Health Organization (Act of July
    14, 1948; 22 U.S.C. 290b). However, sec. 103 of the Foreign Relations
    Authorization Act, Fiscal Year 1978 (91 Stat. 844), stated that
    notwithstanding the provisions of Public Law 92-544, $7,281,583 of the
    FY 1978 appropriation authorization for ``International Organizations
    and Conferences'' is authorized to be paid to the World Health
    Organization for any unpaid balance of the U.S. assessed contribution
    to such organization for the calendar years 1974 through 1977.
        (2) 33\1/3\ percent to the Food and Agriculture Organization (Act
    of July 31, 1945; 22 U.S.C. 279a);
        (3) 25 percent to the International Labor Organization (Act of June
    30, 1948; 22 U.S.C. 272a);
        (4) 25 percent to the NATO Parliamentary Conference (Act of July
    11, 1956; 22 U.S.C. 1928b); and
        (5) Not to exceed 20 per centum of the total contributions assessed
    for any period to administer the International Coffee Agreement (TIAS
    5505, 14 UST 1911, September 28, 1962), and such amount shall not
    exceed $150,000 for any fiscal year, to the International Coffee
    Organization (sec. 6 of Public Law 89-23; 79 Stat. 113; approved May
    22, 1965). However, sec. 428 of Public Law 103-236 provides that no
    funds authorized to be appropriated by that Act may be made available
    for the ICO.
        See also secs. 114 and 115 of the Department of State Authorization
    Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1020),
    which provided other limitations on certain U.S. contributions to
    international organizations.
        \2\ Sec. 203 of the Foreign Relations Authorization Act, Fiscal
    Year 1976 (Public Law 94-141), inserted a period after
    ``organization'', struck out the text following it, and inserted the
    language beginning with ``Appropriations are authorized''. Formerly,
    the section following ``organization'' read ``except that this proviso
    shall not apply to the International Atomic Energy Agency and to the
    joint financing program of the International Civil Aviation
    Organization.''.
    ---------------------------------------------------------------------------
              * * * * * * *
           7. U.N. Provisions in Foreign Relations Authorization Acts

              Note.--For provisions in recent Foreign Relations
            Authorization Act relating to the United Nations, see:
              --Foreign Relations Authorization Act, Fiscal Year
            2003, division A, title IV (Public Law 107-228; 116
            Stat. 1387);
              --Admiral James W. Nance and Meg Donovan Foreign
            Relations Authorization Act, Fiscal Years 2000 and
            2001, especially title VII, subtitle B (H.R. 3427, as
            enacted by sec. 1000(a)(7) of Public Law 106-113; 113
            Stat. 1501A-462);
              --Foreign Relations Authorization Act, Fiscal Years
            1994 and 1995, especially title IV, part A (Public Law
            103-236; 108 Stat. 382);
              --Foreign Relations Authorization Act, Fiscal Years
            1992 and 1993, secs. 161, 170, 174, 175, 192, 212, and
            364 (Public Law 102-138; 105 Stat. 647);
              --Foreign Relations Authorization Act, Fiscal Years
            1990 and 1991, secs. 406 through 408 (Public Law 101-
            246; 104 Stat. 15);
              --Foreign Relations Authorization Act, Fiscal Years
            1988 and 1989, title VII and sec. 1211 (Public Law 100-
            204; 101 Stat. 1331);
              --Foreign Relations Authorization Act, Fiscal Years
            1986 and 1987, sec. 151 (Public Law 99-93; 99 Stat.
            405);
              --Department of State Authorization Act, Fiscal Years
            1984 and 1985, secs. 113 through 116, 118, and 119
            (Public Law 98-164; 97 Stat. 1017);
              --Department of State Authorization Act, Fiscal Years
            1982 and 1983, secs. 104, 108, and 109 (Public Law 97-
            241; 96 Stat. 273);
              --Foreign Relations Authorization Act, Fiscal Year
            1979, secs. 103 and 609 (Public Law 95-426; 92 Stat.
            963);
              --Foreign Relations Authorization Act, Fiscal Year
            1978, sec. 503 (Public Law 95-105; 91 Stat. 844); and
              --Foreign Relations Authorization Act, Fiscal Year
            1976, secs. 205 and 503 (Public Law 94-141; 89 Stat.
            756).

            8. United Nations Peacekeeping Forces in the Middle East

      Public Law 94-37 [S. 818], 89 Stat. 216, approved June 19, 1975; as
       amended by Public Law 99-93 [Foreign Relations Authorization Act,
     Fiscal Years 1986 and 1987; H.R. 2068], 99 Stat. 408, approved August
                                    16, 1985

     AN ACT To authorize United States payments to the United Nations for
    expenses of the United Nations peacekeeping forces in the Middle East,
                            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
    Secretary of State may, to the extent funds are authorized and
    appropriated for this purpose, make payments of \1\ such sums
    as may be necessary from time to time for payment by the United
    States of its share of the expenses of the United Nations
    peacekeeping forces in the Middle East, as apportioned by the
    United Nations in accordance with article 17 of the United
    Nations Charter, notwithstanding the limitation on
    contributions to international organizations contained in
    Public Law 92-544 (86 Stat. 1109).\2\
    ---------------------------------------------------------------------------
        \1\ Sec. 103 of the Foreign Relations Authorization Act, Fiscal
    Years 1986 and 1987 (Public Law 99-93; 99 Stat. 408) struck out ``there
    is hereby authorized to be appropriated to the Department of State''
    and inserted in lieu thereof ``the Secretary of State may, to the
    extent funds are authorized and appropriated for this purpose, make
    payments of''.
        \2\ The Department of State Appropriation Act, 1980 (title I of the
    Departments of State, Justice, Commerce, the Judiciary, and Related
    Agencies Appropriation Act, 1980; Public Law 96-68; 93 Stat. 417),
    appropriated $67,000,000 for U.S. payment to the United Nations
    peacekeeping forces in the Middle East.
              9. Response to United Nations Resolution on Zionism

              Note.--On December 16, 1991, the United Nations
            General Assembly voted to ``revoke the determination
            contained in its resolution 3379 (XXX) of 10 November
            1975'', making obsolete those Public Laws and
            resolutions calling for the repeal of Resolution 3379:
            Public Law 101-317 [S.J. Res. 246], 104 Stat. 285,
            approved June 29, 1990; Public Law 100-169 [S.J. Res.
            205], 101 Stat. 913, approved November 17, 1987; Public
            Law 99-90 [S.J. Res. 98], 99 Stat. 385, approved August
            15, 1985; House Resolution 855, 94th Congress, agreed
            to November 11, 1975; Senate Resolution 288, 94th
            Congress, agreed to October 28, 1975, and Senate
            Concurrent Resolution 73, 94th Congress, agreed to
            November 12, 1975.

        10. United Nations Environment Program Participation Act of 1973

    Public Law 93-188 [H.R. 6788], 87 Stat. 713, approved December 15, 1973

    AN ACT To provide for participation by the United States in the United
                          Nations environment program.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``United Nations Environment Program
    Participation Act of 1973''.
        Sec. 2. It is the policy of the United States to
    participate in coordinated international efforts to solve
    environmental problems of global and international concern, and
    in order to assist the implementation of this policy, to
    contribute funds to the United Nations Environmental Fund for
    the support of international measures to protect and improve
    the environment.
        Sec. 3. There is authorized to be appropriated $40,000,000
    for contributions to the United Nations Environment Fund, which
    amount is authorized to remain available until expended, and
    which may be used upon such terms and conditions as the
    President may specify: Provided, That not more than $10,000,000
    may be appropriated for use in fiscal year 1974.\1\
    ---------------------------------------------------------------------------
        \1\ The Foreign Assistance Appropriations Act, 1977, provided $10
    million for necessary expenses to carry out the provisions of sec. 2.
                 11. Support of Peaceful Settlement of Disputes

    Executive Order 10206, January 19, 1951, 16 F.R. 529, 22 U.S.C. 287d-1
                                     note.

        By virtue of the authority vested in me by the Constitution
    and the statutes, including the United Nations Participation
    Act of 1945 (59 Stat. 619), as amended, hereinafter referred to
    as the Act, and the act of August 8, 1950 (Public Law 673, 81st
    Congress), and as President of the United States, it is hereby
    ordered as follows:
        1. The Secretary of State, upon the request by the United
    Nations for cooperative action, and to the extent that he finds
    that it is consistent with the national interest to comply with
    such request, is authorized, in support of such activities of
    the United Nations as are specifically directed to the peaceful
    settlement of disputes and are not involving the employment of
    armed forces contemplated by Chapter VII of the United Nations
    Charter, to request the Secretary of Defense to detail
    personnel of the armed forces to the United Nations, and to
    furnish facilities, services, or other assistance and to loan
    supplies and equipment to the united Nations in an agreed fair
    share of the United States under such terms and conditions as
    the Secretary of State and the Secretary of Defense shall
    jointly determine and in accordance with and subject to the
    provisions of paragraphs (1), (2), and (3) of section 7(a) of
    the Act, and the Secretary of Defense is authorized to comply
    with the request of the Secretary of State, giving due regard
    to the requirements of the national defense.
        2. The Secretary of State, in accordance with and subject
    to the provisions of section 7(b) of the Act, shall require
    reimbursement from the United Nations for the expense thereby
    incurred by the United States whenever personnel or assistance
    is made available to the United Nations except that in
    exceptional circumstances or when the Secretary of State finds
    it to be in the national interest, he may, after consultation
    with the Secretary of Defense, waive, in whole or in part, the
    requirement of such reimbursement.
        3. The Secretary of Defense, in accordance with and subject
    to the provisions of section 7(a)(1) of the Act, may authorize
    personnel of the armed forces detailed to the United Nations to
    accept directly from the United Nations (a) any or all of the
    allowances or perquisites to which they are entitled under the
    first proviso of section 7(a)(1) of the Act, and (b)
    extraordinary expenses and perquisites incident to such detail.
                         12. Privileges and Immunities

           a. International Organizations Immunities Act, as amended

     Partial text of Public Law 79-291 [H.R. 4489], 59 Stat. 669, approved
      December 29, 1945; as amended by Public Law 89-353 [H.R. 8210], 80
     Stat. 5, approved February 2, 1966; Public Law 93-161 [H.R. 8219], 87
    Stat. 635, approved November 27, 1973; Public Law 96-60 [Department of
      State Authorization Act, Fiscal Years 1980 and 1981; H.R. 3363], 93
     Stat. 403, approved August 15, 1979; Public Law 98-164 [Department of
      State Authorization Act, Fiscal Years 1984 and 1985; H.R. 2159], 97
      Stat. 1017 at 1023, approved November 22, 1983; Public Law 100-204
    [Foreign Relations Authorization Act, Fiscal Years 1988 and 1989; H.R.
     1777], 101 Stat. 1331, approved December 22, 1987; Public Law 100-362
     [International Organizations Immunities Act: Organization of Eastern
      Caribbean States; H.R. 4162], 102 Stat. 819, approved July 6, 1988;
     Public Law 103-236 [Foreign Relations Authorization Act, Fiscal Years
      1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994;
      Public Law 105-277 [Omnibus Consolidated and Emergency Supplemental
    Appropriations Act, 1999; H.R. 4328], 112 Stat. 2681, approved October
      21, 1998; Public Law 107-278 [H.R. 3656], 116 Stat. 1939, approved
    November 5, 2002; Public Law 108-199 [Consolidated Appropriations Act,
     2004; H.R. 2673], 118 Stat. 3, approved January 23, 2004; Public Law
     108-447 [Consolidated Appropriations Act, 2005; H.R. 4818], 118 Stat.
    2809, approved December 8, 2004; and Public Law 108-497 [Comprehensive
    Peace in Sudan Act of 2004; S. 2781], 118 Stat. 4012, approved December
                                    23, 2004

      AN ACT To extend certain privileges, exemptions, and immunities to
    international organizations and to the officers and employees thereof,
                            and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

                                    TITLE I

        Section 1.\1\ For the purposes of this title the term
    ``International organization'' means a public international
    organization in which the United States participates pursuant
    to any treaty or under the authority of any Act of Congress
    authorizing such participation or making an appropriation for
    such participation, and which shall have been designated by the
    President through appropriate Executive order as being entitled
    to enjoy the privileges, exemptions, and immunities herein
    provided. The President shall be authorized, in the light of
    the functions performed by any such international organization,
    by appropriate Executive order to withhold or withdraw from any
    such organization or its officers or employees any of the
    privileges, exemptions, and immunities provided for in this
    title (including the amendments made by this title) or to
    condition or limit the enjoyment by any such organization or
    its officers or employees of any such privilege, exemption, or
    immunity. The President shall be authorized, if in his judgment
    such action should be justified by reason of the abuse by an
    international organization or its officers and employees of the
    privileges, exemptions, and immunities herein provided or for
    any other reason, at any time revoke the designation of any
    international organization under this section, whereupon the
    international organization in question shall cease to be
    classed as an international organization for the purposes of
    this title.\2\
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 288.
        \2\ The international organizations listed below this note are
    currently designated by the President as public international
    organizations entitled to enjoy the privileges, exemptions and
    immunities of the International Organizations Immunities Act.
        Sec. 283 of the Federal Agriculture Improvement and Reform Act of
    1996 (Public Law 104-127; 110 Stat. 980; 22 U.S.C. 288 note) provided
    the following:
    ---------------------------------------------------------------------------

    ``sec. 283. international cotton advisory committee.
    ---------------------------------------------------------------------------

        ``(a) In General.--The President shall ensure that the Government
    of the United States participates as a full member of the International
    Cotton Advisory Committee.
        ``(b) Representation by the Secretary.--The Secretary of
    Agriculture shall represent the Government of the United States as a
    member of the International Cotton Advisory Committee and shall
    delegate the primary responsibility to represent the Government of the
    United States to appropriately qualified individuals.''.
    ------------------------------------------------------------------------
       Executive Order No.              Date               Organization
    ------------------------------------------------------------------------
    9698.....................  February 19, 1946      The Food and
                                                       Agriculture
                                                       Organization.
                                                      The International
                                                       Labor Organization.
                                                      The United Nations.
    9751.....................  July 11, 1946          Inter-American
                                                       Institute of
                                                       Agricultural
                                                       Sciences.
                                                      Inter-American
                                                       Statistical
                                                       Institute.
                                                      International Bank for
                                                       Reconstruction and
                                                       Development.
                                                      International Monetary
                                                       Fund.
    9823.....................  January 24, 1947       International Wheat
                                                       Advisory Committee.
                                                      (International Wheat
                                                       Council.)
    9863.....................  May 31, 1947           United Nations
                                                       Educational,
                                                       Scientific, and
                                                       Cultural
                                                       Organization.
                                                      International Civil
                                                       Aviation
                                                       Organization.
                                                      International
                                                       Telecommunication
                                                       Union.
    9911.....................  December 10, 1947      International Cotton
                                                       Advisory Committee.
    9972.....................  June 25, 1948          International Joint
                                                       Commission, United
                                                       States and Canada.
    10025....................  December 30, 1948      World Health
                                                       Organization.
    10086....................  November 25, 1949      South Pacific
                                                       Commission.
    10133....................  June 27, 1950          Organization for
                                                       European Economic
                                                       Cooperation.
    10228....................  March 26, 1951         Inter-American Defense
                                                       Board.
    10335....................  March 28, 1952         Provisional
                                                       Intergovernmental
                                                       Committee for the
                                                       Movement of Migrants
                                                       from Europe (now the
                                                       Intergovernmental
                                                       Committee for
                                                       European Migration).
    10533....................  June 3, 1954           Organization of
                                                       American States
                                                       (includes the Pan
                                                       American Union,
                                                       previously designated
                                                       February 19, 1946, by
                                                       Executive Order No.
                                                       9698).
    10676....................  September 1, 1956      World Meteorological
                                                       Organization.
    10680....................  October 2, 1956        International Finance
                                                       Corporation.
    10727....................  August 31, 1957        International Atomic
                                                       Energy Agency
                                                       (included the
                                                       Preparatory
                                                       Commission of the
                                                       International Atomic
                                                       Energy Agency).
                                                      Universal Postal
                                                       Union.
    10769....................  May 20, 1958           International
                                                       Hydrographic Bureau.
    10795....................  December 13, 1958      Intergovernmental
                                                       Maritime Consultative
                                                       Organization.
    10864....................  February 18, 1960      Pan American Health
                                                       Organization
                                                       (includes the Pan
                                                       American Sanitary
                                                       Bureau, previously
                                                       designated July 11,
                                                       1946, by Executive
                                                       Order No. 9751).
    10873....................  April 8, 1960          Inter-American
                                                       Development Bank.
    10983....................  December 30, 1961      Caribbean
                                                       Organization.
    11059....................  October 23, 1962       Inter-American
                                                       Tropical Tuna
                                                       Commission.
                                                      Great Lakes Fishery
                                                       Commission.
                                                      International Pacific
                                                       Halibut Commission.
    11225....................  May 22, 1965           International Coffee
                                                       Organization.
    11227....................  June 2, 1965           Interim Communications
                                                       Satellite Committee.
    11277....................  April 30, 1966         International
                                                       Telecommunications
                                                       Satellite Consortium.
    11283....................  May 27, 1966           International Cotton
                                                       Institute.
    11334....................  March 7, 1967          Asian Development
                                                       Bank.
    11363....................  July 20, 1967          International
                                                       Secretariat for
                                                       Volunteer Service.
    11372....................  September 18, 1967     Lake Ontario Claims
                                                       Tribunal (status
                                                       revoked by Executive
                                                       Order 11439, December
                                                       7, 1968).
    11484....................  September 29, 1969     United International
                                                       Bureau for the
                                                       Protection of
                                                       Intellectual Property
                                                       (BIRPI).
    11596....................  June 5, 1971           Customs Cooperation
                                                       Council.
    11718....................  May 14, 1973           International
                                                       Telecommunications
                                                       Satellite
                                                       Organization.
    11760....................  January 17, 1974       European Space Agency
                                                       (superseding
                                                       Executive Orders
                                                       11318 and 11351).
    11866....................  June 20, 1975          World Intellectual
                                                       Property
                                                       Organization.
    11966....................  January 19, 1977       International
                                                       Development
                                                       Association.
                                                      International Centre
                                                       for Settlement of
                                                       Investment Disputes.
                                                      International
                                                       Telecommunications
                                                       Satellite
                                                       Organization.
    11977....................  March 14, 1977         The African
                                                       Development Fund.
                                                      The International
                                                       Fertilizer
                                                       Development Center.
    12238....................  September 12, 1980     International Maritime
                                                       Satellite
                                                       Organization.
    12359....................  April 22, 1982         The Multinational
                                                       Force and Observers.
                                                      The International Food
                                                       Policy Research
                                                       Institute (except for
                                                       those provided by
                                                       sec. 2(a)-(c), the
                                                       last clause of sec.
                                                       2(d), and sec. 7(b).
    12403....................  February 8, 1983       The African
                                                       Development Bank.
    12425....................  June 16, 1983          The International
                                                       Criminal Police
                                                       Organization (except
                                                       for those provided by
                                                       sec. 2(c), the
                                                       portions of secs.
                                                       2(d) and 3 relating
                                                       to customs duties and
                                                       federal internal-
                                                       revenue importation
                                                       taxes, and secs. 4
                                                       through 6).
    12467....................  March 2, 1984          The International
                                                       Boundary and Water
                                                       Commission, United
                                                       States and Mexico.
    12508....................  March 22, 1985         World Tourism
                                                       Organization.
    12567....................  October 2, 1986        Inter-American
                                                       Investment
                                                       Corporation.
                                                      Commission for the
                                                       Study of Alternatives
                                                       to the Panama Canal.
                                                      Pacific Salmon
                                                       Commission
    12628....................  March 8, 1988          United Nations
                                                       Industrial
                                                       Development
                                                       Organization.
    12643....................  June 23, 1988          International
                                                       Committee of the Red
                                                       Cross.
    12647....................  August 2, 1988         Multilateral
                                                       Investment Guarantee
                                                       Organization.
    12651....................  September 9, 1988      Offices of the
                                                       Commission of the
                                                       European Communities.
    12669....................  February 20, 1989      Organization of
                                                       Eastern Caribbean
                                                       States.
    12732....................  October 31, 1990       International Fund for
                                                       Agricultural
                                                       Development.
    12766....................  June 18, 1991          European Bank for
                                                       Reconstruction and
                                                       Development.
                                                      European Space Agency.
    12842....................  March 29, 1993         International
                                                       Development Law
                                                       Institute.
    12894....................  January 26, 1994       North Pacific Marine
                                                       Science Organization.
    12895....................  January 26, 1994       North Pacific
                                                       Anadromous Fish
                                                       Commission.
    12904....................  March 16, 1994         Commission for
                                                       Environmental
                                                       Cooperation.
                                                      Commission for Labor
                                                       Cooperation.
                                                      Border Environment
                                                       Cooperation
                                                       Commission.
                                                      North American
                                                       Development Bank.
    12956....................  March 13, 1995         Israel-United States
                                                       Binational Industrial
                                                       Research and
                                                       Development
                                                       Foundation.
    12986....................  January 18, 1996       International Union
                                                       for Conservation of
                                                       Nature and Natural
                                                       Resources (except for
                                                       those provided by
                                                       sec. 2(b), 2(c), and
                                                       7(b)).
    12997....................  April 1, 1996          Korean Peninsula
                                                       Energy Development
                                                       Organization.
    13029....................  December 3, 1996       Organization for
                                                       Security and
                                                       Cooperation in Europe
                                                       (formerly the
                                                       Conference on
                                                       Security and
                                                       Cooperation in
                                                       Europe, change
                                                       effective January 1,
                                                       1995).
    13042....................  April 9, 1997          World Trade
                                                       Organization.
    13049....................  June 11, 1997          Organization for the
                                                       Prohibition of
                                                       Chemical Weapons.
    13052....................  June 30, 1997          Hong Kong Economic and
                                                       Trade Offices.
    13097....................  August 7, 1998         Interparliamentary
                                                       Union.
    13240....................  December 18, 2001      Council of Europe in
                                                       Respect of the Group
                                                       of States Against
                                                       Corruption
    13307....................  May 29, 2003           European Central Bank
    13367....................  December 21, 2004      United States-Mexico
                                                       Border Health
                                                       Commission
    13377....................  April 13, 2005         African Union (revokes
                                                       prior designation of
                                                       the Organization of
                                                       African Unity,
                                                       Executive Order
                                                       11767, February 19,
                                                       1974)
    ------------------------------------------------------------------------

        Sec. 2.\3\ International organizations shall enjoy the
    status, immunities, exemptions, and privileges set forth in
    this section, as follows:
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 288a.
    ---------------------------------------------------------------------------
        (a) International organizations shall, to the extent
    consistent with the instrument creating them, possess the
    capacity--
              (i) to contract;
              (ii) to acquire and dispose of real and personal
            property;
              (iii) to institute legal proceedings.
        (b) International organizations, their property and their
    assets, wherever located, and by whomsoever held, shall enjoy
    the same immunity from suit and every form of judicial process
    as is enjoyed by foreign governments, except to the extent that
    such organizations may expressly waive their immunity for the
    purposes of any proceedings or by the terms of any contract.
        (c) Property and assets of international organizations,
    wherever located and by whomsoever held, shall be immune from
    search, unless such immunity be expressly waived, and from
    confiscation. The archives of international organizations shall
    be inviolable.
        (d) Insofar as concerns customs duties and internal-revenue
    taxes imposed upon or by reason of importation, and the
    procedures in connection therewith; the registration of foreign
    agents; and the treatment of official communications, the
    privileges, exemptions, and immunities to which international
    organizations shall be entitled shall be those accorded under
    similar circumstances to foreign governments.
        Sec. 3.\4\ Pursuant to regulations prescribed by the
    Commissioner of Customs with approval of the Secretary of the
    Treasury, the baggage and effects of aliens, officers and
    employees of international organizations, or of aliens
    designated by foreign governments to serve as their
    representatives in or to such organizations, or of the
    families, suites, and servants of such officers, employees, or
    representatives shall be admitted (when imported in connection
    with the arrival of the owner) free of customs duties and free
    of internal-revenue taxes imposed upon or by reason of
    importation.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 288b.
    ---------------------------------------------------------------------------
        Sec. 4.\5\ The Internal Revenue Code is hereby amended as
    follows: * * *
    ---------------------------------------------------------------------------
        \5\ Sec. 4 amended title 26 of the U.S. Code at secs. 892, 893(a),
    3121(b)(15), 3306(c)(16), 3401(a)(5), 4253(c), 4263(b), 4272A(d) (later
    repealed by sec. 4(a) of Public Law 85-475 (72 Stat. 260)), and
    7701(a)(18).
    ---------------------------------------------------------------------------
        Sec. 5. (a) \6\ Effective January 1, 1946, section 209(b)
    of the Social Security Act, defining the term ``employment''
    for the purposes of title II of the Act, is amended (1) by
    striking out the word ``or'' at the end of paragraph (14), (2)
    by striking out the period at the end of paragraph (15) and
    inserting in lieu thereof a semicolon and the word ``or'', and
    (3) by inserting at the end of the subsection the following new
    paragraph:
    ---------------------------------------------------------------------------
        \6\ 42 U.S.C. 410(a)(15).
    ---------------------------------------------------------------------------
              ``(16) Service performed in the employ of an
            international organization entitled to enjoy
            privileges, exemptions, and immunities as an
            international organization under the International
            Organizations Immunities Act.''
        (b) \7\ No taxes shall be collected under title VIII or IX
    of the Social Security Act or under the Federal Insurance
    Contributions Act or the Federal Unemployment Tax Act, with
    respect to services rendered prior to January 1, 1946, which
    are described in paragraph (16) of sections 1426(b) and 1607(c)
    of the Internal Revenue Code, as amended, and any such tax
    heretofore collected (included penalty and interest with
    respect thereto, if any) shall be refunded in accordance with
    the provisions of law applicable in the case of erroneous or
    illegal collection of the tax. No interest shall be allowed or
    paid on the amount of any such refund. No payment shall be made
    under title II of the Social Security Act with respect to
    services rendered prior to January 1, 1946, which are described
    in paragraph (16) of section 209(b) of such Act, as amended.
    ---------------------------------------------------------------------------
        \7\ 26 U.S.C. 3101 note, 42 U.S.C. 401 note.
    ---------------------------------------------------------------------------
        Sec. 6.\8\ International organizations shall be exempt from
    all property taxes imposed by, or under the authority of, any
    Act of Congress, including such Acts as are applicable solely
    to the District of Columbia or the Territories.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 288c.
    ---------------------------------------------------------------------------
        Sec. 7.\9\ (a) Persons designated by foreign governments to
    serve as their representatives in or to international
    organizations and the officers and employees of such
    organizations, and members of the immediate families of such
    representatives, officers, and employees residing with them,
    other than nationals of the United States, shall, insofar as
    concerns laws regulating entry into and departure from the
    United States, alien registration and fingerprinting, and the
    registration of foreign agents, be entitled to the same
    privileges, exemptions, and immunities as are accorded under
    similar circumstances to officers and employees, respectively,
    of foreign governments, and members of their families.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 288d.
    ---------------------------------------------------------------------------
        (b) Representatives of foreign governments in or to
    international organizations and officers and employees of such
    organizations shall be immune from suit and legal process
    relating to acts performed by them in their official capacity
    and falling within their functions as such representatives,
    officers, or employees except insofar as such immunity may be
    waived by the foreign government or international organization
    concerned.
        (c) \10\ Section 3 of the Immigration Act approved March
    26, 1924, as amended (U.S.C., title 8, sec. 203), is hereby
    amended * * *
    ---------------------------------------------------------------------------
        \10\ Sec. 101(a)(15) of the Immigration and Nationality Act of June
    27, 1952 (Public Law 82-414; 66 Stat. 167; 8 U.S.C. 1101(a)(15))
    repealed and replaced sec. 3 of the Immigration Act of May 26, 1924
    (Public Law 68-139; 43 Stat. 154). See sec. 101(a)(15)(G) of the
    Immigration and Nationality Act of June 27, 1952 (8 U.S.C.
    1101(a)(15)(G)), which provides the following:
        ``(G)(i) a designated principal resident representative of a
    foreign government recognized de jure by the United States, which
    foreign government is a member of an international organization
    entitled to enjoy privileges, exemptions, and immunities as an
    international organization under the International Organizations
    Immunity Act (55 Stat. 669), accredited resident members of the staff
    of such representatives, and members of his or their immediate family;
        ``(ii) other accredited representatives of such a foreign
    government to such international organizations, and the members of
    their immediate families;
        ``(iii) an alien able to qualify under (i) or (ii) above except for
    the fact that the government of which such alien is an accredited
    representative is not recognized de jure by the United States, or that
    the government of which he is an accredited representative is not a
    member of such international organization, and the members of his
    immediate family;
        ``(iv) officers, or employees of such international organizations,
    and the members of their immediate families;
        ``(v) attendants, servants, and personal employees of any such
    representative, officer, or employee, and the members of the immediate
    families of such attendants, servants, and personal employees;''.
        Sec. 101(a)(15) established twenty-two categories of
    ``nonimmigrant'' aliens (aliens admitted to the United States on a
    temporary basis, not for permanent residence here, and therefore not
    subject to quota restrictions). These are: Class A, Foreign government
    officials; Class B, Temporary visitors; Class C, Transit aliens
    (including aliens entitled to pass in transit to and from the United
    Nations headquarters in New York City); Class D, Crewmen; Class E,
    Treaty traders and treaty investors; Class F, Students; Class G,
    International organizations personnel; Class H, Temporary workers with
    particular skills; Class I, Foreign correspondents; Class J,
    Participants in a program designated by the Director of the United
    States Information Agency; Class K, Fiancee or fiance of a U.S. citizen
    entering to conclude a marriage, or one who has married a U.S. citizen;
    Class L, Temporary workers previously employed in the United States;
    Class M, Students in vocational training; Class N, Parent of an alien
    with special immigrant status; Class O, Person with extraordinary
    ability in science, art, education, business, or athletics, or that
    person's accompanist; Class P, Athlete or performer; Class Q, Cultural
    exchange participant; Class R, Member of religious denomination with
    organization in United States; Class S, Informant critical to Federal
    or State law enforcement officials or critical to investigation of
    terrorism; Class T, Person who is a victim of a severe form of
    trafficking in persons; Class U, Person who has suffered substantial
    physical or mental abuse of certain kinds; and Class V, Beneficiary of
    a certain petition.
    ---------------------------------------------------------------------------
        (d) \11\ Section 15 of the Immigration Act approved May 26,
    1924, as amended (U.S.C., title 8, sec. 215), is hereby amended
    to read as follows: * * *
    ---------------------------------------------------------------------------
        \11\ Secs. 102, 214, and 241 of the Immigration and Nationality Act
    of June 27, 1952 (Public Law 82-414; 66 Stat. 173, 189, 204; 8 U.S.C.
    1102, 1184, 1251(e)) repealed and replaced sec. 15 of the Immigration
    Act of May 26, 1924 (Public Law 68-139; 43 Stat. 162; 8 U.S.C. 215).
    See sec. 102 of the Immigration and Nationality Act of June 27, 1952 (8
    U.S.C. 1102), as amended, which provides the following:
        ``Sec. 102. Except as otherwise provided in this Act, for so long
    as they continue in the nonimmigrant classes enumerated in this
    section, the provisions of this Act relating to ineligibility to
    receive visas and the exclusion or deportation of aliens shall not be
    construed to apply to nonimmigrants--
        ``(1) within the class described in paragraph (15)(A)(i) of section
    101(a), except those provisions relating to reasonable requirements of
    passports and visas as a means of identification and documentation
    necessary to establish their qualifications under such paragraph
    (15)(A)(i), and, under such rules and regulations as the President may
    deem to be necessary the provisions of subparagraphs (A) through (C) of
    section 212(a)(3);
        ``(2) within the class described in paragraph (15)(G)(i) of section
    101(a), except those provisions relating to reasonable requirements of
    passports and visas as a means of identification and documentation
    necessary to establish their qualifications under such paragraph
    (15)(G)(i), and the provisions of subparagraphs (A) through (C) of
    section 212(a)(3); and
        ``(3) within the classes described in paragraphs (15)(A)(ii),
    (15)(G)(ii), (15)(G)(iii), or (15)(G)(iv) of section 101(a), except
    those provisions relating to reasonable requirements of passports and
    visas as a means of identification and documentation necessary to
    establish their qualifications under such paragraphs, and the
    provisions of subparagraphs (A) through (C) of section 212(a)(3).''.
        Sec. 212 of the Immigration and Nationality Act of June 27, 1952 (8
    U.S.C. 1182), set forth the various classes of aliens to be excluded
    from admission to the United States. See particularly sec. 212(a)(3),
    relating to security and related grounds.
    ---------------------------------------------------------------------------
        Sec. 8.\12\ (a) No person shall be entitled to the benefits
    of this title unless he (1) shall have been duly notified to
    and accepted by the Secretary of State as a representative,
    officer, or employee; or (2) shall have been designated by the
    Secretary of State, prior to formal notification and acceptance
    as a prospective representative, officer, or employee; of (3)
    is a member of the family or suite or servant, of one of the
    foregoing accepted or designated representatives, officers, or
    employees.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 288e.
    ---------------------------------------------------------------------------
        (b) Should the Secretary of State determine that the
    continued presence in the United States of any person entitled
    to the benefits of this title is not desirable, he shall so
    inform the foreign government or international organization
    concerned, as the case may be, and after such person shall have
    had a reasonable length of time, to be determined by the
    Secretary of State, to depart from the United States, he shall
    cease to be entitled to such benefits.
        (c) No person shall, by reason of the provisions of this
    title, be considered as receiving diplomatic status or as
    receiving any of the privileges incident thereto other than
    such as are specifically set forth herein.
        Sec. 9.\13\ The privileges, exemptions, and immunities of
    international organizations and of their officers and
    employees, and members of their families, suites, and servants,
    provided for in this title, shall be granted notwithstanding
    the fact that the similar privileges, exemptions, and
    immunities granted to a foreign government, its officers, or
    employees, may be conditioned upon the existence of reciprocity
    by that foreign government: Provided, That nothing contained in
    this title shall be construed as precluding the Secretary of
    State from withdrawing the privileges, exemptions, and
    immunities herein provided from persons who are nationals of
    any foreign country on the ground that such country is failing
    to accord corresponding privileges, exemptions, and immunities
    to citizens of the United States.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 288f.
    ---------------------------------------------------------------------------
        Sec. 10. This title may be cited as the ``International
    Organizations Immunities Act.''
        Sec. 11.\14\ The provisions of this title may be extended
    to the European Space Agency \15\ and to the Organization of
    Eastern Caribbean States (including any office established in
    the United States by that organization) \16\ in the same
    manner, to the same extent, and subject to the same conditions,
    as they may be extended to a public international organization
    in which the United States participates pursuant to any treaty
    or under the authority of any Act of Congress authorizing such
    participation or making an appropriation for such
    participation.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 288f-1. Public Law 89-353 (80 Stat. 5) added sec.
    11.
        \15\ Sec. 120 of the Department of State Authorization Act, Fiscal
    Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1023), struck out a
    reference to the European Space Research Organization and inserted in
    lieu thereof the reference to the European Space Agency.
        \16\ Public Law 100-362 (102 Stat. 819) added ``and to the
    Organization of Eastern Caribbean States (including any office
    established in the United States by that organization)''.
    ---------------------------------------------------------------------------
        Sec. 12.\17\ The provisions of this title may be extended
    to the African Union \18\ and may continue to be extended to
    the International Labor Organization \19\ and the United
    Nations Industrial Development Organization \20\ in the same
    manner, to the same extent, and subject to the same conditions,
    as they may be extended to a public international organization
    in which the United States participates pursuant to any treaty
    or under the authority of any Act of Congress authorizing such
    participation or making an appropriation for such
    participation.
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 288f-2. Public Law 93-161 (87 Stat. 635) added sec.
    12.
        \18\ Sec. 569(h) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2005 (division D of the
    Consolidated Appropriations Act, 2005; Public Law 108-447; 118 Stat.
    3026), struck out ``Organization of African Unity'' and inserted in
    lieu thereof ``African Union''. Sec. 8 of the Comprehensive Peace in
    Sudan Act of 2004 (Public Law 108-497; 118 Stat. 4019) made a
    duplicative amendment to this section.
        \19\ Sec. 404 of the Department of State Authorization Act, Fiscal
    Year 1980-81 (Public Law 96-60; 93 Stat. 403), added this reference to
    the International Labor Organization.
        \20\ Sec. 406 of the Department of State and Related Agencies
    Appropriations Act, 1999 (title IV of sec. 101(b) of Public Law 105-
    277; 112 Stat. 2681-101), inserted ``and the United Nations Industrial
    Development Organization''.
    ---------------------------------------------------------------------------
        Sec. 13.\21\ The International Committee of the Red Cross,
    in view of its unique status as an impartial humanitarian body
    named in the Geneva Conventions of 1949 and assisting in their
    implementation, shall be considered to be an international
    organization for the purposes of this title and may be extended
    the provisions of this title in the same manner, to the same
    extent, and subject to the same conditions, as such provisions
    may be extended to a public international organization in which
    the United States participates pursuant to any treaty or under
    the authority of any Act of Congress authorizing such
    participation or making an appropriation for such
    participation.
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 288f-3. Sec. 743 of the Foreign Relations
    Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204; 101
    Stat. 1395), added sec. 13.
    ---------------------------------------------------------------------------
        Sec. 14.\22\ The International Union for Conservation of
    Nature and Natural Resources shall be considered to be an
    international organization for the purposes of this title and
    may be extended the provisions of this title in the same
    manner, to the same extent, and subject to the same conditions,
    as such provisions may be extended to a public international
    organization in which the United States participates pursuant
    to any treaty or under the authority of any Act of Congress
    authorizing such participation or making an appropriation for
    such participation.
    ---------------------------------------------------------------------------
        \22\ 22 U.S.C. 288f-4. Sec. 426 of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108
    Stat. 458), added sec. 14.
    ---------------------------------------------------------------------------
        Sec. 15.\23\ The provisions of this title may be extended
    to the European Central Bank in the same manner, to the same
    extent, and subject to the same conditions, as they may be
    extended to a public international organization in which the
    United States participates pursuant to any treaty or under the
    authority of any Act of Congress authorizing such participation
    or making an appropriation for such participation.
    ---------------------------------------------------------------------------
        \23\ 22 U.S.C. 288f-5. Sec. 1 of Public Law 107-278 (116 Stat.
    1939) added sec. 15.
    ---------------------------------------------------------------------------
        Sec. 16.\24\ The provisions of this title may be extended
    to the Global Fund to Fight AIDS, Tuberculosis and Malaria in
    the same manner, to the same extent, and subject to the same
    conditions, as they may be extended to a public international
    organization in which the United States participates pursuant
    to any treaty or under the authority of any Act of Congress
    authorizing such participation or making an appropriation for
    such participation.
    ---------------------------------------------------------------------------
        \24\ 22 U.S.C. 288f-6. Sec. 593 of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 2004 (division D of
    the Consolidated Appropriations Act, 2004; Public Law 108-199; 118
    Stat. 208), added sec. 16.
    ---------------------------------------------------------------------------
              * * * * * * *
    b. Extending Certain Privileges to Representatives of Member States on
               the Council of the Organization of American States

      Public Law 82-486 [S. 2042], 66 Stat. 516, 22 U.S.C. 288g, approved
     July 10, 1952; as amended by Public Law 93-149 [H.R. 5943], 87 Stat.
                         560, approved November 7, 1973

     AN ACT To extend certain privileges to the representatives of member
     states and permanent observers to the Organization of American States.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That, under
    such terms and conditions as he shall determine, the President
    is hereby authorized to extend, or to enter into an agreement
    extending, to the representatives of member states (other than
    the United States) to the Organization of American States and
    to permanent observers to the Organization of American States,
    and to members of the staff of said representatives and
    permanent observers, the same privileges and immunities,
    subject to corresponding conditions and obligations, as are
    enjoyed by diplomatic envoys accredited to the United
    States.\1\
    ---------------------------------------------------------------------------
        \1\ Public Law 93-149 (87 Stat. 560) restated the text following
    the italicized introductory clause, which formerly read as follows:
    ``That, under such terms and conditions as he shall determine, the
    President is hereby authorized to extend, or to enter into an agreement
    extending, to the representatives of member states (other than the
    United States) on the Council of the Organization of American States,
    and to members of their staffs, the same privileges and immunities,
    subject to corresponding conditions and obligations, as are enjoyed by
    diplomatic envoys accredited to the United States.''.
    c. Extending Diplomatic Privileges to the Mission of the Commission of
                            the European Communities

      Public Law 92-499 [S. 2700], 86 Stat. 815, 22 U.S.C. 288h, approved
     October 18, 1972; as amended by Public Law 100-204 [Foreign Relations
     Authorization Act, Fiscal Years 1988 and 1989; H.R. 1777], 101 Stat.
                        1331, approved December 22, 1987

    AN ACT To extend diplomatic privileges and immunities to the Mission to
        the United States of America of the Commission of the European
                      Communities and to members thereof.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That, under
    such terms and conditions as he shall determine and consonant
    with the purposes of this Act, the President is authorized to
    extend, or to enter into an agreement extending, to the Mission
    to the United States of America of the Commission of the
    European Communities, and to members thereof, the same
    privileges and immunities subject to corresponding conditions
    and obligations as are enjoyed by diplomatic missions
    accredited to the United States and by members thereof. Under
    such terms and conditions as the President may determine, the
    President is authorized to extend to other offices of the
    Commission of the European Communities which are established in
    the United States, and to members thereof--
        (1) the privileges and immunities described in the
    preceding sentence; or
        (2) as appropriate for the functioning of a particular
    office, privileges and immunities, equivalent to those accorded
    consular premises, consular offices, and consular employees,
    pursuant to the Vienna Convention on Consular Relations.\1\
    ---------------------------------------------------------------------------
        \1\ Sec. 741 of the Foreign Relations Authorization Act, Fiscal
    Years 1988 and 1989 (Public Law 100-204; 101 Stat. 1394), added the
    last sentence.
        d. Extending Diplomatic Privileges to the Liaison Office of the
                           People's Republic of China

    Public Law 93-22 [S. 1315], 87 Stat. 24, 22 U.S.C. 288i, approved April
                                    20, 1973

     AN ACT To extend diplomatic privileges and immunities to the Liaison
     Office of the People's Republic of China and to members thereof, and
                              for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That:
        Under such terms and conditions as he shall determine and
    consonant with the purposes of this Act, the President is
    authorized to extend to the Liaison Office of the People's
    Republic of China in Washington and to the members thereof the
    same privileges and immunities subject to corresponding
    conditions and obligations as are enjoyed by diplomatic
    missions accredited to the United States and by members
    thereof.
     e. Extending Certain Privileges to the International Development Law
                                   Institute

      Partial text of Public Law 102-511 [FREEDOM Support Act of 1992; S.
                2532], 106 Stat. 3320, approved October 24, 1992

    AN ACT To support freedom and open markets in the independent states of
                the former Soviet Union, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
              * * * * * * *

    TITLE VIII--UNITED STATES INFORMATION AGENCY, DEPARTMENT OF STATE, AND
                        RELATED AGENCIES AND ACTIVITIES

              * * * * * * *

    SEC. 805.\1\ INTERNATIONAL DEVELOPMENT LAW INSTITUTE.

        For purposes of the International Organizations Immunities
    Act 922 U.S.C. 288 and following), the International
    Development Law Institute shall be considered to be a public
    international organization in which the United States
    participates under the authority of an Act of Congress
    authorizing such participation.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 288j.
    ---------------------------------------------------------------------------
              * * * * * * *
    f. Extending Certain Privileges to Hong Kong Economic and Trade Offices

       Public Law 105-22 [S. 342], 111 Stat. 236, approved June 27, 1997

    AN ACT To extend certain privileges, exemptions, and immunities to Hong
                        Kong Economic and Trade Offices.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

    SECTION 1.\1\ EXTENSION OF CERTAIN PRIVILEGES, EXEMPTIONS, AND
                        IMMUNITIES TO HONG KONG ECONOMIC AND TRADE OFFICES.

        (a) Application of International Organizations Immunities
    Act.--The provisions of the International Organizations
    Immunities Act (22 U.S.C. 288 et seq.) may be extended to the
    Hong Kong Economic and Trade Offices in the same manner, to the
    same extent, and subject to the same conditions as such
    provisions may be extended to a public international
    organization in which the United States participates pursuant
    to any treaty or under the authority of any Act of Congress
    authorizing such participation or making an appropriation for
    such participation.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 288k.
    ---------------------------------------------------------------------------
        (b) Application of International Agreement on Certain State
    and Local Taxation.--The President is authorized to apply the
    provisions of Article I of the Agreement on State and Local
    Taxation of Foreign Employees of Public International
    Organizations, done at Washington on April 21, 1994, to the
    Hong Kong Economic and Trade Offices.
        (c) Definition.--The term ``Hong Kong Economic and Trade
    Offices'' refers to Hong Kong's official economic and trade
    missions in the United States.
        g. Protection and Prevention of Crimes Against Internationally
                               Protected Persons

    Partial text of 18 United States Code; as amended by Public Law 92-539
     [H.R. 15883], 86 Stat. 1070, approved October 24, 1972; Public Law 94-
     467 [H.R. 15552], 90 Stat. 1997, approved October 8, 1976; Public Law
     95-163 [H.R. 6010], 91 Stat. 1286, approved November 9, 1977; Public
    Law 95-504 [S. 2493], 92 Stat. 1705, approved October 24, 1978; Public
     Law 98-473 [H.J. Res. 648], 98 Stat. 1837, approved October 12, 1984;
      Public Law 99-646 [S. 1236], 100 Stat. 3592, approved November 10,
     1986; Public Law 101-647 [S. 3266], 104 Stat. 4789, approved November
    29, 1990; Public Law 103-272 [H.R. 1758], 108 Stat. 745, approved July
       5, 1994; Public Law 103-322 [H.R. 3355], 108 Stat. 1796, approved
       September 13, 1994; Public Law 104-132 [S. 735], 110 Stat. 1214,
      approved April 24, 1996; Public Law 104-294 [H.R. 3723], 110 Stat.
     3488, approved October 11, 1996; and Public Law 105-314 [H.R. 3494],
                   112 Stat. 2974, approved October 30, 1998

    Sec. 112.\1\, \2\ Protection of foreign officials, official
                        guests, and internationally protected persons

        (a) Whoever assaults, strikes, wounds, imprisons, or offers
    violence to a foreign official, official guest, or
    internationally protected person or makes any other violent
    attack upon the person or liberty of such person, or, if likely
    to endanger his person or liberty, makes a violent attack upon
    his official premises, private accommodation, or means of
    transport or attempts to commit any of the foregoing shall be
    fined under this title \3\ or imprisoned not more than three
    years, or both. Whoever in the commission of any such act uses
    a deadly or dangerous weapon, or inflicts bodily injury \4\
    shall be fined under this title \5\ or imprisoned not more than
    ten years, or both.
    ---------------------------------------------------------------------------
        \1\ The Act for the Protection of Foreign Officials and Official
    Guests of the United States (Public Law 92-539) enacted secs. 112 (86
    Stat. 1072), 970 (86 Stat. 1073), 1116 (86 Stat. 1071), 1117 (86 Stat.
    1071), and 1201 (86 Stat. 1072) of title 18, U.S. Code. Sec. 2 of that
    Act provided the following:
        ``Sec. 2. The Congress recognizes that from the beginning of our
    history as a nation, the police power to investigate, prosecute, and
    punish common crimes such as murder, kidnapping, and assault has
    resided in the several States, and that such power should remain with
    the States.
        ``The Congress finds, however, that harassment, intimidation,
    obstruction, coercion, and acts of violence committed against foreign
    officials or their family members in the United States or against
    official guests of the United States adversely affect the foreign
    relations of the United States.
        ``Accordingly, this legislation is intended to afford the United
    States jurisdiction concurrent with that of the several States to
    proceed against those who by such acts interfere with its conduct of
    foreign affairs.''.
        \2\ Sec. 5 of Public Law 94-467 amended and restated sec. 112.
        \3\ Sec. 320101(b)(1) of Public Law 103-322 (108 Stat. 2108) struck
    out ``not more than $5,000'' and inserted in lieu thereof ``under this
    title''. Sec. 330016(1)(K) of the same Act made the same amendment.
    Sec. 604(b)(12)(A) of Public Law 104-294 (110 Stat. 3507) subsequently
    struck out sec. 320101(b)(1) of Public Law 103-322, but left the
    amendment intact due to language of sec. 330016(1)(K) of that Act.
        \4\ Sec. 320101(b)(2) of Public Law 103-322 (108 Stat. 2108)
    inserted ``, or inflicts bodily injury''.
        \5\ Sec. 320101(b)(3) of Public Law 103-322 (108 Stat. 2108) struck
    out ``not more than $10,000'' and inserted in lieu thereof ``under this
    title''.
    ---------------------------------------------------------------------------
        (b) Whoever willfully--
              (1) intimidates, coerces, threatens, or harasses a
            foreign official or an official guest or obstructs a
            foreign official in the performance of his duties;
              (2) attempts to intimidate, coerce, threaten, or
            harass a foreign official or an official guest or
            obstruct a foreign official in the performance of his
            duties; or
              (3) within the United States but outside the District
            of Columbia and within one hundred feet of any building
            or premises in whole or in part owned, used, or
            occupied for official business or for diplomatic,
            consular, or residential purposes by--
                      (A) a foreign government, including such use
                    as a mission to an international organization;
                      (B) an international organization;
                      (C) a foreign official; or
                      (D) an official guest;
            congregates with two or more other persons with intent
            to violate any other provision of this section;
    shall be fined under this title \6\ or imprisoned not more than
    six months, or both.
    ---------------------------------------------------------------------------
        \6\ Sec. 330016(1)(G) of Public Law 103-322 (108 Stat. 2147) struck
    out ``not more than $500'' and inserted in lieu thereof ``under this
    title''.
    ---------------------------------------------------------------------------
        (c) For the purpose of this section ``foreign government'',
    ``foreign official'', ``internationally protected person'',
    ``international organization'', ``national of the United
    States'',\7\ and ``official guest'' shall have the same
    meanings as those provided in section 1116(b) of this title.
    ---------------------------------------------------------------------------
        \7\ Sec. 721(d)(1) of Public Law 104-132 (110 Stat. 1298) inserted
    `` `national of the United States,' '' before ``and''.
    ---------------------------------------------------------------------------
        (d) Nothing contained in this section shall be construed or
    applied so as to abridge the exercise of rights guaranteed
    under the first amendment to the Constitution of the United
    States.
        (e) If the victim of an offense under subsection (a) is an
    internationally protected person outside the United States, the
    United States may exercise jurisdiction over the offense if (1)
    the victim is a representative, officer, employee, or agent of
    the United States, (2) an offender is a national of the United
    States, or (3) an offender is afterwards found in the United
    States.\8\ As used in this subsection, the United States
    includes all areas under the jurisdiction of the United States
    including any of the places within the provisions of sections 5
    and 7 of this title and section 46501(2) of title 49.\9\
    ---------------------------------------------------------------------------
        \8\ Sec. 721(d)(2) of Public Law 104-132 (110 Stat. 1298) struck
    out ``If the victim of an offense under subsection (a) is an
    internationally protected person, the United States may exercise
    jurisdiction over the offense if the alleged offender is present within
    the United States, irrespective of the place where the offense was
    committed or the nationality of the victim or the alleged offender.'',
    and inserted in lieu thereof ``If the victim of an offense under
    subsection (a) is an internationally protected person outside the
    United States, the United States may exercise jurisdiction over the
    offense if (1) the victim is a representative, officer, employee, or
    agent of the United States, (2) an offender is a national of the United
    States, or (3) an offender is afterwards found in the United States.''.
        \9\ Sec. 5(e)(2) of Public Law 103-272 (108 Stat. 1373) struck out
    ``section 101(38) of the Federal Aviation Act of 1958, as amended (49
    U.S.C. 1301(38)).'' and inserted in lieu thereof ``section 46501(2) of
    title 49.''.
    ---------------------------------------------------------------------------
        (f) In the course of enforcement of subsection (a) and any
    other sections prohibiting a conspiracy or attempt to violate
    subsection (a), the Attorney General may request assistance
    from any Federal, State, or local agency, including the Army,
    Navy, and Air Force, any statute, rule, or regulation to the
    contrary, notwithstanding.
              * * * * * * *

    Sec. 878.\10\ Threats and extortion against foreign officials, official
                        guests, or internationally protected persons

        (a) Whoever knowingly and willfully threatens to violate
    section 112, 1116, or 1201 \11\ shall be fined under this title
    \12\ or imprisoned not more than five years, or both, except
    that imprisonment for a threatened assault shall not exceed
    three years.
    ---------------------------------------------------------------------------
        \10\ Sec. 8 of Public Law 94-467 (90 Stat. 1997) added sec. 878.
        \11\ Sec. 705(a)(4) of Public Law 104-132 (110 Stat. 1295) struck
    out ``by killing, kidnapping, or assaulting a foreign official,
    official guest, or internationally protected person'' after ``, or
    1201''.
        \12\ Sec. 330016(1)(K) of Public Law 103-322 (108 Stat. 2147)
    struck out ``not more than $5,000'' and inserted in lieu thereof
    ``under this title''.
    ---------------------------------------------------------------------------
        (b) Whoever in connection with any violation of subsection
    (a) or actual violation of section 112, 1116, or 1201 makes any
    extortionate demand shall be fined under this title \13\ or
    imprisoned not more than twenty years, or both.
    ---------------------------------------------------------------------------
        \13\ Sec. 330016(1)(N) of Public Law 103-322 (108 Stat. 2148)
    struck out ``not more than $20,000'' and inserted in lieu thereof
    ``under this title''.
    ---------------------------------------------------------------------------
        (c) For the purpose of this section ``foreign official'',
    ``internationally protected person'', ``national of the United
    States'',\14\ and ``official guest'' shall have the same
    meanings as those provided in section 1116(a) of this title.
    ---------------------------------------------------------------------------
        \14\ Sec. 721(e)(1) of Public Law 104-132 (110 Stat. 1299) inserted
    `` `national of the United States,' '' before ``and''.
    ---------------------------------------------------------------------------
        (d) If the victim of an offense under subsection (a) is an
    internationally protected person outside the United States, the
    United States may exercise jurisdiction over the offense if (1)
    the victim is a representative, officer, employee, or agent of
    the United States, (2) an offender is a national of the United
    States, or (3) an offender is afterwards found in the United
    States.\15\ As used in this subsection, the United States
    includes all areas under the jurisdiction of the United States
    including any of the places within the provisions of section 5
    and 7 of this title and section 46501(2) of title 49.\16\
    ---------------------------------------------------------------------------
        \15\ Sec. 721(e)(2) of Public Law 104-132 (110 Stat. 1299) struck
    out ``If the victim of an offense under subsection (a) is an
    internationally protected person, the United States may exercise
    jurisdiction over the offense if the alleged offender is present within
    the United States, irrespective of the place where the offense was
    committed or the nationality of the victim or the alleged offender.'',
    and inserted in lieu thereof ``If the victim of an offense under
    subsection (a) is an internationally protected person outside the
    United States, the United States may exercise jurisdiction over the
    offense if (1) the victim is a representative, officer, employee, or
    agent of the United States, (2) an offender is a national of the United
    States, or (3) an offender is afterwards found in the United States.''.
        \16\ Sec. 5(e)(2) of Public Law 103-272 (108 Stat. 1373) struck out
    ``section 101(38) of the Federal Aviation Act of 1958, as amended (49
    U.S.C. 1301(38)).'' and inserted in lieu thereof ``section 46501(2) of
    title 49.''.
    ---------------------------------------------------------------------------
              * * * * * * *

    Sec. 970.\1\ Protection of property occupied by foreign governments

        (a) Whoever willfully injures, damages, or destroys, or
    attempts to injure, damage, or destroy, any property, real or
    personal, located within the United States and belonging to or
    utilized or occupied by any foreign government or international
    organization, by a foreign official or official guest, shall be
    fined under this title,\17\ or imprisoned not more than five
    years, or both.
    ---------------------------------------------------------------------------
        \17\ Sec. 330016(1)(L) of Public Law 103-322 (108 Stat. 2147)
    struck out ``not more than $10,000'' and inserted in lieu thereof
    ``under this title''.
    ---------------------------------------------------------------------------
        (b) \18\ Whoever, willfully with intent to intimidate,
    coerce, threaten, or harass--
    ---------------------------------------------------------------------------
        \18\ Sec. 7 of Public Law 94-467 added a new subsec. (b), amended
    and restated the old subsec. (b), and redesignated it as subsec. (c).
    ---------------------------------------------------------------------------
              (1) forcibly thrusts any part of himself or any
            object within or upon that portion of any building or
            premises located within the United States, which
            portion is used or occupied for official business or
            for diplomatic, consular, or residential purposes by--
                      (A) a foreign government, including such use
                    as a mission to an international organization;
                      (B) an international organization;
                      (C) a foreign official; or
                      (D) an official guest; or
              (2) refuses to depart from such portion of such
            building or premises after a request--
                      (A) by an employee of a foreign government or
                    of an international organization, if such
                    employee is authorized to make such request by
                    the senior official of the unit of such
                    government or organization which occupies such
                    portion of such building or premises;
                      (B) by a foreign official or any member of
                    the foreign official's staff who is authorized
                    by the foreign official to make such request;
                      (C) by an official guest or any member of the
                    official guest's staff who is authorized by the
                    official guest to make such request; or
                      (D) by any person present having law
                    enforcement powers;
    shall be fined under this title \19\ or imprisoned not more
    than six months, or both.
    ---------------------------------------------------------------------------
        \19\ Sec. 601(a)(2) of Public Law 104-294 (110 Stat. 3498) struck
    out ``fined not more than $500'' and inserted in lieu thereof ``fined
    under this title''.
    ---------------------------------------------------------------------------
        (c) \18\ For the purpose of this section ``foreign
    government'', ``foreign official'', ``international
    organization'', and ``official guest'' shall have the same
    meanings as those provided in section 116(b) of this title.
              * * * * * * *

    Sec. 1116.\1\, \20\ Murder or manslaughter of foreign
                        officials, official guests, or internationally
                        protected persons

        (a) Whoever kills or attempts to kill a foreign official,
    official guest, or internationally protected person shall be
    punished as provided under sections 1111, 1112, and 1113 of
    this title.\21\
    ---------------------------------------------------------------------------
        \20\ Sec. 2 of Public Law 94-467 amended and restated sec. 1116.
        \21\ Sec. 60003(a)(5) of Public Law 103-322 (108 Stat. 1969) struck
    out ``any such person who if found guilty of murder in the first degree
    shall be sentenced to imprisonment for life, and'' from this point.
    Sec. 330006 of the same Act (108 Stat. 2142) struck out ``, and any
    such person who is found guilty of attempted murder shall be imprisoned
    for not more than twenty years'', effecting a repetitive deletion of
    the shared ``, and'' in the two passages. The subsection formerly read
    as follows:
        ``(a) Whoever kills or attempts to kill a foreign official,
    official guest, or internationally protected person shall be punished
    as provided under sections 1111, 1112, and 1113 of this title, except
    that any such person who if found guilty of murder in the first degree
    shall be sentenced to imprisonment for life, and any such person who is
    found guilty of attempted murder shall be imprisoned for not more than
    twenty years.''.
        Sec. 601(g)(2) of Public Law 104-294 (110 Stat. 3500) subsequently
    struck out ``, except that'' after ``of this title''.
    ---------------------------------------------------------------------------
        (b) For the purposes of this section:
              (1) ``Family'' includes (a) a spouse, parent, brother
            or sister, child, or person to whom the foreign
            official of internationally protected person stands in
            loco parentis, or (b) any other person living in his
            household and related to the foreign official or
            internationally protected person by blood or marriage.
              (2) ``Foreign government'' means the government of a
            foreign country, irrespective of recognition by the
            United States.
              (3) ``Foreign official'' means--
                      (A) a Chief of State or the political
                    equivalent, President, Vice President, Prime
                    Minister, Ambassador, Foreign Minister, or
                    other officer of Cabinet rank or above of a
                    foreign government or the chief executive
                    officer of an international organization, or
                    any person who has previously served in such
                    capacity, and any member of his family, while
                    in the United States; and
                      (B) any person of a foreign nationality who
                    is duly notified to the United States as an
                    officer or employee of a foreign government or
                    international organization, and who is in the
                    United States on official business, and any
                    member of his family whose presence in the
                    United States is in connection with the
                    presence of such officer or employee.
              (4) ``Internationally protected person'' means--
                      (A) a Chief of State or the political
                    equivalent, head of government, or Foreign
                    Minister whenever such person is in a country
                    other than his own and any member of his family
                    accompanying him; or
                      (B) any other representative, officer,
                    employee, or agent of the United States
                    Government, a foreign government, or
                    international organization who at the time and
                    place concerned is entitled pursuant to
                    international law to special protection against
                    attack upon his person, freedom, or dignity,
                    and any member of his family then forming part
                    of his household.
              (5) ``International organization'' means a public
            international organization designated as such pursuant
            to section 1 of the International Organizations
            Immunities Act (22 U.S.C. 288) or a public organization
            created pursuant to treaty or other agreement under
            international law as an instrument through or by which
            two or more foreign governments engage in some aspect
            of their conduct of international affairs.\22\
    ---------------------------------------------------------------------------
        \22\ Sec. 3 of Public Law 97-351 (96 Stat. 1666) added ``or a
    public organization created pursuant to treaty or other agreement under
    international law as an instrument through or by which two or more
    foreign governments engage in some aspect of their conduct of
    international affairs''.
    ---------------------------------------------------------------------------
              (6) ``Official guest'' means a citizen or national of
            a foreign country present in the United States as an
            official guest of the Government of the United States
            pursuant to designation as such by the Secretary of
            State.
              (7) \23\ ``National of the United States'' has the
            meaning prescribed in section 101(a)(22) of the
            Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
    ---------------------------------------------------------------------------
        \23\ Sec. 721(c)(1) of Public Law 104-132 (110 Stat. 1298) added
    para. (7). Sec. 101(a)(22) of the Immigration and Nationality Act
    defines the term as ``(A) a citizen of the United States, or (B) a
    person who, though not a citizen of the United States, owes permanent
    allegiance to the United States.''.
    ---------------------------------------------------------------------------
        (c) If the victim of an offense under subsection (a) is an
    internationally protected person outside the United States, the
    United States may exercise jurisdiction over the offense if (1)
    the victim is a representative, officer, employee, or agent of
    the United States, (2) an offender is a national of the United
    States, or (3) an offender is afterwards found in the United
    States.\24\ As used in this subsection, the United States
    includes all areas under the jurisdiction of the United States
    including any of the places within the provisions of sections 5
    and 7 of this title and section 46501(2) of title 49.\25\
    ---------------------------------------------------------------------------
        \24\ Sec. 721(b)(2) of Public Law 104-132 (110 Stat. 1298) struck
    out ``If the victim of an offense under subsection (a) is an
    internationally protected person, the United States may exercise
    jurisdiction over the offense if the alleged offender is present within
    the United States, irrespective of the place where the offense was
    committed or the nationality of the victim or the alleged offender.''
    and inserted in lieu thereof ``If the victim of an offense under
    subsection (a) is an internationally protected person outside the
    United States, the United States may exercise jurisdiction over the
    offense if (1) the victim is a representative, officer, employee, or
    agent of the United States, (2) an offender is a national of the United
    States, or (3) an offender is afterwards found in the United States.''.
        \25\ Sec. 5(e)(2) of Public Law 103-272 (108 Stat. 1373) struck out
    ``section 101(38) of the Federal Aviation Act of 1958, as amended (49
    U.S.C. 1301(38))'' and inserted in lieu thereof ``section 46501(2) of
    title 49''.
    ---------------------------------------------------------------------------
        (d) In the course of enforcement of this section and any
    other sections prohibiting a conspiracy or attempt to violate
    this section, the Attorney General may request assistance from
    any Federal, State, or local agency, including the Army, Navy,
    and Air Force, any statute, rule, or regulation to the contrary
    notwithstanding.

    Sec. 1117.\1\ Conspiracy to murder

        If two or more persons conspire to violate section 1111,
    1114, 1116, or 1119 \26\ of this title, and one or more of such
    persons do any overt act to effect the object of the
    conspiracy, each shall be punished by imprisonment for any term
    of years or for life.
    ---------------------------------------------------------------------------
        \26\ Sec. 60009(b)(1) of Public Law 103-322 (108 Stat. 1972) added
    reference to sec. 1119, which relates to foreign murder of U.S.
    nationals by U.S. nationals.
    ---------------------------------------------------------------------------
              * * * * * * *

    Sec. 1201.\1\ Kidnapping \27\

        (a) Whoever unlawfully seizes, confines, inveigles, decoys,
    kidnaps, abducts, or carries away and holds for ransom or
    reward or otherwise any person, except in the case of a minor
    by the parent thereof, when-- \28\
    ---------------------------------------------------------------------------
        \27\ Sec. 330021 of Public Law 103-322 (108 Stat. 2150) changed the
    spelling of ``kidnaping'' and ``kidnaped'' throughout title 18, U.S.
    Code.
        \28\ Sec. 36 of Public Law 99-646 (100 Stat. 3599) struck out
    ``when:'' and inserted in lieu thereof ``when--''.
    ---------------------------------------------------------------------------
              (1) the person is willfully transported in interstate
            or foreign commerce, regardless of whether the person
            was alive when transported across a State boundary, or
            the offender travels in interstate or foreign commerce
            or uses the mail or any means, facility, or
            instrumentality of interstate or foreign commerce in
            committing or in furtherance of the commission of the
            offense; \29\
    ---------------------------------------------------------------------------
        \29\ Sec. 702(a) of the Protection of Children from Sexual
    Predators Act of 1998 (Public Law 105-314; 112 Stat. 2987) inserted ``,
    regardless of whether the person was alive when transported across a
    State boundary if the person was alive when the transportation began''.
    Subsequently, sec. 213(1) of the Adam Walsh Child Protection and Safety
    Act of 2006 (Public Law 109-248; 120 Stat. 616) struck out ``if the
    person was alive when the transportation began'' and inserted in lieu
    thereof ``, or the offender travels in interstate or foreign commerce
    or uses the mail or any means, facility, or instrumentality of
    interstate or foreign commerce in committing or in furtherance of the
    commission of the offense''.
    ---------------------------------------------------------------------------
              (2) any such act against the persons is done within
            the special maritime and territorial jurisdiction of
            the United States;
              (3) any such act against the person is done within
            the special aircraft jurisdiction of the United States
            as defined in section 46501 of title 49; \30\
    ---------------------------------------------------------------------------
        \30\ Sec. 5(e)(8) of Public Law 103-272 (108 Stat. 1374) struck out
    ``section 101(38) of the Federal Aviation Act of 1958; or'' and
    inserted in lieu thereof ``section 46501 of title 49;''.
    ---------------------------------------------------------------------------
              (4) \31\ the person is a foreign official, an
            internationally protected person, or an official guest
            as those terms are defined in section 1116(b) of this
            title; or
    ---------------------------------------------------------------------------
        \31\ Sec. 4(a) of Public Law 94-467 amended and restated para. (4).
    ---------------------------------------------------------------------------
              (5) \32\ the person is among those officers and
            employees described \33\ in section 1114 of this title
            and any such act against the person is done while the
            person is engaged in, or on account of, the performance
            of official duties;
    ---------------------------------------------------------------------------
        \32\ Sec. 1007 of Public Law 98-473 (98 Stat. 2139) added para.
    (5). Sec. 36 of Public Law 99-646 (100 Stat. 3599) made technical
    corrections to the paragraph.
        \33\ Sec. 702(b) of the Protection of Children from Sexual
    Predators Act of 1998 (Public Law 105-314; 112 Stat. 2987) struck out
    ``designated'' and inserted in lieu thereof ``described''.
    ---------------------------------------------------------------------------
    shall be punished by imprisonment for any term of years or for
    life and, if the death of any person results, shall be punished
    by death or life imprisonment.\34\
    ---------------------------------------------------------------------------
        \34\ Sec. 600003(a)(6) of Public Law 103-322 (108 Stat. 1969)
    inserted ``and, if the death of any person results, shall be punished
    by death or life imprisonment'' after ``or for life''.
    ---------------------------------------------------------------------------
        (b) With respect to subsection (a)(1), above, the failure
    to release the victim within twenty-four hours after he shall
    have been unlawfully seized, confined, inveigled, decoyed,
    kidnapped,\27\ abducted, or carried away shall create a
    rebuttable presumption that such person has been transported in
    interstate \35\ or foreign commerce. Notwithstanding the
    preceding sentence, the fact that the presumption under this
    section has not yet taken effect does not preclude a Federal
    investigation of a possible violation of this section before
    the 24-hour period has ended.\36\
    ---------------------------------------------------------------------------
        \35\ Sec. 213(2) of the Adam Walsh Child Protection and Safety Act
    of 2006 (Public Law 109-248; 120 Stat. 617) purported to strike out
    ``to interstate'' in subsec. (b) and to insert in lieu thereof ``in
    interstate''. Subsec. (b), however, already read ``in interstate'' at
    the time of this amendment.
        \36\ Sec. 702(c) of the Protection of Children from Sexual
    Predators Act of 1998 (Public Law 105-314; 112 Stat. 2987) added this
    sentence.
    ---------------------------------------------------------------------------
        (c) If two or more persons conspire to violate this section
    and one or more of such persons do any overt act to effect the
    object of the conspiracy, each shall be punished by
    imprisonment for any term of years or for life.
        (d) \37\ Whoever attempts to violate subsection (a) \38\
    shall be punished by imprisonment for not more than twenty
    years.
    ---------------------------------------------------------------------------
        \37\ Sec. 4(b) of Public Law 94-467 added subsecs. (d), (e), and
    (f).
        \38\ Sec. 320903(b) of Public Law 103-322 (108 Stat. 2124) struck
    out ``Whoever attempts to violate subsection (a)(4) or (a)(5)'', and
    inserted in lieu thereof ``Whoever attempts to violate subsection
    (a)''.
    ---------------------------------------------------------------------------
        (e) \37\ If the victim of an offense under subsection (a)
    is an internationally protected person outside the United
    States, the United States may exercise jurisdiction over the
    offense if (1) the victim is a representative, officer,
    employee, or agent of the United States, (2) an offender is a
    national of the United States, or (3) an offender is afterwards
    found in the United States.\39\ As used in this subsection, the
    United States includes all areas under the jurisdiction of the
    United States including any of the places within the provisions
    of section 5 and 7 of this title and section 46501(2) of title
    49.\40\ For purposes of this subsection, the term ``national of
    the United States'' has the meaning prescribed in section
    101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
    1101(a)(22)).\41\
    ---------------------------------------------------------------------------
        \39\ Sec. 721(f)(1) of Public Law 104-132 (110 Stat. 1299) struck
    out ``If the victim of an offense under subsection (a) is an
    internationally protected person, the United States may exercise
    jurisdiction over the offense if the alleged offender is present within
    the United States irrespective of the place where the offense was
    committed or the nationality of the victim or the alleged offender.''
    and inserted in lieu thereof ``If the victim of an offense under
    subsection (a) is an internationally protected person outside the
    United States, the United States may exercise jurisdiction over the
    offense if (1) the victim is a representative, officer, employee, or
    agent of the United States, (2) an offender is a national of the United
    States, or (3) an offender is afterwards found in the United States.''.
        \40\ Sec. 5(e)(2) of Public Law 103-272 (108 Stat. 1373) struck out
    ``section 101(38) of the Federal Aviation Act of 1958, as amended (49
    U.S.C. 1301(34)).'' and inserted in lieu thereof ``section 46501(2) of
    title 49.''.
        \41\ Sec. 721(f)(2) of Public Law 104-132 (110 Stat. 1299) added
    the last sentence. See footnote 23 for definition.
    ---------------------------------------------------------------------------
        (f) \36\ In the course of enforcement of subsection (a)(4)
    and any other sections prohibiting a conspiracy or attempt to
    violate subsection (a)(4), the Attorney General may request
    assistance from any Federal, State, or local agency, including
    the Army, Navy, and Air Force, any statute, rule, or regulation
    to the contrary notwithstanding.''.
        (g) * * *
        (h) * * *
                             h. U.S. Secret Service

       (1) Protection of Foreign Diplomatic Missions by the U.S. Secret
                                    Service

        18 U.S.C. 3056A (added by the Secret Service Authorization and
    Technical Modification Act of 2005; title VI of Public Law 109-177; 120
              Stat. 251; 18 U.S.C. 1 note), approved March 9, 2006

    Sec. 3056A.\1\ Powers, authorities, and duties of United States Secret
                        Service Uniformed Division
    ---------------------------------------------------------------------------

        \1\ Sec. 605(a) of the Secret Service Authorization and Technical
    Modification Act of 2005 (title VI of Public Law 109-177; 120 Stat.
    253) added this section. This section replaces the provisions of, among
    others, former secs. 202 and 208 of 3 U.S.C., which also concerned
    protection of foreign diplomatic missions by the U.S. Secret Service
    and reimbursement of state and local governments for their expenses in
    connection with such protection activities. Sec. 605(c) of Public Law
    109-177 repealed chapter 3 of 3 U.S.C., which included former secs. 202
    and 208.
        Sec. 606(b) of Public Law 109-177 (120 Stat. 256; 18 U.S.C. 3056A
    note) provides the following:
        ``(b) This title does not affect any Executive order transferring
    to the Secretary of State the authority of section 208 of title 3 (now
    section 3056A(d) of title 18) in effect on the day before the effective
    date of this Act.''.
    ---------------------------------------------------------------------------
        (a) There is hereby created and established a permanent
    police force, to be known as the ``United States Secret Service
    Uniformed Division''. Subject to the supervision of the
    Secretary of Homeland Security, the United States Secret
    Service Uniformed Division shall perform such duties as the
    Director, United States Secret Service, may prescribe in
    connection with the protection of the following:
              (1)-(4) * * *
              (5) Foreign diplomatic missions located in the
            metropolitan area of the District of Columbia.
              (6) * * *
              (7) \2\ Foreign diplomatic missions located in
            metropolitan areas (other than the District of
            Columbia) in the United States where there are located
            twenty or more such missions headed by full-time
            officers, except that such protection shall be provided
            only--
    ---------------------------------------------------------------------------
        \2\ Sec. 135(b)(5) of Public Law 102-138 provided the following:
        ``Protective services provided by a State or local government at
    any time during the period beginning on January 1, 1989, and ending on
    September 30, 1991, which were performed in connection with visits
    described in section 202(8) of title 3, United States Code, as amended
    by this subsection [visits now covered by sec. 3056A(a)(7) of 18
    U.S.C.], shall be deemed to be reimbursement obligations entered into
    pursuant to section 208(a) of that title as if the amendment made by
    paragraph (1) of this subsection (amending this section) was in effect
    during that period and the services had been requested by the Secretary
    of State.''.
    ---------------------------------------------------------------------------
                      (A) on the basis of extraordinary protective
                    need;
                      (B) upon request of an affected metropolitan
                    area; and
                      (C) when the extraordinary protective need
                    arises at or in association with a visit to--
                              (i) a permanent mission to, or an
                            observer mission invited to participate
                            in the work of, an international
                            organization of which the United States
                            is a member; or
                              (ii) an international organization of
                            which the United States is a member;
                    except that such protection may also be
                    provided for motorcades and at other places
                    associated with any such visit and may be
                    extended at places of temporary domicile in
                    connection with any such visit.
              (8) Foreign consular and diplomatic missions located
            in such areas in the United States, its territories and
            possessions, as the President, on a case-by-case basis,
            may direct.
              (9) Visits of foreign government officials to
            metropolitan areas (other than the District of
            Columbia) where there are located twenty or more
            consular or diplomatic missions staffed by accredited
            personnel, including protection for motorcades and at
            other places associated with such visits when such
            officials are in the United States to conduct official
            business with the United States Government.
              (10)-(12) * * *
              (13) Visiting heads of foreign states or foreign
            governments.
        (b)(1) * * *
        (2) Members of the United States Secret Service Uniformed
    Division shall possess privileges and powers similar to those
    of the members of the Metropolitan Police of the District of
    Columbia.
        (c) * * *
        (d) In carrying out the functions pursuant to paragraphs
    (7) and (9) of subsection (a), the Secretary of Homeland
    Security may utilize, with their consent, on a reimbursable
    basis, the services, personnel, equipment, and facilities of
    State and local governments, and is authorized to reimburse
    such State and local governments for the utilization of such
    services, personnel, equipment, and facilities. The Secretary
    of Homeland Security may carry out the functions pursuant to
    paragraphs (7) and (9) of subsection (a) by contract. The
    authority of this subsection may be transferred by the
    President to the Secretary of State. In carrying out any duty
    under paragraphs (7) and (9) of subsection (a), the Secretary
    of State is authorized to utilize any authority available to
    the Secretary under title II of the State Department Basic
    Authorities Act of 1956.
          (2) Transfer of Authority to the Secretary of State To Make
      Reimbursements for Protection of Foreign Missions to International
                                 Organizations

               Executive Order 12478, May 23, 1984, 49 F.R. 22053

        By authority vested in me as President by the Constitution
    and statutes of the United States of America, and in accordance
    with the provisions of the Act of December 31, 1975, Public Law
    94-196 (89 Stat. 1109), codified as sections 202(7) and 208(a)
    of Title 3, United States Code, as amended, it is hereby
    ordered as follows:
        Section 1. There is transferred to the Secretary of State
    authority to determine the need for and to approve terms and
    conditions of the provision of reimbursable extraordinary
    protective activities for foreign diplomatic missions pursuant
    to section 202(7), and the authority to make reimbursements to
    State and local governments for services, personnel, equipment,
    and facilities pursuant to section 208(a) of Title 3, United
    States Code; \1\
    ---------------------------------------------------------------------------
        \1\ Sec. 605(a) of the Secret Service Authorization and Technical
    Modification Act of 2005 (title VI of Public Law 109-177; 120 Stat.
    253) added 18 U.S.C. 3056A, which replaced former secs. 202 and 208 of
    3 U.S.C.
        Sec. 606(b) of that Act (120 Stat. 256; 18 U.S.C. 3056A note)
    provides the following:
        ``(b) This title does not affect any Executive order transferring
    to the Secretary of State the authority of section 208 of title 3 (now
    section 3056A(d) of title 18) in effect on the day before the effective
    date of this Act.''.
    ---------------------------------------------------------------------------
        Sec. 2. There are transferred to the Secretary of State
    such unexpended moneys as may have been appropriated to the
    Department of the Treasury for the purpose of permitting
    reimbursements to be made under the provisions of section
    208(a) of Title 3, United States Code;
        Sec. 3. The authority transferred pursuant to this Order
    shall be exercised in coordination with protective security
    programs administered by the Secretary of State under the
    Foreign Missions Act of 1982; authority available under that
    Act may also be applied to any foreign mission to which section
    202(7) applies; and
        Sec. 4. This Order shall be effective on October 1, 1984.
                        i. Foreign Sovereign Immunities

      Partial text of title 28, U.S. Code, as added by Public Law 94-583
     [H.R. 11315], 90 Stat. 2891, approved October 21, 1976; as amended by
    Public Law 100-640 [Foreign Sovereign Immunities Act, Amendments; H.R.
     1149], 102 Stat. 3333, approved November 9, 1988; Public Law 100-669
       [Implementation of the Inter-American Convention on International
    Commercial Arbitration Act; S. 2204], 102 Stat. 3969, approved November
       16, 1988; Public Law 100-702 [Judicial Improvements and Access to
     Justice Act; H.R. 4807], 102 Stat. 4642, approved November 19, 1988;
    Public Law 104-114 [Cuban Liberty and Democratic Solidarity (LIBERTAD)
    Act of 1996; H.R. 927], 110 Stat. 785, approved March 12, 1996; Public
    Law 104-132 [Antiterrorism and Effective Death Penalty Act of 1996; S.
    735], 110 Stat. 1214, approved April 24, 1996; Public Law 105-11 [H.R.
       1225], 111 Stat. 22, approved April 25, 1997; Public Law 106-386
       [Victims of Trafficking and Violence Protection Act of 2000; H.R.
      3244], 114 Stat. 1464, approved October 28, 2000; Public Law 107-77
       [Departments of Commerce, Justice, and State, the Judiciary, and
     Related Agencies Appropriations Act, 2002; H.R. 2500], 115 Stat. 748,
      approved November 28, 2001; and Public Law 107-297 [Terrorism Risk
     Insurance Act of 2002; H.R. 3210], 116 Stat. 2322, approved November
                                    26, 2002

    Sec. 1330. Actions against foreign states

        (a) The district courts shall have original jurisdiction
    without regard to amount in controversy of any nonjury civil
    action against a foreign state as defined in section 1603(a) of
    this title as to any claim for relief in personae with respect
    to which the foreign state is not entitled to immunity either
    under sections 1605-1607 of this title or under any applicable
    international agreement.
        (b) Personal jurisdiction over a foreign state shall exist
    as to every claim for relief over which the district courts
    have jurisdiction under subsection (a) where service has been
    made under section 1608 of this title.
        (c) For purposes of subsection (b), an appearance by a
    foreign state does not confer personal jurisdiction with
    respect to any claim for relief not arising out of any
    transaction or occurrence enumerated in sections 1605-1607 of
    this title.
              * * * * * * *

            Chapter 97.--JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

    Sec.
    1602. Findings and declaration of purpose.
    1603. Definitions.
    1604. Immunity of a foreign state from jurisdiction.
    1605. General exceptions to the jurisdictional immunity of a foreign
              state.
    1606. Extent of liability.
    1607. Counterclaims.
    1608. Service; time to answer default.
    1609. Immunity from attachment and execution of property of a foreign
              state.
    1610. Exceptions to the immunity from attachment or execution.
    1611. Certain types of property immune from execution.

    Sec. 1602. Findings and declaration of purpose

        The Congress finds that the determination by United States
    courts of the claims of foreign states to immunity from the
    jurisdiction of such courts would serve the interests of
    justice and would protect the rights of both foreign states and
    litigants in United States courts. Under international law,
    states are not immune from the jurisdiction of foreign courts
    insofar as their commercial activities are concerned, and their
    commercial property may be levied upon for the satisfaction of
    judgments rendered against them in connection with their
    commercial activities. Claims of foreign states to immunity
    should henceforth be decided by courts of the United States and
    of the States in conformity with the principles set forth in
    this chapter.

    Sec. 1603. Definitions

        For purposes of this chapter--
              (a) A ``foreign state'', except as used in section
            1608 of this title, includes a political subdivision of
            a foreign state or an agency or instrumentality of a
            foreign state as defined in subsection (b).
              (b) An ``agency or instrumentality of a foreign
            state'' means any entity--
                      (1) which is a separate legal person,
                    corporate or otherwise, and
                      (2) which is an organ of a foreign state or
                    political subdivision thereof, or a majority of
                    whose shares or other ownership interest is
                    owned by a foreign state or political
                    subdivision thereof, and
                      (3) which is neither a citizen of a State of
                    the United States as defined in section 1332
                    (c) and (e) \1\ of this title, nor created
                    under the laws of any third country.
    ---------------------------------------------------------------------------
        \1\ Sec. 4(b)(2) of the Class Action Fairness Act of 2005 (Public
    Law 109-2; 119 Stat. 12) struck out ``(d)'' and inserted in lieu
    thereof ``(e)''.
    ---------------------------------------------------------------------------
              (c) The ``United States'' includes all territory and
            waters, continental or insular, subject to the
            jurisdiction of the United States.
              (d) A ``commercial activity'' means either a regular
            course of commercial conduct or a particular commercial
            transaction or act. The commercial character of an
            activity shall be determined by reference to the nature
            of the course of conduct or particular transaction or
            act, rather than by reference to its purpose.
              (e) A ``commercial activity carried on in the United
            States by a foreign state'' means commercial activity
            carried on by such state and having substantial contact
            with the United States.

    Sec. 1604. Immunity of a foreign state from jurisdiction

        Subject to existing international agreements to which the
    United States is a party at the time of enactment of this Act a
    foreign state shall be immune from the jurisdiction of the
    courts of the United States and of the States except as
    provided in sections 1605 to 1607 of this chapter.

    Sec. 1605.\2\ General exceptions to the jurisdictional immunity of a
                        foreign state

        (a) A foreign state shall not be immune from the
    jurisdiction of courts of the United States or of the States in
    any case--
    ---------------------------------------------------------------------------
        \2\ Sec. 589 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1997 (sec. 101(c) of title I of
    Public Law 104-208; 110 Stat. 3009) provided the following:
    ---------------------------------------------------------------------------

    ``civil liability for acts of state sponsored terrorism
    ---------------------------------------------------------------------------

        ``Sec. 589. (a) an official, employee, or agent of a foreign state
    designated as a state sponsor of terrorism designated under section
    6(j) of the Export Administration Act of 1979 while acting within the
    scope of his or her office, employment, or agency shall be liable to a
    United States national or the national's legal representative for
    personal injury or death caused by acts of that official, employee, or
    agent for which the courts of the United States may maintain
    jurisdiction under section 1605(a)(7) of title 28, United States Code,
    for money damages which may include economic damages, solatium, pain,
    and suffering, and punitive damages if the acts were among those
    described in section 1605(a)(7).
        ``(b) Provisions related to statute of limitations and limitations
    on discovery that would apply to an action brought under 28 U.S.C.
    1605(f) and (g) shall also apply to actions brought under this section.
    No action shall be maintained under this action if an official,
    employee, or agent of the United States, while acting within the scope
    of his or her office, employment, or agency would not be liable for
    such acts if carried out within the United States.''.
    ---------------------------------------------------------------------------
              (1) in which the foreign state has waived its
            immunity either explicitly or by implication,
            notwithstanding any withdrawal of the waiver which the
            foreign state may purport to effect except in
            accordance with the terms of the waiver;
              (2) in which the action is based upon a commercial
            activity carried on in the United States by the foreign
            state; or upon an act performed in the United States in
            connection with a commercial activity of the foreign
            state elsewhere; or upon an act outside the territory
            of the United States in connection with a commercial
            activity of the foreign state elsewhere and that act
            causes a direct effect in the United States;
              (3) in which rights in property taken in violation of
            international law are in issue and the property or any
            property exchanged for such property is present in the
            United States in connection with a commercial activity
            carried on in the United States by the foreign state;
            or that property or any property exchanged for such
            property is owned or operated by an agency or
            instrumentality of the foreign state and that agency or
            instrumentality is engaged in a commercial activity in
            the United States;
              (4) in which rights in property in the United States
            acquired by succession or gift or rights in immovable
            property situated in the United States are in issue;
            \3\
    ---------------------------------------------------------------------------
        \3\ Sec. 2 of Public Law 100-669 (102 Stat. 3969) struck out ``or''
    at the end of para. (4), ended para. (5)(B) with ``; or'', and inserted
    a new para. (6).
    ---------------------------------------------------------------------------
              (5) not otherwise encompassed in paragraph (2) above,
            in which money damages are sought against a foreign
            state for personal injury or death, or damage to or
            loss of property, occurring in the United States and
            caused by the tortious act or omission of that foreign
            state or of any official or employee of that foreign
            state while acting within the scope of his office or
            employment; except this paragraph shall not apply to--
                      (A) any claim based upon the exercise on
                    performance or the failure to exercise or
                    perform a discretionary function regardless of
                    whether the discretion be abused, or
                      (B) any claim arising out of malicious
                    prosecution, abuse of process, libel, slander,
                    misrepresentation, deceit, or interference with
                    contract rights; \3\, \4\
    ---------------------------------------------------------------------------
        \4\ Sec. 221(a)(1)(A) of Public Law 104-132 (110 Stat. 1241) struck
    out ``or'' at the end of para. (5). Sec. 221(a)(1)(B) of that Act
    struck out a period at the end of para. (6) and inserted in lieu
    thereof ``; or''. Sec. 221(a)(1)(C) added a new para. (7).
    ---------------------------------------------------------------------------
              (6) \3\ in which the action is brought, either to
            enforce an agreement made by the foreign state \5\ with
            or for the benefit of a private party to submit to
            arbitration all or any difference which have arisen or
            which may arise between the parties with respect to a
            defined legal relationship, whether contractual or not,
            concerning a subject matter capable of settlement by
            arbitration under the laws of the United States, or to
            confirm an award made pursuant to such an agreement to
            arbitrate, if (A) the arbitration takes place or is
            intended to take place in the United States, (B) the
            agreement or award is or may be governed by a treaty or
            other international agreement in force for the United
            States calling for the recognition and enforcement of
            arbitral awards, (C) the underlying claim, save for the
            agreement to arbitrate, could have been brought in a
            United States court under this section or section 1607,
            or (D) paragraph (1) of this subsection is otherwise
            applicable; or \4\
    ---------------------------------------------------------------------------
        \5\ Sec. 325(b)(8) of Public Law 101-650 (104 Stat. 5121) struck
    out ``State'' and inserted in lieu thereof ``state''.
    ---------------------------------------------------------------------------
              (7) \4\ not otherwise covered by paragraph (2), in
            which money damages are sought against a foreign state
            for personal injury or death that was caused by an act
            of torture, extrajudicial killing, aircraft sabotage,
            hostage taking, or the provision of material support or
            resources (as defined in section 2339A of title 18) for
            such an act if such act or provision of material
            support is engaged in by an official, employee, or
            agent of such foreign state while acting within the
            scope of his or her office, employment, or agency,
            except that the court shall decline to hear a claim
            under this paragraph--
                      (A) if the foreign state was not designated
                    as a state sponsor of terrorism under section
                    6(j) of the Export Administration Act of 1979
                    (50 U.S.C. App. 2405(j)) or section 620A of the
                    Foreign Assistance Act of 1961 (22 U.S.C. 2371)
                    at the time the act occurred, unless later so
                    designated as a result of such act or the act
                    is related to Case Number 1:00CV03110(EGS) in
                    the United States District Court for the
                    District of Columbia; \6\ and
    ---------------------------------------------------------------------------
        \6\ Sec. 626(c) of the Departments of Commerce, Justice, and State,
    the Judiciary, and Related Agencies Appropriations Act, 2002 (Public
    Law 107-77; 115 Stat. 803) added ``or the act is related to Case Number
    1:00CV03110(ESG) in the United States District Court for the District
    of Columbia''. Sec. 208 of the Emergency Supplemental Act, 2002
    (division B of the Department of Defense and Emergency Supplemental
    Appropriations for Recovery from and Response to Terrorist Attacks on
    the United States Act, 2002; Public Law 107-117; 115 Stat. 2299)
    subsequently amended sec. 626(c) of Public Law 107-77 itself, by
    striking out ``1:00CV03110(ESG)'' and inserting in lieu thereof
    ``1:00CV03110(EGS)''.
    ---------------------------------------------------------------------------
                      (B) even if the foreign state is or was so
                    designated, if--
                              (i) the act occurred in the foreign
                            state against which the claim has been
                            brought and the claimant has not
                            afforded the foreign state a reasonable
                            opportunity to arbitrate the claim in
                            accordance with accepted international
                            rules of arbitration; or
                              (ii) neither the claimant nor the
                            victim was \7\ a national of the United
                            States (as that term is defined in
                            section 101(a)(22) of the Immigration
                            and Nationality Act) when the act upon
                            which the claim is based occurred.
    ---------------------------------------------------------------------------
        \7\ Public Law 105-11 (111 Stat. 22) struck out ``the claimant or
    victim was not'' and inserted in lieu thereof ``neither the claimant
    nor the victim was''.
    ---------------------------------------------------------------------------
        (b) A foreign state shall not be immune from the
    jurisdiction of the courts of the United States in any case in
    which a suit in admiralty is brought to enforce a maritime lien
    against a vessel or cargo of the foreign state, which maritime
    lien is based upon a commercial activity of the foreign state:
    Provided, That--
              (1) notice of the suit is given by delivery of a copy
            of the summons and of the complaint to the person, or
            his agent, having possession of the vessel or cargo
            against which the maritime lien is asserted; and if the
            vessel or cargo is arrested pursuant to process
            obtained on behalf of the party bringing the suit, the
            service of process of arrest shall be deemed to
            constitute valid delivery of such notice, but the party
            bringing the suit shall be liable for any damages
            sustained by the foreign state as a result of the
            arrest if the party bringing the suit had actual or
            constructive knowledge that the vessel or cargo of a
            foreign state was involved; and \8\
    ---------------------------------------------------------------------------
        \8\ Sec. 1(1) of Public Law 100-640 (102 Stat. 3333) inserted text
    to this point from the semicolon, and struck out the following: ``but
    such notice shall not be deemed to have been delivered, nor may it
    thereafter be delivered, if the vessel or cargo is arrested pursuant to
    process obtained on behalf of the party bringing the suit--unless the
    party was unaware that the vessel or cargo of a foreign state was
    involved, in which event the service of process of arrest shall be
    deemed to constitute valid delivery of such notice; and''.
    ---------------------------------------------------------------------------
              (2) notice to the foreign state of the commencement
            of suit as provided in section 1608 of this title is
            initiated within ten days either of the delivery of
            notice as provided in paragraph (1) of this subsection
            \9\ or, in the case of a party who was unaware that the
            vessel or cargo of a foreign state was involved, of the
            date such party determined the existence of the foreign
            state's interest.
    ---------------------------------------------------------------------------
        \9\ Sec. 1(2) of Public Law 100-640 (102 Stat. 3333) struck out
    ``subsection (b)(1) of this section'' and inserted in lieu thereof
    ``paragraph (1) of this subsection''.
    ---------------------------------------------------------------------------
        (c) \10\ Whenever notices is delivered under subsection
    (b)(1), the suit to enforce a maritime lien shall be thereafter
    proceed and shall be heard and determined according to the
    principles of law and rules of practice of suits in rem
    whenever it appears that, had the vessel been privately owned
    and possessed, a suit in rem might have been maintained. A
    decree against the foreign state may include costs of the suit
    and, if the decree is for a money judgment, interest as ordered
    by the court, except that the court may not award judgment
    against the foreign state in an amount greater than the value
    of the vessel or cargo upon which the maritime lien arose. Such
    value shall be determined as of the time notice is served under
    subsection (b)(1). Decrees shall be subject to appeal and
    revision as provided in other cases of admiralty and maritime
    jurisdiction. Nothing shall preclude the plaintiff in any
    proper case from seeking relief in personam in the same action
    brought to enforce a maritime lien as provided in this section.
    ---------------------------------------------------------------------------
        \10\ Sec. 1(3) of Public Law 100-640 struck out all that followed
    para. (2) in this section and inserted a new subsec. (c) and (d). The
    struck out text read as follows:
        ``Whenever notice is delivered under subsection (b)(1) of this
    section, the maritime lien shall thereafter be deemed to be an in
    personam claim against the foreign state which at that time owns the
    vessel or cargo involved: Provided, That a court may not award judgment
    against the foreign state in an amount greater than the value of the
    vessel or cargo upon which the maritime lien arose, such value to be
    determined as of the time notice is served under subsection (b)(1) of
    this section.''.
    ---------------------------------------------------------------------------
        (d) \10\ A foreign state shall not be immune from the
    jurisdiction of the courts of the United States in any action
    brought to foreclose a preferred mortgage, as defined in the
    Ship Mortgage Act, 1920 (46 U.S.C. 911 and following). Such
    action shall be brought, heard, and determined in accordance
    with the provisions of that Act and in accordance with the
    principles of law and rules of practice of suits in rem,
    whenever it appears that had the vessel been privately owned
    and possessed a suit in rem might have been maintained.
        (e) \11\ For purposes of paragraph (7) of subsection (a)--
    ---------------------------------------------------------------------------
        \11\ Sec. 221(a)(2) of Public Law 104-132 (110 Stat. 1241) added
    subsecs. (e) through (g).
    ---------------------------------------------------------------------------
              (1) the terms ``torture'' and ``extrajudicial
            killing'' have the meaning given those terms in section
            3 of the Torture Victim Protection Act of 1991;
              (2) the term ``hostage taking'' has the meaning given
            that term in Article 1 of the International Convention
            Against the Taking of Hostages; and
              (3) the term ``aircraft sabotage'' has the meaning
            given that term in Article 1 of the Convention for the
            Suppression of Unlawful Acts Against the Safety of
            Civil Aviation.
        (f) \11\ No action shall be maintained under subsection
    (a)(7) unless the action is commenced not later than 10 years
    after the date on which the cause of action arose. All
    principles of equitable tolling, including the period during
    which the foreign state was immune from suit, shall apply in
    calculating this limitation period.
        (g) \11\ Limitation on Discovery.--
              (1) In general.--(A) Subject to paragraph (2), if an
            action is filed that would otherwise be barred by
            section 1604, but for subsection (a)(7), the court,
            upon request of the Attorney General, shall stay any
            request, demand, or order for discovery on the United
            States that the Attorney General certifies would
            significantly interfere with a criminal investigation
            or prosecution, or a national security operation,
            related to the incident that gave rise to the cause of
            action, until such time as the Attorney General advises
            the court that such request, demand, or order will no
            longer so interfere.
              (B) A stay under this paragraph shall be in effect
            during the 12-month period beginning on the date on
            which the court issues the order to stay discovery. The
            court shall renew the order to stay discovery for
            additional 12-month periods upon motion by the United
            States if the Attorney General certifies that discovery
            would significantly interfere with a criminal
            investigation or prosecution, or a national security
            operation, related to the incident that gave rise to
            the cause of action.
              (2) Sunset.--(A) Subject to subparagraph (B), no stay
            shall be granted or continued in effect under paragraph
            (1) after the date that is 10 years after the date on
            which the incident that gave rise to the cause of
            action occurred.
              (B) After the period referred to in subparagraph (A),
            the court, upon request of the Attorney General, may
            stay any request, demand, or order for discovery on the
            United States that the court finds a substantial
            likelihood would--
                      (i) create a serious threat of death or
                    serious bodily injury to any person;
                      (ii) adversely affect the ability of the
                    United States to work in cooperation with
                    foreign and international law enforcement
                    agencies in investigating violations of United
                    States law; or
                      (iii) obstruct the criminal case related to
                    the incident that gave rise to the cause of
                    action or undermine the potential for a
                    conviction in such case.
              (3) Evaluation of evidence.--The court's evaluation
            of any request for a stay under this subsection filed
            by the Attorney General shall be conducted ex parte and
            in camera.
              (4) Bar on motions to dismiss.--A stay of discovery
            under this subsection shall constitute a bar to the
            granting of a motion to dismiss under rules 12(b)(6)
            and 56 of the Federal Rules of Civil Procedure.
              (5) Construction.--Nothing in this subsection shall
            prevent the United States from seeking protective
            orders or asserting privileges ordinarily available to
            the United States.

    Sec. 1606. Extent of liability

        As to any claim for relief with respect to which a foreign
    state is not entitled to immunity under section 1605 or 1607 of
    this chapter, the foreign state shall be liable in the same
    manner and to the same extent as a private individual under
    like circumstances; but a foreign state except for an agency or
    instrumentality thereof shall not be liable for punitive
    damages; \12\ if, however, in any case wherein death was
    caused, the law of the place where the action or omission
    occurred provides, or has been construed to provide, for
    damages only punitive in nature, the foreign state shall be
    liable for actual or compensatory damages measured by the
    pecuniary injuries resulting from such death which were
    incurred by the persons for whose benefit the action was
    brought.
    ---------------------------------------------------------------------------
        \12\ Sec. 117(b) of the Treasury Department Appropriations Act,
    1999 (sec. 101(h) of Public Law 105-277; 112 Stat. 2681-491) inserted
    ``, except any action under section 1605(a)(7) or 1610(f)'' after
    ``punitive damages''. Sec. 2002(f)(2) of Public Law 106-386 (114 Stat.
    1543), however, subsequently repealed sec. 117(b) of Public Law 105-
    277. Sec. 201(c)(3) of the Terrorism Risk Insurance Act of 2002 (Public
    Law 107-297; 116 Stat. 2337) redesignated sec. 2002(f)(2) of Public Law
    106-386 as sec. 2002(g)(2).
    ---------------------------------------------------------------------------

    Sec. 1607. Counterclaims

        In any action brought by a foreign state, or in which a
    foreign state intervenes, in a court of the United States or of
    a State, the foreign state shall not be accorded immunity with
    respect to any counterclaim--
              (a) for which a foreign state would not be entitled
            to immunity under section 1605 of this chapter had such
            claim been brought in a separate action against the
            foreign state; or
              (b) arising out of the transaction or occurrence that
            is the subject matter of the claim of the foreign
            state; or
              (c) to the extent that the counterclaim does not seek
            relief exceeding in amount or differing in kind from
            that sought by the foreign state.

    Sec. 1608. Service; time to answer; default

        (a) Service in the courts of the United States and of the
    States shall be made upon a foreign state or political
    subdivision of a foreign state:
              (1) by delivery of a copy of the summons and
            complaint in accordance with any special arrangement
            for service between the plaintiff and the foreign state
            or political subdivision; or
              (2) if no special arrangement exists, by delivery of
            a copy of the summons and complaint in accordance with
            an applicable international convention on service of
            judicial documents; or
              (3) if service cannot be made under paragraph (1) or
            (2), by sending a copy of the summons and complaint and
            a notice of suit, together with a translation of each
            into the official language of the foreign state, by any
            form of mail requiring a signed receipt, to be
            addressed and dispatched by the clerk of the court to
            the head of the ministry of foreign affairs of the
            foreign state concerned, or
              (4) if service cannot be made within 30 days under
            paragraph (3), by sending two copies of the summons and
            complaint and a notice of suit, together with a
            translation of each into the official language of the
            foreign state, by any form of mail requiring a signed
            receipt, to be addressed and dispatched by the clerk of
            the court to the Secretary of State in Washington,
            District of Columbia, to the attention of the Director
            of Special Consular Services--and the Secretary shall
            transmit one copy of the papers through diplomatic
            channels to the foreign state and shall send to the
            clerk of the court a certified copy of the diplomatic
            note indicating when the papers were transmitted.
    As used in this subsection, a ``notice of suit'' shall mean a
    notice addressed to a foreign state and in a form prescribed by
    the Secretary of Safety regulation.
        (b) Service in the courts of the United States and of the
    States shall be made upon an agency or instrumentality of a
    foreign state:
              (1) by delivery of a copy of the summons and
            complaint in accordance with any special arrangement
            for service between the plaintiff and the agency or
            instrumentality; or
              (2) if no special arrangement exists, by delivery of
            a copy of the summons and complaint either to an
            officer, a managing or general agent, or to any other
            agent authorized by appointment or by law to receive
            service or process in the United States; or in
            accordance with an applicable international convention
            or service on judicial document; or
              (3) if service cannot be made under paragraph (1) or
            (2), and if reasonably calculated to given actual
            notice, by delivery of a copy of the summons and
            complaint, together with a translation of each into the
            official language of the foreign state--
                      (A) as directed by an authority of the
                    foreign state or political subdivision in
                    response to a letter rogatory or request or
                      (B) by any form of mail requiring a signed
                    receipt, to be addressed and dispatched by the
                    clerk of the court to the agency or
                    instrumentality to be served, or
                      (C) as directed by order of the court
                    consistent with the law of the place where
                    service is to be made.
        (c) Service shall be deemed to have been made--
              (1) in the case of service under subsection (a)(4),
            as of the date of transmittal indicated in the
            certified copy of the diplomatic note; and
              (2) in any other case under this section, as of the
            date of receipt indicated in the certification, signed
            and returned postal receipt, or other proof of service
            applicable to the method of service employed.
        (d) In any action brought in a court of the United States
    or of a State, a foreign state, a political subdivision
    thereof, or an agency or instrumentality of a foreign state
    shall serve an answer or other responsive pleading to the
    complaint within sixty days after service has been made under
    this section.
        (e) No judgment by default shall be entered by a court of
    the United States or of a State against a foreign state, a
    political subdivision thereof, or an agency or instrumentality
    of a foreign state, unless the claimant establishes his claim
    or right to relief by evidence satisfactory to the court. A
    copy of any such default judgment shall be sent to the foreign
    state or political subdivision in the manner prescribed for
    service in this section

    Sec. 1609. Immunity from attachment and execution of property of a
                        foreign state

        Subject to existing international agreements to which the
    United States is a party at the time of enactment of this Act
    the property in the United States of a foreign state shall be
    immune from attachment arrest and execution except as provided
    in sections 1610 and 1611 of this chapter.

    Sec. 1610. Exceptions to the immunity from attachment or execution

        (a) The property in the United States of a foreign state,
    as defined in section 1603(a) of this chapter, used for a
    commercial activity in the United States, shall not be immune
    from attachment in aid of execution, or from execution, upon a
    judgment entered by a court of the United States or of a State
    after the effective date of this Act, if--
              (1) the foreign state has waived its immunity from
            attachment in aid of execution or from execution either
            explicitly or by implication, notwithstanding any
            withdrawal of the waiver the foreign state may purport
            to effect except in accordance with the terms of the
            waiver, or
              (2) the property is or was used for the commercial
            activity upon which the claim is based, or
              (3) the execution relates to a judgment establishing
            rights in property which has been taken in violation of
            international law or which has been exchanged for
            property taken in violation of international law, or
              (4) the execution relates to a judgment establishing
            rights in property--
                      (A) which is acquired by succession or gift,
                    or
                      (B) which is immovable and situated in the
                    United States: Provided, That such property is
                    not used for purposes of maintaining a
                    diplomatic or consular mission or the residence
                    of the Chief of such mission, or
              (5) the property consists of any contractual
            obligation or any proceeds from such a contractual
            obligation to indemnify or hold harmless the foreign
            state or its employees under a policy of automobile or
            other liability or casualty insurance covering the
            claim which merged into the judgment; or \13\
    ---------------------------------------------------------------------------
        \13\ Sec. 3 of Public Law 100-669 (102 Stat. 3969) inserted ``;
    or'' at the end of para. (5) and added a new para. (6).
    ---------------------------------------------------------------------------
              (6) \13\ the judgment is based on an order confirming
            an arbitral award rendered against the foreign
            state,\14\ provided that attachment in aid of
            execution, or execution, would not be inconsistent with
            any provision in the arbitral agreement, or \15\
    ---------------------------------------------------------------------------
        \14\ Sec. 325(b)(9)(A) of Public Law 101-650 (104 Stat. 5121)
    struck out ``State'' and inserted in lieu thereof ``state''.
        \15\ Sec. 221(b)(1) of Public Law 104-132 (110 Stat. 1242) struck
    out a period at the end of para. (6), inserted in lieu thereof ``,
    or'', and added a new para. (7).
    ---------------------------------------------------------------------------
              (7) \15\ the judgment relates to a claim for which
            the foreign state is not immune under section
            1605(a)(7), regardless of whether the property is or
            was involved with the act upon which the claim is
            based.
        (b) In addition to subsection (a), any property in the
    United States of an agency or instrumentality of a foreign
    state engaged in commercial activity in the United States shall
    not be immune from attachment in aid of execution, or from
    execution, upon a judgment entered by a court of the United
    States or of a State after the effective date of this Act, if--
              (1) the agency or instrumentality has waived its
            immunity from attachment in aid execution or from
            execution either explicitly or implicitly,
            notwithstanding any withdrawal of the waiver the agency
            or instrumentality may purport to effect except in
            accordance with the terms of the waiver, or
              (2) the judgment relates to a claim for which the
            agency or instrumentality is not immune by virtue of
            section 1605(a) (2), (3), (5), or (7) \16\ or 1605(b)
            of this chapter, regardless of whether the property is
            or was involved in the act \17\ upon which the claim is
            based.
    ---------------------------------------------------------------------------
        \16\ Sec. 221(b)(2)(A) of Public Law 104-132 (110 Stat. 1243)
    struck out ``or (5)'' and inserted in lieu thereof ``(5), or (7)''.
        \17\ Sec. 221(b)(2)(B) of Public Law 104-132 (110 Stat. 1243)
    struck out ``used for the activity'' and inserted in lieu thereof
    ``involved in the act''.
    ---------------------------------------------------------------------------
        (c) No attachment or execution referred to in subsections
    (a) and (b) of this section shall be permitted until the court
    has ordered such attachment and execution after having
    determined that a reasonable period of time has elapsed
    following the entry of judgment and the giving of any notice
    required under section 1608(e) of this chapter.
        (d) The property of a foreign state, as defined in section
    1603(a) of this chapter, used for a commercial activity in the
    United States, shall not be immune from attachment prior to the
    entry of judgment in any action brought in a court of the
    United States or of a State, or prior to the elapse of the
    period of time provided in subsection (c) of this section if--
              (1) the foreign state has explicitly waived its
            immunity from attachment prior to judgment,
            notwithstanding any withdrawal of the waiver the
            foreign state may purport to effect except in
            accordance with the terms of the waiver, and
              (2) the purpose of the attachment is to secure
            satisfaction of a judgment that has been or may
            ultimately be entered against the foreign state, and
            not to obtain jurisdiction.
        (e) \18\ The vessels of a foreign state \19\ shall not be
    immune from arrest in rem, interlocutory sale, and execution in
    actions brought to foreclose a preferred mortgage as provided
    in section 1605(d).
    ---------------------------------------------------------------------------
        \18\ Sec. 2 of Public Law 100-640 (102 Stat. 3333) added subsec.
    (e).
        \19\ Sec. 325(b)(9)(B) of Public Law 101-650 (104 Stat. 5121)
    struck out ``State'' and inserted in lieu thereof ``state''.
    ---------------------------------------------------------------------------
        (f) \20\ (1)(A) Notwithstanding any other provision of law,
    including but not limited to section 208(f) of the Foreign
    Missions Act (22 U.S.C. 4308(f)), and except as provided in
    subparagraph (B), any property with respect to which financial
    transactions are prohibited or regulated pursuant to section
    5(b) of the Trading with the Enemy Act (50 U.S.C. App. 5(b)),
    section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
    2370(a)), sections 202 and 203 of the International Emergency
    Economic Powers Act (50 U.S.C. 1701-1702), or any other
    proclamation, order, regulation, or license issued pursuant
    thereto, shall be subject to execution or attachment in aid of
    execution of any judgment relating to a claim for which a
    foreign state (including any agency or instrumentality or such
    state) claiming such property is not immune under section
    1605(a)(7).
    ---------------------------------------------------------------------------
        \20\ Sec. 117(a) of the Treasury Department Appropriations Act,
    1999 (sec. 101(h) of Public Law 105-277; 112 Stat. 2681-491) added
    subsec. (f). Sec. 117(d) of that Act (112 Stat. 2681-492) provided that
    ``The President may waive the requirements of this section in the
    interest of national security.'' Sec. 2002(f)(2) of Public Law 106-386
    (114 Stat. 1543) subsequently repealed sec. 117(d), and added similar
    language to this section as sec. 1610(f)(3).
    ---------------------------------------------------------------------------
        (B) Subparagraph (A) shall not apply if, at the time the
    property is expropriated or seized by the foreign state, the
    property has been held in title by a natural person or, if held
    in trust, has been held for the benefit of a natural person or
    persons.
        (2)(A) At the request of any party in whose favor a
    judgment has been issued with respect to a claim for which the
    foreign state is not immune under section 1605(a)(7), the
    Secretary of the Treasury and the Secretary of State should
    make every effort to \21\ fully, promptly, and effectively
    assist any judgment creditor or any court that has issued any
    such judgment in identifying, locating, and executing against
    the property of that foreign state or any agency or
    instrumentality of such state.
    ---------------------------------------------------------------------------
        \21\ Sec. 2002(f)(1)(A) of Public Law 106-386 (114 Stat. 1543)
    struck out ``shall'' and inserted in lieu thereof ``should make every
    effort to''. Sec. 201(c)(3) of Public Law 107-297 (116 Stat. 2337)
    redesignated sec. 2002(f)(1)(A) of Public Law 106-386 as sec.
    2002(g)(1)(A).
    ---------------------------------------------------------------------------
        (B) In providing such assistance, the Secretaries--
              (i) may provide such information to the court under
            seal; and
              (ii) should make every effort to \21\ provide the
            information in a manner sufficient to allow the court
            to direct the United States Marshall's office to
            promptly and effectively execute against that property.
        (3) \22\ Waiver.--The President may waive any provision of
    paragraph (1) in the interest of national security.
    ---------------------------------------------------------------------------
        \22\ Sec. 2002(f)(1)(B) of Public Law 106-386 (114 Stat. 1543)
    added para. (3).
    ---------------------------------------------------------------------------

    Sec. 1611. Certain types of property immune from execution

        (a) Notwithstanding the provisions of section 1610 of this
    chapter, the property of those organizations designated by the
    President as being entitled to enjoy the privileges,
    exemptions, and immunities provided by the International
    Organizations Immunities Act shall not be subject to attachment
    or any other judicial process impeding the disbursement of
    funds to, or on the order of, a foreign state as the result of
    an action brought in the courts of the United States or of the
    States.
        (b) Notwithstanding the provisions of section 1610 of this
    chapter, the property of a foreign state shall be immune from
    attachment and from the execution, if--
              (1) the property is that of a foreign central bank or
            monetary authority held for its own account, unless
            such bank or authority, or its parent foreign
            government, has explicitly waived its immunity from
            attachment in aid of execution, or from execution
            notwithstanding any withdrawal of the waiver which the
            bank, authority or government may purport to effect
            except in accordance with the terms of the waiver; or
              (2) the property is, or is intended to be, used in
            connection with a military activity and
                      (A) is of a military character, or
                      (B) is under the control of a military
                    authority or defense agency.
        (c) \23\ Notwithstanding the provisions of section 1610 of
    this chapter, the property of a foreign state shall be immune
    from attachment and from execution in an action brought under
    section 302 of the Cuban Liberty and Democratic Solidarity
    (LIBERTAD) Act of 1996 to the extent that the property is a
    facility or installation used by an accredited diplomatic
    mission for official purposes.
    ---------------------------------------------------------------------------
        \23\ Sec. 302(e) of Public Law 104-114 (110 Stat. 818) added
    subsec. (c).
                          j. Diplomatic Relations Act

     Partial text of Public Law 95-393 [H.R. 7819], 92 Stat. 808, approved
      September 30, 1978; as amended by Public Law 97-241 [Department of
    State Authorization Act, Fiscal Years 1982 and 1983; S. 1193], 96 Stat.
    273 at 290, approved August 24, 1982; and Public Law 98-164 [Department
    of State Authorization Act, Fiscal Years 1984 and 1985; H.R. 2915], 97
                 Stat. 1017 at 1042, approved November 22, 1983

      AN ACT To complement the Vienna Convention on Diplomatic Relations.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

                                  short title

        Section 1. This Act may be cited as the ``Diplomatic
    Relations Act''.

                                  definitions

        Sec. 2.\1\ As used in this Act--
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 254a.
    ---------------------------------------------------------------------------
              (1) the term ``members of a mission'' means--
                      (A) \2\ the head of a mission and those
                    members of a mission who are members of the
                    diplomatic staff or who, pursuant to law, are
                    granted equivalent privileges and immunities,
    ---------------------------------------------------------------------------
        \2\ Sec. 203(b)(1) of Public Law 97-241 (96 Stat. 290) amended and
    restated subpara. (A). It formerly read as follows:
        ``(A) the head of a mission and members of the diplomatic staff of
    a mission,''.
    ---------------------------------------------------------------------------
                      (B) members of the administrative and
                    technical staff of a mission, and
                      (C) members of the service staff of a
                    mission,
            as such terms are defined in Article 1 of the Vienna
            Convention;
              (2) the term ``family'' means--
                      (A) the members of the family of a member of
                    a mission described in paragraph (1)(A) who
                    form part of his or her household if they are
                    not nationals of the United States, and
                      (B) the members of the family of a member of
                    a mission described in paragraph (1)(B) who
                    form part of his or her household if they are
                    not nationals or permanent residents of the
                    United States.
            within the meaning of Article 37 of the Vienna
            Convention;
              (3) the term ``mission'' includes missions within the
            meaning of the Vienna convention and any missions
            representing foreign governments, individually or
            collectively, which are extended the same privileges
            and immunities, pursuant to law, as are enjoyed by
            missions under the Vienna Convention; and
              (4) the term ``Vienna Convention'' means the Vienna
            Convention on Diplomatic Relations of April 18, 1961
            (T.I.A.S. numbered 7502; 23 U.S.T. 3227), entered into
            force with respect to the United States on December 13,
            1972.

      establishment of the vienna convention as the united states law on
                      diplomatic privileges and immunities

        Sec. 3. (a) * * *
        (b) \3\ With respect to a nonparty to the Vienna
    Convention, the mission, the members of the mission, their
    families, and diplomatic couriers shall enjoy the privileges
    and immunities specified in the Vienna Convention.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 254b. Sec. 203(b)(2) of Public Law 97-241 (96 Stat.
    291) amended and restated subsec. (b). It formerly read as follows:
        ``(b) Members of the mission of a sending state which has not
    ratified the Vienna Convention, their families, and the diplomatic
    couriers of such state, shall enjoy the privileges and immunities
    specified in the Vienna Convention.''.
    ---------------------------------------------------------------------------

         authority to extend more favorable or less favorable treatment

        Sec. 4.\4\ The President may, on the basis of reciprocity
    and under such terms and conditions as he may determine,
    specify privileges and immunities for the mission, the \5\
    members of the mission, their families, and the diplomatic
    couriers \6\ which result in more favorable treatment or less
    favorable treatment than is provided under the Vienna
    Convention.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 254c. Executive Order 12101 (43 F.R. 54195; November
    17, 1978) designated the Secretary of State to perform the functions
    specified in sec. 4.
        \5\ Sec. 203(b)(3)(A) of Public Law 97-241 (96 Stat. 291) added
    ``the mission, the''.
        \6\ Sec. 203(b)(3)(B) of Public Law 97-241 (96 Stat. 291) struck
    out ``of any sending state'' at this point.
    ---------------------------------------------------------------------------

         dismissal of actions against individuals entitled to immunity

        Sec. 5.\7\ Any action or proceeding brought against an
    individual who is entitled to immunity with respect to such
    action or proceeding under the Vienna Convention on Diplomatic
    Relations, under section 3(b) or 4 of this Act, or under any
    other laws extending diplomatic privileges and immunities,
    shall be dismissed. Such immunity may be established upon
    motion or suggestion by or on behalf of the individual, or as
    otherwise permitted by law or applicable rules of procedure.
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 254d.
    ---------------------------------------------------------------------------

                      requirement for liability insurance

        Sec. 6.\8\ (a) Each mission, members of the mission and
    their families, and individuals described in section 19 of the
    Convention on Privileges and Immunities of the United Nations
    of February 13, 1946, shall comply with any requirement imposed
    by the regulations promulgated by the Director of the Office of
    Foreign Missions in the Department of State \9\ pursuant to
    subsection (b).
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 254c.
        \9\ Sec. 602(1) of the Department of State Authorization Act,
    Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1042) struck
    out ``President'' and inserted in lieu thereof ``Director of the Office
    of Foreign Missions in the Department of State''. Previously, Executive
    Order 12101 (43 F.R. 54195; November 17, 1978) had designated the
    Secretary of State to perform the functions specified in sec. 6.
    ---------------------------------------------------------------------------
        (b) The Director of the Office of Foreign Missions shall,
    by regulation, establish liability insurance requirements which
    can reasonably be expected to afford adequate compensation to
    victims and which are \10\ to be met by each mission, members
    of the mission and their families, and individuals described in
    section 19 of the Convention on Privileges and Immunities of
    the United Nations of February 13, 1946, relating to risks
    arising from the operation in the United States of any motor
    vehicle, vessel, or aircraft.
    ---------------------------------------------------------------------------
        \10\ Sec. 602(2) of Public Law 98-164 (97 Stat. 1042) struck out
    ``The President shall by regulation, establish liability insurance
    requirements'' and inserted in lieu thereof ``The Director of the
    Office of Foreign Missions shall, by regulation, establish liability
    insurance requirements which can reasonably be expected to afford
    adequate compensation to victims and which are''.
    ---------------------------------------------------------------------------
        (c) The Director of the Office of Foreign Missions \11\
    shall take such steps as he may deem necessary to insure that
    each mission, members of the mission and their families, and
    individuals described in section 19 of the Convention on
    Privileges and Immunities of the United Nations of February 13,
    1946, who operate motor vehicles, vessels, or aircraft in the
    United States comply with the requirements established pursuant
    to subsection (b).
    ---------------------------------------------------------------------------
        \11\ Sec. 602(3) of Public Law 98-164 (97 Stat. 1042) struck out
    ``President'' and inserted in lieu thereof ``Director of the Office of
    Foreign Missions''.
    ---------------------------------------------------------------------------
        Sec. 7. (a) That chapter 85 of title 28, United States
    Code, is amended by the addition of the following new section:

    ``Sec. 1364. Direct actions against insurers of members of diplomatic
                        missions and their families

        ``(a) The district courts shall have original and exclusive
    jurisdiction, without regard to the amount in controversy, of
    any civil action commenced by any person against an insurer who
    by contract has insured an individual, who is a member of a
    mission (within the meaning of section 2(3) of the Diplomatic
    Relations Act (22 U.S.C. 254a(3)) \12\) or a member of the
    family of such a member of a mission, or an individual
    described in section 19 of the Convention on Privileges and
    Immunities of the United Nations of February 13, 1946, against
    liability for personal injury, death, or damage to property.
    ---------------------------------------------------------------------------
        \12\ Sec. 203(b)(4) of Public Law 97-241 (96 Stat. 291) struck out
    ``as defined in the Vienna Convention on Diplomatic Relations'' and
    inserted in lieu thereof ``within the meaning of section 2(3) of the
    Diplomatic Relations Act (22 U.S.C. 254a(3))''. The amendment results
    in a double closing parenthesis mark after ``254a(3)''.
    ---------------------------------------------------------------------------
        ``(b) Any direct action brought against an insurer under
    subsection (a) shall be tried without a jury, but shall not be
    subject to the defense that the insured is immune from suit,
    that the insured is an indispensable party, or in the absence
    of fraud or collusion, that the insured has violated a term of
    the contract, unless the contract was cancelled before the
    claim arose.''
        (b) * * *
              * * * * * * *

                                 effective date

        Sec. 9. This Act shall take effect at the end of the
    ninety-day period beginning on the date of its enactment.
                           k. Diplomatic Reciprocity

       (1) Equivalency of Representation Between U.S. and Hostile Powers

     Partial text of Public Law 98-618 [Intelligence Authorization Act for
     Fiscal Year 1985, H.R. 5399], 98 Stat. 3298, approved November 8, 1984

          AN ACT To authorize appropriations for fiscal year 1985 for
     intelligence and intelligence-related activities of the United States
         Government, the Intelligence Community Staff, and the Central
      Intelligence Agency Retirement and Disability System, and for other
                                   purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Intelligence Authorization Act for
    Fiscal Year 1985''.
              * * * * * * *

           TITLE VI--COUNTERINTELLIGENCE AND OFFICIAL REPRESENTATION

              policy toward certain agents of foreign governments

        Sec. 601.\1\ (a) It is the sense of the Congress that the
    numbers, status, privileges and immunities, travel,
    accommodations, and facilities within the United States of
    official representatives to the United States of any foreign
    government that engages in intelligence activities within the
    United States harmful to the national security of the United
    States should not exceed the respective numbers, status,
    privileges and immunities, travel accommodations, and
    facilities within such country of official representatives of
    the United States to such country.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 254c-1.
    ---------------------------------------------------------------------------
        (b) Beginning one year after the date of enactment of this
    section, and at intervals of one year thereafter, the President
    shall prepare and transmit to the Committee on Foreign
    Relations and Select Committee on Intelligence of the Senate
    and the Committee on Foreign Affairs \2\ and Permanent Select
    Committee on Intelligence of the House of Representatives a
    report on the numbers, status, privileges and immunities,
    travel, accommodations, and facilities within the United States
    of official representatives to the United States of any foreign
    government that engages in intelligence activities within the
    United States harmful to the national security of the United
    States and the respective numbers, status, privileges and
    immunities, travel, accommodations, and facilities within such
    country of official representatives of the United States to
    such country, and action which may have been taken with respect
    thereto.
    ---------------------------------------------------------------------------
        \2\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
        (c) \3\ * * *
    ---------------------------------------------------------------------------
        \3\ Subsec. (c) amended sec. 203 of the State Department Basic
    Authorities Act of 1956; pursuant to subsec. (d), the amendments were
    effective for particular appointments made after enactment of the
    subsection (November 8, 1984).
    ---------------------------------------------------------------------------
        (d) \3\ * * *
              * * * * * * *
                (2) Soviet Employees on U.S. Diplomatic Premises

     Partial text of Public Law 99-93 [H.R. 2068], 99 Stat. 405, approved
                                August 16, 1985

     AN ACT To authorize appropriations for fiscal years 1986 and 1987 for
      the Department of State, the United States Information Agency, the
         Board for International Broadcasting, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
              * * * * * * *

    SEC. 136.\1\ SOVIET EMPLOYEES AT UNITED STATES DIPLOMATIC AND CONSULAR
                        MISSIONS IN THE SOVIET UNION.

        (a) Limitation.--To the maximum extent practicable,
    citizens of the Soviet Union shall not be employed as foreign
    national employees at United States diplomatic or consular
    missions in the Soviet Union after September 30, 1986.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 3943 note.
    ---------------------------------------------------------------------------
        (b) \2\ Report.--Should the President determine that the
    implementation of subsection (a) poses undue practical or
    administrative difficulties, he is requested to submit a report
    to the Congress describing the number and type of Soviet
    foreign national employees he wishes to retain at or in
    proximity to United States diplomatic and consular posts in the
    Soviet Union, the anticipated duration of their continued
    employment, the reasons for their continued employment, and the
    risks associated with the retention of these employees.
    ---------------------------------------------------------------------------
        \2\ On October 24, 1991, the President issued Determination No. 92-
    4 (56 F.R. 56567; November 6, 1991), wherein he stated:
        ``* * * I hereby determine that implementation of section 136(a) of
    the [Foreign Relations Authorization] Act [, Fiscal Years 1986 and
    1987], poses undue practical and administrative difficulties.
    Consistent with this determination, you [Secretary of State] are
    authorized to employ Soviet nationals in nonsensitive areas of the New
    Embassy Compound in Moscow under strict monitoring by cleared
    Americans. Further, I delegate to you the responsibility vested in me
    by section 136(b) of the Act, to report to the Congress on
    circumstances relevant to this determination. Such responsibility may
    be redelegated within the Department of State.''.
              13. Relating to International Agreements on Children

                      a. Intercountry Adoption Act of 2000

      Public Law 106-279 [H.R. 2909], 114 Stat. 825, approved October 6,
    2000; as amended by Public Law 107-228 [Foreign Relations Authorization
     Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
                                    30, 2002

    AN ACT To provide for implementation by the United States of the Hague
      Convention on Protection of Children and Co-operation in Respect of
                 Intercountry Adoption, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

    SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the
    ``Intercountry Adoption Act of 2000''.
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 14901 note.
    ---------------------------------------------------------------------------
        (b) Table of Contents.--The table of contents of this Act
    is as follows: * * *

    SEC. 2.\2\ FINDINGS AND PURPOSES.

        (a) Findings.--Congress recognizes--
    ---------------------------------------------------------------------------
        \2\ 42 U.S.C. 14901.
    ---------------------------------------------------------------------------
              (1) the international character of the Convention on
            Protection of Children and Co-operation in Respect of
            Intercountry Adoption (done at The Hague on May 29,
            1993); and
              (2) the need for uniform interpretation and
            implementation of the Convention in the United States
            and abroad,
    and therefore finds that enactment of a Federal law governing
    adoptions and prospective adoptions subject to the Convention
    involving United States residents is essential.
        (b) Purposes.--The purposes of this Act are--
              (1) to provide for implementation by the United
            States of the Convention;
              (2) to protect the rights of, and prevent abuses
            against, children, birth families, and adoptive parents
            involved in adoptions (or prospective adoptions)
            subject to the Convention, and to ensure that such
            adoptions are in the children's best interests; and
              (3) to improve the ability of the Federal Government
            to assist United States citizens seeking to adopt
            children from abroad and residents of other countries
            party to the Convention seeking to adopt children from
            the United States.

    SEC. 3.\3\ DEFINITIONS.

        As used in this Act:
    ---------------------------------------------------------------------------
        \3\ 42 U.S.C. 14902.
    ---------------------------------------------------------------------------
              (1) Accredited agency.--The term ``accredited
            agency'' means an agency accredited under title II to
            provide adoption services in the United States in cases
            subject to the Convention.
              (2) Accrediting entity.--The term ``accrediting
            entity'' means an entity designated under section
            202(a) to accredit agencies and approve persons under
            title II.
              (3) Adoption service.--The term ``adoption service''
            means--
                      (A) identifying a child for adoption and
                    arranging an adoption;
                      (B) securing necessary consent to termination
                    of parental rights and to adoption;
                      (C) performing a background study on a child
                    or a home study on a prospective adoptive
                    parent, and reporting on such a study;
                      (D) making determinations of the best
                    interests of a child and the appropriateness of
                    adoptive placement for the child;
                      (E) post-placement monitoring of a case until
                    final adoption; and
                      (F) where made necessary by disruption before
                    final adoption, assuming custody and providing
                    child care or any other social service pending
                    an alternative placement.
    The term ``providing'', with respect to an adoption service,
    includes facilitating the provision of the service.
              (4) Agency.--The term ``agency'' means any person
            other than an individual.
              (5) Approved person.--The term ``approved person''
            means a person approved under title II to provide
            adoption services in the United States in cases subject
            to the Convention.
              (6) Attorney general.--Except as used in section 404,
            the term ``Attorney General'' means the Attorney
            General, acting through the Commissioner of Immigration
            and Naturalization.
              (7) Central authority.--The term ``central
            authority'' means the entity designated as such by any
            Convention country under Article 6(1) of the
            Convention.
              (8) Central authority function.--The term ``central
            authority function'' means any duty required to be
            carried out by a central authority under the
            Convention.
              (9) Convention.--The term ``Convention'' means the
            Convention on Protection of Children and Co-operation
            in Respect of Intercountry Adoption, done at The Hague
            on May 29, 1993.
              (10) Convention adoption.--The term ``Convention
            adoption'' means an adoption of a child resident in a
            foreign country party to the Convention by a United
            States citizen, or an adoption of a child resident in
            the United States by an individual residing in another
            Convention country.
              (11) Convention record.--The term ``Convention
            record'' means any item, collection, or grouping of
            information contained in an electronic or physical
            document, an electronic collection of data, a
            photograph, an audio or video tape, or any other
            information storage medium of any type whatever that
            contains information about a specific past, current, or
            prospective Convention adoption (regardless of whether
            the adoption was made final) that has been preserved in
            accordance with section 401(a) by the Secretary of
            State or the Attorney General.
              (12) Convention country.--The term ``Convention
            country'' means a country party to the Convention.
              (13) Other convention country.--The term ``other
            Convention country'' means a Convention country other
            than the United States.
              (14) Person.--The term ``person'' shall have the
            meaning provided in section 1 of title 1, United States
            Code, and shall not include any agency of government or
            tribal government entity.
              (15) Person with an ownership or control interest.--
            The term ``person with an ownership or control
            interest'' has the meaning given such term in section
            1124(a)(3) of the Social Security Act (42 U.S.C. 1320a-
            3).
              (16) Secretary.--The term ``Secretary'' means the
            Secretary of State.
              (17) State.--The term ``State'' means the 50 States,
            the District of Columbia, the Commonwealth of Puerto
            Rico, the Commonwealth of the Northern Mariana Islands,
            Guam, and the Virgin Islands.

                    TITLE I--UNITED STATES CENTRAL AUTHORITY

    SEC. 101.\4\ DESIGNATION OF CENTRAL AUTHORITY.

        (a) In General.--For purposes of the Convention and this
    Act--
    ---------------------------------------------------------------------------
        \4\ 42 U.S.C. 14911.
    ---------------------------------------------------------------------------
              (1) the Department of State shall serve as the
            central authority of the United States; and
              (2) the Secretary shall serve as the head of the
            central authority of the United States.
        (b) Performance of Central Authority Functions.--
              (1) Except as otherwise provided in this Act, the
            Secretary shall be responsible for the performance of
            all central authority functions for the United States
            under the Convention and this Act.
              (2) All personnel of the Department of State
            performing core central authority functions in a
            professional capacity in the Office of Children's
            Issues shall have a strong background in consular
            affairs, personal experience in international
            adoptions, or professional experience in international
            adoptions or child services.
        (c) Authority To Issue Regulations.--Except as otherwise
    provided in this Act, the Secretary may prescribe such
    regulations as may be necessary to carry out central authority
    functions on behalf of the United States.

    SEC. 102.\5\ RESPONSIBILITIES OF THE SECRETARY OF STATE.

        (a) Liaison Responsibilities.--The Secretary shall have
    responsibility for--
    ---------------------------------------------------------------------------
        \5\ 42 U.S.C. 14912.
    ---------------------------------------------------------------------------
              (1) liaison with the central authorities of other
            Convention countries; and
              (2) the coordination of activities under the
            Convention by persons subject to the jurisdiction of
            the United States.
        (b) Information Exchange.--The Secretary shall be
    responsible for--
              (1) providing the central authorities of other
            Convention countries with information concerning--
                      (A) accredited agencies and approved persons,
                    agencies and persons whose accreditation or
                    approval has been suspended or canceled, and
                    agencies and persons who have been temporarily
                    or permanently debarred from accreditation or
                    approval;
                      (B) Federal and State laws relevant to
                    implementing the Convention; and
                      (C) any other matters necessary and
                    appropriate for implementation of the
                    Convention;
              (2) not later than the date of the entry into force
            of the Convention for the United States (pursuant to
            Article 46(2)(a) of the Convention) and at least once
            during each subsequent calendar year, providing to the
            central authority of all other Convention countries a
            notice requesting the central authority of each such
            country to specify any requirements of such country
            regarding adoption, including restrictions on the
            eligibility of persons to adopt, with respect to which
            information on the prospective adoptive parent or
            parents in the United States would be relevant;
              (3) making responses to notices under paragraph (2)
            available to--
                      (A) accredited agencies and approved persons;
                    and
                      (B) other persons or entities performing home
                    studies under section 201(b)(1);
              (4) ensuring the provision of a background report
            (home study) on prospective adoptive parent or parents
            (pursuant to the requirements of section
            203(b)(1)(A)(ii)), through the central authority of
            each child's country of origin, to the court having
            jurisdiction over the adoption (or, in the case of a
            child emigrating to the United States for the purpose
            of adoption, to the competent authority in the child's
            country of origin with responsibility for approving the
            child's emigration) in adequate time to be considered
            prior to the granting of such adoption or approval;
              (5) providing Federal agencies, State courts, and
            accredited agencies and approved persons with an
            identification of Convention countries and persons
            authorized to perform functions under the Convention in
            each such country; and
              (6) facilitating the transmittal of other appropriate
            information to, and among, central authorities, Federal
            and State agencies (including State courts), and
            accredited agencies and approved persons.
        (c) Accreditation and Approval Responsibilities.--The
    Secretary shall carry out the functions prescribed by the
    Convention with respect to the accreditation of agencies and
    the approval of persons to provide adoption services in the
    United States in cases subject to the Convention as provided in
    title II. Such functions may not be delegated to any other
    Federal agency.
        (d) Additional Responsibilities.--The Secretary--
              (1) shall monitor individual Convention adoption
            cases involving United States citizens; and
              (2) may facilitate interactions between such citizens
            and officials of other Convention countries on matters
            relating to the Convention in any case in which an
            accredited agency or approved person is unwilling or
            unable to provide such facilitation.
        (e) Establishment of Registry.--The Secretary and the
    Attorney General shall jointly establish a case registry of all
    adoptions involving immigration of children into the United
    States and emigration of children from the United States,
    regardless of whether the adoption occurs under the Convention.
    Such registry shall permit tracking of pending cases and
    retrieval of information on both pending and closed cases.
        (f) Methods of Performing Responsibilities.--The Secretary
    may--
              (1) authorize public or private entities to perform
            appropriate central authority functions for which the
            Secretary is responsible, pursuant to regulations or
            under agreements published in the Federal Register; and
              (2) carry out central authority functions through
            grants to, or contracts with, any individual or public
            or private entity, except as may be otherwise
            specifically provided in this Act.

    SEC. 103.\6\ RESPONSIBILITIES OF THE ATTORNEY GENERAL.

        In addition to such other responsibilities as are
    specifically conferred upon the Attorney General by this Act,
    the central authority functions specified in Article 14 of the
    Convention (relating to the filing of applications by
    prospective adoptive parents to the central authority of their
    country of residence) shall be performed by the Attorney
    General.
    ---------------------------------------------------------------------------
        \6\ 42 U.S.C. 14913.
    ---------------------------------------------------------------------------

    SEC. 104.\7\ ANNUAL REPORT ON INTERCOUNTRY ADOPTIONS.

        (a) Reports Required.--Beginning 1 year after the date of
    the entry into force of the Convention for the United States
    and each year thereafter, the Secretary, in consultation with
    the Attorney General and other appropriate agencies, shall
    submit a report describing the activities of the central
    authority of the United States under this Act during the
    preceding year to the Committee on International Relations, the
    Committee on Ways and Means, and the Committee on the Judiciary
    of the House of Representatives and the Committee on Foreign
    Relations, the Committee on Finance, and the Committee on the
    Judiciary of the Senate.
    ---------------------------------------------------------------------------
        \7\ 42 U.S.C. 14914.
    ---------------------------------------------------------------------------
        (b) Report Elements.--Each report under subsection (a)
    shall set forth with respect to the year concerned, the
    following:
              (1) The number of intercountry adoptions involving
            immigration to the United States, regardless of whether
            the adoption occurred under the Convention, including
            the country from which each child emigrated, the State
            to which each child immigrated, and the country in
            which the adoption was finalized.
              (2) The number of intercountry adoptions involving
            emigration from the United States, regardless of
            whether the adoption occurred under the Convention,
            including the country to which each child immigrated
            and the State from which each child emigrated.
              (3) The number of Convention placements for adoption
            in the United States that were disrupted, including the
            country from which the child emigrated, the age of the
            child, the date of the placement for adoption, the
            reasons for the disruption, the resolution of the
            disruption, the agencies that handled the placement for
            adoption, and the plans for the child, and in addition,
            any information regarding disruption or dissolution of
            adoptions of children from other countries received
            pursuant to section 422(b)(14) of the Social Security
            Act, as amended by section 205 of this Act.
              (4) The average time required for completion of a
            Convention adoption, set forth by country from which
            the child emigrated.
              (5) The current list of agencies accredited and
            persons approved under this Act to provide adoption
            services.
              (6) The names of the agencies and persons temporarily
            or permanently debarred under this Act, and the reasons
            for the debarment.
              (7) The range of adoption fees charged in connection
            with Convention adoptions involving immigration to the
            United States and the median of such fees set forth by
            the country of origin.
              (8) The range of fees charged for accreditation of
            agencies and the approval of persons in the United
            States engaged in providing adoption services under the
            Convention.

          TITLE II--PROVISIONS RELATING TO ACCREDITATION AND APPROVAL

    SEC. 201.\8\ ACCREDITATION OR APPROVAL REQUIRED IN ORDER TO PROVIDE
                        ADOPTION SERVICES IN CASES SUBJECT TO THE
                        CONVENTION.

        (a) In General.--Except as otherwise provided in this
    title, no person may offer or provide adoption services in
    connection with a Convention adoption in the United States
    unless that person--
    ---------------------------------------------------------------------------
        \8\ 42 U.S.C. 14921.
    ---------------------------------------------------------------------------
              (1) is accredited or approved in accordance with this
            title; or
              (2) is providing such services through or under the
            supervision and responsibility of an accredited agency
            or approved person.
        (b) Exceptions.--Subsection (a) shall not apply to the
    following:
              (1) Background studies and home studies.--The
            performance of a background study on a child or a home
            study on a prospective adoptive parent, or any report
            on any such study by a social work professional or
            organization who is not providing any other adoption
            service in the case, if the background or home study is
            approved by an accredited agency.
              (2) Child welfare services.--The provision of a child
            welfare service by a person who is not providing any
            other adoption service in the case.
              (3) Legal services.--The provision of legal services
            by a person who is not providing any adoption service
            in the case.
              (4) Prospective adoptive parents acting on own
            behalf.--The conduct of a prospective adoptive parent
            on his or her own behalf in the case, to the extent not
            prohibited by the law of the State in which the
            prospective adoptive parent resides.

    SEC. 202.\9\ PROCESS FOR ACCREDITATION AND APPROVAL; ROLE OF
                        ACCREDITING ENTITIES.

        (a) Designation of Accrediting Entities.--
              (1) In general.--The Secretary shall enter into
            agreements with one or more qualified entities under
            which such entities will perform the duties described
            in subsection (b) in accordance with the Convention,
            this title, and the regulations prescribed under
            section 203, and upon entering into each such agreement
            shall designate the qualified entity as an accrediting
            entity.
    ---------------------------------------------------------------------------
        \9\ 42 U.S.C. 14922.
    ---------------------------------------------------------------------------
              (2) Qualified entities.--In paragraph (1), the term
            ``qualified entity'' means--
                      (A) a nonprofit private entity that has
                    expertise in developing and administering
                    standards for entities providing child welfare
                    services and that meets such other criteria as
                    the Secretary may by regulation establish; or
                      (B) a public entity (other than a Federal
                    entity), including an agency or instrumentality
                    of State government having responsibility for
                    licensing adoption agencies, that--
                              (i) has expertise in developing and
                            administering standards for entities
                            providing child welfare services;
                              (ii) accredits only agencies located
                            in the State in which the public entity
                            is located; and
                              (iii) meets such other criteria as
                            the Secretary may by regulation
                            establish.
        (b) Duties of Accrediting Entities.--The duties described
    in this subsection are the following:
              (1) Accreditation and approval.--Accreditation of
            agencies, and approval of persons, to provide adoption
            services in the United States in cases subject to the
            Convention.
              (2) Oversight.--Ongoing monitoring of the compliance
            of accredited agencies and approved persons with
            applicable requirements, including review of complaints
            against such agencies and persons in accordance with
            procedures established by the accrediting entity and
            approved by the Secretary.
              (3) Enforcement.--Taking of adverse actions
            (including requiring corrective action, imposing
            sanctions, and refusing to renew, suspending, or
            canceling accreditation or approval) for noncompliance
            with applicable requirements, and notifying the agency
            or person against whom adverse actions are taken of the
            deficiencies necessitating the adverse action.
              (4) Data, records, and reports.--Collection of data,
            maintenance of records, and reporting to the Secretary,
            the United States central authority, State courts, and
            other entities (including on persons and agencies
            granted or denied approval or accreditation), to the
            extent and in the manner that the Secretary requires.
        (c) Remedies for Adverse Action by Accrediting Entity.--
              (1) Correction of deficiency.--An agency or person
            who is the subject of an adverse action by an
            accrediting entity may re-apply for accreditation or
            approval (or petition for termination of the adverse
            action) on demonstrating to the satisfaction of the
            accrediting entity that the deficiencies necessitating
            the adverse action have been corrected.
              (2) No other administrative review.--An adverse
            action by an accrediting entity shall not be subject to
            administrative review.
              (3) Judicial review.--An agency or person who is the
            subject of an adverse action by an accrediting entity
            may petition the United States district court in the
            judicial district in which the agency is located or the
            person resides to set aside the adverse action. The
            court shall review the adverse action in accordance
            with section 706 of title 5, United States Code, and
            for purposes of such review the accrediting entity
            shall be considered an agency within the meaning of
            section 701 of such title.
        (d) Fees.--The amount of fees assessed by accrediting
    entities for the costs of accreditation shall be subject to
    approval by the Secretary. Such fees may not exceed the costs
    of accreditation. In reviewing the level of such fees, the
    Secretary shall consider the relative size of, the geographic
    location of, and the number of Convention adoption cases
    managed by the agencies or persons subject to accreditation or
    approval by the accrediting entity.

    SEC. 203.\10\ STANDARDS AND PROCEDURES FOR PROVIDING ACCREDITATION OR
                        APPROVAL.

        (a) In General.--
              (1) Promulgation of regulations.--The Secretary,
            shall, by regulation, prescribe the standards and
            procedures to be used by accrediting entities for the
            accreditation of agencies and the approval of persons
            to provide adoption services in the United States in
            cases subject to the Convention.
    ---------------------------------------------------------------------------
        \10\ 42 U.S.C. 14923.
    ---------------------------------------------------------------------------
              (2) Consideration of views.--In developing such
            regulations, the Secretary shall consider any standards
            or procedures developed or proposed by, and the views
            of, individuals and entities with interest and
            expertise in international adoptions and family social
            services, including public and private entities with
            experience in licensing and accrediting adoption
            agencies.
              (3) Applicability of notice and comment rules.--
            Subsections (b), (c), and (d) of section 553 of title
            5, United States Code, shall apply in the development
            and issuance of regulations under this section.
        (b) Minimum Requirements.--
              (1) Accreditation.--The standards prescribed under
            subsection (a) shall include the requirement that
            accreditation of an agency may not be provided or
            continued under this title unless the agency meets the
            following requirements:
                      (A) Specific requirements.--
                              (i) The agency provides prospective
                            adoptive parents of a child in a
                            prospective Convention adoption a copy
                            of the medical records of the child
                            (which, to the fullest extent
                            practicable, shall include an English-
                            language translation of such records)
                            on a date which is not later than the
                            earlier of the date that is 2 weeks
                            before: (I) the adoption; or (II) the
                            date on which the prospective parents
                            travel to a foreign country to complete
                            all procedures in such country relating
                            to the adoption.
                              (ii) The agency ensures that a
                            thorough background report (home study)
                            on the prospective adoptive parent or
                            parents has been completed in
                            accordance with the Convention and with
                            applicable Federal and State
                            requirements and transmitted to the
                            Attorney General with respect to each
                            Convention adoption. Each such report
                            shall include a criminal background
                            check and a full and complete statement
                            of all facts relevant to the
                            eligibility of the prospective adopting
                            parent or parents to adopt a child
                            under any requirements specified by the
                            central authority of the child's
                            country of origin under section
                            102(b)(3), including, in the case of a
                            child emigrating to the United States
                            for the purpose of adoption, the
                            requirements of the child's country of
                            origin applicable to adoptions taking
                            place in such country. For purposes of
                            this clause, the term ``background
                            report (home study)'' includes any
                            supplemental statement submitted by the
                            agency to the Attorney General for the
                            purpose of providing information
                            relevant to any requirements specified
                            by the child's country of origin.
                              (iii) The agency provides prospective
                            adoptive parents with a training
                            program that includes counseling and
                            guidance for the purpose of promoting a
                            successful intercountry adoption before
                            such parents travel to adopt the child
                            or the child is placed with such
                            parents for adoption.
                              (iv) The agency employs personnel
                            providing intercountry adoption
                            services on a fee for service basis
                            rather than on a contingent fee basis.
                              (v) The agency discloses fully its
                            policies and practices, the disruption
                            rates of its placements for
                            intercountry adoption, and all fees
                            charged by such agency for intercountry
                            adoption.
                      (B) Capacity to provide adoption services.--
                    The agency has, directly or through
                    arrangements with other persons, a sufficient
                    number of appropriately trained and qualified
                    personnel, sufficient financial resources,
                    appropriate organizational structure, and
                    appropriate procedures to enable the agency to
                    provide, in accordance with this Act, all
                    adoption services in cases subject to the
                    Convention.
                      (C) Use of social service professionals.--The
                    agency has established procedures designed to
                    ensure that social service functions requiring
                    the application of clinical skills and judgment
                    are performed only by professionals with
                    appropriate qualifications and credentials.
                      (D) Records, reports, and information
                    matters.--The agency is capable of--
                              (i) maintaining such records and
                            making such reports as may be required
                            by the Secretary, the United States
                            central authority, and the accrediting
                            entity that accredits the agency;
                              (ii) cooperating with reviews,
                            inspections, and audits;
                              (iii) safeguarding sensitive
                            individual information; and
                              (iv) complying with other
                            requirements concerning information
                            management necessary to ensure
                            compliance with the Convention, this
                            Act, and any other applicable law.
                      (E) Liability insurance.--The agency agrees
                    to have in force adequate liability insurance
                    for professional negligence and any other
                    insurance that the Secretary considers
                    appropriate.
                      (F) Compliance with applicable rules.--The
                    agency has established adequate measures to
                    comply (and to ensure compliance of their
                    agents and clients) with the Convention, this
                    Act, and any other applicable law.
                      (G) Nonprofit organization with state license
                    to provide adoption services.--The agency is a
                    private nonprofit organization licensed to
                    provide adoption services in at least one
                    State.
              (2) Approval.--The standards prescribed under
            subsection (a) shall include the requirement that a
            person shall not be approved under this title unless
            the person is a private for-profit entity that meets
            the requirements of subparagraphs (A) through (F) of
            paragraph (1) of this subsection.
              (3) Renewal of accreditation or approval.--The
            standards prescribed under subsection (a) shall provide
            that the accreditation of an agency or approval of a
            person under this title shall be for a period of not
            less than 3 years and not more than 5 years, and may be
            renewed on a showing that the agency or person meets
            the requirements applicable to original accreditation
            or approval under this title.
        (c) Temporary Registration of Community Based Agencies.--
              (1) One-year registration period for medium community
            based agencies.--For a 1-year period after the entry
            into force of the Convention and notwithstanding
            subsection (b), the Secretary may provide, in
            regulations issued pursuant to subsection (a), that an
            agency may register with the Secretary and be
            accredited to provide adoption services in the United
            States in cases subject to the Convention during such
            period if the agency has provided adoption services in
            fewer than 100 intercountry adoptions in the preceding
            calendar year and meets the criteria described in
            paragraph (3).
              (2) Two-year registration period for small community-
            based agencies.--For a 2-year period after the entry
            into force of the Convention and notwithstanding
            subsection (b), the Secretary may provide, in
            regulations issued pursuant to subsection (a), that an
            agency may register with the Secretary and be
            accredited to provide adoption services in the United
            States in cases subject to the Convention during such
            period if the agency has provided adoption services in
            fewer than 50 intercountry adoptions in the preceding
            calendar year and meets the criteria described in
            paragraph (3).
              (3) Criteria for registration.--Agencies registered
            under this subsection shall meet the following
            criteria:
                      (A) The agency is licensed in the State in
                    which it is located and is a nonprofit agency.
                      (B) The agency has been providing adoption
                    services in connection with intercountry
                    adoptions for at least 3 years.
                      (C) The agency has demonstrated that it will
                    be able to provide the United States Government
                    with all information related to the elements
                    described in section 104(b) and provides such
                    information.
                      (D) The agency has initiated the process of
                    becoming accredited under the provisions of
                    this Act and is actively taking steps to become
                    an accredited agency.
                      (E) The agency has not been found to be
                    involved in any improper conduct relating to
                    intercountry adoptions.

    SEC. 204.\11\ SECRETARIAL OVERSIGHT OF ACCREDITATION AND APPROVAL.

        (a) Oversight of Accrediting Entities.--The Secretary
    shall--
    ---------------------------------------------------------------------------
        \11\ 42 U.S.C. 14924.
    ---------------------------------------------------------------------------
              (1) monitor the performance by each accrediting
            entity of its duties under section 202 and its
            compliance with the requirements of the Convention,
            this Act, other applicable laws, and implementing
            regulations under this Act; and
              (2) suspend or cancel the designation of an
            accrediting entity found to be substantially out of
            compliance with the Convention, this Act, other
            applicable laws, or implementing regulations under this
            Act.
        (b) Suspension or Cancellation of Accreditation or
    Approval.--
              (1) Secretary's authority.--The Secretary shall
            suspend or cancel the accreditation or approval granted
            by an accrediting entity to an agency or person
            pursuant to section 202 when the Secretary finds that--
                      (A) the agency or person is substantially out
                    of compliance with applicable requirements; and
                      (B) the accrediting entity has failed or
                    refused, after consultation with the Secretary,
                    to take appropriate enforcement action.
              (2) Correction of deficiency.--At any time when the
            Secretary is satisfied that the deficiencies on the
            basis of which an adverse action is taken under
            paragraph (1) have been corrected, the Secretary
            shall--
                      (A) notify the accrediting entity that the
                    deficiencies have been corrected; and
                      (B)(i) in the case of a suspension, terminate
                    the suspension; or
                      (ii) in the case of a cancellation, notify
                    the agency or person that the agency or person
                    may re-apply to the accrediting entity for
                    accreditation or approval.
        (c) Debarment.--
              (1) Secretary's authority.--On the initiative of the
            Secretary, or on request of an accrediting entity, the
            Secretary may temporarily or permanently debar an
            agency from accreditation or a person from approval
            under this title, but only if--
                      (A) there is substantial evidence that the
                    agency or person is out of compliance with
                    applicable requirements; and
                      (B) there has been a pattern of serious,
                    willful, or grossly negligent failures to
                    comply or other aggravating circumstances
                    indicating that continued accreditation or
                    approval would not be in the best interests of
                    the children and families concerned.
              (2) Period of debarment.--The Secretary's debarment
            order shall state whether the debarment is temporary or
            permanent. If the debarment is temporary, the Secretary
            shall specify a date, not earlier than 3 years after
            the date of the order, on or after which the agency or
            person may apply to the Secretary for withdrawal of the
            debarment.
              (3) Effect of debarment.--An accrediting entity may
            take into account the circumstances of the debarment of
            an agency or person that has been debarred pursuant to
            this subsection in considering any subsequent
            application of the agency or person, or of any other
            entity in which the agency or person has an ownership
            or control interest, for accreditation or approval
            under this title.
        (d) Judicial Review.--A person (other than a prospective
    adoptive parent), an agency, or an accrediting entity who is
    the subject of a final action of suspension, cancellation, or
    debarment by the Secretary under this title may petition the
    United States District Court for the District of Columbia or
    the United States district court in the judicial district in
    which the person resides or the agency or accrediting entity is
    located to set aside the action. The court shall review the
    action in accordance with section 706 of title 5, United States
    Code.
        (e) Failure To Ensure a Full and Complete Home Study.--
              (1) In general.--Willful, grossly negligent, or
            repeated failure to ensure the completion and
            transmission of a background report (home study) that
            fully complies with the requirements of section
            203(b)(1)(A)(ii) shall constitute substantial
            noncompliance with applicable requirements.
              (2) Regulations.--Regulations promulgated under
            section 203 shall provide for--
                      (A) frequent and careful monitoring of
                    compliance by agencies and approved persons
                    with the requirements of section 203(b)(A)(ii);
                    and
                      (B) consultation between the Secretary and
                    the accrediting entity where an agency or
                    person has engaged in substantial noncompliance
                    with the requirements of section 203(b)(A)(ii),
                    unless the accrediting entity has taken
                    appropriate corrective action and the
                    noncompliance has not recurred.
              (3) Repeated failures to comply.--Repeated serious,
            willful, or grossly negligent failures to comply with
            the requirements of section 203(b)(1)(A)(ii) by an
            agency or person after consultation between Secretary
            and the accrediting entity with respect to previous
            noncompliance by such agency or person shall constitute
            a pattern of serious, willful, or grossly negligent
            failures to comply under subsection (c)(1)(B).
              (4) Failure to comply with certain requirements.--A
            failure to comply with the requirements of section
            203(b)(1)(A)(ii) shall constitute a serious failure to
            comply under subsection (c)(1)(B) unless it is shown by
            clear and convincing evidence that such noncompliance
            had neither the purpose nor the effect of determining
            the outcome of a decision or proceeding by a court or
            other competent authority in the United States or the
            child's country of origin.

    SEC. 205. STATE PLAN REQUIREMENT.

        Section 422(b) of the Social Security Act (42 U.S.C.
    622(b)) is amended-- * * *

      TITLE III--RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED STATES

    SEC. 301.\12\ ADOPTIONS OF CHILDREN IMMIGRATING TO THE UNITED STATES.

        (a) Legal Effect of Certificates Issued by the Secretary of
    State.--
              (1) Issuance of certificates by the secretary of
            state.--The Secretary of State shall, with respect to
            each Convention adoption, issue a certificate to the
            adoptive citizen parent domiciled in the United States
            that the adoption has been granted or, in the case of a
            prospective adoptive citizen parent, that legal custody
            of the child has been granted to the citizen parent for
            purposes of emigration and adoption, pursuant to the
            Convention and this Act, if the Secretary of State--
    ---------------------------------------------------------------------------
        \12\ 42 U.S.C. 14931.
    ---------------------------------------------------------------------------
                      (A) receives appropriate notification from
                    the central authority of such child's country
                    of origin; and
                      (B) has verified that the requirements of the
                    Convention and this Act have been met with
                    respect to the adoption.
              (2) Legal effect of certificates.--If appended to an
            original adoption decree, the certificate described in
            paragraph (1) shall be treated by Federal and State
            agencies, courts, and other public and private persons
            and entities as conclusive evidence of the facts
            certified therein and shall constitute the
            certification required by section 204(d)(2) of the
            Immigration and Nationality Act, as amended by this
            Act.
        (b) Legal Effect of Convention Adoption Finalized in
    Another Convention Country.--A final adoption in another
    Convention country, certified by the Secretary of State
    pursuant to subsection (a) of this section or section 303(c),
    shall be recognized as a final valid adoption for purposes of
    all Federal, State, and local laws of the United States.
        (c) Condition on Finalization of Convention Adoption by
    State Court.--In the case of a child who has entered the United
    States from another Convention country for the purpose of
    adoption, an order declaring the adoption final shall not be
    entered unless the Secretary of State has issued the
    certificate provided for in subsection (a) with respect to the
    adoption.

    SEC. 302. IMMIGRATION AND NATIONALITY ACT AMENDMENTS RELATING TO
                        CHILDREN ADOPTED FROM CONVENTION COUNTRIES.

        (a) Definition of Child.--Section 101(b)(1) of the
    Immigration and Nationality Act (8 U.S.C. 1101(b)(1)) is
    amended-- * * *
        (b) Approval of Petitions.--Section 204(d) of the
    Immigration and Nationality Act (8 U.S.C. 1154(d)) is amended--
    * * *
        (c) Definition of Parent.--Section 101(b)(2) of the
    Immigration and Nationality Act (8 U.S.C. 1101(b)(2)) is
    amended * * *

    SEC. 303.\13\ ADOPTIONS OF CHILDREN EMIGRATING FROM THE UNITED STATES.

        (a) Duties of Accredited Agency or Approved Person.--In the
    case of a Convention adoption involving the emigration of a
    child residing in the United States to a foreign country, the
    accredited agency or approved person providing adoption
    services, or the prospective adoptive parent or parents acting
    on their own behalf (if permitted by the laws of such other
    Convention country in which they reside and the laws of the
    State in which the child resides), shall do the following:
    ---------------------------------------------------------------------------
        \13\ 42 U.S.C. 14932.
    ---------------------------------------------------------------------------
              (1) Ensure that, in accordance with the Convention--
                      (A) a background study on the child is
                    completed;
                      (B) the accredited agency or approved
                    person--
                              (i) has made reasonable efforts to
                            actively recruit and make a diligent
                            search for prospective adoptive parents
                            to adopt the child in the United
                            States; and
                              (ii) despite such efforts, has not
                            been able to place the child for
                            adoption in the United States in a
                            timely manner; and
                      (C) a determination is made that placement
                    with the prospective adoptive parent or parents
                    is in the best interests of the child.
              (2) Furnish to the State court with jurisdiction over
            the case--
                      (A) documentation of the matters described in
                    paragraph (1);
                      (B) a background report (home study) on the
                    prospective adoptive parent or parents
                    (including a criminal background check)
                    prepared in accordance with the laws of the
                    receiving country; and
                      (C) a declaration by the central authority
                    (or other competent authority) of such other
                    Convention country--
                              (i) that the child will be permitted
                            to enter and reside permanently, or on
                            the same basis as the adopting parent,
                            in the receiving country; and
                              (ii) that the central authority (or
                            other competent authority) of such
                            other Convention country consents to
                            the adoption, if such consent is
                            necessary under the laws of such
                            country for the adoption to become
                            final.
              (3) Furnish to the United States central authority--
                      (A) official copies of State court orders
                    certifying the final adoption or grant of
                    custody for the purpose of adoption;
                      (B) the information and documents described
                    in paragraph (2), to the extent required by the
                    United States central authority; and
                      (C) any other information concerning the case
                    required by the United States central authority
                    to perform the functions specified in
                    subsection (c) or otherwise to carry out the
                    duties of the United States central authority
                    under the Convention.
        (b) Conditions on State Court Orders.--An order declaring
    an adoption to be final or granting custody for the purpose of
    adoption in a case described in subsection (a) shall not be
    entered unless the court--
              (1) has received and verified to the extent the court
            may find necessary--
                      (A) the material described in subsection
                    (a)(2); and
                      (B) satisfactory evidence that the
                    requirements of Articles 4 and 15 through 21 of
                    the Convention have been met; and
              (2) has determined that the adoptive placement is in
            the best interests of the child.
        (c) Duties of the Secretary of State.--In a case described
    in subsection (a), the Secretary, on receipt and verification
    as necessary of the material and information described in
    subsection (a)(3), shall issue, as applicable, an official
    certification that the child has been adopted or a declaration
    that custody for purposes of adoption has been granted, in
    accordance with the Convention and this Act.
        (d) Filing with Registry Regarding Nonconvention
    Adoptions.--Accredited agencies, approved persons, and other
    persons, including governmental authorities, providing adoption
    services in an intercountry adoption not subject to the
    Convention that involves the emigration of a child from the
    United States shall file information required by regulations
    jointly issued by the Attorney General and the Secretary of
    State for purposes of implementing section 102(e).

                    TITLE IV--ADMINISTRATION AND ENFORCEMENT

    SEC. 401.\14\ ACCESS TO CONVENTION RECORDS.

        (a) Preservation of Convention Records.--
              (1) In general.--Not later than 180 days after the
            date of the enactment of this Act, the Secretary, in
            consultation with the Attorney General, shall issue
            regulations that establish procedures and requirements
            in accordance with the Convention and this section for
            the preservation of Convention records.
    ---------------------------------------------------------------------------
        \14\ 42 U.S.C. 14941.
    ---------------------------------------------------------------------------
              (2) Applicability of notice and comment rules.--
            Subsections (b), (c), and (d) of section 553 of title
            5, United States Code, shall apply in the development
            and issuance of regulations under this section.
        (b) Access to Convention Records.--
              (1) Prohibition.--Except as provided in paragraph
            (2), the Secretary or the Attorney General may disclose
            a Convention record, and access to such a record may be
            provided in whole or in part, only if such record is
            maintained under the authority of the Immigration and
            Nationality Act and disclosure of, or access to, such
            record is permitted or required by applicable Federal
            law.
              (2) Exception for administration of the convention.--
            A Convention record may be disclosed, and access to
            such a record may be provided, in whole or in part,
            among the Secretary, the Attorney General, central
            authorities, accredited agencies, and approved persons,
            only to the extent necessary to administer the
            Convention or this Act.
              (3) Penalties for unlawful disclosure.--Unlawful
            disclosure of all or part of a Convention record shall
            be punishable in accordance with applicable Federal
            law.
        (c) Access to Non-Convention Records.--Disclosure of,
    access to, and penalties for unlawful disclosure of, adoption
    records that are not Convention records, including records of
    adoption proceedings conducted in the United States, shall be
    governed by applicable State law.

    SEC. 402.\15\ DOCUMENTS OF OTHER CONVENTION COUNTRIES.

        Documents originating in any other Convention country and
    related to a Convention adoption case shall require no
    authentication in order to be admissible in any Federal, State,
    or local court in the United States, unless a specific and
    supported claim is made that the documents are false, have been
    altered, or are otherwise unreliable.
    ---------------------------------------------------------------------------
        \15\ 42 U.S.C. 14942.
    ---------------------------------------------------------------------------

    SEC. 403.\16\ AUTHORIZATION OF APPROPRIATIONS; COLLECTION OF FEES.

        (a) Authorization of Appropriations.--
              (1) In general.--There are authorized to be
            appropriated such sums as may be necessary to agencies
            of the Federal Government implementing the Convention
            and the provisions of this Act.
    ---------------------------------------------------------------------------
        \16\ 42 U.S.C. 14943.
    ---------------------------------------------------------------------------
              (2) Availability of funds.--Amounts appropriated
            pursuant to paragraph (1) are authorized to remain
            available until expended.
        (b) Assessment of Fees.--
              (1) The Secretary may charge a fee for new or
            enhanced services that will be undertaken by the
            Department of State to meet the requirements of this
            Act with respect to intercountry adoptions under the
            Convention and comparable services with respect to
            other intercountry adoptions. Such fee shall be
            prescribed by regulation and shall not exceed the cost
            of such services.
              (2) Fees collected under paragraph (1) shall be
            retained and deposited as an offsetting collection to
            any Department of State appropriation to recover the
            costs of providing such services. Such fees shall
            remain available for obligation until expended.\17\
    ---------------------------------------------------------------------------
        \17\ Sec. 211(a)(1) of the Foreign Relations Authorization Act,
    Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1365), added ``Such
    fees shall remain available for obligation until expended.''. Sec.
    211(a)(2) of that Act struck out para. (3) of this subsection.
    ---------------------------------------------------------------------------
        (c) Restriction.--No funds collected under the authority of
    this section may be made available to an accrediting entity to
    carry out the purposes of this Act.

    SEC. 404.\18\ ENFORCEMENT.

        (a) Civil Penalties.--Any person who--
    ---------------------------------------------------------------------------
        \18\ 42 U.S.C. 14944.
    ---------------------------------------------------------------------------
              (1) violates section 201;
              (2) makes a false or fraudulent statement, or
            misrepresentation, with respect to a material fact, or
            offers, gives, solicits, or accepts inducement by way
            of compensation, intended to influence or affect in the
            United States or a foreign country--
                      (A) a decision by an accrediting entity with
                    respect to the accreditation of an agency or
                    approval of a person under title II;
                      (B) the relinquishment of parental rights or
                    the giving of parental consent relating to the
                    adoption of a child in a case subject to the
                    Convention; or
                      (C) a decision or action of any entity
                    performing a central authority function; or
              (3) engages another person as an agent, whether in
            the United States or in a foreign country, who in the
            course of that agency takes any of the actions
            described in paragraph (1) or (2),
    shall be subject, in addition to any other penalty that may be
    prescribed by law, to a civil money penalty of not more than
    $50,000 for a first violation, and not more than $100,000 for
    each succeeding violation.
        (b) Civil Enforcement.--
              (1) Authority of attorney general.--The Attorney
            General may bring a civil action to enforce subsection
            (a) against any person in any United States district
            court.
              (2) Factors to be considered in imposing penalties.--
            In imposing penalties the court shall consider the
            gravity of the violation, the degree of culpability of
            the defendant, and any history of prior violations by
            the defendant.
        (c) Criminal Penalties.--Whoever knowingly and willfully
    violates paragraph (1) or (2) of subsection (a) shall be
    subject to a fine of not more than $250,000, imprisonment for
    not more than 5 years, or both.

                          TITLE V--GENERAL PROVISIONS

    SEC. 501.\19\ RECOGNITION OF CONVENTION ADOPTIONS.

        Subject to Article 24 of the Convention, adoptions
    concluded between two other Convention countries that meet the
    requirements of Article 23 of the Convention and that became
    final before the date of entry into force of the Convention for
    the United States shall be recognized thereafter in the United
    States and given full effect. Such recognition shall include
    the specific effects described in Article 26 of the Convention.
    ---------------------------------------------------------------------------
        \19\ 42 U.S.C. 14951.
    ---------------------------------------------------------------------------

    SEC. 502.\20\ SPECIAL RULES FOR CERTAIN CASES.

        (a) Authority to Establish Alternative Procedures for
    Adoption of Children by Relatives.--To the extent consistent
    with the Convention, the Secretary may establish by regulation
    alternative procedures for the adoption of children by
    individuals related to them by blood, marriage, or adoption, in
    cases subject to the Convention.
    ---------------------------------------------------------------------------
        \20\ 42 U.S.C. 14952.
    ---------------------------------------------------------------------------
        (b) Waiver Authority.--
              (1) In general.--Notwithstanding any other provision
            of this Act, to the extent consistent with the
            Convention, the Secretary may, on a case-by-case basis,
            waive applicable requirements of this Act or
            regulations issued under this Act, in the interests of
            justice or to prevent grave physical harm to the child.
              (2) Nondelegation.--The authority provided by
            paragraph (1) may not be delegated.

    SEC. 503.\21\ RELATIONSHIP TO OTHER LAWS.

        (a) Preemption of Inconsistent State Law.--The Convention
    and this Act shall not be construed to preempt any provision of
    the law of any State or political subdivision thereof, or
    prevent a State or political subdivision thereof from enacting
    any provision of law with respect to the subject matter of the
    Convention or this Act, except to the extent that such
    provision of State law is inconsistent with the Convention or
    this Act, and then only to the extent of the inconsistency.
    ---------------------------------------------------------------------------
        \21\ 42 U.S.C. 14953.
    ---------------------------------------------------------------------------
        (b) Applicability of the Indian Child Welfare Act.--The
    Convention and this Act shall not be construed to affect the
    application of the Indian Child Welfare Act of 1978 (25 U.S.C.
    1901 et seq.).
        (c) Relationship to Other Laws.--Sections 3506(c), 3507,
    and 3512 of title 44, United States Code, shall not apply to
    information collection for purposes of sections 104, 202(b)(4),
    and 303(d) of this Act or for use as a Convention record as
    defined in this Act.

    SEC. 504.\22\ NO PRIVATE RIGHT OF ACTION.

        The Convention and this Act shall not be construed to
    create a private right of action to seek administrative or
    judicial relief, except to the extent expressly provided in
    this Act.
    ---------------------------------------------------------------------------
        \22\ 42 U.S.C. 14954.
    ---------------------------------------------------------------------------

    SEC. 505.\23\ EFFECTIVE DATES; TRANSITION RULE.

        (a) Effective Dates.--
    ---------------------------------------------------------------------------
        \23\ 42 U.S.C. 14901 note.
    ---------------------------------------------------------------------------
              (1) Provisions effective upon enactment.--Sections 2,
            3, 101 through 103, 202 through 205, 401(a), 403, 503,
            and 505(a) shall take effect on the date of the
            enactment of this Act.
              (2) Provisions effective upon the entry into force of
            the convention.--Subject to subsection (b), the
            provisions of this Act not specified in paragraph (1)
            shall take effect upon the entry into force of the
            Convention for the United States pursuant to Article
            46(2)(a) of the Convention.
        (b) Transition Rule.--The Convention and this Act shall not
    apply--
              (1) in the case of a child immigrating to the United
            States, if the application for advance processing of an
            orphan petition or petition to classify an orphan as an
            immediate relative for the child is filed before the
            effective date described in subsection (a)(2); or
              (2) in the case of a child emigrating from the United
            States, if the prospective adoptive parents of the
            child initiated the adoption process in their country
            of residence with the filing of an appropriate
            application before the effective date described in
            subsection (a)(2).
               b. Extradition Treaties Interpretation Act of 1998

      Title II of Public Law 105-323 [H.R. 4660], 112 Stat. 3029 at 3033,
                           approved October 30, 1998

         TITLE II--EXTRADITION TREATIES INTERPRETATION ACT OF 1998 \1\

    SEC. 201. SHORT TITLE.

        This title may be cited as the ``Extradition Treaties
    Interpretation Act of 1998''.
    ---------------------------------------------------------------------------
        \1\ 18 U.S.C. 3181 note.
    ---------------------------------------------------------------------------

    SEC. 202. FINDINGS.

        Congress finds that--
              (1) each year, several hundred children are kidnapped
            by a parent in violation of law, court order, or
            legally binding agreement and brought to, or taken
            from, the United States;
              (2) until the mid-1970's, parental abduction
            generally was not considered a criminal offense in the
            United States;
              (3) since the mid-1970's, United States criminal law
            has evolved such that parental abduction is now a
            criminal offense in each of the 50 States and the
            District of Columbia;
              (4) in enacting the International Parental Kidnapping
            Crime Act of 1993 (Public Law 103-173; 107 Stat. 1998;
            18 U.S.C. 1204), Congress recognized the need to combat
            parental abduction by making the act of international
            parental kidnapping a Federal criminal offense;
              (5) many of the extradition treaties to which the
            United States is a party specifically list the offenses
            that are extraditable and use the word ``kidnapping'',
            but it has been the practice of the United States not
            to consider the term to include parental abduction
            because these treaties were negotiated by the United
            States prior to the development in United States
            criminal law described in paragraphs (3) and (4);
              (6) the more modern extradition treaties to which the
            United States is a party contain dual criminality
            provisions, which provide for extradition where both
            parties make the offense a felony, and therefore it is
            the practice of the United States to consider such
            treaties to include parental abduction if the other
            foreign state party also considers the act of parental
            abduction to be a criminal offense; and
              (7) this circumstance has resulted in a disparity in
            United States extradition law which should be rectified
            to better protect the interests of children and their
            parents.

    SEC. 203. INTERPRETATION OF EXTRADITION TREATIES.

        For purposes of any extradition treaty to which the United
    States is a party, Congress authorizes the interpretation of
    the terms ``kidnaping'' and ``kidnapping'' to include parental
    kidnapping.
                 c. International Child Abduction Remedies Act

    Partial text of Public Law 100-300 [H.R. 3971], 102 Stat. 437, approved
      April 29, 1988; as amended by Public Law 105-277 [Foreign Relations
     Authorization Act, Fiscal Years 1998 and 1999; H.R. 4328], 112 Stat.
    2681-801, approved October 21, 1998; and Public Law 108-370 [Prevention
    of Child Abduction Partnership Act; S. 2883], 118 Stat. 1750, approved
                                October 25, 2004

    AN ACT To establish procedures to implement the Convention on the Civil
    Aspects of International Child Abduction, done at The Hague on October
                       25, 1980, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``International Child
    Abduction Remedies Act''.
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 11601 note. See also the International Parental
    Kidnapping Crime Act of 1993 (Public Law 103-173; 107 Stat. 1998; 18
    U.S.C. 1204).
    ---------------------------------------------------------------------------

    SEC. 2.\2\ FINDINGS AND DECLARATIONS.

        (a) Findings.--The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \2\ 42 U.S.C. 11601. See also sec. 2803 of the Foreign Affairs
    Reform and Restructuring Act of 1998 (division G of Public Law 105-277;
    112 Stat. 2681-846), as amended by sec. 202 of the Admiral James W.
    Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years
    2000 and 2001 (as enacted by sec. 1000(a)(7) of Public Law 106-113; 113
    Stat. 1501A-420), and sec. 212 of the Foreign Relations Authorization
    Act, Fiscal Year 2003 (Public Law 107-228; 116 Stat. 1365), relating to
    a report on compliance with the Hague Convention on International Child
    Abduction. Sec. 2803 provides as follows:
    ---------------------------------------------------------------------------

    ``sec. 2803. report on compliance with the hague convention on
    international child abduction.
    ---------------------------------------------------------------------------

        ``(a) In General.--Beginning 6 months after the date of the
    enactment of this Act and every 12 months thereafter, the Secretary of
    State shall submit a report to the appropriate congressional committees
    on the compliance with the provisions of the Convention on the Civil
    Aspects of International Child Abduction, done at The Hague on October
    25, 1980, by the signatory countries of the Convention. Each such
    report shall include the following information:
    ---------------------------------------------------------------------------

      ``(1) The number of applications for the return of children submitted by
    applicants in the United States to the Central Authority for the United
    States that remain unresolved more than 18 months after the date of filing.

      ``(2) A list of the countries to which children in unresolved
    applications described in paragraph (1) are alleged to have been abducted,
    are being wrongfully retained in violation of United States court orders,
    or which have failed to comply with any of their obligations under such
    convention with respect to applications for the return of children, access
    to children, or both, submitted by applicants in the United States.

      ``(3) A list of the countries that have demonstrated a pattern of
    noncompliance with the obligations of the Convention with respect to
    applications for the return of children, access to children, or both,
    submitted by applicants in the United States to the Central Authority for
    the United States.

      ``(4) Detailed information on each unresolved case described in paragraph
    (1) and on actions taken by the Department of State to resolve each such
    case, including the specific actions taken by the United States chief of
    mission in the country to whichthe child is alleged to have been abducted.

      ``(5) Information on efforts by the Department of State to encourage
    other countries to become signatories of the Convention.

      ``(6) A list of the countries that are parties to the Convention in
    which, during the reporting period, parents who have been left-behind [sic]
    in the United States have not been able to secure prompt enforcement of a
    final return or access orderunder a Hague proceeding, of a United States
    custody, access, or visitation order, or of an access or visitation order
    by authorities in the country concerned, due to the absence of a prompt and
    effective method for enforcement of civil court orders, the absence of a
    doctrine of comity, or other factors.

      ``(7) A description of the efforts of the Secretary of State to encourage
    the parties to the Convention to facilitate the work of nongovernmental
    organizations within their countries that assist parents seeking the return
    of children under the Convention.
    ---------------------------------------------------------------------------

        ``(b) Definition.--In this section, the term ``Central Authority
    for the United States'' has the meaning given the term in Article 6 of
    the Convention on the Civil Aspects of International Child Abduction,
    done at The Hague on October 25, 1980.''.
    ---------------------------------------------------------------------------
              (1) The international abduction or wrongful retention
            of children is harmful to their well-being.
              (2) Persons should not be permitted to obtain custody
            of children by virtue of their wrongful removal or
            retention.
              (3) International abductions and retentions of
            children are increasing, and only concerted cooperation
            pursuant to an international agreement can effectively
            combat this problem.
              (4) The Convention on the Civil Aspects of
            International Child Abduction, done at The Hague on
            October 25, 1980, establishes legal rights and
            procedures for the prompt return of children who have
            been wrongfully removed or retained, as well as for
            securing the exercise of visitation rights. Children
            who are wrongfully removed or retained within the
            meaning of the Convention are to be promptly returned
            unless one of narrow exceptions set forth in the
            Convention applies. The Convention provides a sound
            treaty framework to help resolve the problem of
            international abduction and retention of children and
            will deter such wrongful removals and retentions.
        (b) Declarations.--The Congress makes the following
    declarations:
              (1) It is the purpose of this Act to establish
            procedures for the implementation of the Convention in
            the United States.
              (2) The provisions of this Act are in addition to and
            not in lieu of the provisions of the Convention.
              (3) In enacting this Act the Congress recognizes--
                      (A) the international character of the
                    Convention; and
                      (B) the need for uniform international
                    interpretation of the Convention.
              (4) The Convention and this Act empower courts in the
            United States to determine only rights under the
            Convention and not the merits of any underlying child
            custody claims.

    SEC. 3.\3\ DEFINITIONS.

        For the purpose of this Act--
    ---------------------------------------------------------------------------
        \3\ 42 U.S.C. 11602.
    ---------------------------------------------------------------------------
              (1) the term ``applicant'' means any person who,
            pursuant to the Convention, files an application with
            the United States Central Authority or a Central
            Authority of any other party to the Convention for the
            return of a child alleged to have been wrongfully
            removed or retained or for arrangements for organizing
            or securing the effective exercise of rights of access
            pursuant to the Convention;
              (2) the term ``Convention'' means the Convention on
            the Civil Aspects of International Child Abduction,
            done at The Hague on October 25, 1980;
              (3) the term ``Parent Locator Service'' means the
            service established by the Secretary of Health and
            Human Services under section 453 of the Social Security
            Act (42 U.S.C. 653);
              (4) the term ``petitioner'' means any person who, in
            accordance with this Act, files a petition in court
            seeking relief under the Convention;
              (5) The term ``person'' includes any individual,
            institution, or other legal entity or body;
              (6) the term ``respondent'' means any person against
            whose interests a petition is filed in court, in
            accordance with this Act, which seeks relief under the
            Convention;
              (7) the term ``rights of access'' means visitation
            rights;
              (8) the term ``State'' means any of the several
            States, the District of Columbia, and any commonwealth,
            territory, or possession of the United States; and
              (9) the term ``United States Central Authority''
            means the agency of the Federal Government designated
            by the President under section 7(a).

    SEC. 4.\4\ JUDICIAL REMEDIES.

        (a) Jurisdiction of the Courts.--The courts of the States
    and the United States district courts shall have concurrent
    original jurisdiction of actions arising under the Convention.
    ---------------------------------------------------------------------------
        \4\ 42 U.S.C. 11603.
    ---------------------------------------------------------------------------
        (b) Petitions.--Any person seeking to initiate judicial
    proceedings under the Convention for the return of a child or
    for arrangements for organizing or securing the effective
    exercise of rights of access to a child may do so by commencing
    a civil action by filing a petition for the relief sought in
    any court which has jurisdiction in the place where the child
    is located at the time the petition is filed.
        (c) Notice.--Notice of an action brought under subsection
    (b) shall be given in accordance with the applicable law
    governing notice in interstate child custody proceedings.
        (d) Determination of Case.--The court in which an action is
    brought under subsection (b) shall decide the case in
    accordance with the Convention.
        (e) Burdens of Proof.--(1) A petitioner in an action
    brought under subsection (b) shall establish by a preponderance
    of the evidence--
              (A) in the case of an action for the return of a
            child, that the child has been wrongfully removed or
            retained within the meaning of the Convention; and
              (B) in the case of an action for arrangements for
            organizing or securing the effective exercise of rights
            of access, that the petitioner has such rights.
        (2) In the case of an action for the return of a child, a
    respondent who opposes the return of the child has the burden
    of establishing--
              (A) by clear and convincing evidence that one of the
            exceptions set forth in article 13b or 20 of the
            Convention applies; and
              (B) by a preponderance of the evidence that any other
            exception set forth in article 12 or 13 of the
            Convention applies.
        (f) Application of the Convention.--For purposes of any
    action brought under this Act--
              (1) the term ``authorities'', as used in article 15
            of the Convention to refer to the authorities of the
            state of the habitual residence of a child, includes
            courts and appropriate government agencies;
              (2) the terms ``wrongful removal or retention'' and
            ``wrongfully removed or retained'', as used in the
            Convention, include a removal or retention of a child
            before the entry of a custody order regarding that
            child; and
              (3) the term ``commencement of proceedings'', as used
            in article 12 of the Convention, means, with respect to
            the return of a child located in the United States, the
            filing of a petition in accordance with subsection (b)
            of this section.
        (g) Full Faith and Credit.--Full faith and credit shall be
    accorded by the courts of the States and the courts of the
    United States to the judgment of any other such court ordering
    or denying the return of a child, pursuant to the Convention,
    in an action brought under this Act.
        (h) Remedies Under the Convention Not Exclusive.--The
    remedies established by the Convention and this Act shall be in
    addition to remedies available under other laws or
    international agreements.

    SEC. 5.\5\ PROVISIONAL REMEDIES.

        (a) Authority of Courts.--In furtherance of the objectives
    of article 7(b) and other provisions of the Convention, and
    subject to the provisions of subsection (b) of this section,
    any court exercising jurisdiction of an action brought under
    section 4(b) of this Act may take or cause to be taken measures
    under Federal or State law, as appropriate, to protect the
    well-being of the child involved or to prevent the child's
    further removal or concealment before the final disposition of
    the petition.
    ---------------------------------------------------------------------------
        \5\ 42 U.S.C. 11604.
    ---------------------------------------------------------------------------
        (b) Limitation on Authority.--No court exercising
    jurisdiction of an action brought under section 4(b) may, under
    subsection (a) of this section, order a child removed from a
    person having physical control of the child unless the
    applicable requirements of State law are satisfied.

    SEC. 6.\6\ ADMISSIBILITY OF DOCUMENTS.

        With respect to any application to the United States
    Central Authority, or any petition to a court under section 4,
    which seeks relief under the Convention, or any other documents
    or information included with such application or petition or
    provided after such submission which relates to the application
    or petition, as the case may be, no authentication of such
    application, petition, document, or information shall be
    required in order for the application, petition, document, or
    information to be admissible in court.
    ---------------------------------------------------------------------------
        \6\ 42 U.S.C. 11605.
    ---------------------------------------------------------------------------

    SEC. 7.\7\ UNITED STATES CENTRAL AUTHORITY.

        (a) Designation.--The President shall designate a Federal
    agency to serve as the Central Authority for the United States
    under the Convention.
    ---------------------------------------------------------------------------
        \7\ 42 U.S.C. 11606.
    ---------------------------------------------------------------------------
        (b) Functions.--The functions of the United States Central
    Authority are those ascribed to the Central Authority by the
    Convention and this Act.
        (c) Regulatory Authority.--The United States Central
    Authority is authorized to issue such regulations as may be
    necessary to carry out its function under the Convention and
    this Act.
        (d) Obtaining Information From Parent Locator Service.--The
    United States Central Authority may, to the extent authorized
    by the Social Security Act, obtain information from the Parent
    Locator Service.
        (e) \8\ Grant Authority.--The United States Central
    Authority is authorized to make grants to, or enter into
    contracts or agreements with, any individual, corporation,
    other Federal, State, or local agency, or private entity or
    organization in the United States for purposes of accomplishing
    its responsibilities under the Convention and this Act.
    ---------------------------------------------------------------------------
        \8\ Sec. 2213 of the Foreign Relations Authorization Act, Fiscal
    Years 1998 and 1999 (subdivision B of division G of Public Law 105-277;
    112 Stat. 2681-812), added subsec. (e).
    ---------------------------------------------------------------------------
        (f) \9\ Limited Liability of Private Entities Acting Under
    the Direction of the United States Central Authority.--
    ---------------------------------------------------------------------------
        \9\ Sec. 2 of the Prevention of Child Abduction Partnership Act
    (Public Law 108-370; 118 Stat. 1750) added subsec. (f).
    ---------------------------------------------------------------------------
              (1) Limitation on liability.--Except as provided in
            paragraphs (2) and (3), a private entity or
            organization that receives a grant from or enters into
            a contract or agreement with the United States Central
            Authority under subsection (e) of this section for
            purposes of assisting the United States Central
            Authority in carrying out its responsibilities and
            functions under the Convention and this Act, including
            any director, officer, employee, or agent of such
            entity or organization, shall not be liable in any
            civil action sounding in tort for damages directly
            related to the performance of such responsibilities and
            functions as defined by the regulations issued under
            subsection (c) of this section that are in effect on
            October 1, 2004.
              (2) Exception for intentional, reckless, or other
            misconduct.--The limitation on liability under
            paragraph (1) shall not apply in any action in which
            the plaintiff proves that the private entity,
            organization, officer, employee, or agent described in
            paragraph (1), as the case may be, engaged in
            intentional misconduct or acted, or failed to act, with
            actual malice, with reckless disregard to a substantial
            risk of causing injury without legal justification, or
            for a purpose unrelated to the performance of
            responsibilities or functions under this Act.
              (3) Exception for ordinary business activities.--The
            limitation on liability under paragraph (1) shall not
            apply to any alleged act or omission related to an
            ordinary business activity, such as an activity
            involving general administration or operations, the use
            of motor vehicles, or personnel management.

    SEC. 8.\10\ COSTS AND FEES.

        (a) Administrative Costs.--No department, agency, or
    instrumentality of the Federal Government or of any State or
    local government may impose on an applicant any fee in relation
    to the administrative processing of applications submitted
    under the Convention.
    ---------------------------------------------------------------------------
        \10\ 42 U.S.C. 11607.
    ---------------------------------------------------------------------------
        (b) Costs Incurred in Civil Actions.--(1) Petitioners may
    be required to bear the costs of legal counsel or advisors,
    court costs incurred in connection with their petitions, and
    travel costs for the return of the child involved and any
    accompanying persons, except as provided in paragraphs (2) and
    (3).
        (2) Subject to paragraph (3), legal fees or court costs
    incurred in connection with an action brought under section 4
    shall be borne by the petitioner unless they are covered by
    payments from Federal, State, or local legal assistance or
    other programs.
        (3) Any court ordering the return of a child pursuant to an
    action brought under section 4 shall order the respondent to
    pay necessary expenses incurred by or on behalf of the
    petitioner, including court costs, legal fees, foster home or
    other care during the course of proceedings in the action, and
    transportation costs related to the return of the child, unless
    the respondent establishes that such order would be clearly
    inappropriate.

    SEC. 9.\11\ COLLECTION, MAINTENANCE, AND DISSEMINATION OF INFORMATION.

        (a) In General.--In performing its functions under the
    Convention, the United States Central Authority may, under such
    conditions as the Central Authority prescribes by regulation,
    but subject to subsection (c), receive from or transmit to any
    department agency, or instrumentality of the Federal Government
    or of any State or foreign government, and receive from or
    transmit to any applicant, petitioner, or respondent,
    information necessary to locate a child or for the purpose of
    otherwise implementing the Convention with respect to a child,
    except that the United States Central Authority--
    ---------------------------------------------------------------------------
        \11\ 42 U.S.C. 11608.
    ---------------------------------------------------------------------------
              (1) may receive such information from a Federal or
            State department, agency, or instrumentality only
            pursuant to applicable Federal and State statues; and
              (2) may transmit any information received under this
            subsection notwithstanding any provision of law other
            than this Act.
        (b) Requests for Information.--Requests for information
    under this section shall be submitted in such manner and form
    as the United States Central Authority may prescribe by
    regulation and shall be accompanied or supported by such
    documents as the United States Central Authority may require.
        (c) Responsibility of Government Entities.--Whenever any
    department, agency, or instrumentality of the United States or
    of any State receives a request from the United States Central
    Authority for information authorized to be provided to such
    Central Authority under subsection (a), the head of such
    department, agency, or instrumentality shall promptly cause a
    search to be made of the files and records maintained by such
    department, agency, or instrumentality in order to determine
    whether the information requested is contained in any such
    files or records. If such search discloses the information
    requested, the head of such department, agency, or
    instrumentality shall immediately transmit such information to
    the United States Central Authority, except that any such
    information the disclosure of which--
              (1) would adversely affect the national security
            interests of the United States or the law enforcement
            interests of the United States or of any State; or
              (2) would be prohibited by section 9 of title 13,
            United States Code;
    shall not be transmitted to the Central Authority. The head of
    such department, agency, or instrumentality shall, immediately
    upon completion of the requested search, notify the Central
    Authority of the results of the search, and whether an
    exception set forth in paragraph (1) or (2) applies. In the
    event that the United States Central Authority receives
    information and the appropriate Federal or State department,
    agency, or instrumentality thereafter notifies the Central
    Authority that an exception set forth in paragraph (1) or (2)
    applies to that information, the Central Authority may not
    disclose that information under subsection (a).
        (d) Information Available From Parent Locator Service.--To
    the extent that information which the United States Central
    Authority is authorized to obtain under the provisions of
    subsection (c) can be obtained through the Parent Locator
    Service, the United States Central Authority shall first seek
    to obtain such information from the Parent Locator Service,
    before requesting such information directly under the
    provisions of subsection (c) of this section.
        (e) Recordkeeping.--The United States Central Authority
    shall maintain appropriate records concerning its activities
    and the disposition of cases brought to its attention.

    SEC. 10.\12\ INTERAGENCY COORDINATING GROUP.

        The Secretary of State, the Secretary of Health and Human
    Services, and the Attorney General shall designate Federal
    employees and may, from time to time, designate private
    citizens to serve on an interagency coordinating group to
    monitor the operation of the Convention and to provide advice
    on its implementation tot he United States Central Authority
    and other Federal agencies. This group shall meet from time to
    time at the request of the United States Central Authority. The
    agency in which the United States Central Authority is located
    is authorized to reimburse such private citizens for travel and
    other expenses incurred in participating at meetings of the
    interagency coordinating group at rates not to exceed those
    authorized under subchapter I of chapter 57 of title 5, United
    States Code, for employees of agencies.
    ---------------------------------------------------------------------------
        \12\ 42 U.S.C. 11609.
    ---------------------------------------------------------------------------

    SEC. 11. AGREEMENT FOR USE OF PARENT LOCATOR SERVICE IN DETERMINING
                        WHEREABOUTS OF PARENT OR CHILD.

        Section 463 of the Social Security Act (42 U.S.C. 663) is
    amended * * *

    SEC. 12.\13\ AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated for each fiscal
    year such sums as may be necessary to carry out the purpose of
    the Convention and this Act.
    ---------------------------------------------------------------------------
        \13\ 42 U.S.C. 11610.
       d. Relating to the Implementation of the Convention on the Civil
                    Aspects of International Child Abduction

    Executive Order 12648, August 11, 1988, 53 F.R. 30637, 42 U.S.C. 11606
                                      note

        The United States of America deposited its instrument of
    ratification of the Hague Convention on the Civil Aspects of
    International Child Abduction (``Convention') on April 29,
    1988. The Convention entered into force for the United States
    on July 1, 1988. Article 6 of the Convention imposes upon
    Contracting States an obligation to designate a ``Central
    Authority'' for the purpose of discharging certain specified
    functions.
        In order that the Government of the United States of
    America may give full and complete effect to the Convention,
    and pursuant to section 7 of the International Child Abduction
    Remedies Act, Public Law 100-300 (1988), it is expedient and
    necessary that I designate a Central Authority within the
    Executive branch of said Government:
        NOW THEREFORE, by virtue of the authority vested in me as
    President by the Constitution and the laws of the United
    States, including section 301 of Title 3 of the United States
    Code and section 7 of the International Child Abduction
    Remedies Act, it is ordered as follows:
        Section 1. Designation of Central Authority. The Department
    of State is hereby designated as the Central Authority of the
    United States for purposes of the Hague Convention on the Civil
    Aspects of International Child Abduction. The Secretary of
    State is hereby authorized and empowered, in accordance with
    such regulations as he may prescribe, to perform all lawful
    acts that may be necessary and proper in order to execute the
    functions of the Central Authority in a timely and efficient
    manner.
                           e. Child Health Revolution

    Public Law 98-198 [S.J. Res. 111], 97 Stat. 1355, approved December 1,
                                      1983

     JOINT RESOLUTION Expressing the sense of the Congress with respect to
         international efforts to further a revolution in child health.

    Whereas the report entitled ``State of the World's Children,
        1982-83'' of the United Nations Children's Fund (hereafter
        in this joint resolution referred to as ``UNICEF'') offers
        unprecedented hope for a ``revolution in child health''
        which could save the lives of up to twenty thousand of the
        forty thousand children who perish daily around the world
        from malnutrition and disease;
    Whereas the techniques involved in this health revolution
        including oral rehydration home treatment, low-cost
        vaccines which do not require refrigeration, promotion of
        breast-feeding, and use of child growth charts to detect
        malnutrition, are estimated to cost only a few dollars per
        child;
    Whereas this UNICEF report and the activities of UNICEF have
        been widely acclaimed by the Secretary General of the
        United Nations and the heads of the governments of such
        countries as the United Kingdom, France, Sweden, India, and
        Pakistan; and
    Whereas the President of the United States on April 18, 1983,
        has issued a statement endorsing this health revolution for
        children and calling on the cooperation of United States
        Government agencies with international organizations and
        agencies associated in this effort: Now, therefore, be it

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That it is the
    sense of the Congress that--
              (1) the techniques articulated by UNICEF in its
            report entitled ``The State of the World's Children,
            1982-1983'' represent an unprecedented low-cost
            opportunity to significantly reduce child mortality and
            morbidity throughout the world, and have the full
            support and encouragement of the Congress at a time of
            economic difficulty and constriction for all countries;
              (2) the President be commended for taking steps to
            promote, encourage, and undertake activities to further
            the objectives of the child health revolution and for
            directing all appropriate United States Government
            agencies, including the Department of State, the Agency
            for International Development, and the Department of
            Health and Human Services to support and cooperate with
            UNICEF, the World Health Organization, the United
            Nations Development Program, and other international
            financial and assistance agencies participating in
            fostering this child health revolution; and
              (3) other public and private organizations involved
            in health, education, finance, labor, communications,
            and humanitarian assistance should cooperate with and
            support the efforts of the United States to further the
            objectives of the child health revolution.
                                   Appendix I

              Note.--Appendix I lists Public Laws included in
            Legislation on Foreign Relations Through 2005, either
            as freestanding law or in amendments, arranged by
            Public Law number with corresponding short title or
            popular name.

    ------------------------------------------------------------------------
    Public Law
        No.                              Short Title
    ------------------------------------------------------------------------
    109-169     United States-Bahrain Free Trade Agreement Implementation
                 Act
    109-167     Passport Services Enhancement Act of 2005
    109-165     Torture Victims Relief Reauthorization Act of 2005
    109-164     Trafficking Victims Protection Reauthorization Act of 2005
    109-163     National Defense Authorization Act for Fiscal Year 2006
    109-163     United States Policy in Iraq Act (section 1227)
    109-163     Detainee Treatment Act of 2005 (title XIV)
    109-159     Transfer of Items To War Reserves Stockpile for Allies,
                 Korea
    109-148     Department of Defense, Emergency Supplemental Appropriations
                 To Address Hurricanes in the Gulf of Mexico, and Pandemic
                 Influenza Act, 2006
    109-148     Department of Defense Appropriations Act, 2006 (division A)
    109-148     Emergency Supplemental Appropriations To Address Hurricanes
                 in the Gulf of Mexico and Pandemic Influenza Act, 2006
                 (division B)
    109-140     To Provide Certain Authorities for the Department of State
    109-134     Naval Vessels Transfer Act of 2005
    109-121     Senator Paul Simon Water for the Poor Act of 2005
    109-112     Iran Nonproliferation Amendments Act of 2005
    109-108     Science, State, Justice, Commerce, and Related Agencies
                 Appropriations Act, 2006
    109-108     Department of State and Related Agencies Appropriations Act,
                 2006 (title IV)
    109-102     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 2006
    109-97      Agriculture, Rural Development, Food and Drug
                 Administration, and Related Agencies Appropriations Act,
                 2006
    109-95      Assistance for Orphans and Other Vulnerable Children in
                 Developing Countries Act of 2005
    109-77      Continuing Appropriations, Fiscal Year 2006
    109-58      Energy Policy Act of 2005
    109-54      Department of the Interior, Environment, and Related
                 Agencies Appropriations Act, 2006
    109-53      Dominican Republic-Central America-United States Free Trade
                 Agreement Implementation Act
    109-39      Renewal of Import Restrictions--Burmese Freedom and
                 Democracy Act of 2003
    109-13      Emergency Supplemental Appropriations Act for Defense, the
                 Global War on Terror, and Tsunami Relief, 2005
    108-497     Comprehensive Peace in Sudan Act of 2004
    108-484     Microenterprise Results and Accountability Act of 2004
    108-458     Intelligence Reform and Terrorism Prevention Act of 2004
    108-458     9/11 Commission Implementation Act of 2004 (title VII)
    108-458     Afghanistan Freedom Support Act Amendments of 2004 (sec.
                 7104)
    108-447     Consolidated Appropriations Act, 2005
    108-447     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 2005 (division D)
    108-447     Migratory Bird Treaty Reform Act of 2004 (division E, sec.
                 143)
    108-447     Miscellaneous Appropriations and Offsets Act, 2005 (division
                 J, title I)
    108-429     Miscellaneous Trade and Technical Corrections Act of 2004
    108-375     Ronald W. Reagan National Defense Authorization Act for
                 Fiscal Year 2005
    108-370     Prevention of Child Abduction Partnership Act
    108-347     Belarus Democracy Act of 2004
    108-333     North Korean Human Rights Act of 2004
    108-332     Global Anti-Semitism Review Act of 2004
    108-323     Tropical Forest Conservation Act Reauthorization
    108-302     United States-Morocco Free Trade Agreement Implementation
                 Act
    108-297     Cape Town Treaty Implementation Act of 2004
    108-286     United States-Australia Free Trade Agreement Implementation
                 Act
    108-283     Northern Uganda Crisis Response Act
    108-274     AGOA Acceleration Act of 2004
    108-272     Approving the Renewal of Import Restrictions--Burma
    108-266     Marine Turtle Conservation Act of 2004
    108-235     Taiwan's Participation in the World Health Organization
    108-215     Amendments to U.S.-Mexico Agreement Establishing a Border
                 Environment Cooperation Commission and North American
                 Development Bank
    108-200     Congo Basin Forest Partnership Act of 2004
    108-199     Consolidated Appropriations, 2004
    108-199     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 2004 (division D)
    108-199     HELP Commission Act (division B, sec. 637)
    108-199     Millennium Challenge Act of 2003 (division D, title VI)
    108-175     Syria Accountability and Lebanese Sovereignty Restoration
                 Act of 2003
    108-136     National Defense Authorization Act for Fiscal Year 2004
    108-136     Nuclear Security Initiative Act of 2003 (title XXXVI)
    108-106     Emergency Supplemental Appropriations Act for Defense and
                 for the Reconstruction of Iraq and Afghanistan, 2004
    108-77      United States-Chile Free Trade Agreement Implementation Act
    108-31      Microenterprise Report to Congress
    108-28      Taiwan's Participation in the World Health Organization
    108-25      United States Leadership Against HIV/AIDS, Tuberculosis, and
                 Malaria Act of 2003
    108-19      Clean Diamond Trade Act
    108-11      Emergency Wartime Supplemental Appropriations Act, 2003
    108-7       Consolidated Appropriations, 2003
    107-365     Caribbean National Forest Wild and Scenic Rivers Act of 2002
    107-327     Afghanistan Freedom Support Act of 2002
    107-314     Bob Stump National Defense Authorization Act for Fiscal Year
                 2003
    107-258     Persian Gulf POW/MIA Accountability Act of 2002
    107-246     Russian Democracy Act of 2002
    107-245     Sudan Peace Act
    107-243     Authorization for Use of Military Force Against Iraq
                 Resolution of 2002
    107-228     Foreign Relations Authorization Act, Fiscal Year 2003
    107-228     Department of State Authorization Act, Fiscal Year 2003
                 (division A)
    107-228     Security Assistance Act of 2002 (division B)
    107-228     Middle East Peace Commitments Act of 2002 (division A, title
                 VI, subtitle A)
    107-228     Tibetan Policy Act of 2002 (division A, title VI, subtitle
                 B)
    107-228     East Timor Transition to Independence Act of 2002 (division
                 A, title VI, subtitle C)
    107-228     Clean Water for the Americas Partnership Act of 2002
                 (division A, title VI, subtitle D)
    107-228     Freedom Investment Act of 2002 (division A, title VI,
                 subtitle E)
    107-228     Russian Federation Debt for Nonproliferation Act of 2002
                 (division B, title XIII, subtitle B)
    107-228     Nonproliferation Assistance Coordination Act of 2002
                 (division B, title XIII, subtitle C)
    107-228     Iran Nuclear Proliferation Prevention Act of 2002 (division
                 B, title XIII, subtitle D)
    107-210     Trade Act of 2002
    107-210     Andean Trade Promotion and Drug Eradication Act (title XXXI)
    107-206     2002 Supplemental Appropriations Act for Further Recovery
                 From and Response to Terrorist Attacks on the United States
    107-206     American Servicemembers Protection Act (title II)
    107-197     Terrorist Bombings Convention Implementation Act of 2002
    107-189     Export-Import Bank Reauthorization Act of 2002
    107-187     Gerald B. H. Solomon Freedom Consolidation Act of 2002
    107-173     Ehanced Border Security and Visa Entry Reform Act of 2002
    107-148     Radio Free Afghanistan Act
    107-141     Asian Elephant Conservation Reauthorization Act of 2002
    107-117     Department of Defense and Emergency Supplemental
                 Appropriations for Recovery From and Response To Terrorist
                 Attacks on the United States Act, 2002
    107-115     Kenneth M. Ludden Foreign Operations, Export Financing and
                 Related Programs Appropriations Act, 2002
    107-112     Rhinoceros and Tiger Conservation Reauthorization Act of
                 2001
    107-111     African Elephant Conservation Reauthorization Act of 2001
    107-107     National Defense Authorization Act for Fiscal Year 2002
    107-99      Zimbabwe Democracy and Economic Recovery Act of 2001
    107-81      Afghan Women and Children Relief Act of 2001
    107-56      Uniting and Strengthening America By Providing Appropriate
                 Tools Required To Intercept and Obstruct Terrorism (USA
                 PATRIOT ACT) Act of 2001
    107-56      International Money Laundering Abatement and Financial Anti-
                 Terrorism Act of 2001 (title III)
    107-43      United States-Jordan Free Trade Area Implementation Act
    107-40      Authorization for Use of Military Force in Response to
                 Terrorist Attacks of September 11, 2001
    107-39      Condemnation of Terrorist Attacks
    107-24      ILSA [Iran and Libya Sanctions Act] Extension Act of 2001
    106-570     Assistance for International Malaria Control Act
    106-570     International Malaria Control Act (title I)
    106-570     United States-Macau Policy Act of 2000 (title II)
    106-570     Pacific Charter Commission Act of 2000 (title IV)
    106-570     Paul D. Coverdell World Wise Schools Act of 2000 (title VI)
    106-567     Intelligence Authorization Act for Fiscal Year 2001
    106-567     Japanese Imperial Government Disclosure Act of 2000 (title
                 VIII)
    106-557     Shark Finning Prohibition Act
    106-555     Striped Bass Conservation, Atlantic Coastal Fisheries
                 Management and Marine Mammal Rescue Assistance Act of 2000
    106-554     Consolidated Appropriations Act, 2001
    106-554     Vietnam Education Foundation Act of 2000 (title II)
    106-553     Department of State and Related Agency Appropriations Act,
                 2001
    106-531     Reports Consolidation Act of 2000
    106-484     Bring Them Home Alive Act of 2000
    106-476     Tariff Suspension and Trade Act of 2000
    106-450     Yukon River Salmon Act of 2000
    106-429     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 2001
    106-411     Great Ape Conservation Act of 2000
    106-398     Floyd D. Spence National Defense Authorization Act for
                 Fiscal Year 2001
    106-387     Agriculture, Rural Development, Food and Drug
                 Administration, and Related Agencies Appropriations Act,
                 2001
    106-387     Trade Sanctions Reform and Export Enhancement Act of 2000
                 (title IX)
    106-386     Victims of Trafficking and Violence Protection Act of 2000
    106-386     Trafficking Victims Protection Act of 2000 (division A)
    106-373     Famine Prevention and Freedom From Hunger Improvement Act of
                 2000
    106-346     National Terrorist Asset Trading Center
    106-309     Microenterprise for Self-Reliance and International Anti-
                 Corruption Act of 2000
    106-309     Microenterprise for Self-Reliance Act of 2000 (title I)
    106-309     International Anti-Corruption and Good Governance Act of
                 2000 (title II)
    106-309     International Academic Opportunities Act of 2000 (title III)
    106-309     Support for Overseas Cooperative Development Act (sec. 401)
    106-309     Paul D. Coverdell Fellows Program Act of 2000 (sec. 408)
    106-286     U.S.-China Relations Act of 2000
    106-280     Security Assistance Act of 2000
    106-279     Intercountry Adoption Act of 2000
    106-264     Global AIDS and Tuberculosis Relief Act of 2000
    106-264     Global AIDS Research and Relief Act of 2000 (title I)
    106-264     International Tuberculosis Control Act of 2000 (title II)
    106-256     Oceans Act of 2000
    106-247     Neotropical Migratory Bird Conservation Act
    106-212     American Institute in Taiwan Facilities Enhancement Act
    106-200     Trade and Development Act of 2000
    106-200     African Growth and Opportunity Act (title I)
    106-200     U.S.-Caribbean Basin Trade Partnership Act (title II)
    106-178     Iran and Syria Nonproliferation Act (formerly Iran
                 Nonproliferation Act of 2000)
    106-158     Export Enhancement Act of 1999
    106-120     Intelligence Authorization Act for Fiscal Year 2000
    106-120     Foreign Narcotics Kingpin Designation Act (title VIII)
    106-113     Consolidated Appropriations, Fiscal Year 2000
    106-113     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 2000 (H.R. 3422, enacted by reference)
    106-113     Silk Road Strategy Act of 1999 (sec. 596, H.R. 3422, enacted
                 by reference)
    106-113     Admiral James W. Nance and Meg Donovan Foreign Relations
                 Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
                 enacted by reference)
    106-113     Secure Embassy Construction and Counterterrorism Act of 1999
                 (title VI, division A, H.R. 3427, enacted by reference)
    106-113     North Korea Threat Reduction Act of 1999 (subtitle B, title
                 VIII, division A, H.R. 3427, enacted by reference)
    106-113     United Nations Reform Act of 1999 (title IX, division A,
                 H.R. 3427, enacted by reference)
    106-113     Arms Control, Nonproliferation, and Security Assistance Act
                 of 1999 (division B, H.R. 3427, enacted by reference)
    106-113     Arms Control and Nonproliferation Act of 1999 (title XI,
                 division B, H.R. 3427, enacted by reference)
    106-113     National Security and Corporate Fairness under the
                 Biological Weapons Convention Act (chapter 2, subtitle A,
                 title XI, division B, H.R. 3427, enacted by reference)
    106-113     Security Assistance Act of 1999 (title XII, H.R. 3427,
                 enacted by reference)
    106-113     Defense Offsets Disclosure Act of 1999 (subtitle D, title
                 XII, H.R. 3427, enacted by reference)
    106-113     Proliferation Prevention Enhancement Act of 1999 (subtitle
                 E, title XII, H.R. 3427, enacted by reference)
    106-113     International Arms Sales Code of Conduct Act of 1999
                 (subtitle F, title XII, H.R. 3427, enacted by reference)
    106-108     Arctic Tundra Habitat Emergency Conservation Act
    106-87      Torture Victims Relief Reauthorization Act of 1999
    106-79      Department of Defense Appropriations Act, 2000
    106-65      National Defense Authorization Act for Fiscal Year 2000
    106-65      Panama Canal Commission Authorization Act for Fiscal Year
                 2000 (title XXXV)
    106-38      National Missile Defense Act of 1999
    106-36      Miscellaneous Trade and Technical Corrections Act of 1999
    106-35      Western Hemisphere Drug Elimination Technical Corrections
                 Act
    106-30      Peace Corps Reauthorization
    105-385     Africa: Seeds of Hope Act of 1998
    105-384     Governing International Fisheries Agreement with Poland
    105-382     Department of State Special Agents Retirement Act of 1998
    105-366     International Anti-Bribery and Fair Competition Act of 1998
    105-362     Federal Reports Elimination Act of 1998
    105-338     Iraq Liberation Act of 1998
    105-323     Extradition Treaties Interpretation Act of 1998
    105-319     Irish Peace Process Cultural and Training Program Act of
                 1998
    105-312     Rhinoceros and Tiger Conservation Act of 1998
    105-303     Commercial Space Act of 1998
    105-292     International Religious Freedom Act of 1998
    105-277     Omnibus Consolidated and Emergency Supplemental
                 Appropriations Act for Fiscal Year 1999
    105-277     Haitian Refugee Immigration Fairness Act of 1998 (division
                 A, sec. 101(h), title IX)
    105-277     Trade Deficit Review Commission Act (division A, sec. 127)
    105-277     Office of National Drug Control Policy Reauthorization Act
                 of 1998 (division C, title VII)
    105-277     Western Hemisphere Drug Elimination Act (division C, title
                 VIII)
    105-277     Foreign Affairs Reform and Restructuring Act of 1998
                 (division G)
    105-277     Foreign Affairs Agencies Consolidation Act of 1998 (division
                 G, subdivision A)
    105-277     Foreign Relations Authorization Act, Fiscal Years 1998 and
                 1999 (division G, subdivision B)
    105-277     United Nations Reform Act of 1998 (division G, subdivision
                 C)
    105-277     European Security Act of 1998 (division G, title XXVII)
    105-277     Chemical Weapons Convention Implementation Act of 1998
                 (division I)
    105-262     Department of Defense Appropriations Act, 1999
    105-261     Strom Thurmond National Defense Authorization Act for Fiscal
                 Year 1999
    105-261     Defense Against Weapons of Mass Destruction Act of 1998
                 (title XIV)
    105-261     Panama Canal Commission Authorization Act for Fiscal Year
                 1999 (title XXXV)
    105-261     Radio Free Asia Act of 1998 (title XXXIX)
    105-246     Nazi War Crimes Disclosure Act
    105-235     Finding the Government of Iraq in Unacceptable and Material
                 Breach of Its International Obligations
    105-217     African Elephant Conservation Reauthorization Act of 1998
    105-194     Agriculture Export Relief Act of 1998
    105-186     U.S. Holocaust Assets Commission Act of 1998
    105-174     1998 Supplemental Appropriations and Rescissions Act
    105-173     International Parental Kidnapping Crime Act
    105-158     Holocaust Victims Redress Act
    105-119     Departments of Commerce, Justice, and State, the Judiciary,
                 and Related Agencies Appropriations Act, 1998
    105-107     Intelligence Authorization Act for Fiscal Year 1998
    105-100     Nicaraguan Adjustment and Central American Relief Act (title
                 II)
    105-96      Asian Elephant Conservation Act of 1997
    105-85      National Defense Authorization Act for Fiscal Year 1998
    105-42      International Dolphin Conservation Program Act
    104-319     Human Rights, Refugee, and Other Foreign Relations
                 Provisions Act of 1996
    104-309     Records Relating to Nazi War Crimes
    104-297     Sustainable Fisheries Act
    104-293     Intelligence Authorization Act for Fiscal Year 1997
    104-293     Combatting Proliferation of Weapons of Mass Destruction Act
                 of 1996 (title VII)
    104-269     Release of USIA Materials: VOA, Radio Marti Recordings
    104-264     Federal Aviation Reauthorization Act of 1996
    104-227     Antarctic Science, Tourism, and Conservation Act of 1996
    104-208     Omnibus Consolidated Appropriations for Fiscal Year 1997
    104-208     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 1997 (title I, sec. 101(c))
    104-208     NATO Enlargement Facilitation Act of 1996 (title VI, sec.
                 101(c))
    104-203     Most-Favored-Nation Treatment for Cambodia
    104-201     National Defense Authorization Act for Fiscal Year 1997
    104-201     Defense Against Weapons of Mass Destruction Act of 1996
                 (title XIV)
    104-201     Panama Canal Commission Authorization Act for Fiscal Year
                 1997 (title XXXV, subtitle A)
    104-201     Panama Canal Act Amendments of 1996 (title XXXV, subtitle B)
    104-172     Iran and Libya Sanctions Act of 1996
    104-171     Most-Favored-Nation Treatment for Romania
    104-164     Miscellaneous Amendments and Authorization--FYs 1996 and
                 1997
    104-162     Most-Favored-Nation Treatment for People's Republic of
                 Bulgaria
    104-161     Release of USIA Materials: ``Fragile Ring of Life''
    104-134     USEC Privatization Act
    104-132     Antiterrorism and Effective Death Penalty Act of 1996
    104-127     Federal Agriculture Improvement and Reform Act of 1996
    104-114     Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of
                 1996
    104-106     National Defense Authorization Act for Fiscal Year 1996
    104-106     Ballistic Missile Defense Act of 1995 (title II, subtitle C)
    104-93      Intelligence Authorization Act for Fiscal Year 1996
    104-72      Au Pair Extension
    104-66      Federal Reports Elimination and Sunset Act of 1995
    104-45      Jerusalem Embassy Act of 1995
    104-43      Fisheries Act of 1995
    104-43      High Seas Fishing Compliance Act of 1995 (title I)
    104-43      Northwest Atlantic Fisheries Convention Act of 1995 (title
                 II)
    104-43      Atlantic Tunas Convention Act of 1995 (title III)
    104-43      Sea of Okhotsk Fisheries Enforcement Act of 1995 (title V)
    104-43      High Seas Driftnet Fishing Moratorium Protection Act (title
                 VI)
    104-43      Yukon River Salmon Act of 1995 (title VII) Act for Fiscal
                 Year 1997
    104-6       Emergency Supplemental Appropriations and Rescissions for
                 the Department of Defense to Preserve and Enhance Military
                 Readiness Act of 1995
    104-6       Mexican Debt Disclosure Act of 1995 (title IV)
    103-465     Uruguay Rounds Agreements Act
    103-465     Export Enhancement Program Amendments of 1994 (title IV,
                 subtitle A, part II, sec. 411(a))
    103-447     International Narcotics Control Corrections Act of 1994
    103-447     NATO Participation Act of 1994 (title II)
    103-423     United States Policy Toward Haiti
    103-416     Visa for Officials of Taiwan
    103-392     Jobs Through Trade Expansion Act of 1994
    103-391     Rhinoceros and Tiger Conservation Act of 1994
    103-381     African Conflict Resolution Act
    103-372     To Provide for an Investigation of the Whereabouts of U.S.
                 Citizens Missing From Cyprus Since 1974
    103-337     National Defense Authorization Act for Fiscal Year 1995
    103-306     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 1995
    103-294     Helsinki Human Rights Day
    103-236     Foreign Relations Authorization Act, Fiscal Years 1994 and
                 1995
    103-236     Mike Mansfield Fellowship Act (title II, part C)
    103-236     United States International Broadcasting Act of 1994 (title
                 III)
    103-236     Spoils of War Act of 1994 (title V, part B)
    103-236     Anti-Economic Discrimination Act of 1994 (title V, part C)
    103-236     Cambodian Genocide Justice Act (title V, part D)
    103-236     Middle East Peace Facilitation Act of 1994 (title V, part E)
    103-236     Arms Control and Nonproliferation Act of 1994 (title VII,
                 part A)
    103-236     Nuclear Proliferation Prevention Act of 1994 (title VIII)
    103-236     Protection and Reduction of Government Secrecy Act (title
                 IX)
    103-206     Coast Guard Authorization Act of 1993
    103-199     Act For Reform in Emerging New Democracies and Support and
                 Help for Improved Partnership with Russia, Ukraine, and
                 Other New Independent States (FRIENDSHIP Act)
    103-182     North American Free Trade Agreement Implementation Act
    103-160     National Defense Authorization Act for Fiscal Year 1994
    103-160     Cooperative Threat Reduction Act of 1993 (title XII)
    103-160     Defense Conversion, Reinvestment, and Transition Assistance
                 Amendments of 1993 (title XIII)
    103-160     National Shipbuilding and Shipyard Conversion Act of 1993
                 (title XIII, subtitle D)
    103-160     Panama Canal Commission Authorization Act for Fiscal Year
                 1994 (title XXXV)
    103-158     Act to Honor the Victims of the Bombing of Pan Am Flight 103
    103-149     South African Democratic Transition Support Act of 1993
    103-133     Nondiscriminatory Treatment Toward Products of Romania
    103-125     Middle East Peace Facilitation Act of 1993
    102-588     National Aeronautics and Space Administration Authorization
                 Act, Fiscal Year 1993
    102-587     Oceans Act of 1992
    102-587     North Pacific Anadromous Stocks Convention Act of 1992
                 (title VIII)
    102-582     High Seas Driftnet Fisheries Enforcement Act
    102-582     Central Bering Sea Fisheries Enforcement Act of 1992 (title
                 III)
    102-567     North Pacific Anadromous Stocks Act of 1992 (title VIII)
    102-565     Peace Corps Authorization for Fiscal Year 1993
    102-549     Jobs Through Exports Act of 1992
    102-549     Aid, Trade, and Competitiveness Act of 1992 (title III)
    102-549     Enterprise for the Americas Act of 1992 (title VI)
    102-532     Enterprise for the Americas Initiative Act of 1992
    102-523     International Dolphin Conservation Act of 1992
    102-511     Freedom for Russia and Emerging Eurasian Democracies and
                 Open Markets Support Act of 1992 (FREEDOM Support Act)
    102-509     Soviet Scientists Immigration Act of 1992
    102-486     Energy Policy Act of 1992
    102-484     National Defense Authorization Act for Fiscal Year 1993
    102-484     Former Soviet Union Demilitarization Act of 1992 (title XIV)
    102-484     Weapons of Mass Destruction Control Act of 1992 (title XV)
    102-484     Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI)
    102-484     Cuban Democracy Act of 1992 (title XVII)
    102-484     Panama Canal Commission Authorization Act for Fiscal Year
                 1993 (title XXXV)
    102-454     Distribution of USIA Materials
    102-450     Asian/Pacific American Heritage Month--Designation
    102-429     Export Enhancement Act of 1992
    102-420     Withdrawal of MFN From Serbia and Montenegro
    102-404     Chinese Student Protection Act of 1992
    102-396     Department of Defense Appropriations Act, 1993
    102-391     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 1993
    102-383     United States-Hong Kong Policy Act of 1992
    102-372     Tourism Policy and Export Promotion Act of 1992
    102-363     Nondiscriminatory Treatment Toward Products of Albania
    102-311     International Peacekeeping Act of 1992
    102-274     Horn of Africa Recovery and Food Security Act
    102-270     Peace Process in Liberia
    102-256     Torture Victim Protection Act of 1991
    102-247     Omnibus Insular Areas Act of 1992
    102-237     Food, Agriculture, Conservation, and Trade Act Amendments of
                 1991
    102-228     Conventional Forces in Europe Treaty Implementation Act of
                 1991
    102-228     Soviet Nuclear Threat Reduction Act of 1991 (title II)
    102-197     Most-Favored Nation Treatment for the Union of Soviet
                 Socialist Republics
    102-195     National Aeronautics and Space Administration Authorization
                 Act, Fiscal Year 1992
    102-190     National Defense Authorization Act for Fiscal Years 1992 and
                 1993
    102-190     Missile Defense Act of 1991 (title II, part C)
    102-190     Panama Canal Commission Authorization Act for Fiscal Year
                 1992 (title XXXV)
    102-183     David L. Boren National Security Education Act of 1991
                 (title VIII)
    102-182     Termination of Trade Restrictions to Czechoslovakia and
                 Hungary
    102-182     Andean Trade Preference Act (title II)
    102-182     Chemical and Biological Weapons Control and Warfare
                 Elimination Act of 1991 (title III)
    102-158     Most-Favored Nation Treatment for People's Republic of
                 Bulgaria
    102-157     Most-Favored Nation Treatment for Mongolian People's
                 Republic
    102-138     Foreign Relations Authorization Act, Fiscal Years 1992 and
                 1993
    102-138     Dante B. Fascell North-South Center Act of 1991 (sec. 208)
    102-21      Emergency Supplemental Assistance for Israel Act of 1991
    102-20      Foreign Relations Persian Gulf Conflict Emergency
                 Supplemental Authorization Act, Fiscal Year 1991
    102-1       Authorization for Use of U.S. Armed Forces Pursuant to U.N.
                 Security Council Resolution 678
    101-649     Immigration Act of 1990
    101-647     Crime Control Act of 1990
    101-646     Nonindigenous Aquatic Nuisance Prevention and Control Act of
                 1990
    101-627     Fishery Conservation Amendments of 1990
    101-627     Dolphin Protection Consumer Information Act (title IX)
    101-624     Food, Agriculture, Conservation, and Trade Act of 1990
    101-624     Agricultural Development and Trade Act of 1990 (title XV)
    101-624     Global Climate Change Prevention Act of 1990 (title XXIV)
    101-623     International Narcotics Control Act of 1990
    101-620     Protection of Antarctica
    101-611     National Aeronautics and Space Administration Authorization
                 Act, Fiscal Year 1991
    101-610     National and Community Service Act of 1990
    101-606     Global Change Research Act of 1990
    101-606     International Cooperation in Global Change Research Act of
                 1990 (title II)
    101-604     Aviation Security Improvement Act of 1990
    101-594     Antarctic Protection Act of 1990
    101-549     Clean Air Act Amendments
    101-541     Most-Favored-Nation Treatment for Czechoslovakia
    101-533     Foreign Direct Investment and International Financial Date
                 Improvements Act of 1990
    101-513     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act 1991
    101-513     European Bank for Reconstruction and Development Act (sec.
                 562(c))
    101-513     Iraq Sanctions Act of 1990 (secs. 586-586J)
    101-513     International Forestry Cooperation Act of 1990 (title VI)
    101-511     Department of Defense Appropriations Act, 1991
    101-510     National Defense Authorization Act for Fiscal Year 1991
    101-510     Panama Canal Commission Authorization Act for Fiscal Year
                 1991 (title XXXV)
    101-454     Eisenhower Exchange Fellowship Act of 1990
    101-454     Fascell Fellowship Amendments Act of 1990 (sec. 9)
    101-438     Rio Grande American Canal Extension Act of 1990
    101-382     Customs and Trade Act of 1990
    101-382     Caribbean Basin Economic Recovery Expansion Act of 1990
                 (title II)
    101-382     Forest Resources Conservation and Shortage Relief Act of
                 1990 (title IV)
    101-380     Oil Pollution Act of 1990
    101-328     National Space Council Authorization Act of 1990
    101-298     Biological Weapons Anti-Terrorism Act of 1989
    101-246     Foreign Relations Authorization Act, Fiscal Years 1990 and
                 1991
    101-246     PLO Commitments Compliance Act of 1989 (title VIII)
    101-243     Urgent Assistance for Democracy in Panama Act of 1990
    101-240     International Development and Finance Act of 1989
    101-240     Foreign Debt Reserving Act of 1989 (title IV)
    101-240     Global Environmental Protection Assistance Act of 1989
                 (title VII)
    101-231     International Narcotics Control Act of 1989
    101-219     Implementation of Compact of Free Association With Palau
    101-216     Arms Control and Disarmament Amendments Act of 1989
    101-215     Survival Assistance for Victims of Civil Strife in Central
                 America
    101-189     National Defense Authorization Act for Fiscal Years 1990 and
                 1991
    101-179     Support for East European Democracy (SEED) Act of 1989
    101-167     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 1990
    101-162     Departments of Commerce, Justice, and State, the Judiciary,
                 and Related Agencies Appropriations Act, 1990
    101-62      Implementing Agreement for Vienna Convention on Diplomatic
                 Relations
    100-705     Panama Canal Commission Compensation Fund Act of 1988
    100-690     International Narcotics Control Act of 1988 (title IV)
    100-685     National Aeronautics and Space Administration Authorization
                 Act, Fiscal Year 1989
    100-629     U.S.-U.S.S.R. Fishing Agreement
    100-576     Bangladesh Disaster Assistance Act of 1988
    100-530     International Cooperation to Protect Biological Diversity
    100-478     African Elephant Conservation Act (title II)
    100-465     Rio Grande Pollution Correction Act of 1987
    100-463     Department of Defense Appropriations Act, 1989
    100-461     Overseas Private Investment Corporation Amendments Act of
                 1988 (H.R. 5263, enacted by reference)
    100-461     Miscellaneous International Affairs Authorization Act of
                 1988 (S. 2757, enacted by reference)
    100-460     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 1989
    100-456     National Defense Authorization Act, Fiscal Year 1989
    100-449     United States-Canada Free Trade Agreement Implementation Act
                 of 1988
    100-418     Omnibus Trade and Competitiveness Act of 1988
    100-418     Telecommunications Trade Act of 1988 (title I, subtitle C,
                 part 4)
    100-418     Export Enhancement Act 1988 (title II)
    100-418     Fair Trade in Auto Parts Act of 1988 (title II, subtitle A,
                 part II)
    100-418     American Aid to Poland Act of 1988 (title II, subtitle B,
                 part II)
    100-418     Multilateral Export Control Enhancement Amendments Act
                 (title II, subtitle D, part II)
    100-418     Exchange Rates and International Economic Policy
                 Coordination Act of 1988 (title III, subtitle A)
    100-418     International Debt Management Act of 1988 (title III,
                 subtitle B)
    100-418     Multilateral Development Banks Procurement Act (title III,
                 subtitle C)
    100-418     Export-Import Bank and Tied Aid Credit Amendments of 1988
                 (title III, subtitle D)
    100-418     Primary Dealers Act of 1988 (title III, subtitle F)
    100-418     Financial Reports Act of 1988 (title III, subtitle G)
    100-418     Agricultural Competitiveness and Trade Act of 1988 (title
                 IV)
    100-418     Pesticide Monitoring Improvements Act of 1988 (title IV,
                 subtitle G)
    100-418     Foreign Corrupt Practices Act Amendments of 1988 (title V,
                 subtitle A, part I)
    100-418     Competitiveness Policy Council Act (title V, part I,
                 subtitle C)
    100-418     Small Business International Trade and Competitiveness Act
                 (title VII)
    100-418     Foreign Shipping Practices Act of 1988 (title X)
    100-393     Dire Emergency Supplemental Appropriations Act, 1988
    100-373     International Energy Emergency Authorities: Extension
    100-350     German Democratic Republic Fishery Agreement
    100-330     South Pacific Tuna Act of 1988
    100-300     International Child Abduction Remedies Act
    100-276     Central American Peace Assistance
    100-220     United States-Japan Fishery Agreement Approval Act of 1987
    100-220     Driftnet Impact Monitoring, Assessment, and Control Act of
                 1987 (title IV)
    100-213     Arms Control and Disarmament Amendments Act of 1987
    100-204     Foreign Relations Authorization Act, Fiscal Years 1988 and
                 1989
    100-204     United States Information Agency Authorization Act, Fiscal
                 Years 1988 and 1989 (title II)
    100-204     Board for International Broadcasting Authorization Act,
                 Fiscal Years 1988 and 1989 (title V)
    100-204     Anti-Terrorism Act of 1987 (title X)
    100-204     Global Climate Protection Act of 1987 (title XI)
    100-203     Omnibus Budget Reconciliation Act of 1987
    100-202     Continuing Appropriations, Fiscal Year 1988
    100-202     Cuban Political Prisoners and Immigrants (sec. 101(a), title
                 VII)
    100-202     Indochinese Refugee and Resettlement Act of 1987 (sec.
                 101(a), title VIII)
    100-202     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 1988 (sec. 101(e))
    100-202     Multilateral Investment Guarantee Agency Act (sec. 101(e),
                 H.R. 3570, enacted by reference, title IV)
    100-180     National Defense Authorization Act for Fiscal Years 1988 and
                 1989
    100-147     National Aeronautics and Space Administration Authorization
                 Act of 1988
    100-113     Federal Triangle Development Act
    100-66      United States-Korea Fishery Agreement
    99-661      National Defense Authorization Act, Fiscal Year 1987
    99-661      Department of Defense Authorization Act, 1987 (Division A)
    99-658      Approval of the Compact of Free Association With the
                 Government of Palau
    99-630      Humpback Whales Wildlife Sanctuary (West Indies)
    99-603      Immigration Reform and Control Act of 1986
    99-570      International Narcotics Control Act of 1986 (title II)
    99-529      Special Foreign Assistance Act of 1986
    99-513      R.M.S. Titanic Maritime Memorial Act of 1986
    99-498      Higher Education Amendments of 1986
    99-475      Release of USIA Materials to Museums
    99-472      Export-Import Bank Act Amendments of 1986
    99-415      Anglo-Irish Agreement Support Act of 1986
    99-399      Omnibus Diplomatic Security and Antiterrorism Act of 1986
    99-399      Diplomatic Security Act (titles I-IV)
    99-399      Victims of Terrorism Compensation Act (title VIII)
    99-399      International Maritime and Port Security Act (title IX)
    99-399      Fascell Fellowship Act (title X)
    99-239      Compact of Free Association Act of 1985
    99-198      Food Security Act of 1985
    99-198      Food for Progress Act of 1985 (sec. 1110)
    99-190      Further Continuing Appropriations, 1985
    99-190      Multilateral Development Bank Act of 1985 (sec. 101(i), H.R.
                 2253, enacted by reference)
    99-183      Agreement for Nuclear Cooperation Between the United States
                 and China
    99-180      Departments of Commerce, Justice, and State, the Judiciary,
                 and Related Agencies Appropriations Act, 1986
    99-177      Balanced Budget and Emergency Deficit Control Act of 1985
                 [Gramm-Rudman-Hollings Act]
    99-162      Sales of Arms to Jordan
    99-145      Department of Defense Authorization Act, 1986
    99-145      Relating to the approval and implementation of the proposed
                 agreement for nuclear cooperation between the United States
                 and the People's Republic of China
    99-93       Foreign Relations Authorization Act, Fiscal Years 1986 and
                 1987
    99-93       United States Information Agency Authorization Act, Fiscal
                 Years 1986 and 1987 (title II)
    99-93       Board for International Broadcasting Authorization Act,
                 Fiscal Years 1986 and 1987 (title III)
    99-93       Iran Claims Settlement (title V)
    99-93       United States Scholarship Program for Developing Countries
                 Authorization, Fiscal Years 1986 & 1987 (title VI)
    99-93       Arms Control and Disarmament Act Authorization for Fiscal
                 Years 1986 and 1987 (title VII)
    99-88       Supplemental Appropriations Act, 1985
    99-88       Jordan Supplemental Economic Assistance Authorization Act of
                 1985 (title IV)
    99-85       Authorization for an Improved U.S./Soviet Direct
                 Communications Link
    99-83       International Security and Development Cooperation Act of
                 1985
    99-83       International Narcotics Control Act of 1985 (title VI)
    99-83       Peace Corps Authorization for Fiscal Years 1986 and 1987
                 (title XI)
    99-64       Export Administration Amendments Act of 1985
    99-47       United States-Israel Free Trade Area Implementation Act of
                 1985
     99-8       African Famine Relief and Recovery Act of 1985
     99-5       Pacific Salmon Treaty Act of 1985
    98-623      Governing International Fishery Agreements With Iceland and
                 the European Economic Community (title I)
    98-623      Antarctic Marine Living Resources Convention Act of 1984
                 (title III)
    98-618      Intelligence Authorization Act for Fiscal Year 1985
    98-573      Trade and Tariff Act of 1984
    98-573      International Trade and Investment Act (title III)
    98-573      Generalized System of Preferences Renewal Act of 1984 (title
                 V)
    98-573      Steel Import Stabilization Act (title VIII)
    98-573      Wine Equity and Export Expansion Act of 1984 (title IX)
    98-562      Cooperative East-West Ventures in Space
    98-533      1984 Act to Combat International Terrorism
    98-525      Department of Defense Authorization Act, 1985
    98-525      United States Institute for Peace Act (title XVII)
    98-473      Continuing Appropriations, 1985
    98-473      Inter-American Investment Corporation Act (title II, S.
                 2416, enacted by reference)
    98-473      President's Emergency Food Assistance Act of 1984 (title
                 III)
    98-447      United States Government Opposition to the Practice of
                 Torture
    98-445      Eastern Pacific Tuna Licensing Act of 1984
    98-373      Arctic Research and Policy Act of 1984 (title I)
    98-373      National Critical Materials Act of 1984 (title II)
    98-266      Clement J. Zablocki Memorial Outpatient Facility, American
                 Children's Hospital, Krakow, Poland
    98-258      Agricultural Programs Adjustment Act of 1984
    98-258      Agricultural Exports (title V)
    98-198      Child Health Revolution
    98-181      Supplemental Appropriations Act, 1984
    98-181      Trade and Development Enhancement Act of 1983 (title VI,
                 part C)
    98-181      International Lending Supervision Act of 1983 (title IX)
    98-181      Multilateral Development Banks: Sense of Congress (title X)
    98-164      Department of State Authorization Act, Fiscal Years 1984 and
                 1985 (titles I, X)
    98-164      United States Information Agency Authorization Act, Fiscal
                 Years 1984 and 1985 (title II)
    98-164      Board for International Broadcasting Authorization Act,
                 Fiscal Years 1984 and 1985 (title III)
    98-164      Asia Foundation Act (title IV)
    98-164      National Endowment for Democracy Act (title V)
    98-164      Foreign Missions Amendments Act (title VI)
    98-164      International Environmental Protection Act of 1983 (title
                 VII)
    98-164      Research and Training for Eastern Europe and the Independent
                 States of the Former Soviet Union Act of 1983 (title VIII)
    98-164      United States-India Fund for Cultural, Educational, and
                 Scientific Cooperation Act (title IX)
    98-151      Continuing Resolution, 1984
    98-151      Foreign Assistance and Related Programs Appropriations Act,
                 1984 (sec. 101(b)(1))
    98-151      International Security and Development Assistance
                 Authorization Act of 1983 (sec. 101(b)(2))
    98-119      Multinational Force in Lebanon Resolution
    98-111      Radio Broadcasting to Cuba Act
    98-94       Department of Defense Authorization Act, 1984
    98-67       Caribbean Basin Economic Recovery Act (title II)
    98-43       Lebanon Emergency Assistance Act of 1983
    97-446      Convention on Cultural Property Implementation Act (title
                 III)
    97-425      Nuclear Waste Policy Act of 1982
    97-418      Protection of Foreign Missions
    97-389      Fisheries Amendments of 1982
    97-389      Atlantic Salmon Convention Act of 1982 (title III)
    97-389      Governing International Fishery Agreements with Japan and
                 Spain (title IV)
    97-325      International Carriage of Perishable Foodstuffs Act
    97-290      Export Trading Company Act of 1982 (title I)
    97-290      Bank Export Services Act (title II)
    97-252      Department of Defense Authorization Act, 1983
    97-241      Department of State Authorization Act, Fiscal Years 1982 and
                 1983
    97-241      Foreign Missions Act (title II)
    97-241      United States Information Agency Authorization Act, Fiscal
                 Years 1982 and 1983 (title III)
    97-241      Board for International Broadcasting Authorization Act,
                 Fiscal Years 1982 and 1983 (title IV)
    97-229      Energy Emergency Preparedness Act of 1982
    97-145      Export Administration Amendments Act of 1981
    97-132      Multinational Force and Observers Participation Resolution
    97-127      Czechoslovakian Claims Settlement Act of 1981
    97-113      International Security and Development Cooperation Act of
                 1981
    97-98       Agriculture and Food Act of 1981
    97-98       Agriculture Trade and Export Policy Commission Act (title
                 XII, subtitle C)
    97-35       African Development Bank Act (title XIII, subtitle B, part
                 3)
    96-599      International Coffee Agreement Act of 1980
    96-561      American Fisheries Promotion Act (title II)
    96-533      International Security and Development Cooperation Act of
                 1980
    96-533      African Development Foundation Act (title V)
    96-494      Agriculture Act of 1980
    96-494      Agricultural Trade Suspension Adjustment Act of 1980 (title
                 II)
    96-494      Bill Emerson Humanitarian Trust Act (title III)
    96-487      Alaska National Interests Lands Conservation Act
    96-478      Act to Prevent Pollution from Ships
    96-465      Foreign Service Act of 1980
    96-449      Hostage Relief Act of 1980
    96-422      Refugee Education Assistance Act of 1980
    96-389      Bretton Woods Agreements Act Amendments, 1980
    96-339      Atlantic Tunas Convention Act of 1975, Appropriation
                 Authorization
    96-323      North Atlantic Treaty Organization Mutual Support Act of
                 1979
    96-283      Deep Seabed Hard Mineral Resources Act
    96-283      Deep Seabed Hard Mineral Removal Tax Act of 1979 (title IV)
    96-280      Nuclear Non-Proliferation Act of 1978--Agreements for
                 Cooperation
    96-271      International Natural Rubber Agreement Appropriation
                 Authorization for Fiscal Year 1981
    96-259      Providing for Increased Participation by the United States
                 in the Inter-American and Asian Development Banks and
                 African Development Fund
    96-236      International Sugar Agreement, 1977, Implementation
    96-212      Refugee Act of 1980
    96-175      Strategic and Critical Materials Transaction Authorization
                 Act of 1979
    96-133      Energy Policy and Conservation Act Amendments
    96-92       International Security Assistance Act of 1979
    96-72       Export Administration Act of 1979
    96-70       Panama Canal Act of 1979
    96-60       Department of State Authorization Act, Fiscal Years 1980 and
                 1981 (title I)
    96-60       International Communication Agency Authorization Act, Fiscal
                 Years 1980 and 1981 (title II)
    96-53       International Development Cooperation Act of 1979
    96-39       Trade Agreements Act of 1979
    96-35       Special International Security Assistance Act of 1979
     96-9       Reaffirming North Atlantic Alliance--United States
                 Commitment
     96-8       Taiwan Relations Act
    95-630      Financial Institutions Regulatory and Interest Rate Control
                 Act of 1978
    95-630      Export-Import Bank Act Amendments of 1978 (title XIX)
    95-561      Education Amendments of 1978
    95-561      National Academy of Peace and Conflict Resolution (title XV,
                 part B)
    95-511      Foreign Intelligence Surveillance Act of 1978
    95-501      Agricultural Trade Act of 1978
    95-485      Department of Defense Appropriation Authorization Act, 1979
    95-452      Inspector General Act of 1978
    95-435      Bretton Woods Agreements Act Amendments, 1978
    95-426      Foreign Relations Authorization Act, Fiscal Year 1979
    95-426      International Communication Agency Authorization for Fiscal
                 Year 1979 (title II)
    95-424      International Development and Food Assistance Act of 1978
    95-393      Diplomatic Relations Act
    95-384      International Security Assistance Act of 1978
    95-287      Reaffirming the Unity of the North Atlantic Alliance
                 Commitment
    95-242      Nuclear Non-Proliferation Act of 1978
    95-238      Department of Energy Act of 1978
    95-223      International Emergency Economic Powers Act (title II)
    95-213      Foreign Corrupt Practices Act of 1977 (title I)
    95-118      International Financial Institutions Act
    95-113      Food and Agriculture Act of 1977
    95-105      Foreign Relations Authorization Act, Fiscal Year 1978
    95-105      United States Information Agency Authorization for Fiscal
                 Year 1978 (title II)
    95-92       International Security Assistance Act of 1977
    95-88       International Development and Food Assistance Act of 1977
     95-6       Fishery Conservation Zone Transition Act
    94-583      Foreign Sovereign Immunities Act of 1976
    94-472      International Investment and Trade in Services Survey Act
    94-412      National Emergencies Act
    94-350      Foreign Relations Authorization Act, Fiscal Year 1977
    94-350      United States Information Agency Authorization for Fiscal
                 Year 1977 (title II)
    94-350      Foreign Service Retirement Amendments of 1976 (title V)
    94-329      International Security Assistance and Arms Export Control
                 Act of 1976
    94-304      Establishing a Commission on Security and Cooperation in
                 Europe
    94-302      African Development Fund Act (title II)
    94-265      Magnuson-Stevens Fishery Conservation and Management Act of
                 1976
    94-265      Driftnet Act Amendments of 1990 (sec. 206)
    94-163      Energy Policy and Conservation Act
    94-161      International Development and Food Assistance Act of 1975
    94-141      Foreign Relations Authorization Act, Fiscal Year 1976
    94-118      Japan-United States Friendship Act
    94-110      Joint Resolution to Implement the United States Proposal for
                 the Early-Warning System in Sinai
    94-70       Atlantic Tunas Convention Act of 1975
    94-39       National Aeronautics and Space Administration Authorization
                 Act, 1976
    93-627      Deepwater Port Act of 1974
    93-618      Trade Act of 1974
    93-618      Narcotics Control Trade Act (title VIII)
    93-559      Foreign Assistance Act of 1974
    93-479      Foreign Investment Study Act of 1974
    93-475      State Department/USIA Authorization Act, Fiscal Year 1975
    93-366      Antihijacking Act of 1974
    93-365      Department of Defense Appropriation Authorization Act, 1975
    93-248      Intervention on the High Seas Act
    93-205      Endangered Species Act of 1973
    93-199      Emergency Security Assistance Act of 1973
    93-189      Foreign Assistance Act of 1973
    93-188      United Nations Environment Program Participation Act of 1973
    93-153      Trans-Alaska Pipeline Authorization Act
    93-148      War Powers Resolution
    93-129      Board for International Broadcasting Act of 1973
    93-126      Department of State Appropriations Authorization Act of 1973
    93-110      Par Value Modification Act--Foreign Currency Reports (title
                 II)
    92-544      Departments of State, Justice, and Commerce, the Judiciary,
                 and Related Agencies Appropriations Act, 1973
    92-522      Marine Mammal Protection Act of 1972
    92-499      Act to Extend Diplomatic Privileges to the Commission of the
                 European Communities
    92-403      Case Act--Transmittal of International Agreements
    92-352      Foreign Relations Authorization Act of 1972
    92-268      Par Value Modification Act
    92-257      Trust Territory of the Pacific Islands Act
    92-226      Foreign Assistance Act of 1971
    92-39       Micronesian Claims Act of 1971
    91-672      Foreign Military Sales Act Amendments, 1971
    91-652      Special Foreign Assistance Act of 1971
    91-441      Armed Forces Appropriation Authorization, 1971
    91-269      United States Recognition and Participation in International
                 Expositions
    91-175      Foreign Assistance Act of 1969, as amended
    90-629      Arms Export Control Act
    90-554      Foreign Assistance Act of 1968
    90-553      International Center Act
    90-390      Export Loans--Assistance
    90-349      Special Drawing Rights Act
    90-137      Foreign Assistance Act of 1967
    89-732      Cuban Refugee Adjustment Act
    89-673      Foreign Gifts and Decorations Act of 1966
    89-583      Foreign Assistance Act of 1966
    89-532      Convention on the Settlement of Investment Disputes Act of
                 1966
    89-486      Foreign Agents Registration Act Amendments
    89-369      Asian Development Bank Act
    89-296      Ryukyu Islands Claims Settlement Act
    89-259      Cultural Objects--Importation for Temporary Display
    89-171      Foreign Assistance Act of 1965
    89-134      Peace Corps Act Amendments
    88-633      Foreign Assistance Act of 1964
    88-408      Tonkin Gulf Resolution
    88-205      Foreign Assistance Act of 1963
    87-826      Collection and Publication of Foreign Commerce and Trade
                 Statistics
    87-794      Trade Expansion Act of 1962
    87-733      Cuban Resolution
    87-565      Foreign Assistance Act of 1962
    87-510      Migration and Refugee Assistance Act of 1962
    87-297      Arms Control and Disarmament Act
    87-293      Peace Corps Act
    87-256      Mutual Educational and Cultural Exchange Act of 1961
    87-195      Foreign Assistance Act of 1961
    87-195      Tropical Forest Conservation Act of 1998 (part V)
    87-125      General Government Matters, Department of Commerce, and
                 Related Agencies Appropriation Act, 1962
    86-735      Latin American Development Act
    86-628      Legislative Branch Appropriation Act, 1961
    86-565      International Development Association Act
    86-472      Mutual Security Act of 1960
    86-472      Center for Cultural and Technical Interchange Between East
                 and West Act of 1960 (chapter VII)
    86-420      Mexico-United States Interparliamentary Group
    86-147      Inter-American Development Bank Act
    86-108      Mutual Security Act of 1959
    86-42       Canada-United States Interparliamentary Group
    85-931      Agricultural Trade Development and Assistance Act of 1954--
                 Extension and Amendment
    85-846      EURATOM Cooperation Act of 1958
    85-568      National Aeronautics and Space Act of 1958
    85-474      Departments of State and Justice, the Judiciary, and Related
                 Agencies Appropriation Act, 1959
    85-177      International Atomic Energy Agency Participation Act of 1957
     85-7       Resolution To Promote Peace and Stability in the Middle East
    84-885      State Department Basic Authorities Act of 1956
    84-689      United States Group of the North Atlantic Treaty
                 Parliamentary Conferences--Participation Resolution
    84-350      International Finance Corporation Act
    83-703      Atomic Energy Act of 1954
    83-680      Fisherman's Protective Act of 1967
    83-665      Mutual Security Act of 1954
    83-480      Agricultural Trade Development and Assistance Act of 1954
    83-451      Civil Government for the Trust Territory of the Pacific
                 Islands
    82-486      Extending Certain Privileges to Representatives of
                 Organization of American States
    82-414      Immigration and Nationality Act
    81-806      U.S. Participation in Certain International Organizations
    81-764      Tuna Conventions Act of 1950
    81-676      Whaling Convention Act of 1949
    81-507      National Science Foundation Act of 1950
    81-455      International Claims Settlement Act of 1949
    81-439      Agricultural Act of 1949
    80-772      Act of June 25, 1948
    80-772      Logan Act--Private Correspondence With Foreign Governments
    80-772      Johnson Act--Financial Transactions With Foreign Governments
    80-402      United States Information and Educational Exchange Act of
                 1948
    80-357      United Nations Headquarters Agreement Act
    80-253      National Security Council
    79-547      Act of July 25, 1946
    79-291      International Organizations Immunities Act
    79-264      United Nations Participation Act of 1945
    79-173      Export-Import Bank Act of 1945
    79-171      Bretton Woods Agreements Act
    76-54       Neutrality Act of 1939
    75-583      Foreign Agents Registration Act of 1938
    75-543      Act of May 25, 1938
    71-361      Tariff Act of 1930
    69-186      Foreign Service Buildings Act, 1926
    65-91       Trading With the Enemy Act
    ------------------------------------------------------------------------

                                  Appendix II

              Note.--Appendix II lists Public Laws included in
            Legislation on Foreign Relations Through 2005, either
            as freestanding law or in amendments, arranged
            alphabetically by short title or popular name with
            corresponding Public Law number.

    ------------------------------------------------------------------------
                                                                  Public Law
                             Short Title                              No.
    ------------------------------------------------------------------------
    1984 Act to Combat International Terrorism..................  98-533
    1998 Supplemental Appropriations and Rescissions Act........  105-174
    2002 Supplemental Appropriations Act for Further Recovery     107-206
     From and Response to Terrorist Attacks on the United States
    9/11 Commission Implementation Act of 2004 (title VII)......  108-458
    AGOA Acceleration Act of 2004...............................  108-274
    Act For Reform In Emerging New Democracies and Support and    103-199
     Help for Improved Partnership with Russia, Ukraine, and
     Other New Independent States (FRIENDSHIP Act)..............
    Act of May 25, 1938.........................................  75-543
    Act of July 25, 1946........................................  79-547
    Act of June 25, 1948........................................  80-772
    Act to Extend Diplomatic Privileges to the Commission of the  92-499
     European Communities.......................................
    Act to Honor the Victims of the Bombing of Pan Am Flight....  103-158
    Act to Prevent Pollution from Ships.........................  96-478
    Admiral James W. Nance and Meg Donovan Foreign Relations      106-113
     Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
     enacted by reference)......................................
    Afghan Women and Children Relief Act of 2001................  107-81
    Afghanistan Freedom Support Act of 2002.....................  107-327
    Africa: Seeds of Hope Act of 1998...........................  105-385
    African Conflict Resolution Act.............................  103-381
    African Development Bank Act (title XIII, subtitle B, part    97-35
     3).........................................................
    African Development Foundation Act (title V)................  96-533
    African Development Fund Act (title II).....................  94-302
    African Elephant Conservation Act (title II)................  100-478
    African Elephant Conservation Reauthorization Act of 1998...  105-217
    African Elephant Conservation Reauthorization Act of 2001...  107-111
    African Famine Relief and Recovery Act of 1985..............   99-8
    African Growth and Opportunity Act (title I)................  106-200
    Agreement for Nuclear Cooperation Between the United States   99-183
     and China..................................................
    Agricultural Act of 1949....................................  81-439
    Agricultural Competitiveness and Trade Act of 1988 (title     100-418
     IV)........................................................
    Agricultural Development and Trade Act of 1990 (title XV)...  101-624
    Agricultural Exports (title V)..............................  98-258
    Agricultural Programs Adjustment Act of 1984................  98-258
    Agricultural Trade Act of 1978..............................  95-501
    Agricultural Trade Development and Assistance Act of 1954...  83-480
    Agricultural Trade Development and Assistance Act of 1954--   85-931
     Extension and Amendment....................................
    Agricultural Trade Suspension Adjustment Act of 1980 (title   96-494
     II)........................................................
    Agriculture and Food Act of 1981............................  97-98
    Agriculture Export Relief Act...............................  105-194
    Agriculture, Rural Development, Food and Drug                 109-97
     Administration, and Related Agencies Appropriations Act,
     2006.......................................................
    Agriculture Trade and Export Policy Commission Act (title     97-98
     XII, subtitle C)...........................................
    Aid, Trade, and Competitiveness Act of 1992 (title III).....  102-549
    Alaska National Interests Lands Conservation Act............  96-487
    Amendments to U.S.-Mexico Agreement Establishing a Border     108-215
     Environment Cooperation Commission and North American
     Development Bank...........................................
    American Aid to Poland Act of 1988 (title II, subtitle B,     100-418
     part II)...................................................
    American Fisheries Promotion Act (title II).................  96-561
    American Institute in Taiwan Facilities Enhancement Act.....  106-212
    American Servicemembers Protection Act (title II)...........  107-206
    Andean Trade Preference Act (title II)......................  102-182
    Andean Trade Promotion and Drug Eradication Act (title XXXI)  107-210
    Anglo-Irish Agreement Support Act of 1986...................  99-415
    Antarctic Marine Living Resources Convention Act of 1984      98-623
     (title III)................................................
    Antarctic Protection Act of 1990............................  101-594
    Antarctic Science, Tourism, and Conservation Act of 1996....  104-227
    Anti-Economic Discrimination Act of 1994 (title V, part C)..  103-236
    Anti-Terrorism Act of 1987 (title X)........................  100-204
    Antiterrorism and Effective Death Penalty Act of 1996.......  104-132
    Antihijacking Act of 1974...................................  93-366
    Approval of the Compact of Free Association With the          99-658
     Government of Palau........................................
    Approving the Renewal of Import Restrictions--Burma.........  108-272
    Arctic Research and Policy Act of 1984 (title I)............  98-373
    Arctic Tundra Habitat Emergency Conservation Act............  106-108
    Armed Forces Appropriation Authorization, 1971..............  91-441
    Arms Control and Disarmament Act............................  87-297
    Arms Control and Disarmament Act Authorization for Fiscal     99-93
     Years 1986 and 1987 (title VII)............................
    Arms Control and Disarmament Amendments Act of 1987.........  100-213
    Arms Control and Disarmament Amendments Act of 1989.........  101-216
    Arms Control and Nonproliferation Act of 1994 (title VII,     103-236
     part A)....................................................
    Arms Control and Nonproliferation Act of 1999 (title XI,      106-113
     division B, H.R. 3427, enacted by reference)...............
    Arms Control, Nonproliferation, and Security Assistance Act   106-113
     of 1999 (division B, H.R. 3427, enacted by reference)......
    Arms Export Control Act.....................................  90-629
    Asia Foundation Act (title IV)..............................  98-164
    Asian Development Bank Act..................................  89-369
    Asian Elephant Conservation Act of 1997.....................  105-96
    Asian Elephant Conservation Reauthorization Act of 2002.....  107-141
    Asian/Pacific American Heritage Month--Designation..........  102-450
    Assistance for International Malaria Control Act............  106-570
    Assistance for Orphans and Other Vulnerable Children in       109-95
     Developing Countries Act of 2005...........................
    Atlantic Salmon Convention Act of 1982 (title III)..........  97-389
    Atlantic Tunas Convention Act of 1975.......................  94-70
    Atlantic Tunas Convention Act of 1975, Appropriation          96-339
     Authorization..............................................
    Atlantic Tunas Convention Act of 1995 (title III)...........  104-43
    Atlantic Tunas Convention Authorization Act of 1995 (title    104-43
     III).......................................................
    Atomic Energy Act of 1954...................................  83-703
    Au Pair Extension...........................................  104-72
    Authorization for an Improved U.S./Soviet Direct              99-85
     Communications Link........................................
    Authorization for Use of Military Force [international        107-40
     terrorism].................................................
    Authorization for Use of Military Force Against Iraq          107-243
     Resolution of 2002.........................................
    Authorization for Use of U.S. Armed Forces Pursuant to U.N.   102-1
     Security Council Resolution 678............................
    Aviation Security Improvement Act of 1990...................  101-604
    Balanced Budget and Emergency Deficit Control Act of 1985     99-177
     [Gramm-Rudman-Hollings Act]................................
    Ballistic Missile Defense Act of 1995 (title II, subtitle C)  104-106
    Bangladesh Disaster Assistance Act of 1988..................  100-576
    Bank Export Services Act (title II).........................  97-290
    Belarus Democracy Act of 2004...............................  108-347
    Bill Emerson Humanitarian Trust Act (title III).............  96-494
    Biological Weapons Anti-Terrorism Act of 1989...............  101-298
    Board for International Broadcasting Act of 1973............  93-129
    Board for International Broadcasting Appropriations, 1988     100-202
     (sec. 101(a), title V).....................................
    Board for International Broadcasting Authorization Act,       97-241
     Fiscal Years 1982 and 1983 (title IV)......................
    Board for International Broadcasting Authorization Act,       98-164
     Fiscal Years 1984 and 1985 (title III).....................
    Board for International Broadcasting Authorization Act,       99-93
     Fiscal Years 1986 and 1987 (title III).....................
    Board for International Broadcasting Authorization Act,       100-204
     Fiscal Years 1988 and 1989 (title V).......................
    Bob Stump National Defense Authorization Act for Fiscal Year  107-314
     2003.......................................................
    Bretton Woods Agreements Act................................  79-171
    Bretton Woods Agreements Act Amendments, 1978...............  95-435
    Bretton Woods Agreements Act Amendments, 1980...............  96-389
    Bring Them Home Alive Act of 2000...........................  106-484
    Cambodian Genocide Justice Act (title V, part D)............  103-236
    Canada-United States Interparliamentary Group...............  86-42
    Cape Town Treaty Implementation Act of 2004.................  108-297
    Caribbean Basin Economic Recovery Act (title II)............  98-67
    Caribbean Basin Economic Recovery Expansion Act of 1990       101-382
     (title II).................................................
    Caribbean National Forest Wild and Scenic Rivers Act of 2002  107-365
    Case Act--Transmittal of International Agreements...........  92-403
    Center for Cultural and Technical Interchange Between East    86-472
     and West Act of 1960 (chapter VII).........................
    Central American Peace Assistance...........................  100-276
    Central Bering Sea Fisheries Enforcement Act of 1992 (title   102-582
     III).......................................................
    Chemical and Biological Weapons Control and Warfare           102-182
     Elimination Act of 1991 (title III)........................
    Chemical Weapons Convention Implementation Act of 1998        105-277
     (division I)...............................................
    Child Health Revolution.....................................  98-198
    Chinese Student Protection Act of 1992......................  102-404
    Civil Government for the Trust Territory of the Pacific       83-451
     Islands....................................................
    Clean Air Act Amendments....................................  101-549
    Clean Diamond Trade Act.....................................  108-19
    Clean Water for the Americas Partnership Act of 2002          107-228
     (division A, title VI, subtitle D).........................
    Clement J. Zablocki Memorial Outpatient Facility, American    98-266
     Children's Hospital, Krakow, Poland........................
    Coast Guard Authorization Act of 1993.......................  103-206
    Collection and Publication of Foreign Commerce and Trade      87-826
     Statistics.................................................
    Combatting Proliferation of Weapons of Mass Destruction Act   104-293
     of 1996 (title VII)........................................
    Commercial Space Act of 1998................................  105-303
    Compact of Free Association Act of 1985.....................  99-239
    Competitiveness Policy Council Act (title V, part I,          100-418
     subtitle C)................................................
    Comprehensive Peace in Sudan Act of 2004....................  108-497
    Congo Basin Forest Partnership Act of 2004..................  108-200
    Consolidated Appropriations Act, 2005.......................  108-447
    Continuing Appropriations, Fiscal Year 2006.................  109-77
    Continuing Resolution, 1984.................................  98-151
    Convention on Cultural Property Implementation Act (title     97-446
     III).......................................................
    Convention on the Settlement of Investment Disputes Act of    89-532
     1966.......................................................
    Conventional Forces in Europe Treaty Implementation Act of    102-228
     1991.......................................................
    Cooperative East-West Ventures in Space.....................  98-562
    Cooperative Threat Reduction Act of 1993 (title XII)........  103-160
    Crime Control Act of 1990...................................  101-647
    Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of     104-114
     1996.......................................................
    Cuban Political Prisoners and Immigrants (sec. 101(a), title  100-202
     VII).......................................................
    Cuban Refugee Adjustment Act................................  89-732
    Cuban Resolution............................................  87-733
    Cuban Democracy Act of 1992 (title XVII)....................  102-484
    Cultural Objects--Importation for Temporary Display.........  89-259
    Customs and Trade Act of 1990...............................  101-382
    Czechoslovakian Claims Settlement Act of 1981...............  97-127
    Dante B. Fascell North-South Center Act of 1991 (sec. 208)..  102-138
    David L. Boren National Security Education Act of 1991......  102-183
    Deep Seabed Hard Mineral Removal Tax Act of 1979 (title IV).  96-283
    Deep Seabed Hard Mineral Resources Act......................  96-283
    Deepwater Port Act of 1974..................................  93-627
    Defense Against Weapons of Mass Destruction Act of 1996       104-201
     (title XIV)................................................
    Defense Against Weapons of Mass Destruction Act of 1998       105-261
     (title XIV)................................................
    Defense Conversion, Reinvestment, and Transition Assistance   103-160
     Amendments of 1993 (title XIII)............................
    Defense Offsets Disclosure Act of 1999 (subtitle D, title     106-113
     XII, H.R. 3427, enacted by reference)......................
    Demilitarization of the Former Soviet Union Act of 1992       102-484
     (title XIV)................................................
    Department of Defense and Emergency Supplemental              107-117
     Appropriations for Recovery From and Response To Terrorist
     Attacks on the United States Act, 2002.....................
    Department of Defense Appropriation Act, 1976...............  94-212
    Department of Defense Appropriation Authorization Act, 1975.  93-365
    Department of Defense Appropriation Authorization Act, 1979.  95-485
    Department of Defense Appropriations Act, 2006 (division A).  109-148
    Department of Defense Authorization Act, 1983...............  97-252
    Department of Defense Authorization Act, 1984...............  98-94
    Department of Defense Authorization Act, 1985...............  98-525
    Department of Defense Authorization Act, 1986...............  99-145
    Department of Defense Authorization Act, 1987 (Division A)..  99-661
    Department of Defense, Emergency Supplemental Appropriations  109-148
     To Address Hurricanes in the Gulf of Mexico, and Pandemic
     Influenza Act, 2006........................................
    Department of Energy Act of 1978............................  95-238
    Department of State and Related Agencies Appropriations Act,  109-108
     2006 (title IV)............................................
    Department of State Appropriations Authorization Act of 1973  93-126
    Department of State Authorization Act, Fiscal Year 2003       107-228
     (division A)...............................................
    Department of State Authorization Act, Fiscal Years 1980 and  96-60
     1981 (title I).............................................
    Department of State Authorization Act, Fiscal Years 1982 and  97-241
     1983.......................................................
    Department of State Authorization Act, Fiscal Years 1984 and  98-164
     1985 (titles I, X).........................................
    Department of State Special Agents Retirement Act of 1998...  105-382
    Department of the Interior, Environment, and Related          109-54
     Agencies Appropriations Act, 2006..........................
    Departments of State and Justice, the Judiciary, and Related  85-474
     Agencies Appropriation Act, 1959...........................
    Departments of State, Justice, and Commerce, the Judiciary,   92-544
     and Related Agencies Appropriations Act, 1973..............
    Detainee Treatment Act of 2005 (title XIV)..................  109-163
    Diplomatic Relations Act....................................  95-393
    Diplomatic Security Act (titles I-IV).......................  99-399
    Dire Emergency Supplemental Appropriations Act, 1988........  100-393
    Distribution of USIA Materials..............................  102-454
    Dolphin Protection Consumer Information Act (title IX)......  101-627
    Dominican Republic-Central America-United States Free Trade   109-53
     Agreement Implementation Act...............................
    Driftnet Act Amendments of 1990 (sec. 206)..................  94-265
    Driftnet Impact Monitoring, Assessment, and Control Act of    100-220
     1987 (title IV)............................................
    East Timor Transition to Independence Act of 2002 (division   107-228
     A, title VI, subtitle C)...................................
    Eastern Pacific Tuna Licensing Act of 1984..................  98-445
    Education Amendments of 1978................................  95-561
    Eisenhower Exchange Fellowship Act of 1990..................  101-454
    Emergency Security Assistance Act of 1973...................  93-199
    Emergency Supplemental Appropriations Act for Defense and     108-106
     for the Reconstruction of Iraq and Afghanistan, 2004.......
    Emergency Supplemental Appropriations Act for Defense, the    109-13
     Global War on Terror, and Tsunami Relief, 2005.............
    Emergency Supplemental Appropriations To Address Hurricanes   109-148
     in the Gulf of Mexico and Pandemic Influenza Act, 2006
     (division B)...............................................
    Emergency Supplemental Appropriations and Rescissions for     104-6
     the Department of Defense to Preserve and Enhance Military
     Readiness Act of 1995......................................
    Emergency Supplemental Assistance for Israel Act of 1991....  102-21
    Emergency Supplemental Persian Gulf Refugee Assistance Act    102-45
     of 1991....................................................
    Endangered Species Act of 1973..............................  93-205
    Energy Emergency Preparedness Act of 1982...................  97-229
    Energy Policy Act of 1992...................................  102-486
    Energy Policy Act of 2005...................................  109-58
    Energy Policy and Conservation Act..........................  94-163
    Energy Policy and Conservation Act Amendments...............  96-133
    Enhanced Border Security and Visa Entry Reform Act of 2002..  107-173
    Enterprise for the Americas Act of 1992 (title VI)..........  102-549
    Enterprise for the Americas Initiative Act of 1992..........  102-532
    Establishing a Commission on Security and Cooperation in      94-304
     Europe.....................................................
    EURATOM Cooperation Act of 1958.............................  85-846
    European Bank for Reconstruction and Development Act (sec.    101-513
     562(c))....................................................
    European Security Act of 1998 (division G, title XXVII).....  105-277
    Exchange Rates and International Economic Policy              100-418
     Coordination Act of 1988 (title III, subtitle A)...........
    Export Administration Act of 1979...........................  96-72
    Export Administration Amendments Act of 1981................  97-145
    Export Administration Amendments Act of 1985................  99-64
    Export Enhancement Act of 1988 (title II)...................  100-418
    Export Enhancement Act of 1992..............................  102-429
    Export Enhancement Act of 1999..............................  106-158
    Export Enhancement Program Amendments of 1994 (title IV,      103-465
     subtitle A, part II, sec. 411(a))..........................
    Export-Import Bank Act Amendments of 1978 (title XIX).......  95-630
    Export-Import Bank Act Amendments of 1986...................  99-472
    Export-Import Bank Act of 1945..............................  79-173
    Export-Import Bank and Tied Aid Credit Amendments of 1988     100-418
     (title III, subtitle D)....................................
    Export-Import Bank Reauthorization Act of 2002..............  107-189
    Export Loans--Assistance....................................  90-390
    Export Trading Company Act of 1982 (title I)................  97-290
    Extending Certain Privileges to Representatives of            82-486
     Organization of American States............................
    Extradition Treaties Implementation Act of 1998.............  105-323
    Fair Trade in Auto Parts Act of 1988 (title II, subtitle A,   100-418
     part II)...................................................
    Famine Prevention and Freedom From Hunger Improvement Act of  106-373
     2000.......................................................
    Fascell Fellowship Act (title X)............................  99-399
    Fascell Fellowship Amendments Act of 1990 (sec. 9)..........  101-454
    Federal Agriculture Improvement and Reform Act of 1996......  104-127
    Federal Aviation Reauthorization Act of 1996................  104-264
    Federal Reports Elimination Act of 1998.....................  105-362
    Federal Reports Elimination and Sunset Act of 1995..........  104-66
    Federal Triangle Development Act............................  100-113
    Financial Institutions Regulatory and Interest Rate Control   95-630
     Act of 1978................................................
    Financial Reports Act of 1988 (title III, subtitle G).......  100-418
    Finding the Government of Iraq in Unacceptable and Material   105-235
     Breach of Its International Obligations....................
    Fisheries Act of 1995.......................................  104-43
    Fisheries Amendments of 1982................................  97-389
    Fisherman's Protective Act of 1967..........................  83-680
    Fishery Conservation Amendments of 1990.....................  101-627
    Fishery Conservation Zone Transition Act....................   95-6
    Floyd D. Spence National Defense Authorization Act for        106-398
     Fiscal Year 2001...........................................
    Food, Agriculture, Conservation, and Trade Act of 1990......  101-624
    Food, Agriculture, Conservation, and Trade Act Amendments of  102-237
     1991.......................................................
    Food and Agriculture Act of 1977............................  95-113
    Food for Progress Act of 1985 (sec. 1110)...................  99-198
    Food Security Act of 1985...................................  99-198
    Foreign Affairs Agencies Consolidation Act of 1998 (division  105-277
     G, subdivision A)..........................................
    Foreign Affairs Reform and Restructuring Act of 1998          105-277
     (division G)...............................................
    Foreign Agents Registration Act Amendments..................  89-486
    Foreign Agents Registration Act of 1938.....................  75-583
    Foreign Assistance Act of 1961..............................  87-195
    Foreign Assistance Act of 1962..............................  87-565
    Foreign Assistance Act of 1963..............................  88-205
    Foreign Assistance Act of 1964..............................  88-633
    Foreign Assistance Act of 1965..............................  89-171
    Foreign Assistance Act of 1966..............................  89-583
    Foreign Assistance Act of 1967..............................  90-137
    Foreign Assistance Act of 1968..............................  90-554
    Foreign Assistance Act of 1969, as amended..................  91-175
    Foreign Assistance Act of 1971..............................  92-226
    Foreign Assistance Act of 1973..............................  93-189
    Foreign Assistance Act of 1974..............................  93-559
    Foreign Assistance and Related Programs Appropriations Act,   98-151
     1984 (sec. 101(b)(1))......................................
    Foreign Corrupt Practices Act Amendments of 1988 (title V,    100-418
     subtitle A, part I)........................................
    Foreign Corrupt Practices Act of 1977 (title I).............  95-213
    Foreign Debt Reserving Act of 1989 (title IV)...............  101-240
    Foreign Direct Investment and International Financial Date    101-533
     Improvements Act of 1990...................................
    Foreign Gifts and Decorations Act of 1966...................  89-673
    Foreign Intelligence Surveillance Act of 1978...............  95-511
    Foreign Investment Study Act of 1974........................  93-479
    Foreign Military Sales Act Amendments, 1971.................  91-672
    Foreign Missions Act (title II).............................  97-241
    Foreign Missions Amendments Act (title VI)..................  98-164
    Foreign Narcotics Kingpin Designation Act (title VIII)......  106-120
    Foreign Operations, Export Financing, and Related Programs    100-202
     Appropriations Act, 1988 (sec. 101(e)).....................
    Foreign Operations, Export Financing, and Related Programs    100-460
     Appropriations Act, 1989...................................
    Foreign Operations, Export Financing, and Related Programs    101-167
     Appropriations Act, 1990...................................
    Foreign Operations, Export Financing, and Related Programs    101-513
     Appropriations Act 1991....................................
    Foreign Operations, Export Financing, and Related Programs    102-391
     Appropriations Act, 1993...................................
    Foreign Operations, Export Financing, and Related Programs    103-306
     Appropriations Act, 1995...................................
    Foreign Operations, Export Financing, and Related Programs    104-208
     Supplemental Appropriations Act, 1997 (title I, sec.
     101(c))....................................................
    Foreign Operations, Export Financing, and Related Programs    106-113
     Appropriations Act, 2000 (H.R. 3422, enacted by reference).
    Foreign Operations, Export Financing, and Related Programs    106-429
     Appropriations Act, 2001...................................
    [Kenneth M. Ludden] Foreign Operations, Export Financing and  107-115
     Related Programs Appropriations Act, 2002..................
    Foreign Operations, Export Financing and Related Programs     108-7
     Appropriations Act, 2003 (division E)......................
    Foreign Operations, Export Financing, and Related Programs    108-199
     Appropriations Act, 2004 (division D)......................
    Foreign Operations, Export Financing, and Related Programs    108-447
     Appropriations Act, 2005 (division D)......................
    Foreign Operations, Export Financing, and Related Programs    109-102
     Appropriations Act, 2006...................................
    Foreign Relations Authorization Act, Fiscal Year 1976.......  94-141
    Foreign Relations Authorization Act, Fiscal Year 1977.......  94-350
    Foreign Relations Authorization Act, Fiscal Year 1978.......  95-105
    Foreign Relations Authorization Act, Fiscal Year 1979.......  95-426
    Foreign Relations Authorization Act, Fiscal Year 2003.......  107-228
    Foreign Relations Authorization Act, Fiscal Years 1986 and    99-93
     1987.......................................................
    Foreign Relations Authorization Act, Fiscal Years 1988 and    100-204
     1989.......................................................
    Foreign Relations Authorization Act, Fiscal Years 1990 and    101-246
     1991.......................................................
    Foreign Relations Authorization Act, Fiscal Years 1992 and    102-138
     1993.......................................................
    Foreign Relations Authorization Act, Fiscal Years 1994 and    103-236
     1995.......................................................
    Foreign Relations Authorization Act, Fiscal Years 1998 and    105-277
     1999 (division G, subdivision B)...........................
    Foreign Relations Authorization Act of 1972.................  92-352
    Foreign Relations Persian Gulf Conflict Emergency             102-20
     Supplemental Authorization Act, Fiscal Year 1991...........
    Foreign Service Act of 1980.................................  96-465
    Foreign Service Buildings Act, 1926.........................  69-186
    Foreign Service Retirement Amendments of 1976 (title V).....  94-350
    Foreign Shipping Practices Act of 1988 (title X)............  100-418
    Foreign Sovereign Immunities Act of 1976....................  94-583
    Forest Resources Conservation and Shortage Relief Act of      101-382
     1990 (title IV)............................................
    Freedom for Russia and Emerging Eurasian Democracies and      102-511
     Open Markets Support Act of 1992 (FREEDOM Support Act).....
    Freedom Investment Act of 2002 (division A, title VI,         107-228
     subtitle E)................................................
    FRIENDSHIP Act..............................................  103-199
    Further Continuing Appropriations, 1985.....................  99-190
    General Government Matters, Department of Commerce, and       87-125
     Related Agencies Appropriation Act, 1962...................
    Generalized System of Preferences Renewal Act of 1984 (title  98-573
     V).........................................................
    Gerald B.H. Solomon Freedom Consolidation Act of 2002.......  107-187
    German-American Day.........................................  103-100
    German Democratic Republic Fishery Agreement................  100-350
    Global AIDS and Tuberculosis Relief Act of 2000.............  106-264
    Global AIDS Research and Relief Act of 2000 (title I).......  106-264
    Global Anti-Semitism Review Act of 2004.....................  108-332
    Global Change Research Act of 1990..........................  101-606
    Global Climate Change Prevention Act of 1990 (title XXIV)...  101-624
    Global Climate Protection Act of 1987 (title XI)............  100-204
    Global Environmental Protection Assistance Act of 1989        101-240
     (title VII)................................................
    Governing International Fishery Agreement With Poland.......  105-384
    Governing International Fishery Agreements With Iceland and   98-623
     the European Economic Community (title I)..................
    Governing International Fishery Agreements With Japan and     97-389
     Spain (title IV)...........................................
    Great Ape Conservation Act of 2000..........................  106-411
    Haitian Refugee Immigration Fairness Act of 1998 (division    105-277
     A, sec. 101(h), title IX)..................................
    HELP Commission Act (division B, sec. 637)..................  108-199
    Helsinki Human Rights Day...................................  103-294
    High Seas Driftnet Fisheries Enforcement Act................  102-582
    High Seas Driftnet Fishing Moratorium Protection Act (title   104-43
     VI)........................................................
    High Seas Fishing Compliance Act of 1995 (title I)..........  104-43
    Higher Education Amendments of 1986.........................  99-498
    Holocaust Victims Redress Act...............................  105-158
    Horn of Africa Recovery and Food Security Act...............  102-274
    Hostage Relief Act of 1980..................................  96-449
    Human Rights, Refugees, and Other Foreign Relations           104-319
     Provisions Act of 1996.....................................
    Humpback Whales Wildlife Sanctuary (West Indies)............  99-630
    ILSA [Iran and Libya Sanctions Act] Extension Act of 2001...  107-24
    Immigration Act of 1990.....................................  101-649
    Immigration and Nationality Act.............................  82-414
    Immigration Reform and Control Act of 1986..................  99-603
    Implementation of Compact of Free Association With Palau....  101-219
    Implementing Agreement for Vienna Convention on Diplomatic    101-62
     Relations..................................................
    Indochinese Refugee and Resettlement Act of 1987 (sec.        100-202
     101(a), title VIII)........................................
    Inspector General Act of 1978...............................  95-452
    Intelligence Authorization Act for Fiscal Year 1985.........  98-618
    Intelligence Authorization Act for Fiscal Year 1996.........  104-93
    Intelligence Authorization Act for Fiscal Year 1997.........  104-293
    Intelligence Authorization Act for Fiscal Year 1998.........  105-107
    Intelligence Authorization Act for Fiscal Year 2000.........  106-120
    Intelligence Reform and Terrorism Prevention Act of 2004....  108-458
    Inter-American Development Bank Act.........................  86-147
    Inter-American Investment Corporation Act (title II, S.       98-473
     2416, enacted by reference)................................
    Intercountry Adoption Act of 2000...........................  106-279
    International Academic Opportunities Act of 2000 (title III)  106-309
    International Anti-Bribery and Fair Competition Act of 1998.  105-366
    International Anti-Corruption and Good Governance Act of      106-309
     2000 (title II)............................................
    International Arms Sales Code of Conduct Act of 1999          106-113
     (subtitle F, title XII, H.R. 3427, enacted by reference)...
    International Atomic Energy Agency Participation Act of 1957  85-177
    International Carriage of Perishable Foodstuffs Act.........  97-325
    International Center Act....................................  90-553
    International Child Abduction Remedies Act..................  100-300
    International Claims Settlement Act of 1949.................  81-455
    International Coffee Agreement Act of 1980..................  96-599
    International Communication Agency Authorization for Fiscal   95-426
     Year 1979 (title II).......................................
    International Communication Agency Authorization Act, Fiscal  96-60
     Years 1980 and 1981 (title II).............................
    International Cooperation in Global Change Research Act of    101-606
     1990 (title II)............................................
    International Cooperation to Protect Biological Diversity...  100-530
    International Debt Management Act of 1988 (title III,         100-418
     subtitle B)................................................
    International Development and Finance Act of 1989...........  101-240
    International Development and Food Assistance Act of 1975...  94-161
    International Development and Food Assistance Act of 1977...  95-88
    International Development and Food Assistance Act of 1978...  95-424
    International Development Association Act...................  86-565
    International Development Cooperation Act of 1979...........  96-53
    International Dolphin Conservation Act of 1992..............  102-523
    International Dolphin Conservation Program Act..............  105-42
    International Emergency Economic Powers Act (title II)......  95-223
    International Energy Emergency Authorities: Extension.......  100-373
    International Environmental Protection Act of 1983 (title     98-164
     VII).......................................................
    International Finance Corporation Act.......................  84-350
    International Financial Institutions Act....................  95-118
    International Forestry Cooperation Act of 1990 (title VI)...  101-513
    International Investment and Trade in Services Survey Act...  94-472
    International Lending Supervision Act of 1983 (title IX)....  98-181
    International Malaria Control Act (title I).................  106-570
    International Maritime and Port Security Act (title IX).....  99-399
    International Money Laundering Abatement and Financial Anti-  107-56
     Terrorism Act of 2001 (title III)..........................
    International Narcotics Control Act of 1985 (title VI)......  99-83
    International Narcotics Control Act of 1986 (title II)......  99-570
    International Narcotics Control Act of 1988 (title IV)......  100-690
    International Narcotics Control Act of 1989.................  101-231
    International Narcotics Control Act of 1990.................  101-623
    International Narcotics Control Corrections Act of 1994.....  103-447
    International Natural Rubber Agreement Appropriation          96-271
     Authorization for Fiscal Year 1981.........................
    International Organizations Immunities Act..................  79-291
    International Parental Kidnapping Crime Act.................  105-173
    International Peacekeeping Act of 1992......................  102-311
    International Religious Freedom Act of 1998.................  105-292
    International Security and Development Assistance             98-151
     Authorization Act of 1983 (sec. 101(b)(2)).................
    International Security and Development Cooperation Act of     96-533
     1980.......................................................
    International Security and Development Cooperation Act of     97-113
     1981.......................................................
    International Security and Development Cooperation Act of     99-83
     1985.......................................................
    International Security Assistance Act of 1977...............  95-92
    International Security Assistance Act of 1978...............  95-384
    International Security Assistance Act of 1979...............  96-92
    International Security Assistance and Arms Export Control     94-329
     Act of 1976................................................
    International Sugar Agreement, 1977, Implementation.........  96-236
    International Trade and Investment Act (title III)..........  98-573
    International Tuberculosis Control Act of 2000 (title II)...  106-264
    Intervention on the High Seas Act...........................  93-248
    Iran and Libya Sanctions Act of 1996........................  104-172
    Iran Claims Settlement (title V)............................  99-93
    Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI)....  102-484
    Iran Nonproliferation Act of 2000...........................  106-178
    Iran Nonproliferation Amendments Act of 2005................  109-112
    Iran Nuclear Proliferation Prevention Act of 2002 (division   107-228
     B, title XIII, subtitle D).................................
    Iraq Liberation Act of 1998.................................  105-338
    Iraq Sanctions Act of 1990 (secs. 586-586J).................  101-513
    Irish Peace Process Cultural and Training Program Act of      105-319
     1998.......................................................
    Japan-United States Friendship Act..........................  94-118
    Japanese Imperial Government Disclosure Act of 2000 (title    106-567
     VIII)......................................................
    Jerusalem Embassy Act of 1995...............................  104-45
    Jobs Through Exports Act of 1992............................  102-549
    Jobs Through Trade Expansion Act of 1994....................  103-392
    Johnson Act--Financial Transactions With Foreign Governments  80-772
    Joint Resolution to Implement the United States Proposal for  94-110
     the Early-Warning System in Sinai..........................
    Jordan Supplemental Economic Assistance Authorization Act of  99-88
     1985 (title IV)............................................
    Kenneth M. Ludden Foreign Operations, Export Financing and    107-115
     Related Programs Appropriations Act, 2002..................
    Latin American Development Act..............................  86-735
    Lebanon Emergency Assistance Act of 1983....................  98-43
    Legislative Branch Appropriation Act, 1961..................  86-628
    Logan Act--Private Correspondence With Foreign Governments..  80-772
    Magnuson-Stevens Fishery Conservation and Management Act of   94-265
     1976.......................................................
    Marine Mammal Protection Act of 1972........................  92-522
    Marine Turtle Conservation Act of 2004......................  108-266
    Mexican Debt Disclosure Act of 1995 (title IV)..............  104-6
    Mexico-United States Interparliamentary Group...............  86-420
    Microenterprise for Self-Reliance Act of 2000 (title I).....  106-309
    Microenterprise for Self-Reliance and International Anti-     106-309
     Corruption Act of 2000.....................................
    Microenterprise Report to Congress..........................  108-31
    Microenterprise Results and Accountability Act of 2004......  108-484
    Micronesian Claims Act of 1971..............................  92-39
    Middle East Peace Facilitation Act of 1993..................  103-125
    Middle East Peace Facilitation Act of 1994 (title V, part E)  103-236
    Middle East Peace Commitments Act of 2002 (division A, title  107-228
     VI, subtitle A)............................................
    Migration and Refugee Assistance Act of 1962................  87-510
    Migratory Bird Treaty Reform Act of 2004 (division E, sec.    108-447
     143).......................................................
    Mike Mansfield Fellowship Act (title II, part C)............  103-236
    Millennium Challenge Act of 2003 (division D, title VI).....  108-199
    Miscellaneous Amendments and Authorization--FYs 1996 and      104-164
     1997.......................................................
    Miscellaneous Appropriations and Offsets Act, 2005 (division  108-447
     J, title I)................................................
    Miscellaneous International Affairs Authorization Act of      100-461
     1988 (S. 2757, enacted by reference).......................
    Miscellaneous Trade and Technical Corrections Act of 1999...  106-36
    Miscellaneous Trade and Technical Corrections Act of 2004...  108-429
    Missile Defense Act of 1991 (title II, part C)..............  102-190
    Most-Favored-Nation Treatment for Cambodia..................  104-203
    Most-Favored-Nation Treatment for People's Republic of        102-158
     Bulgaria...................................................
    Most-Favored-Nation Treatment for People's Republic of        104-162
     Bulgaria...................................................
    Most-Favored-Nation Treatment for Czechoslovakia............  101-541
    Most-Favored Nation Treatment for Mongolian People's          102-157
     Republic...................................................
    Most-Favored-Nation Treatment for Romania...................  104-171
    Most-Favored Nation Treatment for the Union of Soviet         102-197
     Socialist Republics........................................
    Multilateral Development Bank Act of 1985 (sec. 101(i), H.R.  99-190
     2253, enacted by reference)................................
    Multilateral Development Banks Procurement Act (title III,    100-418
     subtitle C)................................................
    Multilateral Development Banks: Sense of Congress (title X).  98-181
    Multilateral Export Control Enhancement Amendments Act        100-418
     (title II, subtitle D, part II)............................
    Multilateral Investment Guarantee Agency Act (sec. 101(e),    100-202
     H.R. 3570, enacted by reference, title IV).................
    Multinational Force and Observers Participation Resolution..  97-132
    Multinational Force in Lebanon Resolution...................  98-119
    Mutual Educational and Cultural Exchange Act of 1961........  87-256
    Mutual Security Act of 1954.................................  83-665
    Mutual Security Act of 1959.................................  86-108
    Mutual Security Act of 1960.................................  86-472
    National Academy of Peace and Conflict Resolution (title XV,  95-561
     part B)....................................................
    National Aeronautics and Space Act of 1958..................  85-568
    National Aeronautics and Space Administration Authorization   94-39
     Act, 1976..................................................
    National Aeronautics and Space Administration Authorization   100-147
     Act of 1988................................................
    National Aeronautics and Space Administration Authorization   100-685
     Act, Fiscal Year 1989......................................
    National Aeronautics and Space Administration Authorization   101-611
     Act, Fiscal Year 1991......................................
    National Aeronautics and Space Administration Authorization   102-195
     Act, Fiscal Year 1992......................................
    National Aeronautics and Space Administration Authorization   102-588
     Act, Fiscal Year 1993......................................
    National and Community Service Act of 1990..................  101-610
    National Critical Materials Act of 1984 (title II)..........  98-373
    National Defense Authorization Act, Fiscal Year 1987........  99-661
    National Defense Authorization Act, Fiscal Year 1989........  100-456
    National Defense Authorization Act for Fiscal Years 1988 and  100-180
     1989.......................................................
    National Defense Authorization Act for Fiscal Years 1990 and  101-189
     1991.......................................................
    National Defense Authorization Act for Fiscal Year 1991.....  101-510
    National Defense Authorization Act for Fiscal Years 1992 and  102-190
     1993.......................................................
    National Defense Authorization Act for Fiscal Year 1993.....  102-484
    National Defense Authorization Act for Fiscal Year 1994.....  103-160
    National Defense Authorization Act for Fiscal Year 1995.....  103-337
    National Defense Authorization Act for Fiscal Year 1996.....  104-106
    National Defense Authorization Act for Fiscal Year 1997.....  104-201
    National Defense Authorization Act for Fiscal Year 1998.....  105-85
    National Defense Authorization Act for Fiscal Year 1999.....  105-262
    National Defense Authorization Act for Fiscal Year 2000.....  106-65
    [Floyd D. Spence] National Defense Authorization Act for      106-398
     Fiscal Year 2001...........................................
    National Defense Authorization Act for Fiscal Year 2002.....  107-107
    [Bob Stump] National Defense Authorization Act for Fiscal     107-314
     Year 2003..................................................
    National Defense Authorization Act for Fiscal Year 2004.....  108-136
    [Ronald W. Reagan] National Defense Authorization Act for     108-375
     Fiscal Year 2005...........................................
    National Defense Authorization Act for Fiscal Year 2006.....  109-163
    National Emergencies Act....................................  94-412
    National Endowment for Democracy Act (title V)..............  98-164
    National Former Prisoners of War Recognition Day............  103-60
    National Missile Defense Act of 1999........................  106-38
    National Science Foundation Act of 1950.....................  81-507
    National Security and Corporate Fairness under the            106-113
     Biological Weapons Convention Act (chapter 2, subtitle A,
     title XI, division B, H.R. 3427, enacted by reference).....
    National Security Council...................................  80-253
    National Shipbuilding and Shipyard Conversion Act of 1993     103-160
     (title XIII, subtitle D)...................................
    National Space Council Authorization Act of 1990............  101-328
    National Terrorist Asset Trading Center.....................  106-346
    NATO Participation Act of 1994 (title II)...................  103-447
    Naval Vessels Transfer Act of 2005..........................  109-134
    Nazi War Crimes Disclosure Act..............................  105-246
    Neotropical Migratory Bird Conservation Act.................  106-247
    Neutrality Act of 1939......................................  76-54
    Nicaraguan Adjustment and Central American Relief Act (title  105-100
     II)........................................................
    Nondiscriminatory Treatment Toward Products of Albania......  102-363
    Nondiscriminatory Treatment Toward Products of Romania......  103-133
    Nonproliferation Assistance Coordination Act of 2002........  107-228
    Nonindigenous Aquatic Nuisance Prevention and Control Act of  101-646
     1990.......................................................
    North American Free Trade Agreement Implementation Act......  103-182
    North Atlantic Treaty Organization Mutual Support Act of      96-323
     1979.......................................................
    North Korea Threat Reduction Act of 1999 (subtitle B, title   106-113
     VIII, division A, H.R. 3427, enacted by reference).........
    North Korean Human Rights Act of 2004.......................  108-333
    North Pacific Anadromous Stocks Act of 1992 (title VIII)....  102-567
    North Pacific Anadromous Stocks Convention Act of 1992        102-587
     (title VIII)...............................................
    Northern Uganda Crisis Response Act.........................  108-283
    Northwest Atlantic Fisheries Convention Act of 1995 (title    104-43
     II)........................................................
    Nuclear Non-Proliferation Act of 1978.......................  95-242
    Nuclear Non-Proliferation Act of 1978--Agreements for         96-280
     Cooperation................................................
    Nuclear Proliferation Prevention Act of 1994 (title VIII)...  103-236
    Nuclear Security Initiative Act of 2003 (title XXXVI).......  108-136
    Nuclear Waste Policy Act of 1982............................  97-425
    Oceans Act of 1992..........................................  102-587
    Oceans Act of 2000..........................................  106-256
    Office of National Drug Control Policy Reauthorization Act    105-277
     of 1998 (division C, title VII)............................
    Oil Pollution Act of 1990...................................  101-380
    Omnibus Consolidated and Emergency Supplemental               105-277
     Appropriations Act for Fiscal Year 1999....................
    Omnibus Consolidated Appropriations for Fiscal Year 1997....  104-208
    Omnibus Diplomatic Security and Antiterrorism Act of 1986...  99-399
    Omnibus Insular Areas Act of 1992...........................  102-247
    Omnibus Trade and Competitiveness Act of 1988...............  100-418
    Operation Desert Shield/Desert Storm Supplemental             102-28
     Appropriations Act, 1991...................................
    Overseas Private Investment Corporation Amendments Act of     100-461
     1988 (H.R. 5263, enacted by reference).....................
    Pacific Charter Commission Act of 2000 (title IV)...........  106-570
    Pacific Salmon Treaty Act of 1985...........................   99-5
    Passport Services Enhancement Act of 2005...................  109-167
    Paul D. Coverdell Fellows Program Act of 2000 (sec. 408)....  106-309
    Paul D. Coverdell World Wise Schools Act of 2000 (title VI).  106-570
    Panama Canal Act of 1979....................................  96-70
    Panama Canal Act Amendments of 1996.........................  104-201
    Panama Canal Commission Authorization Act for Fiscal Year     101-189
     1990 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     101-510
     1991 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     102-190
     1992 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     102-484
     1993 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     103-160
     1994 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     103-337
     1995 (title XXXVI).........................................
    Panama Canal Commission Authorization Act for Fiscal Year     104-106
     1996 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     104-201
     1997 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     105-85
     1998 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     105-261
     1999 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     106-65
     2000 (title XXXV)..........................................
    Par Value Modification Act..................................  92-268
    Par Value Modification Act--Foreign Currency Reports (title   93-110
     II)........................................................
    Peace Corps Act.............................................  87-293
    Peace Corps Act Amendments..................................  89-134
    Peace Corps Authorization for Fiscal Years 1986 and 1987      99-83
     (title XI).................................................
    Peace Corps Authorization for Fiscal Year 1993..............  102-565
    Peace Corps Reauthorization.................................  106-30
    Peace Process in Liberia....................................  102-270
    Persian Gulf Conflict Supplemental Authorization and          102-25
     Personnel Benefits Act of 1991.............................
    Persian Gulf POW/MIA Accountability Act of 2002.............  107-258
    Pesticide Monitoring Improvements Act of 1988 (title IV,      100-418
     subtitle G)................................................
    PLO Commitments Compliance Act of 1989 (title VIII).........  101-246
    President's Emergency Food Assistance Act of 1984 (title      98-473
     III).......................................................
    Prevention of Child Abduction Partnership Act...............  108-370
    Primary Dealers Act of 1988 (title III, subtitle F).........  100-418
    Proliferation Prevention Enhancement Act of 1999 (subtitle    106-113
     E, title XII, H.R. 3427, enacted by reference).............
    Protection and Reduction of Government Secrecy Act (title     103-236
     IX)........................................................
    Protection of Antarctica....................................  101-620
    Protection of Foreign Missions..............................  97-418
    Providing for Increased Participation by the United States    96-259
     in the Inter-American and Asian Development Banks and
     African Development Fund...................................
    Quincentenary of Voyage of Christopher Columbus.............  102-472
    R.M.S. Titanic Maritime Memorial Act of 1986................  99-513
    Radio Broadcasting to Cuba Act..............................  98-111
    Radio Free Afghanistan......................................  107-148
    Radio Free Asia Act of 1998 (title XXXIX)...................  105-261
    Reaffirming North Atlantic Alliance--United States             96-9
     Commitment.................................................
    Reaffirming the Unity of the North Atlantic Alliance          95-287
     Commitment.................................................
    Records Relating to Nazi Warm Crimes........................  104-309
    Refugee Act of 1980.........................................  96-212
    Refugee Education Assistance Act of 1980....................  96-422
    Release of USIA Materials to Museums........................  99-475
    Release of USIA Materials: ``Fragile Ring of Life''.........  104-161
    Release of USIA Materials: VOA, Radio Marti Recordings......  104-269
    Renewal of Import Restrictions--Burmese Freedom and           109-39
     Democracy Act of 2003......................................
    Research and Training for Eastern Europe and the Independent  98-164
     States of the Former Soviet Union Act of 1983 (title VIII).
    Resolution To Promote Peace and Stability in the Middle East   85-7
    Rhinoceros and Tiger Conservation Act of 1994...............  103-391
    Rhinoceros and Tiger Conservation Act of 1998...............  105-312
    Rhinoceros and Tiger Conservation Reauthorization Act of      107-112
     2001.......................................................
    Rio Grande American Canal Extension Act of 1990.............  101-438
    Rio Grande Pollution Correction Act of 1987.................  100-465
    Ronald W. Reagan National Defense Authorization Act for       108-375
     Fiscal Year 2005...........................................
    Russian Democracy Act of 2002...............................  107-246
    Russian Federation Debt for Nonproliferation Act of 2002      107-228
     (division B, title XIII, subtitle B).......................
    Ryukyu Islands Claims Settlement Act........................  89-296
    Sales of Arms to Jordan.....................................  99-162
    Science, State, Justice, Commerce, and Related Agencies       109-108
     Appropriations Act, 2006...................................
    Sea of Okhotsk Fisheries Enforcement Act of 1995 (title V)..  104-43
    Secure Embassy Construction and Counterterrorism Act of 1999  106-113
     (title VI, division A, H.R. 3427, enacted by reference)....
    Security Assistance Act of 1999 (title XII, H.R. 3427,        106-113
     enacted by reference)......................................
    Security Assistance Act of 2000.............................  106-280
    Security Assistance Act of 2002 (division B)................  107-228
    Senator Paul Simon Water for the Poor Act of 2005...........  109-121
    Shark Finning Prohibition Act...............................  106-557
    Silk Road Strategy Act of 1999 (sec. 596, H.R. 3422, enacted  106-113
     by reference)..............................................
    Small Business International Trade and Competitiveness Act    100-418
     (title VII)................................................
    South African Democratic Transition Support Act of 1993.....  103-149
    South Pacific Tuna Act of 1988..............................  100-330
    Soviet Nuclear Threat Reduction Act of 1991 (title II)......  102-228
    Soviet Scientists Immigration Act of 1992...................  102-509
    Special Drawing Rights Act..................................  90-349
    Special Foreign Assistance Act of 1971......................  91-652
    Special Foreign Assistance Act of 1986......................  99-529
    Special International Security Assistance Act of 1979.......  96-35
    Spoils of War Act of 1994 (title V, part B).................  103-236
    State Department Basic Authorities Act of 1956..............  84-885
    State Department/USIA Authorization Act, Fiscal Year 1975...  93-475
    Steel Import Stabilization Act (title VIII).................  98-573
    Strategic and Critical Materials Transaction Authorization    96-175
     Act of 1979................................................
    Striped Bass Conservation, Atlantic Coastal Fisheries         106-555
     Management and Marine Mammal Rescue Assistance Act of 2000.
    Strom Thurmond National Defense Authorization Act for Fiscal  105-261
     Year 1999..................................................
    Sudan Peace Act.............................................  107-245
    Supplemental Appropriations Act of 1993.....................  103-50
    Supplemental Appropriations Act, 1984.......................  98-181
    Supplemental Appropriations Act, 1985.......................  99-88
    Support for East European Democracy (SEED) Act of 1989......  101-179
    Support for Overseas Cooperative Development Act (sec. 401).  106-309
    Survival Assistance for Victims of Civil Strife in Central    101-215
     America....................................................
    Sustainable Fisheries Act...................................  104-297
    Syria Accountability and Lebanese Sovereignty Restoration     108-175
     Act of 2003................................................
    Taiwan's Participation in the World Health Organization.....  108-235
    Taiwan's Participation in the World Health Organization.....  108-28
    Taiwan Relations Act........................................   96-8
    Tariff Act of 1930..........................................  71-361
    Tariff Suspension and Trade Act of 2000.....................  106-476
    Telecommunications Trade Act of 1988 (title I, subtitle C,    100-418
     part 4)....................................................
    Termination of Trade Restrictions to Czechoslovakia and       102-182
     Hungary....................................................
    Terrorist Bombings Convention Implementation Act of 2002....  107-197
    Tibetan Policy Act 2002 (division A, title VI, subtitle B)..  107-228
    To Provide Certain Authorities for the Department of State..  109-140
    To Provide for an Investigation of the Whereabouts of U.S.    103-372
     Citizens Missing From Cyprus Since 1974....................
    Tonkin Gulf Resolution......................................  88-408
    Torture Victim Protection Act of 1991.......................  102-256
    Torture Victims Relief Reauthorization Act of 1999..........  106-87
    Torture Victims Relief Reauthorization Act of 2005..........  109-165
    Tourism Policy and Export Promotion Act of 1992.............  102-372
    Trade Act of 1974...........................................  93-618
    Trade Act of 2002...........................................  107-210
    Trade Agreements Act of 1979................................  96-39
    Trade and Development Act of 2000...........................  106-200
    Trade and Development Enhancement Act of 1983 (title VI,      98-181
     part C)....................................................
    Trade and Tariff Act of 1984................................  98-573
    Trade Deficit Review Commission Act (division A, sec. 127)..  105-277
    Trade Expansion Act of 1962.................................  87-794
    Trade Sanctions Reform and Export Enhancement Act of 2000     106-387
     (title IX).................................................
    Trading With the Enemy Act..................................  65-91
    Trafficking Victims Protection Act of 2000 (division A).....  106-386
    Trafficking Victims Protection Reauthorization Act of 2005..  109-164
    Trans-Alaska Pipeline Authorization Act.....................  93-153
    Transfer of Items To War Reserves Stockpile for Allies,       109-159
     Korea......................................................
    Tropical Forest Conservation Act of 1998 (part V)...........  87-195
    Tropical Forest Conservation Act Reauthorization............  108-323
    Trust Territory of the Pacific Islands Act..................  92-257
    Tuna Conventions Act of 1950................................  81-764
    United Nations Environment Program Participation Act of 1973  93-188
    United Nations Headquarters Agreement Act...................  80-357
    United Nations Participation Act of 1945....................  79-264
    United Nations Reform Act of 1998 (division F, subdivision    105-277
     C).........................................................
    United Nations Reform Act of 1999 (title IX, division A,      106-113
     H.R. 3427, enacted by reference)...........................
    United States-Australia Free Trade Agreement Implementation   108-286
     Act........................................................
    United States-Canada Free Trade Agreement Implementation Act  100-449
     of 1988....................................................
    United States-Chile Free Trade Agreement Implementation Act.  108-77
    United States Government Opposition to the Practice of        98-447
     Torture....................................................
    United States Group of the North Atlantic Treaty              84-689
     Parliamentary Conferences--Participation Resolution........
    United States-Hong Kong Policy Act of 1992..................  102-383
    United States-India Fund for Cultural, Educational, and       98-164
     Scientific Cooperation Act (title IX)......................
    United States Information Agency Authorization for Fiscal     94-350
     Year 1977 (title II).......................................
    United States Information Agency Authorization for Fiscal     95-105
     Year 1978 (title II).......................................
    United States Information Agency Authorization Act, Fiscal    97-241
     Years 1982 and 1983 (title III)............................
    United States Information Agency Authorization Act, Fiscal    98-164
     Years 1984 and 1985 (title II).............................
    United States Information Agency Authorization Act, Fiscal    99-93
     Years 1986 and 1987 (title II).............................
    United States Information Agency Authorization Act, Fiscal    100-204
     Years 1988 and 1989 (title II).............................
    United States Information and Educational Exchange Act of     80-402
     1948.......................................................
    United States Institute for Peace Act (title XVII)..........  98-525
    United States International Broadcasting Act of 1994 (title   103-236
     III).......................................................
    United States-Bahrain Free Trade Agreement Implementation     109-169
     Act........................................................
    United States-Israel Free Trade Area Implementation Act of    99-47
     1985.......................................................
    United States-Japan Fishery Agreement Approval Act of 1987..  100-220
    United States-Jordan Free Trade Area Implementation Act.....  107-43
    United States-Korea Fishery Agreement.......................  100-66
    United States Leadership Against HIV/AIDS, Tuberculosis, and  108-25
     Malaria Act of 2003........................................
    United States-Macau Policy Act of 2000 (title II)...........  106-570
    United States-Morocco Free Trade Agreement Implementation     108-302
     Act........................................................
    United States Policy in Iraq Act (section 1227).............  109-163
    United States Policy Toward Haiti...........................  103-423
    United States Recognition and Participation in International  91-269
     Expositions................................................
    United States Scholarship Program for Developing Countries    99-93
     Authorization, Fiscal Years 1986 & 1987 (title VI).........
    Uniting and Strengthening America By Providing Appropriate    107-56
     Tools Required To Intercept and Obstruct Terrorism (USA
     PATRIOT ACT) Act of 2001...................................
    Urgent Assistance for Democracy in Panama Act of 1990.......  101-243
    Uruguay Rounds Agreements Act...............................  103-465
    U.S.-China Relations Act of 2000............................  106-286
    U.S. Holocaust Assets Commission Act of 1998................  105-186
    U.S. Participation in Certain International Organizations...  81-806
    U.S.-U.S.S.R. Fishing Agreement.............................  100-629
    Victims of Terrorism Compensation Act (title VIII)..........  99-399
    Victims of Trafficking and Violence Protection Act of 2000..  106-386
    Vietnam Education Foundation Act of 2000 (title II).........  106-554
    Visa for Officials of Taiwan................................  103-416
    War Powers Resolution.......................................  93-148
    Weapons of Mass Destruction Control Act of 1992 (title XV)..  102-484
    Western Hemisphere Drug Elimination Act (division C, title    105-277
     VIII)......................................................
    Western Hemisphere Drug Elimination Technical Corrections     106-35
     Act........................................................
    Whaling Convention Act of 1949..............................  81-676
    Wild Bird Conservation Act of 1992..........................  102-440
    Wine Equity and Export Expansion Act of 1984 (title IX).....  98-573
    Withdrawal of MFN From Serbia and Montenegro................  102-420
    World Food Day..............................................  103-108
    Yukon River Salmon Act of 1995 (title VII)..................  104-43
    Yukon River Salmon Act of 2000..............................  106-450
    Zimbabwe Democracy and Economic Recovery Act of 2001........  107-99
    ------------------------------------------------------------------------

                                USE OF THE INDEX

                                  ----------                              _

        The index is organized by subject matter only. Each subject
    entry also includes the legal citation indicating the document
    to which it refers. These legal citations were not chosen on
    the basis of standard legal citation form, but rather for the
    amount of information they provided and for convenience in
    producing a computer-printed index.
        Page references, wherever possible, indicate the exact page
    on which mention of the entry is made. Entries of a more
    general nature that refer to a large section or to an entire
    document are listed with the page on which the reference
    begins.
                                   I N D E X

                                  ----------                              _

                                        AAbduction, child
      Convention on the Civil Aspects
       of International Child Abduction
        Central Authority designation..  EO 12648 Sec 1........       924
      International Child Abduction      PL 100-300............       916
       Remedies Act.
        Admissibility of documents.....  PL 100-300 Sec 6......       919
        Appropriations authorization...  PL 100-300 Sec 12.....       923
        Costs and fees.................  PL 100-300 Sec 8......       921
        Definitions....................  PL 100-300 Sec 3......       917
        Findings and declarations......  PL 100-300 Sec 2......       916
        Information collection,          PL 100-300 Sec 9......       921
         maintenance and dissemination.
        Interagency coordinating group.  PL 100-300 Sec 10.....       922
        Judicial remedies..............  PL 100-300 Sec 4......       918
        Provisional remedies...........  PL 100-300 Sec 5......       919
        United States Central Authority  PL 100-300 Sec 7......       919
    ACDA. See Arms Control and
     Disarmament Act
    Admiral James W. Nance and Meg
     Donovan Foreign Relations
     Authorization Act, FY 2000 and
     2001. See Arms Control and
     Nonproliferation Act of 1999;
     National Security and Corporate
     Fairness under the Biological
     Weapons Convention Act;
     Proliferation Prevention
     Enhancement Act of 1999; United
     Nations Reform Act of 1999
    Adoption
      Intercountry Adoption Act of 2000  PL 106-279............       896
        Accreditation or approval        PL 106-279 Sec 202....       902
         process.
        Accreditation or approval        PL 106-279 Sec 201....       901
         requirements.
        Accreditation or approval        PL 106-279 Sec 203....       903
         standards and procedures.
        Appropriations authorization...  PL 106-279 Sec 403....       911
        Attorney General                 PL 106-279 Sec 103....       900
         responsibilities.
        Children emigrating from the     PL 106-279 Sec 303....       909
         United States.
        Children immigrating to the      PL 106-279 Sec 301....       908
         United States.
        Definitions....................  PL 106-279 Sec 3......       896
        Documents of other countries...  PL 106-279 Sec 402....       911
        Enforcement....................  PL 106-279 Sec 404....       912
        Fees collection................  PL 106-279 Sec 403....       911
        Findings and purposes..........  PL 106-279 Sec 2......       896
        No private right of action.....  PL 106-279 Sec 504....       913
        Recognition of adoptions.......  PL 106-279 Sec 501....       913
        Records access.................  PL 106-279 Sec 401....       910
        Relationship to other laws.....  PL 106-279 Sec 503....       913
        Report requirements............  PL 106-279 Sec 104....       900
        Secretary of State oversight of  PL 106-279 Sec 204....       906
         accreditation or approval.
    Adoption--Continued
      Intercountry Adoption Act of
       2000--Continued
        Secretary of State               PL 106-279 Sec 102....       898
         responsibilities.
        Special rules..................  PL 106-279 Sec 502....       913
        United States Central Authority  PL 106-279 Sec 101....       898
         designation.
    African Union
      Immunities, exemptions and         PL 79-291 Sec 11......       860
       privileges.
    Ambassadors
      Panama Canal authority...........  PL 96-70 Sec 1110.....       749
    American Institute in Taiwan
      Appropriations authorization.....  PL 96-8 Sec 16........       728
      Congressional oversight..........  PL 96-8 Sec 14........       727
      Definitions......................  PL 96-8 Sec 15........       727
      Furnishing property and services   PL 96-8 Sec 9.........       724
       and obtaining services from.
      Reporting requirement............  PL 96-8 Sec 12........       726
      Rules and regulations............  PL 96-8 Sec 13........       727
      Separation of government           PL 96-8 Sec 11........       725
       personnel for employment.
      Services to United States          PL 96-8 Sec 7.........       723
       citizens on Taiwan.
      Severability of provisions.......  PL 96-8 Sec 17........       728
      Taiwan instrumentality...........  PL 96-8 Sec 10........       724
      Tax exempt status................  PL 96-8 Sec 8.........       723
      United States policy.............  PL 96-8 Sec 6.........       723
    American Institute in Taiwan
     Facilities Enhancement Act
      Appropriations authorization.....  PL 106-212 Sec 3......       732
      Findings.........................  PL 106-212 Sec 2......       732
    American Servicemembers' Protection  PL 107-206............       671
     Act of 2002.
      Alliance command arrangements....  PL 107-206 Sec 2009...       679
      Assistance to international        PL 107-206 Sec 2015...       682
       efforts.
      Authority to free members of the   PL 107-206 Sec 2008...       678
       United States Armed Forces
       detained or imprisoned by the
       International Criminal Court.
      Constitutional authorities         PL 107-206 Sec 2011...       680
       exercise.
      Cooperation with the               PL 107-206 Sec 2004...       675
       International Criminal Court
       prohibition.
      Definitions......................  PL 107-206 Sec 2013...       681
      Findings.........................  PL 107-206 Sec 2002...       671
      Nondelegation....................  PL 107-206 Sec 2012...       680
      Prohibition of United States       PL 107-206 Sec 2007...       677
       military assistance to parties
       to the International Criminal
       Court.
      Prohibition on transfer of         PL 107-206 Sec 2006...       677
       classified national security
       information to the International
       Criminal Court.
      Restriction on United States       PL 107-206 Sec 2005...       676
       participation in certain United
       Nations peacekeeping operations.
      Waiver and termination of          PL 107-206 Sec 2003...       673
       prohibitions.
      Withholdings.....................  PL 107-206 Sec 2010...       679
    Antipersonnel landmines
      Moratorium on use by Armed         PL 104-106 Sec 1402...       548
       Forces, report.
                                         PL 105-85 Sec 1309....       530
    Appropriations limitation on         PL 92-544.............       847
     contributions to international
     organizations.
    Armed Forces in Somalia
      Policy...........................  PL 103-160 Sec 1512...       662
    Arms control. See also Biological
     weapons; Chemical weapons;
     Cooperative Threat Reduction;
     National Defense Authorization
     Acts
      Administration of proliferation    EO 12851..............       313
       sanctions.
        Arrow Tactical Anti-Missile      EO 12851 Sec 5........       315
         Program.
        Chemical and biological weapons  EO 12851 Sec 1........       313
        China, report..................  EO 12851 Sec 4........       315
        Delegations....................  EO 12851 Sec 6........       316
        Middle East....................  EO 12851 Sec 3........       315
        Missiles.......................  EO 12851 Sec 2........       313
                                         EO 12851 Sec 2........       314
        Priority.......................  EO 12851 Sec 7........       316
      Atomic Energy Act of 1954........  PL 83-703.............       356
        Acquisition of special nuclear   PL 83-703 Sec 55......       369
         material.
        Authorities of the Atomic        PL 83-703 Sec 84......       378
         Energy Commission regarding
         byproduct material.
        Authority to suspend nuclear     PL 83-703 Sec 132.....       409
         cooperation.
        Commercial licenses............  PL 83-703 Sec 103.....       382
        Conduct resulting in             PL 83-703 Sec 129.....       399
         termination of nuclear exports.
        Congressional review procedures  PL 83-703 Sec 130.....       401
        Consultation with Department of  PL 83-703 Sec 133.....       409
         Defense concerning exports.
        Cooperation with Berlin........  PL 83-703 Sec 125.....       392
        Cooperation with other nations.  PL 83-703 Sec 123.....       386
        Criteria governing United        PL 83-703 Sec 127.....       396
         States nuclear exports.
        Declaration....................  PL 83-703 Sec 1.......       358
        Definitions....................  PL 83-703 Sec 11......       360
        Department of Defense            PL 83-703 Sec 143.....       415
         participation in information
         control.
        Domestic distribution of         PL 83-703 Sec 81......       374
         byproduct material.
        Export licensing procedures....  PL 83-703 Sec 126.....       392
        Export restrictions............  PL 83-703 Sec 134.....       410
        Findings.......................  PL 83-703 Sec 2.......       358
        Fingerprinting for criminal      PL 83-703 Sec 149.....       422
         history record checks.
        Foreign distribution
          Byproduct material...........  PL 83-703 Sec 82......       375
          Source material..............  PL 83-703 Sec 64......       373
          Special nuclear material.....  PL 83-703 Sec 54......       367
        Information and assistance to    PL 83-703 Sec 303.....       425
         congressional committees.
        Information
          Control policy...............  PL 83-703 Sec 141.....       413
          Control restrictions.........  PL 83-703 Sec 145.....       418
          Safeguards...................  PL 83-703 Sec 147.....       418
        International activities.......  PL 83-703 Sec 121.....       386
        International atomic pool......  PL 83-703 Sec 124.....       391
        International cooperation in     PL 83-703 Sec 144.....       415
         information control.
        Joint Committee on Atomic        PL 83-703 Sec 301.....       424
         Energy, abolishment of.
        License for transfers required.  PL 83-703 Sec 62......       373
        License requirements...........  PL 83-703 Sec 101.....       382
        Licenses for utilization and     PL 83-703 Sec 102.....       382
         production facilities for
         industrial or commercial
         purposes.
        Medical therapy and research     PL 83-703 Sec 104.....       383
         and development license
         requirements.
        Military application of atomic   PL 83-703 Sec 91......       379
         energy authorization.
    Arms control--Continued
      Atomic Energy Act of 1954--
       Continued
        Nuclear export procedures......  PL 83-703 Sec 128.....       397
        Nuclear Regulatory Commission    PL 83-703 Sec 111.....       385
         license authority.
        Ownership and custody of         PL 83-703 Sec 83......       376
         byproduct material and
         disposal sites.
        Policies in international        PL 83-703 Sec 122.....       386
         arrangements.
        Prohibitions
          Military application of        PL 83-703 Sec 92......       381
           atomic energy.
          Source material..............  PL 83-703 Sec 69......       374
          Special nuclear material.....  PL 83-703 Sec 57......       370
        Purpose........................  PL 83-703 Sec 3.......       359
        Restricted data classification   PL 83-703 Sec 142.....       414
         and declassification.
        Review.........................  PL 83-703 Sec 58......       372
        Source material................  PL 83-703 Sec 61......       373
        Special nuclear material         PL 83-703 Sec 51......       366
         determination.
        Subsequent international         PL 83-703 Sec 131.....       404
         arrangements.
        Transfer of Joint Committee on   PL 83-703 Sec 302.....       424
         Atomic Energy functions.
        Unclassified information,        PL 83-703 Sec 148.....       420
         prohibition against
         dissemination of.
        Utilization and production       PL 83-703 Sec 109.....       384
         facility license requirements.
      Chemical and Biological Weapons    PL 102-182............       301
       Control and Warfare Elimination
       Act of 1991.
        Determinations regarding use of  PL 102-182 Sec 306....       303
         weapons.
        Duplicative provisions repeal..  PL 102-182 Sec 309....       309
        Export controls................  PL 102-182 Sec 304....       303
        Multilateral efforts...........  PL 102-182 Sec 303....       302
        Purposes.......................  PL 102-182 Sec 302....       301
        Sanctions against use of         PL 102-182 Sec 307....       305
         weapons.
      Chemical Weapons Convention        EO 13128..............       323
       implementation.
      Chemical Weapons Convention        PL 105-277............       214
       Implementation Act of 1998.
        Civil actions..................  PL 105-277 Sec 502(b).       245
        Civil liability of the United    PL 105-277 Sec 103....       219
         States.
        Confidentiality of information.  PL 105-277 Sec 404....       242
        Criminal forfeitures...........  PL 105-277 Sec 229B...       227
        Definitions....................  PL 105-277 Sec 3......       215
                                         PL 105-277 Sec 229F...       229
        Enforcement jurisdiction.......  PL 105-277 Sec 502(a).       245
        Expedited judicial review......  PL 105-277 Sec 503....       246
        Export privileges revocation...  PL 105-277 Sec 211....       231
        Facility agreements with regard  PL 105-277 Sec 302....       231
         to inspections.
        Individual self-defense devices  PL 105-277 Sec 229C...       228
        Injunctions....................  PL 105-277 Sec 229D...       228
        Inspections....................  PL 105-277 Title III..       231
          Authorization................  PL 105-277 Sec 303....       232
          Definitions..................  PL 105-277 Sec 301....       231
          Procedures...................  PL 105-277 Sec 304....       233
          Report.......................  PL 105-277 Sec 309....       239
        Low concentrations of schedule   PL 105-277 Sec 402....       241
         2 and 3 chemicals prohibition.
        Military assistance requests to  PL 105-277 Sec 229E...       229
         enforce prohibition.
        National security exception for  PL 105-277 Sec 307....       239
         inspections.
    Arms control--Continued
      Chemical Weapons Convention
       Implementation Act of 1998--
       Continued
        No abridgement of                PL 105-277 Sec 102....       219
         constitutional rights.
        Penalties......................  PL 105-277 Sec 501....       244
                                         PL 105-277 Sec 229A...       226
        Prohibitions...................  PL 105-277 Sec 602....       246
          Activities...................  PL 105-277 Sec 229....       226
          Acts with regard to            PL 105-277 Sec 306....       239
           inspections.
        Recordkeeping violations.......  PL 105-277 Sec 405....       243
        Reports required by the United   PL 105-277 Sec 401....       240
         States National Authority.
        United States National           PL 105-277 Sec 101....       219
         Authority designation.
        Unscheduled discrete organic     PL 105-277 Sec 403....       241
         chemicals and byproducts in
         waste streams prohibition.
        United States assistance of      PL 105-277 Sec 310....       240
         inspections at private
         facilities.
        Warrants.......................  PL 105-277 Sec 305....       235
      Combatting Proliferation of        PL 104-293............       252
       Weapons of Mass Destruction Act
       of 1996.
        Commission personnel matters...  PL 104-293 Sec 714....       256
        Contributions of foreign         PL 104-293 Sec 722....       258
         persons to efforts of
         countries of concern, report.
        Definition.....................  PL 104-293 Sec 716....       257
        Duties of Commission...........  PL 104-293 Sec 712....       254
        Establishment of Commission....  PL 104-293 Sec 711....       252
        Payment of Commission expenses.  PL 104-293 Sec 717....       257
        Powers of Commission...........  PL 104-293 Sec 713....       255
        Technology acquisition, reports  PL 104-293 Sec 721....       257
        Termination of Commission......  PL 104-293 Sec 715....       257
      Defense Against Weapons of Mass    PL 104-201............       260
       Destruction Act of 1996.
        Allocation transfers among       PL 104-201 Sec 1452...       274
         cooperative threat reduction
         programs.
        Assistance to states of former   PL 104-201 Sec 1453...       275
         Soviet Union, sense of
         Congress.
        Chemical, biological,            PL 104-201 Sec 1414...       265
         radiological, nuclear and high-
         yield explosives response team.
        Comprehensive preparedness       PL 104-201 Sec 1443...       273
         program.
        Contracting policy, sense of     PL 104-201 Sec 1451...       274
         Congress.
        Criminal penalties, sense of     PL 104-201 Sec 1423...       269
         Congress.
        Definitions....................  PL 104-201 Sec 1403...       263
        Detection equipment procurement  PL 104-201 Sec 1421...       269
         for United States border
         security.
        Emergency preparedness for       PL 104-201 Sec 1415...       265
         nuclear, radiological,
         chemical and biological
         weapons.
        Findings.......................  PL 104-201 Sec 1402...       261
        International border security..  PL 104-201 Sec 1424...       270
        Military assistance to civilian  PL 104-201 Sec 1416...       267
         law enforcement officials in
         emergency situations.
        National Coordinator for         PL 104-201 Sec 1441...       271
         Nonproliferation Matters.
        National Security Council        PL 104-201 Sec 1442...       272
         Committee on Nonproliferation.
        Nuclear, chemical, and           PL 104-201 Sec 1413...       264
         biological emergency response.
        Plutonium production             PL 104-201 Sec 1432...       270
         elimination.
    Arms control--Continued
      Defense Against Weapons of Mass
       Destruction Act of 1996--
       Continued
        Policy termination.............  PL 104-201 Sec 1444...       274
        Purchase, packaging and          PL 104-201 Sec 1455...       275
         transportation of fissile
         materials at risk of theft.
        Purchase of low-enriched         PL 104-201 Sec 1454...       275
         uranium derived from Russian
         highly enriched uranium.
        Rapid response information       PL 104-201 Sec 1417...       268
         system.
        Response to threats of           PL 104-201 Sec 1411...       263
         terrorist incidents.
      Defense Against Weapons of Mass    PL 105-261............       248
       Destruction Act of 1998.
        Advisory panel to assess         PL 105-261 Sec 1405...       249
         domestic response capabilities.
        Domestic preparedness for        PL 105-261 Sec 1402...       248
         response to threats of
         terrorist use of weapons.
        Threat and risk assessments....  PL 105-261 Sec 1404...       249
      Department of Defense              PL 98-525.............       626
       Authorization Act, FY 1985.
        Biological and chemical weapon   PL 98-525 Sec 1109....       630
         verification programs, sense
         of Congress.
        Nuclear risk reduction centers   PL 98-525 Sec 1108....       629
         establishment in the United
         States and Soviet Union, sense
         of Congress.
        Nuclear winter findings and      PL 98-525 Sec 1107....       628
         policy implications, report.
        Soviet compliance with arms      PL 98-525 Sec 1106....       628
         control agreements, report.
        Strategic nuclear submarine      PL 98-525 Sec 1101....       626
         force, report.
        Tactical nuclear warheads        PL 98-525 Sec 1104....       627
         withdrawal from Europe, report.
        Theater nuclear weapons and      PL 98-525 Sec 1103....       626
         force structure, report.
        Treaties to prevent nuclear      PL 98-525 Sec 1111....       633
         testing policy.
        United States counterforce       PL 98-525 Sec 1105....       627
         capability, report.
        United States pursuit of         PL 98-525 Sec 1110....       631
         outstanding arms control
         compliance, sense of Congress.
      Department of Defense              PL 99-145.............       621
       Authorization Act, FY 1986.
        Arms control verification        PL 99-145 Sec 1003....       623
         capabilities, study.
        Compliance with existing         PL 99-145 Sec 1001....       621
         strategic offensive arms
         agreements policy.
        Exchange of high-ranking         PL 99-145 Sec 1005....       624
         military and civilian
         personnel with the Soviet
         Union pilot program.
        Nuclear winter findings and      PL 99-145 Sec 1006....       624
         policy implications, report.
        United States-Soviet             PL 99-145 Sec 1004....       624
         negotiations on reduction in
         nuclear arms, sense of
         Congress.
      Department of Defense              PL 99-661.............       617
       Authorization Act, FY 1987.
        Chairman of the Joint Chiefs of  PL 99-661 Sec 1003....       618
         Staff on non-compliance with
         strategic arms agreements,
         report.
        Nuclear risk reduction centers   PL 99-661 Sec 1004....       619
         support, sense of Congress.
    Arms control--Continued
      Department of Defense
       Authorization Act, FY 1987--
       Continued
        Nuclear testing, sense of        PL 99-661 Sec 1002....       617
         Congress.
        SALT II compliance, sense of     PL 99-661 Sec 1001....       617
         Congress.
      Department of Energy Act of 1978--
       Civilian Applications
        Report.........................  PL 95-238 Sec 203.....       354
      Enrichment Oversight Committee...  EO 13085..............       437
        Domestic enrichment services...  EO 13085 Sec 6........       439
        Establishment..................  EO 13085 Sec 1........       437
        Foreign ownership, control or    EO 13085 Sec 5........       438
         influence.
        HEU Agreement oversight........  EO 13085 Sec 4........       438
        Nuclear Regulatory Commission    EO 13085 Sec 7........       439
         coordination.
        Objectives.....................  EO 13085 Sec 2........       437
        Organization...................  EO 13085 Sec 3........       437
      EURATOM Cooperation Act of 1958..  PL 85-846.............       441
        Appropriations authorization...  PL 85-846 Sec 3.......       441
                                         PL 85-846 Sec 4.......       442
        Definitions....................  PL 85-846 Sec 2.......       441
        Liability......................  PL 85-846 Sec 7.......       444
        Purchase authority.............  PL 85-846 Sec 6.......       443
        Sale or lease authority........  PL 85-846 Sec 5.......       443
      Former Soviet Union
       Demilitarization Act of 1992
        Administration of programs.....  PL 102-484 Sec 1421...       146
        Authorization of programs......  PL 102-484 Sec 1412...       144
        Findings.......................  PL 102-484 Sec 1411...       143
      FREEDOM Support Act
        Appropriate congressional        PL 102-511 Sec 508(c).       137
         committees defined.
        Defense conversion authorities   PL 102-511 Sec 505....       135
         funding limitations.
        Eligibility for funds..........  PL 102-511 Sec 502....       132
        Findings.......................  PL 102-511 Sec 501....       131
        Funding authorization..........  PL 102-511 Sec 504....       134
        Funding provisions waiver......  PL 102-511 Sec 507....       136
        International Nonproliferation   PL 102-511 Sec 509....       137
         Initiative.
        Notice of proposed obligations.  PL 102-511 Sec 508(a).       136
        Report to Congress.............  PL 102-511 Sec 508(b).       137
        Research and Development         PL 102-511 Sec 511....       140
         Foundation.
        Soviet weapons destruction.....  PL 102-511 Sec 506....       135
        Special nuclear materials,       PL 102-511 Sec 510....       140
         report.
        States of the former Soviet      PL 102-511 Sec 503....       132
         Union.
      Herbicides and riot control        EO 11850..............       311
       agents, renunciation of war use.
      Highly enriched uranium extracted  EO 13159..............       325
       from nuclear weapons, blocking
       property of the Russian
       Federation government related to
       disposition.
      International Atomic Energy
       Agency cooperation
        Authority to carry out           EO 10841..............       454
         provisions of the Atomic
         Energy Act of 1954.
        Authorization for communication  EO 10899..............       454
         of restricted data by Central
         Intelligence Agency.
        Authorization for communication  EO 11057..............       453
         of restricted data by
         Department of State.
      International Atomic Energy        PL 85-177.............       448
       Agency Participation Act of 1957.
        Appointments...................  PL 85-177 Sec 2.......       448
    Arms control--Continued
      International Atomic Energy
       Agency Participation Act of
       1957--Continued
        Appropriations authorization...  PL 85-177 Sec 5.......       450
        Authority......................  PL 85-177 Sec 4.......       450
        Federal employees..............  PL 85-177 Sec 6.......       450
        Senate advice and consent        PL 85-177 Sec 8.......       451
         refusal.
        United States participation....  PL 85-177 Sec 3.......       449
      Iran and Syria Nonproliferation    PL 106-178............       192
       Act.
        Application of measures to       PL 106-178 Sec 3......       194
         certain foreign persons.
        Definitions....................  PL 106-178 Sec 7......       199
        Exemption from measures........  PL 106-178 Sec 5......       195
        International Space Station      PL 106-178 Sec 6......       196
         restriction on extraordinary
         payments.
        Procedures if measures are not   PL 106-178 Sec 4......       194
         applied.
        Reports........................  PL 106-178 Sec 2......       192
      Iran-Iraq Arms Nonproliferation    PL 102-484............       296
       Act of 1992.
        Application to Iran of certain   PL 102-484 Sec 1603...       297
         Iraq sanctions.
        Definitions....................  PL 102-484 Sec 1608...       299
        Policy.........................  PL 102-484 Sec 1602...       296
        Reporting requirements.........  PL 102-484 Sec 1607...       299
        Sanctions
          Against foreign countries....  PL 102-484 Sec 1605...       297
          Against persons..............  PL 102-484 Sec 1604...       297
        Waiver.........................  PL 102-484 Sec 1606...       298
      Iran Nonproliferation Amendments   PL 109-112............       161
       Act of 2005.
        Findings.......................  PL 109-112 Sec 2......       161
      Iran Nuclear Proliferation         PL 107-228............       186
       Prevention Act of 2002.
        Annual review of IAEA projects.  PL 107-228 Sec 1343...       186
        Reporting requirements.........  PL 107-228 Sec 1344...       187
      National Missile Defense Act of
       1999
        National missile defense policy  PL 106-38 Sec 2.......       213
        Reduction of Russian nuclear     PL 106-38 Sec 3.......       213
         forces policy.
      National Security and Corporate    PL 106-113............       202
       Fairness under the Biological
       Weapons Convention Act.
        Definitions....................  PL 106-113 Sec 1122...       203
        Findings.......................  PL 106-113 Sec 1123...       203
        Nonproliferation program use of  PL 106-113 Sec 1132...       206
         resources.
        Provision of information to      PL 106-113 Sec 1134...       207
         Congress.
        Research and activities by       PL 106-113 Sec 1139...       208
         science and technology centers.
        Science and technology centers   PL 106-113 Sec 1138...       208
         in the former Soviet Union.
        Trial investigations and visits  PL 106-113 Sec 1124...       204
        Weapons-grade material           PL 106-113 Sec 1133...       206
         disposition.
      Nonproliferation and Export        PL 107-228............       168
       Control Assistance, 2003.
        Appropriations authorization...  PL 107-228 Sec 1301...       168
        IAEA budget assessments and      PL 107-228 Sec 1305...       169
         voluntary contributions.
        Reports........................  PL 107-228 Sec 1308...       171
        Scientist relocation...........  PL 107-228 Sec 1304(d)       169
        Technology acquisition programs  PL 107-228 Sec 1302...       168
         for friendly foreign countries.
        Three-year international         PL 107-228 Sec 1309...       173
         strategy.
      Nonproliferation Assistance        PL 107-228............       182
       Coordination Act of 2002.
        Administrative support.........  PL 107-228 Sec 1336...       184
        Authority......................  PL 107-228 Sec 1335(b)       184
    Arms control--Continued
      Nonproliferation Assistance
       Coordination Act of 2002--
       Continued
        Committee on Nonproliferation    PL 107-228 Sec 1334...       183
         Assistance establishment.
        Confidentiality of information.  PL 107-228 Sec 1337...       185
        Consultation...................  PL 107-228 Sec 1339(b)       185
        Definitions....................  PL 107-228 Sec 1333...       183
        Findings.......................  PL 107-228 Sec 1332...       182
        Purposes.......................  PL 107-228 Sec 1335(a)       183
        Report.........................  PL 107-228 Sec 1339(a)       185
        Statutory construction.........  PL 107-228 Sec 1338...       185
      Nonproliferation Provisions in     PL 107-228............       188
       Foreign Relations Authorization
       Act, FY 2003.
        Chemical Weapons Convention      PL 107-228 Sec 1605...       190
         compliance.
        Detailing United States          PL 107-228 Sec 1603...       189
         governmental personnel to
         international organizations.
        Diplomatic presence overseas...  PL 107-228 Sec 1604...       189
        Real-time availability of        PL 107-228 Sec 1602...       189
         seismological data.
        South Asia nuclear and missile   PL 107-228 Sec 1601...       188
         nonproliferation.
      North Korea Threat Reduction Act   PL 106-113............       427
       of 1999.
        Definitions....................  PL 106-113 Sec 823....       428
        Restrictions on nuclear          PL 106-113 Sec 822....       427
         cooperation.
      Nuclear cooperation between the
       United States and China.
        Approval of Agreement of July    PL 99-183.............       446
         23, 1985.
      Nuclear material export
        Low-enriched uranium fuel......  PL 96-280.............       351
        Special material and components  EO 12055..............       353
         to India.
                                         EO 12218..............       352
      Nuclear Non-Proliferation Act of   PL 95-242.............       331
       1978.
        Annual reports.................  PL 95-242 Sec 602.....       346
        Authority to continue            PL 95-242 Sec 405.....       342
         agreements.
        Definitions....................  PL 95-242 Sec 4.......       332
        Developing countries assistance
          Policy.......................  PL 95-242 Sec 501.....       342
          Programs.....................  PL 95-242 Sec 502.....       343
          Report.......................  PL 95-242 Sec 503.....       344
        Environmental protection.......  PL 95-242 Sec 407.....       342
        Exports
          Control requirements.........  PL 95-242 Sec 402.....       339
          Controls.....................  PL 95-242 Sec 309.....       338
          Licensing procedures.........  PL 95-242 Sec 304.....       337
        Initiatives to provide adequate  PL 95-242 Sec 101.....       333
         nuclear fuel supply.
        International safeguard system   PL 95-242 Sec 201.....       336
         strengthening.
        International undertakings.....  PL 95-242 Sec 104.....       334
        Negotiations for safeguard       PL 95-242 Sec 203.....       337
         system.
        Peaceful nuclear activities....  PL 95-242 Sec 403.....       339
        Policy statement...............  PL 95-242 Sec 2.......       331
        Presidential reports...........  PL 95-242 Sec 601.....       344
        Purpose statement..............  PL 95-242 Sec 3.......       332
        Reevaluation of nuclear fuel     PL 95-242 Sec 105.....       335
         cycle.
        Renegotiation of cooperation     PL 95-242 Sec 404.....       341
         agreements.
        Report.........................  PL 95-242 Sec 103.....       334
        Review.........................  PL 95-242 Sec 406.....       342
        Saving clause..................  PL 95-242 Sec 603.....       348
    Arms control--Continued
      Nuclear Non-Proliferation Act of
       1978--Continued
        Training program for safeguard   PL 95-242 Sec 202.....       336
         system.
        Uranium enrichment capacity....  PL 95-242 Sec 102.....       333
      Nuclear non-proliferation          EO 12058..............       349
       functions.
      Nuclear Proliferation Prevention   PL 103-236............       276
       Act of 1994.
        Bilateral and multilateral       PL 103-236 Sec 841....       284
         initiatives.
        Definitions....................  PL 103-236 Sec 830....       283
                                         PL 103-236 Sec 844....       287
        IAEA internal reforms..........  PL 103-236 Sec 842....       285
        Procurement sanction on persons  PL 103-236 Sec 821....       276
         engaging in export activities
         that contribute to
         proliferation.
        Prohibition on assisting         PL 103-236 Sec 824....       280
         proliferation through the
         provision of financing.
        Report on demarches, sense of    PL 103-236 Sec 828....       282
         Congress.
        Reporting requirement..........  PL 103-236 Sec 843....       286
      Nuclear Security Initiative Act    PL 108-136............       164
       of 2003.
        Enhanced collaboration for more  PL 108-136 Sec 3624...       167
         reliable Russian early warning
         systems, sense of Congress.
        Interparliamentary Threat        PL 108-136 Sec 3622...       166
         Reduction Working Group
         establishment.
        Management assessment of threat  PL 108-136 Sec 3611...       164
         reduction and nonproliferation
         programs.
        Nuclear and radiological         PL 108-136 Sec 3631...       167
         security and safety
         discussions between IAEA and
         OECD.
        Russian tactical nuclear         PL 108-136 Sec 3621...       165
         weapons, comprehensive
         inventory.
        United States and NATO           PL 108-136 Sec 3623...       166
         cooperation with Russia on
         ballistic missile defenses,
         sense of Congress.
      Proliferation Prevention           PL 106-113............       209
       Enhancement Act of 1999.
        Automated Export System
          Mandatory use................  PL 106-113 Sec 1252...       210
          Voluntary use, sense of        PL 106-113 Sec 1253...       211
           Congress.
        Definitions....................  PL 106-113 Sec 1256...       212
        Department of State licensing    PL 106-113 Sec 1255...       211
         procedures acceleration.
        Report to Congress.............  PL 106-113 Sec 1254...       211
      Russian Federation Debt Reduction  PL 107-228............       175
       for Nonproliferation Act of 2002.
        Center for an Independent Press  PL 107-228 Sec 1316...       180
         and the Rule of Law
         establishment.
        Congressional consultations....  PL 107-228 Sec 1320...       181
        Debt reduction authority         PL 107-228 Sec 1317...       180
         restriction.
        Debt reduction with other        PL 107-228 Sec 1318...       181
         creditor states, sense of
         Congress.
        Definitions....................  PL 107-228 Sec 1313...       177
        Findings.......................  PL 107-228 Sec 1311(a)       175
        Purposes.......................  PL 107-228 Sec 1311(b)       177
        Reduction of Soviet-era debt     PL 107-228 Sec 1314...       178
         obligations to the United
         States authorization.
        Reports to Congress............  PL 107-228 Sec 1321...       181
    Arms control--Continued
      Russian Federation Debt Reduction
       for Nonproliferation Act of
       2002--Continued
        Russian Federation               PL 107-228 Sec 1315...       179
         Nonproliferation Investment
         Agreement.
        United States policy             PL 107-228 Sec 1319...       181
         implementation, sense of
         Congress.
      Soviet Nuclear Threat Reduction    PL 102-228............       148
       Act of 1991.
        Administration of program......  PL 102-228 Sec 221....       150
        Authorization of program.......  PL 102-228 Sec 212....       149
        Dire emergency supplemental      PL 102-228 Sec 223....       152
         appropriations.
        Emergency airlift authorization  PL 102-228 Sec 301....       152
        Findings.......................  PL 102-228 Sec 211....       148
        Prior notice of obligations to   PL 102-228 Sec 231....       152
         Congress.
        Repayment arrangements.........  PL 102-228 Sec 222....       151
        Reporting requirements.........  PL 102-228 Sec 302....       154
      Soviet Nuclear Threat Reduction--
       Appropriations, FY 1992
        Arms sales restriction to Saudi  PL 102-229 Sec 104....       156
         Arabia and Kuwait.
        Congressional designation of     PL 102-229 Sec 202....       159
         emergency.
        Funds transfer.................  PL 102-229 Sec 108....       157
                                         PL 102-229 Sec 109....       158
        United States recognition of     PL 102-229 Sec 204....       159
         Ukrainian independence, sense
         of the Senate.
      USEC Privatization Act...........  PL 104-134............       429
        Definitions....................  PL 104-134 Sec 3102...       429
        Establishment of private         PL 104-134 Sec 3105...       431
         corporation.
        Method of sale of the United     PL 104-134 Sec 3104...       430
         States Enrichment Corporation.
        Sale of the United States        PL 104-134 Sec 3103...       430
         Enrichment Corporation.
        Transfers to private             PL 104-134 Sec 3106...       432
         corporation.
        Uranium transfers and sales....  PL 104-134 Sec 3112...       432
      Weapons of Mass Destruction        PL 102-484............       289
       Control Act of 1992.
        International nonproliferation   PL 102-484 Sec 1505...       292
         initiative.
        Nonproliferation activities of   PL 102-484 Sec 1503...       290
         Department of Defense and
         Department of Energy, report.
        Nonproliferation technology      PL 102-484 Sec 1504...       291
         initiative.
        Sense of Congress..............  PL 102-484 Sec 1502...       289
      Weapons of mass destruction        EO 12938..............       317
       proliferation.
        Blocking property of             EO 13382..............       328
         proliferators and their
         supporters.
        Department of Commerce controls  EO 12938 Sec 3........       318
        Imposition of controls.........  EO 12938 Sec 2........       317
        International negotiations.....  EO 12938 Sec 1........       317
        Judicial review................  EO 12938 Sec 9........       322
        Measures against foreign         EO 12938 Sec 4........       318
         persons.
        Preservation of authorities....  EO 12938 Sec 8........       321
        Sanctions
          Against foreign countries....  EO 12938 Sec 5........       320
          Duration of..................  EO 12938 Sec 6........       321
          Implementation of............  EO 12938 Sec 7........       321
    Arms Control, Nonproliferation, and
     Security Assistance Act of 1999.
     See National Security and
     Corporate Fairness under the
     Biological Weapons Convention Act;
     Proliferation Prevention
     Enhancement Act of 1999
    Arms Control and Disarmament Act...  PL 87-297.............         6
      Compliance verification..........  PL 87-297 Sec 306.....        14
      Comprehensive compilation of       PL 87-297 Sec 308.....        16
       studies.
      Definitions......................  PL 87-297 Sec 103.....         8
      Dual compensation laws...........  PL 87-297 Sec 402.....        20
      General authority................  PL 87-297 Sec 401.....        17
      Information availability.........  PL 87-297 Sec 305.....        14
      Negotiation management...........  PL 87-297 Sec 304.....        13
      On-site inspection activities
        Definitions....................  PL 87-297 Sec 504.....        26
        Findings.......................  PL 87-297 Sec 501.....        24
        Policy coordination............  PL 87-297 Sec 502.....        25
        Reprogramming notifications      PL 87-297 Sec 503.....        26
         review.
      Patent rights....................  PL 87-297 Sec 302.....        12
      Policy formulation...............  PL 87-297 Sec 303(a)..        12
      Presidential Special               PL 87-297 Sec 201.....         9
       Representatives.
      Prohibitions.....................  PL 87-297 Sec 303(b)..        12
      Purpose..........................  PL 87-297 Sec 102.....         6
      Records negotiation..............  PL 87-297 Sec 307.....        16
      Report to Congress, annual.......  PL 87-297 Sec 403.....        21
      Research authorization...........  PL 87-297 Sec 301.....        10
      Statutory construction...........  PL 87-297 Sec 303(c)..        12
      Visiting scholars program........  PL 87-297 Sec 202.....         9
      World military expenditures and    PL 87-297 Sec 404.....        24
       arms transfers, report.
    Arms Control and Disarmament Act     PL 99-93..............        42
     Authorization, FY 1986 and 1987.
      Chemical weapons banning policy..  PL 99-93 Sec 707......        44
      Crisis stability and control       PL 99-93 Sec 706......        43
       study.
      Geneva structure for negotiating   PL 99-93 Sec 705......        42
       teams use.
      Nuclear winter consequences,       PL 99-93 Sec 708......        45
       joint study policy.
    Arms Control and Disarmament Act     PL 100-213............        40
     Authorization, FY 1988 and 1989.
      Inspector General................  PL 100-213 Sec 6......        41
      Standing Consultative Commission.  PL 100-213 Sec 3......        40
    Arms Control and Disarmament Act     PL 101-216............        38
     Authorization, FY 1990 and 1991.
      Arms control verification........  PL 101-216 Sec 105....        38
      Defense industries conversion,     PL 101-216 Sec 106....        39
       report.
      Implementation and compliance      PL 101-216 Sec 104....        38
       resolution.
    Arms Control and Disarmament Agency
      Appropriations authorization.....  PL 105-277 Sec 2601...        35
      Revitalization of, report........  PL 103-236 Sec 717....        37
    Arms Control and Disarmament Agency
     Authorization, FY 1999
      Foreign relations authorization
        Appropriate congressional        PL 105-277 Sec 2002...        35
         committees, defined.
      United States Arms Control and
       Disarmament Agency
        Appropriations authorization...  PL 105-277 Sec 2601...        35
    Arms Control and Nonproliferation    PL 103-236............        36
     Act of 1994.
      Congressional declarations.......  PL 103-236 Sec 702(a).        36
      Negotiating records..............  PL 103-236 Sec 713(b).        37
      Purpose..........................  PL 103-236 Sec 702(b).        36
      Research and development           PL 103-236 Sec 711....        37
       coordination, report.
      Revitalization of ACDA, report...  PL 103-236 Sec 717....        37
    Arms Control and Nonproliferation    PL 106-113............        29
     Act of 1999.
      Assistant Secretary of State for   PL 106-113 Sec 1112...        31
       Verification and Compliance.
      Definitions......................  PL 106-113 Sec 1102...        30
      Key Verification Assets Fund.....  PL 106-113 Sec 1111...        30
      Protection of United States        PL 106-113 Sec 1117...        33
       companies.
      Seismology data availability.....  PL 106-113 Sec 1116...        33
      START and START II Treaties        PL 106-113 Sec 1114...        32
       monitoring, report.
      Transmittal of summaries           PL 106-113 Sec 1118...        33
       requirement.
      Verification standards...........  PL 106-113 Sec 1115...        33
    Arms Control and Nonproliferation
     Authorization, FY 2003
      Security Assistance Act of 2002
        Key Verification Assets Fund...  PL 107-228 Sec 1102...        27
        Personnel appropriations.......  PL 107-228 Sec 1101(b)        27
        Verification and compliance      PL 107-228 Sec 1101(a)        27
         appropriations.
    Asia
      Nuclear and missile                PL 107-228 Sec 1601...       188
       nonproliferation in southern
       countries.
    Asia-Pacific region
      Response to increased missile      PL 105-261 Sec 1533...       518
       threat, report.
    Assistant Secretaries of State
      Arms control verification and      PL 106-113 Sec 1112...        31
       compliance.
    Atomic Energy Act of 1954..........  PL 83-703.............       356
      Authority to carry out             EO 10841..............       454
       international cooperation
       provisions.
      Authority to suspend nuclear       PL 83-703 Sec 132.....       409
       cooperation.
      Byproduct material
        Authorities of the Atomic        PL 83-703 Sec 84......       378
         Energy Commission.
        Domestic distribution..........  PL 83-703 Sec 81......       374
        Foreign distribution...........  PL 83-703 Sec 82......       375
        Ownership and custody of         PL 83-703 Sec 83......       376
         material and disposal sites.
      Commercial licenses..............  PL 83-703 Sec 103.....       382
      Congressional review procedures..  PL 83-703 Sec 130.....       401
      Cooperation with Berlin..........  PL 83-703 Sec 125.....       392
      Cooperation with other nations...  PL 83-703 Sec 123.....       386
      Declaration......................  PL 83-703 Sec 1.......       358
      Definitions......................  PL 83-703 Sec 11......       360
      Exports
        Consultation with Department of  PL 83-703 Sec 133.....       409
         Defense.
        Restrictions...................  PL 83-703 Sec 134.....       410
      Findings.........................  PL 83-703 Sec 2.......       358
      Information control
        Classification and               PL 83-703 Sec 142.....       414
         declassification of restricted
         data.
        Department of Defense            PL 83-703 Sec 143.....       415
         participation.
        Fingerprinting for criminal      PL 83-703 Sec 149.....       422
         history record checks.
        International cooperation......  PL 83-703 Sec 144.....       415
        Policy.........................  PL 83-703 Sec 141.....       413
        Prohibition against              PL 83-703 Sec 148.....       420
         dissemination of unclassified
         information.
        Restrictions...................  PL 83-703 Sec 145.....       418
        Safeguards.....................  PL 83-703 Sec 147.....       418
      International activities.........  PL 83-703 Sec 121.....       386
      International atomic pool........  PL 83-703 Sec 124.....       391
      Joint Committee on Atomic Energy
        Abolishment....................  PL 83-703 Sec 301.....       424
        Information and assistance to    PL 83-703 Sec 303.....       425
         congressional committees.
    Atomic Energy Act of 1954--
     Continued
      Joint Committee on Atomic Energy--
       Continued
        Transfer of functions..........  PL 83-703 Sec 302.....       424
      Licenses
        Medical therapy and research     PL 83-703 Sec 104.....       383
         and development requirements.
        Nuclear Regulatory Commission    PL 83-703 Sec 111.....       385
         authority.
        Requirements...................  PL 83-703 Sec 101.....       382
        Utilization and production       PL 83-703 Sec 102.....       382
         facilities for industrial or
         commercial purposes.
        Utilization and production       PL 83-703 Sec 109.....       384
         facility requirements.
      Military application of atomic
       energy
        Authority......................  PL 83-703 Sec 91......       379
        Prohibition....................  PL 83-703 Sec 92......       381
      Nuclear exports
        Conduct resulting in             PL 83-703 Sec 129.....       399
         termination.
        Criteria governing.............  PL 83-703 Sec 127.....       396
        Licensing procedures...........  PL 83-703 Sec 126.....       392
        Procedures.....................  PL 83-703 Sec 128.....       397
      Policies in international          PL 83-703 Sec 122.....       386
       arrangements.
      Purpose..........................  PL 83-703 Sec 3.......       359
      Source material
        Determination..................  PL 83-703 Sec 61......       373
        Foreign distribution...........  PL 83-703 Sec 64......       373
        License for transfers required.  PL 83-703 Sec 62......       373
        Prohibition....................  PL 83-703 Sec 69......       374
      Special nuclear material
        Acquisition....................  PL 83-703 Sec 55......       369
        Determination..................  PL 83-703 Sec 51......       366
        Foreign distribution...........  PL 83-703 Sec 54......       367
        Prohibition....................  PL 83-703 Sec 57......       370
        Review.........................  PL 83-703 Sec 58......       372
      Subsequent international           PL 83-703 Sec 131.....       404
       arrangements.
    Atomic Energy Commission
      Central Intelligence Agency        EO 10899..............       454
       authorization for communication
       of restricted data.
      Department of State authorization  EO 11057..............       453
       for communication of restricted
       data.
    Attorney General
      Intercountry adoption              PL 106-279 Sec 103....       900
       responsibilities.
    Authorization for Use of Military    PL 102-1..............       658
     Force Against Iraq Resolution.
      Authorization for use of United    PL 102-1 Sec 2........       658
       States Armed Forces.
      Reports..........................  PL 102-1 Sec 3........       659
    Authorization for Use of Military    PL 107-243............       648
     Force Against Iraq Resolution of
     2002.
      Authorization for use of United    PL 107-243 Sec 3......       651
       States Armed Forces.
      Reports..........................  PL 107-243 Sec 4......       652
      Support for United States          PL 107-243 Sec 2......       651
       diplomatic efforts.
    Authorization for Use of Military    PL 107-40.............       654
     Force in Response to Terrorist
     Attacks of September 11, 2001.
    Authorization for Use of Military
     Force in Somalia
      Findings.........................  PL 103-139 Sec 8151...       660
    Automated Export System
      Mandatory use....................  PL 106-113 Sec 1252...       210
      Report to Congress...............  PL 106-113 Sec 1254...       211
      Voluntary use, sense of Congress.  PL 106-113 Sec 1253...       211
                                        BBiological weapons. See also Arms
     control
      Administration of proliferation    EO 12851 Sec 1........       313
       sanctions.
      Chemical and Biological Weapons    PL 102-182............       301
       Control and Warfare Elimination
       Act of 1991.
        Determinations regarding use...  PL 102-182 Sec 306....       303
        Duplicative provisions repeal..  PL 102-182 Sec 309....       309
        Export controls................  PL 102-182 Sec 304....       303
        Multilateral efforts...........  PL 102-182 Sec 303....       302
        Purposes.......................  PL 102-182 Sec 302....       301
        Sanctions against use..........  PL 102-182 Sec 307....       305
      Emergency preparedness testing...  PL 104-201 Sec 1415...       265
      Emergency response...............  PL 104-201 Sec 1413...       264
      Funds limitation to offensive      PL 104-106 Sec 1208...       114
       warfare program of Russia.
      Funds use limitation for           PL 105-261 Sec 1305...        95
       proliferation prevention
       activities in Russia.
      High-yield explosives response     PL 104-201 Sec 1414...       265
       team.
      Military assistance to civilian    PL 104-201 Sec 1416...       267
       law enforcement officials in
       emergency situations.
      Offensive warfare program of the   PL 103-337 Sec 1207...       118
       former Soviet Union, report.
      Research restrictions in the       PL 108-136 Sec 1304...        56
       former Soviet Union.
      Russian programs, report.........  PL 105-261 Sec 1308...        98
      Verification programs, sense of    PL 98-525 Sec 1109....       630
       Congress.
    Biological Weapons Convention Act.
     See National Security and
     Corporate Fairness under the
     Biological Weapons Convention Act
    Bob Stump National Defense
     Authorization Act, FY 2003. See
     Cooperative Threat Reduction, FY
     2003; National Defense
     Authorization Act, FY 2003
    Border security
      Detection equipment procurement    PL 104-201 Sec 1421...       269
       for United States border.
      International borders............  PL 104-201 Sec 1424...       270
                                        CCentral Intelligence, Director of
      Arms control and disarmament       PL 106-398 Sec 1308(d)        80
       report input.
      National Intelligence Estimate 95- PL 104-201 Sec 1311...       543
       19 review.
    Central Intelligence Agency
      Authorization for communication    EO 10899..............       454
       of restricted Atomic Energy
       Commission data.
    Chemical and Biological Weapons      PL 102-182............       301
     Control and Warfare Elimination
     Act of 1991.
      Determinations regarding use of    PL 102-182 Sec 306....       303
       weapons.
      Duplicative provisions repeal....  PL 102-182 Sec 309....       309
      Export controls..................  PL 102-182 Sec 304....       303
      Multilateral efforts.............  PL 102-182 Sec 303....       302
      Purposes.........................  PL 102-182 Sec 302....       301
      Sanctions against use of weapons.  PL 102-182 Sec 307....       305
    Chemical weapons. See also Arms
     control
      Administration of proliferation    EO 12851 Sec 1........       313
       sanctions.
      Destruction facility in Russia,    PL 104-106 Sec 1209...       115
       funding limitation.
    Chemical weapons--Continued
      Destruction facility in Russia,
       funding limitation--Continued
                                         PL 105-85 Sec 1405....       103
                                         PL 108-136 Sec 1306...        58
                                         PL 108-375 Sec 1303...        52
      Elimination of Russian stockpile.  PL 105-85 Sec 1406....       103
                                         PL 105-261 Sec 1304...        94
                                         PL 106-65 Sec 1305....        89
                                         PL 106-398 Sec 1309...        83
      Emergency preparedness testing...  PL 104-201 Sec 1415...       265
      Emergency response...............  PL 104-201 Sec 1413...       264
      Government contractor employees    PL 107-107 Sec 1204...       482
       authorized to accompany chemical
       weapons inspection teams.
      Herbicides and riot control        EO 11850..............       311
       agents, renunciation of war use.
      High-yield explosives response     PL 104-201 Sec 1414...       265
       team.
      Military assistance to civilian    PL 104-201 Sec 1416...       267
       law enforcement officials in
       emergency situations.
      Negotiations, sense of Congress..  PL 101-189 Sec 1013...       600
      Policy toward banning............  PL 99-93 Sec 707......        44
      Verification programs, sense of    PL 98-525 Sec 1109....       630
       Congress.
    Chemical Weapons Convention
      Assistance for facilities subject  PL 105-85 Sec 1303....       524
       to inspection.
      Compliance with..................  PL 107-228 Sec 1605...       190
      Implementation of................  EO 13128..............       323
      Ratification, sense of Congress..  PL 104-106 Sec 1406...       551
      United States obligations, sense   PL 105-85 Sec 1307....       529
       of Congress.
    Chemical Weapons Convention          PL 105-277............       214
     Implementation Act of 1998.
      Civil actions....................  PL 105-277 Sec 502(b).       245
      Civil liability of the United
       States
        Cause of action authority......  PL 105-277 Sec 103(d).       221
        Recoupment.....................  PL 105-277 Sec 103(e).       221
        Taking of property claims......  PL 105-277 Sec 103(a).       219
        Tort liability.................  PL 105-277 Sec 103(b).       221
        Unauthorized disclosure of       PL 105-277 Sec 103(f).       224
         confidential business
         information sanctions.
        United States confidential       PL 105-277 Sec 103(g).       225
         business information defined.
        Waiver of sovereign immunity...  PL 105-277 Sec 103(c).       221
      Confidentiality of information...  PL 105-277 Sec 404....       242
      Constitutional rights, no          PL 105-277 Sec 102....       219
       abridgement of.
      Criminal forfeitures.............  PL 105-277 Sec 229B...       227
      Definitions......................  PL 105-277 Sec 3......       215
                                         PL 105-277 Sec 229F...       229
      Enforcement jurisdiction.........  PL 105-277 Sec 502(a).       245
      Expedited judicial review........  PL 105-277 Sec 503....       246
      Export privileges revocation.....  PL 105-277 Sec 211....       231
      Implementation of................  EO 13128..............       323
      Individual self-defense devices..  PL 105-277 Sec 229C...       228
      Injunctions......................  PL 105-277 Sec 229D...       228
      Inspections
        Authorization..................  PL 105-277 Sec 303....       232
        Definitions....................  PL 105-277 Sec 301....       231
        Facility agreements............  PL 105-277 Sec 302....       231
        National security exception....  PL 105-277 Sec 307....       239
        Procedures.....................  PL 105-277 Sec 304....       233
        Prohibited acts................  PL 105-277 Sec 306....       239
        Report.........................  PL 105-277 Sec 309....       239
        United States assistance at      PL 105-277 Sec 310....       240
         private facilities.
    Chemical Weapons Convention
     Implementation Act of 1998--
     Continued
      Inspections--Continued
        Warrants.......................  PL 105-277 Sec 305....       235
      Low concentrations of schedule 2   PL 105-277 Sec 402....       241
       and 3 chemicals prohibition.
      Military assistance requests to    PL 105-277 Sec 229E...       229
       enforce prohibition.
      Penalties........................  PL 105-277 Sec 501....       244
                                         PL 105-277 Sec 229A...       226
      Prohibited activities............  PL 105-277 Sec 229....       226
      Prohibitions.....................  PL 105-277 Sec 602....       246
      Recordkeeping violations.........  PL 105-277 Sec 405....       243
      Reports required by the United     PL 105-277 Sec 401....       240
       States National Authority.
      United States National Authority   PL 105-277 Sec 101....       219
       designation.
      Unscheduled discrete organic       PL 105-277 Sec 403....       241
       chemicals and byproducts in
       waste streams prohibition.
    Child abduction, international
      Convention on the Civil Aspects
       of International Child Abduction
        Central Authority designation..  EO 12648 Sec 1........       924
      International Child Abduction      PL 100-300............       916
       Remedies Act.
        Admissibility of documents.....  PL 100-300 Sec 6......       919
        Appropriations authorization...  PL 100-300 Sec 12.....       923
        Costs and fees.................  PL 100-300 Sec 8......       921
        Definitions....................  PL 100-300 Sec 3......       917
        Findings and declarations......  PL 100-300 Sec 2......       916
        Information collection,          PL 100-300 Sec 9......       921
         maintenance and dissemination.
        Interagency coordinating group.  PL 100-300 Sec 10.....       922
        Judicial remedies..............  PL 100-300 Sec 4......       918
        Provisional remedies...........  PL 100-300 Sec 5......       919
        United States Central Authority  PL 100-300 Sec 7......       919
    Child health revolution............  PL 98-198.............       925
    Children
      Child health revolution..........  PL 98-198.............       925
      Convention on the Civil Aspects
       of International Child Abduction
        Central Authority designation..  EO 12648 Sec 1........       924
      Extradition Treaties
       Interpretation Act of 1998
        Findings.......................  PL 105-323 Sec 202....       915
        Interpretation of treaties.....  PL 105-323 Sec 203....       915
      Intercountry Adoption Act of 2000  PL 106-279............       896
        Accreditation or approval
          Process......................  PL 106-279 Sec 202....       902
          Requirements.................  PL 106-279 Sec 201....       901
          Standards and procedures.....  PL 106-279 Sec 203....       903
        Appropriations authorization...  PL 106-279 Sec 403....       911
        Attorney General                 PL 106-279 Sec 103....       900
         responsibilities.
        Children emigrating from the     PL 106-279 Sec 303....       909
         United States.
        Children immigrating to the      PL 106-279 Sec 301....       908
         United States.
        Definitions....................  PL 106-279 Sec 3......       896
        Documents of other countries...  PL 106-279 Sec 402....       911
        Enforcement....................  PL 106-279 Sec 404....       912
        Fees collection................  PL 106-279 Sec 403....       911
        Findings and purposes..........  PL 106-279 Sec 2......       896
        No private right of action.....  PL 106-279 Sec 504....       913
        Recognition of adoptions.......  PL 106-279 Sec 501....       913
        Records access.................  PL 106-279 Sec 401....       910
        Relationship to other laws.....  PL 106-279 Sec 503....       913
        Report requirements............  PL 106-279 Sec 104....       900
    Children--Continued
      Intercountry Adoption Act of
       2000--Continued
        Secretary of State
          Oversight of accreditation or  PL 106-279 Sec 204....       906
           approval.
          Responsibilities.............  PL 106-279 Sec 102....       898
        Special rules..................  PL 106-279 Sec 502....       913
        United States Central Authority  PL 106-279 Sec 101....       898
         designation.
      International Child Abduction      PL 100-300............       916
       Remedies Act.
        Admissibility of documents.....  PL 100-300 Sec 6......       919
        Appropriations authorization...  PL 100-300 Sec 12.....       923
        Costs and fees.................  PL 100-300 Sec 8......       921
        Definitions....................  PL 100-300 Sec 3......       917
        Findings and declarations......  PL 100-300 Sec 2......       916
        Information collection,          PL 100-300 Sec 9......       921
         maintenance and dissemination.
        Interagency coordinating group.  PL 100-300 Sec 10.....       922
        Judicial remedies..............  PL 100-300 Sec 4......       918
        Provisional remedies...........  PL 100-300 Sec 5......       919
        United States Central Authority  PL 100-300 Sec 7......       919
    China
      Certification of missile           PL 105-261 Sec 1512...       510
       equipment or technology.
      Nuclear cooperation with the       PL 99-183.............       446
       United States.
      Weapons proliferation report.....  EO 12851 Sec 4........       315
    China (People's Republic of). See
     People's Republic of China
    CIA. See Central Intelligence
     Agency
    Classified information
      Prohibition on transfer to the     PL 107-206 Sec 2006...       677
       International Criminal Court.
    Combatting Proliferation of Weapons  PL 104-293............       252
     of Mass Destruction Act of 1996.
      Commission personnel matters.....  PL 104-293 Sec 714....       256
      Contributions of foreign persons   PL 104-293 Sec 722....       258
       to efforts of countries of
       concern, report.
      Definition.......................  PL 104-293 Sec 716....       257
      Duties of Commission.............  PL 104-293 Sec 712....       254
      Establishment of Commission to     PL 104-293 Sec 711....       252
       Assess the Organization of the
       Federal Government to Combat the
       Proliferation of Weapons of Mass
       Destruction.
      Payment of Commission expenses...  PL 104-293 Sec 717....       257
      Powers of Commission.............  PL 104-293 Sec 713....       255
      Technology acquisition, reports..  PL 104-293 Sec 721....       257
      Termination of Commission........  PL 104-293 Sec 715....       257
    Commerce, Department of
      Chemical Weapons Convention        EO 13128..............       323
       implementation.
      Release of export information to   PL 105-261 Sec 1522...       516
       other agencies for national
       security assessment.
      Weapons of mass destruction        EO 12938 Sec 3........       318
       proliferation.
    Commission to Assess the Ballistic
     Missile Threat to the United
     States
      Administrative provisions........  PL 104-201 Sec 1327...       546
      Duties...........................  PL 104-201 Sec 1322...       545
      Establishment of.................  PL 104-201 Sec 1321...       544
      Funding..........................  PL 104-201 Sec 1328...       546
      Personnel matters................  PL 104-201 Sec 1326...       546
      Powers...........................  PL 104-201 Sec 1324...       545
    Commission to Assess the Ballistic
     Missile Threat to the United
     States--Continued
      Procedures.......................  PL 104-201 Sec 1325...       545
      Report...........................  PL 104-201 Sec 1323...       545
      Termination......................  PL 104-201 Sec 1329...       547
    Computers, high-performance
      End-use verification for use by    PL 106-65 Sec 1407....       499
       People's Republic of China.
      Exporting to People's Republic of  PL 106-65 Sec 1406....       499
       China, report.
    Convention on the Civil Aspects of
     International Child Abduction
      Central Authority designation....  EO 12648 Sec 1........       924
    Conventional Forces in Europe        PL 102-228............       148
     Treaty Implementation Act of 1991.
      Soviet weapons destruction
        Administration of program......  PL 102-228 Sec 221....       150
        Authorization of program.......  PL 102-228 Sec 212....       149
        Dire emergency supplemental      PL 102-228 Sec 223....       152
         appropriations.
        Emergency airlift authorization  PL 102-228 Sec 301....       152
        Findings.......................  PL 102-228 Sec 211....       148
        Prior notice of obligations to   PL 102-228 Sec 231....       152
         Congress.
        Repayment arrangements.........  PL 102-228 Sec 222....       151
        Reporting requirements.........  PL 102-228 Sec 302....       154
    Cooperative Threat Reduction, FY     PL 103-160............       123
     1994.
      States of the former Soviet Union
        Appropriate congressional        PL 103-160 Sec 1208...       129
         committees defined.
        Authorization for additional FY  PL 103-160 Sec 1209...       129
         1993 assistance.
        Demilitarization Enterprise      PL 103-160 Sec 1204...       126
         Fund.
        Findings.......................  PL 103-160 Sec 1202...       124
        Funding authorization..........  PL 103-160 Sec 1205...       128
        Funds obligation, prior notice   PL 103-160 Sec 1206...       128
         to Congress requirement.
        Programs authorization.........  PL 103-160 Sec 1203...       124
    Cooperative Threat Reduction, FY     PL 103-337............       116
     1995.
      States of the former Soviet Union
        Funding limitations............  PL 103-337 Sec 1206...       117
        Nuclear arsenal dismantlement,   PL 103-337 Sec 1209...       121
         sense of Congress.
        Offensive biological warfare     PL 103-337 Sec 1207...       118
         program, report.
        Program coordination...........  PL 103-337 Sec 1208...       121
        Weapons of mass destruction,     PL 103-337 Sec 1204...       117
         control and accountability of
         materials, report.
    Cooperative Threat Reduction, FY     PL 104-106............       110
     1996.
      States of the former Soviet Union
        Chemical weapons destruction     PL 104-106 Sec 1209...       115
         facility funds use limitation.
        Funding allocations............  PL 104-106 Sec 1202...       111
        Funds obligation, prior notice   PL 104-106 Sec 1205...       113
         to Congress requirement.
        Nuclear weapons scientists,      PL 104-106 Sec 1207...       114
         limitation on assistance.
        Offensive biological warfare     PL 104-106 Sec 1208...       114
         program funds limitation.
        Peacekeeping activities funds    PL 104-106 Sec 1203...       113
         use prohibition.
        Specification of programs......  PL 104-106 Sec 1201...       111
        Weapons destruction assistance   PL 104-106 Sec 1204...       113
         authority.
    Cooperative Threat Reduction, FY     PL 104-201............       106
     1997.
      States of the former Soviet Union
        Funding allocations............  PL 104-201 Sec 1502...       107
    Cooperative Threat Reduction, FY
     1997--Continued
      States of the former Soviet
       Union--Continued
        Funds availability.............  PL 104-201 Sec 1505...       109
        Funds use limitation until       PL 104-201 Sec 1504...       109
         report submission.
        Funds use prohibition..........  PL 104-201 Sec 1503...       108
        Specification of programs......  PL 104-201 Sec 1501...       107
    Cooperative Threat Reduction, FY     PL 105-85.............       100
     1998.
      States of the former Soviet Union
        Funding allocations............  PL 105-85 Sec 1402....       101
        Funds use limitation
          Chemical weapons destruction.  PL 105-85 Sec 1406....       103
          Chemical weapons destruction   PL 105-85 Sec 1405....       103
           facility.
          Fissile material storage       PL 105-85 Sec 1407....       104
           facility.
          START II Treaty..............  PL 105-85 Sec 1404....       103
          Weapons storage security.....  PL 105-85 Sec 1408....       104
        Funds use prohibition..........  PL 105-85 Sec 1403....       102
        Payment of taxes, duties, and    PL 105-85 Sec 1409....       105
         other assessments on
         assistance, report.
        Specification of programs and    PL 105-85 Sec 1401....       101
         funds.
    Cooperative Threat Reduction, FY     PL 105-261............        92
     1999.
      States of the former Soviet Union
        Appropriations request summary   PL 105-261 Sec 1307...        97
         submission requirement.
        Biological weapons programs in   PL 105-261 Sec 1308...        98
         Russia, report.
        Cooperative counter              PL 105-261 Sec 1306...        96
         proliferation program.
        Funding allocations............  PL 105-261 Sec 1302...        93
        Funds use limitation
          Biological weapons             PL 105-261 Sec 1305...        95
           proliferation prevention.
          Chemical weapons destruction.  PL 105-261 Sec 1304...        94
        Funds use prohibition..........  PL 105-261 Sec 1303...        94
        Specification of programs and    PL 105-261 Sec 1301...        93
         funds.
        Weapons of mass destruction      PL 105-261 Sec 1309...        99
         programs, report on
         individuals with expertise.
    Cooperative Threat Reduction, FY     PL 106-65.............        86
     2000.
      States of the former Soviet Union
        Expanded Threat Reduction        PL 106-65 Sec 1309....        91
         Initiative, report.
        Funding allocations............  PL 106-65 Sec 1302....        87
        Funds use limitation
          Chemical weapons destruction.  PL 106-65 Sec 1305....        89
          Fissile material storage       PL 106-65 Sec 1304....        89
           facility.
          Until certification            PL 106-65 Sec 1310....        91
           submission.
          Until report submission......  PL 106-65 Sec 1306....        90
        Funds use prohibition..........  PL 106-65 Sec 1303....        88
        Report submission requirement..  PL 106-65 Sec 1308....        90
        Russian nonstrategic nuclear     PL 106-65 Sec 1312....        91
         arms, sense of Congress.
        Specification of programs and    PL 106-65 Sec 1301....        87
         funds.
    Cooperative Threat Reduction, FY     PL 106-398............        76
     2001.
      States of the former Soviet Union
        Activities and assistance,       PL 106-398 Sec 1308...        80
         reports.
        Audits, report.................  PL 106-398 Sec 1311...        84
        Chemical weapons elimination...  PL 106-398 Sec 1309...        83
        Elimination of conventional      PL 106-398 Sec 1303...        78
         weapons funds use prohibition.
        Funding allocations............  PL 106-398 Sec 1302...        77
        Funds use limitation
          Construction of fossil fuel    PL 106-398 Sec 1307...        79
           energy plants, report.
    Cooperative Threat Reduction, FY
     2001--Continued
      States of the former Soviet
       Union--Continued
        Funds use limitation--Continued
          Elimination of Weapons Grade   PL 106-398 Sec 1310...        84
           Plutonium Program.
          Fissile material storage       PL 106-398 Sec 1304...        79
           facility.
                                         PL 107-107 Sec 1305...        74
        Nuclear weapons storage sites    PL 106-398 Sec 1306...        79
         agreement.
        Revenue use requirement........  PL 107-107 Sec 1304...        74
        Specification of programs and    PL 106-398 Sec 1301...        77
         funds.
    Cooperative Threat Reduction, FY     PL 107-107............        71
     2002.
      States of the former Soviet Union
        Construction activities funds    PL 107-107 Sec 1306...        74
         use prohibition.
        Funding allocations............  PL 107-107 Sec 1302...        72
        Funds use limitation
          Until report submission......  PL 107-107 Sec 1303...        74
          Warhead dismantlement          PL 106-398 Sec 1305...        79
           processing.
        Specification of programs and    PL 107-107 Sec 1301...        72
         funds.
    Cooperative Threat Reduction, FY     PL 107-314............        62
     2003.
      Department of Energy programs
        Elimination of weapons grade     PL 107-314 Sec 3151...        67
         plutonium production in Russia.
      States of the former Soviet Union
        Funding allocations............  PL 107-314 Sec 1302...        63
        Funds use prohibition
          Fissile material storage       PL 107-314 Sec 1305...        66
           facility.
          Until report submission......  PL 107-314 Sec 1303...        65
        Limited waiver of restrictions   PL 107-314 Sec 1306...        66
         on use of funds.
        Revenue use, report............  PL 107-314 Sec 1304...        65
        Specification of programs and    PL 107-314 Sec 1301...        63
         funds.
    Cooperative Threat Reduction, FY     PL 108-136............        53
     2004.
      Nuclear security initiative
        Management assessment of threat  PL 108-136 Sec 3611...        60
         reduction and nonproliferation
         programs.
      States of the former Soviet Union
        Biological research              PL 108-136 Sec 1304...        56
         restrictions.
        Certification on use of          PL 108-136 Sec 1307...        58
         facilities.
        Chemical weapons destruction     PL 108-136 Sec 1306...        58
         facility in Russia funding
         limitation waiver.
        Funding allocations............  PL 108-136 Sec 1302...        54
        Funds use authority............  PL 108-136 Sec 1308...        58
        On-site manager requirements...  PL 108-136 Sec 1305...        57
        Permit requirements............  PL 108-136 Sec 1303...        55
        Specification of programs and    PL 108-136 Sec 1301...        54
         funds.
    Cooperative Threat Reduction, FY     PL 108-375............        50
     2005.
      States of the former Soviet Union
        Chemical weapons destruction     PL 108-375 Sec 1303...        52
         facility in Russia funding
         limitation waiver.
        Funding allocations............  PL 108-375 Sec 1302...        51
        Specification of programs and    PL 108-375 Sec 1301...        51
         funds.
    Cooperative Threat Reduction, FY     PL 109-163............        46
     2006.
      States of the former Soviet Union
        Elimination of impediments to    PL 109-163 Sec 1304...        48
         programs, report.
        Funding allocations............  PL 109-163 Sec 1302...        47
        Specification of programs and    PL 109-163 Sec 1301...        46
         funds.
        Waiver of restrictions on use    PL 109-163 Sec 1303...        48
         of funds.
    Council of the Organization of
     American States
      Privileges to representatives of   PL 82-486.............       862
       member states.
    Crime prevention
      Foreign missions
        Protection reimbursements,       EO 12478..............       877
         transfer of authority to the
         Secretary of State.
      Protection and prevention of       18 USC................       867
       crimes against internationally
       protected persons.
        Conspiracy to murder...........  18 USC Sec 1117.......       872
        Kidnapping.....................  18 USC Sec 1201.......       872
        Murder or manslaughter.........  18 USC Sec 1116.......       870
        Property occupied by foreign     18 USC Sec 970........       869
         governments.
        Protection of foreign officials  18 USC Sec 112........       867
         and official guests.
        Threats and extortion..........  18 USC Sec 878........       869
      Protection of foreign diplomatic
       missions by the United States
       Secret Service
        Powers, authorities and duties   18 USC Sec 3056A......       875
         of Uniformed Division.
    Criminal Court, International. See
     International Criminal Court
    CTR. See Cooperative Threat
     Reduction
    Cuban Resolution...................  PL 87-733.............       684
                                        DDefense, Department of. See also
     Department of Defense
     Authorization Acts; National
     Defense Authorization Acts
      Chemical Weapons Convention        EO 13128..............       323
       implementation.
      Consultation concerning exports..  PL 83-703 Sec 133.....       409
      Export controls
        Activities authority...........  PL 105-261 Sec 1521...       515
        Execution of objection           PL 105-261 Sec 1524...       517
         authority.
      Nonproliferation activities,       PL 102-484 Sec 1503...       290
       report.
      Nuclear material information       PL 83-703 Sec 143.....       415
       control.
      Nuclear security initiative
        Management assessment of threat  PL 108-136 Sec 3611...        60
         reduction and nonproliferation
         programs.
                                         PL 108-136 Sec 3611...       164
    Defense Against Weapons of Mass      PL 104-201............       260
     Destruction Act of 1996.
      Allocation transfers among         PL 104-201 Sec 1452...       274
       cooperative threat reduction
       programs.
      Assistance to states of former     PL 104-201 Sec 1453...       275
       Soviet Union, sense of Congress.
      Chemical, biological,              PL 104-201 Sec 1414...       265
       radiological, nuclear and high-
       yield explosives response team.
      Comprehensive preparedness         PL 104-201 Sec 1443...       273
       program.
      Contracting policy, sense of       PL 104-201 Sec 1451...       274
       Congress.
      Criminal penalties, sense of       PL 104-201 Sec 1423...       269
       Congress.
      Definitions......................  PL 104-201 Sec 1403...       263
      Detection equipment procurement    PL 104-201 Sec 1421...       269
       for United States border
       security.
      Emergency preparedness testing     PL 104-201 Sec 1415...       265
       for nuclear, radiological,
       chemical and biological weapons.
      Findings.........................  PL 104-201 Sec 1402...       261
      International border security....  PL 104-201 Sec 1424...       270
    Defense Against Weapons of Mass
     Destruction Act of 1996--Continued
      Military assistance to civilian    PL 104-201 Sec 1416...       267
       law enforcement officials in
       emergency situations.
      National Coordinator for           PL 104-201 Sec 1441...       271
       Nonproliferation Matters.
      National Security Council          PL 104-201 Sec 1442...       272
       Committee on Nonproliferation.
      Nuclear, chemical, and biological  PL 104-201 Sec 1413...       264
       emergency response.
      Plutonium production elimination.  PL 104-201 Sec 1432...       270
      Policy termination...............  PL 104-201 Sec 1444...       274
      Purchase, packaging and            PL 104-201 Sec 1455...       275
       transportation of fissile
       materials at risk of theft,
       sense of Congress.
      Purchase of low-enriched uranium   PL 104-201 Sec 1454...       275
       derived from Russian highly
       enriched uranium.
      Rapid response information system  PL 104-201 Sec 1417...       268
      Response to threats of terrorist   PL 104-201 Sec 1411...       263
       incidents.
    Defense Against Weapons of Mass      PL 105-261............       248
     Destruction Act of 1998.
      Advisory panel to assess domestic  PL 105-261 Sec 1405...       249
       response capabilities.
      Domestic preparedness for          PL 105-261 Sec 1402...       248
       response to threats of terrorist
       use of weapons.
      Threat and risk assessments......  PL 105-261 Sec 1404...       249
    Defense Threat Reduction Agency
      Enhancement of activities........  PL 106-65 Sec 1409....       500
    Demilitarization. See Former Soviet
     Union Demilitarization Act of 1992
    Demilitarization Enterprise Fund
      Consultation requirement.........  PL 103-160 Sec 1204(h)       128
      Designation of...................  PL 103-160 Sec 1204(a)       126
      Eligible organizations...........  PL 103-160 Sec 1204(e)       127
      Experience of other Enterprise     PL 103-160 Sec 1204(g)       127
       Funds.
      Grant authority..................  PL 103-160 Sec 1204(c)       127
      Initial implementation...........  PL 103-160 Sec 1204(i)       128
      Operational provisions...........  PL 103-160 Sec 1204(f)       127
      Purpose of.......................  PL 103-160 Sec 1204(b)       126
      Risk capital funding.............  PL 103-160 Sec 1204(d)       127
      Termination of designation.......  PL 103-160 Sec 1204(j)       128
    Department of Defense Authorization  PL 98-525.............       626
     Act, FY 1985.
      Biological and chemical weapon     PL 98-525 Sec 1109....       630
       verification programs, sense of
       Congress.
      Nuclear risk reduction centers     PL 98-525 Sec 1108....       629
       establishment in the United
       States and Soviet Union, sense
       of Congress.
      Nuclear winter findings and        PL 98-525 Sec 1107....       628
       policy implications, report.
      Soviet compliance with arms        PL 98-525 Sec 1106....       628
       control agreements, report.
      Strategic nuclear submarine        PL 98-525 Sec 1101....       626
       force, report.
      Tactical nuclear warheads          PL 98-525 Sec 1104....       627
       withdrawal from Europe, report.
      Theater nuclear weapons and force  PL 98-525 Sec 1103....       626
       structure, report.
      Treaties to prevent nuclear        PL 98-525 Sec 1111....       633
       testing policy.
      United States counterforce         PL 98-525 Sec 1105....       627
       capability, report.
      United States pursuit of           PL 98-525 Sec 1110....       631
       outstanding arms control
       compliance, sense of Congress.
    Department of Defense Authorization  PL 99-145.............       621
     Act, FY 1986.
      Arms control verification          PL 99-145 Sec 1003....       623
       capabilities, study.
      Compliance with existing           PL 99-145 Sec 1001....       621
       strategic offensive arms
       agreements policy.
      Exchange of high-ranking military  PL 99-145 Sec 1005....       624
       and civilian personnel with the
       Soviet Union pilot program.
      Nuclear winter findings and        PL 99-145 Sec 1006....       624
       policy implications, report.
      United States-Soviet negotiations  PL 99-145 Sec 1004....       624
       on reduction in nuclear arms,
       sense of Congress.
    Department of Defense Authorization  PL 99-661.............       617
     Act, FY 1987.
      Chairman of the Joint Chiefs of    PL 99-661 Sec 1003....       618
       Staff on United States non-
       compliance with strategic arms
       agreements, report.
      Nuclear risk reduction centers     PL 99-661 Sec 1004....       619
       support, sense of Congress.
      Nuclear testing, sense of          PL 99-661 Sec 1002....       617
       Congress.
      SALT II compliance, sense of       PL 99-661 Sec 1001....       617
       Congress.
    Department of Energy Act of 1978--
     Civilian Applications
      Report...........................  PL 95-238 Sec 203.....       354
    Department of State Authorization    PL 107-228............       826
     Act, FY 2003.
      United Nations
        Department of State efforts to   PL 107-228 Sec 409....       829
         place United States citizens
         in positions of employment.
        Membership of United States in   PL 107-228 Sec 407....       828
         UNESCO, sense of Congress.
        Promotion of sound financial     PL 107-228 Sec 404....       827
         practices.
        Secret ballot use..............  PL 107-228 Sec 406....       828
        United States membership on      PL 107-228 Sec 408....       828
         Commission on Human Rights and
         International Narcotics
         Control Board.
    Deputy Under Secretary of Defense
     for Technology Security
      Export control...................  PL 105-261 Sec 1521...       515
    Diplomatic immunity. See Diplomatic
     Relations Act
    Diplomatic missions in the United
     States. See Foreign diplomatic
     missions in the United States,
     protection of
    Diplomatic reciprocity
      Equivalency of representation
       between United States and
       hostile powers
        Sense of Congress..............  PL 98-618 Sec 601.....       893
      Soviet employees at United States  PL 99-93 Sec 136......       896
       diplomatic and consular missions
       in the Soviet Union.
    Diplomatic Relations Act...........  PL 95-393.............       890
      Authority to extend more or less   PL 95-393 Sec 4.......       891
       favorable treatment.
      Definitions......................  PL 95-393 Sec 2.......       890
      Direct actions against insurers    PL 95-393 Sec 7.......       892
       of members of diplomatic
       missions and their families.
      Dismissal of actions against       PL 95-393 Sec 5.......       891
       individuals entitled to immunity.
      Liability insurance requirement..  PL 95-393 Sec 6.......       891
      Vienna Convention................  PL 95-393 Sec 3.......       891
    Diplomats, foreign. See Diplomatic
     Relations Act; Foreign diplomats
     and other internationally
     protected persons in the United
     States, protection of
    Disarmament. See Arms control
    Drug control
      United States membership on        PL 107-228 Sec 408....       828
       United Nations International
       Narcotics Control Board.
                                        EEarly warning systems
      Enhanced collaboration for more    PL 108-136 Sec 3624...       167
       reliable Russian systems, sense
       of Congress.
      Implementing the United States     PL 94-110.............       693
       proposal in Sinai.
    Eastern Europe
      Nuclear weapons reduction policy.  PL 102-484 Sec 1321...       576
    Embassies. See Soviet employees at
     United States diplomatic and
     consular missions in the Soviet
     Union under Diplomatic reciprocity
    Emergencies. See National
     Emergencies Act
    Energy, Department of
      Chemical Weapons Convention        EO 13128..............       323
       implementation.
      Department of Energy Act of 1978--
       Civilian Applications
        Report.........................  PL 95-238 Sec 203.....       354
      International materials            PL 107-314 Sec 3156...       478
       protection, control and
       accounting program.
      International nuclear materials    PL 108-136 Sec 3124...       471
       protection and cooperation
       program funds use outside the
       former Soviet Union.
      National security programs
        Elimination of weapons grade     PL 107-314 Sec 3151...        67
         plutonium production in Russia.
      Nonproliferation activities,       PL 102-484 Sec 1503...       290
       report.
      Nonproliferation monitoring,       PL 106-398 Sec 3173...       493
       report.
      Nuclear security initiative
        Management assessment of threat  PL 108-136 Sec 3611...        60
         reduction and nonproliferation
         programs.
                                         PL 108-136 Sec 3611...       164
      On-site managers.................  PL 108-136 Sec 3125...       473
      Reduction of excessive             PL 108-136 Sec 3122...       471
       unobligated or unexpended
       balances for defense nuclear
       nonproliferation activities,
       report.
      Weapons-grade uranium and          PL 108-136 Sec 3123...       471
       plutonium of the former Soviet
       Union, study and report.
    Enrichment Oversight Committee       EO 13085..............       437
      Domestic enrichment services.....  EO 13085 Sec 6........       439
      Establishment....................  EO 13085 Sec 1........       437
      Foreign ownership, control or      EO 13085 Sec 5........       438
       influence.
      HEU Agreement oversight..........  EO 13085 Sec 4........       438
      Nuclear Regulatory Commission      EO 13085 Sec 7........       439
       coordination.
      Objectives.......................  EO 13085 Sec 2........       437
      Organization.....................  EO 13085 Sec 3........       437
    Environmental issues
      Panama Canal Joint Commission on   PL 96-70 Sec 1106.....       747
       the Environment.
      United Nations Environment
       Program
        Appropriations authorization...  PL 93-188.............       852
    Environmental issues--Continued
      United States obligations under    PL 105-85 Sec 1307....       529
       Chemical Weapons Convention and
       environmental laws, sense of
       Congress.
    Estonia
      NATO membership, sense of          PL 104-208 Sec 605....       708
       Congress.
    EURATOM Cooperation Act of 1958....  PL 85-846.............       441
      Appropriations authorization.....  PL 85-846 Sec 3.......       441
                                         PL 85-846 Sec 4.......       442
      Definitions......................  PL 85-846 Sec 2.......       441
      Liability........................  PL 85-846 Sec 7.......       444
      Purchase authority...............  PL 85-846 Sec 6.......       443
      Sale or lease authority..........  PL 85-846 Sec 5.......       443
    European Atomic Energy Community.
     See EURATOM Cooperation Act of
     1958
    European Central Bank
      Immunities, exemptions and         PL 79-291 Sec 11......       860
       privileges.
    European Security Act of 1998......  PL 105-277............       698
      Authorities relating to NATO       PL 105-277 Sec 2703...       700
       enlargement.
      Ballistic missile defense          PL 105-277 Sec 2705...       702
       restrictions and requirements.
      Statement of policy..............  PL 105-277 Sec 2702...       698
      Treaty on Conventional Armed       PL 105-277 Sec 2704...       701
       Forces in Europe, sense of
       Congress.
    European Space Agency
      Immunities, exemptions and         PL 79-291 Sec 11......       860
       privileges.
    Expanded Threat Reduction
     Initiative
      Report to Congress...............  PL 106-65 Sec 1309....        91
    Exports
      Arms control
        Chemical and biological weapons  PL 102-182 Sec 304....       303
         controls.
        Department of Commerce weapons   EO 12938 Sec 3........       318
         of mass destruction controls.
        Enhanced multilateral controls.  PL 106-65 Sec 1408....       500
        License functions resources....  PL 106-65 Sec 1403....       497
      Automated Export System
        Mandatory use..................  PL 106-113 Sec 1252...       210
        Voluntary use, sense of          PL 106-113 Sec 1253...       211
         Congress.
      Controls, sense of Congress......  PL 104-201 Sec 1308...       541
      Department of Defense control      PL 105-261 Sec 1521...       515
       activities authority.
      Deputy Under Secretary of Defense  PL 105-261 Sec 1521...       515
       for Technology Security policy.
      Execution of objection authority   PL 105-261 Sec 1524...       517
       in the Department of Defense.
      High-performance computers to      PL 106-65 Sec 1406....       499
       People's Republic of China,
       report.
      Landmine moratorium..............  PL 102-484 Sec 1365...       579
      Nuclear export reporting           PL 105-261 Sec 1523...       516
       requirement.
      Nuclear material
        Conduct resulting in             PL 83-703 Sec 129.....       399
         termination.
        Consultation with Department of  PL 83-703 Sec 133.....       409
         Defense.
        Criteria governing United        PL 83-703 Sec 127.....       396
         States material.
        Criterion and procedures.......  PL 83-703 Sec 128.....       397
        Licensing procedures...........  PL 83-703 Sec 126.....       392
        Low-enriched uranium fuel......  PL 96-280.............       351
        Nonproliferation controls......  PL 95-242 Sec 309.....       338
                                         PL 95-242 Sec 402.....       339
        Nonproliferation licensing       PL 95-242 Sec 304.....       337
         procedures.
        Restrictions...................  PL 83-703 Sec 134.....       410
        Special material and components  EO 12055..............       353
         to India.
    Exports--Continued
      Nuclear material--Continued
        Special material and components
         to India--Continued
                                         EO 12218..............       352
      Nuclear materials control          PL 107-314 Sec 3159...       479
       programs.
      Release of information by          PL 105-261 Sec 1522...       516
       Department of Commerce to other
       agencies for national security
       assessment.
      Satellites
        Certification of missile         PL 105-261 Sec 1512...       510
         equipment or technology to
         China.
        Licensing......................  PL 106-65 Sec 1404....       498
        Manufacturer violations........  PL 106-65 Sec 1412....       503
        National security controls on    PL 105-261 Sec 1514...       511
         licensing.
        People's Republic of China       PL 105-261 Sec 1515...       513
         launching, report.
        Related items defined..........  PL 105-261 Sec 1516...       514
        Sense of Congress..............  PL 105-261 Sec 1511...       509
        United States Munitions List...  PL 105-261 Sec 1513...       510
    Extradition Treaties Interpretation
     Act of 1998
      Findings.........................  PL 105-323 Sec 202....       915
      Interpretation of treaties.......  PL 105-323 Sec 203....       915
                                        FFBI. See Federal Bureau of
     Investigation
    Federal Bureau of Investigation
      Chemical Weapons Convention        PL 106-113 Sec 1117...        33
       Implementation Act
       implementation.
    Floyd D. Spence National Defense
     Authorization Act, FY 2001. See
     Cooperative Threat Reduction, FY
     2001; National Defense
     Authorization Act, FY 2001
    Foreign diplomatic missions in the
     United States, protection of
      Property occupied by foreign       18 USC Sec 970........       869
       governments.
      Reimbursements, transfer of        EO 12478..............       877
       authority to the Secretary of
       State.
      United States Secret Service
        Powers, authorities and duties   18 USC Sec 3056A......       875
         of Uniformed Division.
    Foreign diplomats and other
     internationally protected persons
     in the United States, protection
     of
      Protection and prevention of       18 USC................       867
       crimes against internationally
       protected persons.
        Conspiracy to murder...........  18 USC Sec 1117.......       872
        Kidnapping.....................  18 USC Sec 1201.......       872
        Murder or manslaughter.........  18 USC Sec 1116.......       870
        Property occupied by foreign     18 USC Sec 970........       869
         governments.
        Protection of foreign officials  18 USC Sec 112........       867
         and official guests.
        Threats and extortion..........  18 USC Sec 878........       869
    Foreign Relations Authorization
     Act, FY 1998 and 1999
      Appropriate congressional          PL 105-277 Sec 2002...        35
       committees, defined.
    Foreign Relations Authorization
     Act, FY 2000 and 2001. See Arms
     Control and Nonproliferation Act
     of 1999; National Security and
     Corporate Fairness under the
     Biological Weapons Convention Act;
     Proliferation Prevention
     Enhancement Act of 1999; United
     Nations Reform Act of 1999
    Foreign Relations Authorization
     Act, FY 2003. See also Department
     of State Authorization Act, FY
     2003
      Nonproliferation provisions......  PL 107-228............       188
        Chemical Weapons Convention      PL 107-228 Sec 1605...       190
         compliance.
        Detailing United States          PL 107-228 Sec 1603...       189
         governmental personnel to
         international organizations.
        Diplomatic presence overseas...  PL 107-228 Sec 1604...       189
        Real-time availability of        PL 107-228 Sec 1602...       189
         seismological data.
        South Asia nuclear and missile   PL 107-228 Sec 1601...       188
         nonproliferation.
    Foreign sovereign immunities.......  28 USC................       878
      Actions against foreign states...  28 USC Sec 1330.......       878
      Counterclaims....................  28 USC Sec 1607.......       884
      Default..........................  28 USC Sec 1608.......       885
      Definitions......................  28 USC Sec 1603.......       879
      Exceptions to the immunity from    28 USC Sec 1610.......       886
       attachment or execution.
      Exceptions to the jurisdictional   28 USC Sec 1605.......       880
       immunity of a foreign state.
      Extent of liability..............  28 USC Sec 1606.......       884
      Findings and declaration of        28 USC Sec 1602.......       879
       purpose.
      Immunity from attachment and       28 USC Sec 1609.......       886
       execution of property of a
       foreign state.
      Immunity of a foreign state from   28 USC Sec 1604.......       879
       jurisdiction.
      Service..........................  28 USC Sec 1608.......       885
      Time to answer...................  28 USC Sec 1608.......       885
      Types of property immune from      28 USC Sec 1611.......       889
       execution.
    Former Soviet Union                  PL 102-484............       143
     Demilitarization Act of 1992.
      Administration of programs.......  PL 102-484 Sec 1421...       146
      Authorization of programs........  PL 102-484 Sec 1412...       144
      Findings.........................  PL 102-484 Sec 1411...       143
    Freedom for Russia and Emerging
     Eurasian Democracies and Open
     Markets Support Act of 1992. See
     FREEDOM Support Act
    FREEDOM Support Act................  PL 102-511............       131
      Nonproliferation and disarmament
       programs
        Appropriate congressional        PL 102-511 Sec 508(c).       137
         committees defined.
        Defense conversion authorities   PL 102-511 Sec 505....       135
         funding limitations.
        Eligibility for funds..........  PL 102-511 Sec 502....       132
        Findings.......................  PL 102-511 Sec 501....       131
        Funding authorization..........  PL 102-511 Sec 504....       134
        Funding provisions waiver......  PL 102-511 Sec 507....       136
        International Nonproliferation   PL 102-511 Sec 509....       137
         Initiative.
        Notice of proposed obligations.  PL 102-511 Sec 508(a).       136
        Report to Congress.............  PL 102-511 Sec 508(b).       137
        Research and Development         PL 102-511 Sec 511....       140
         Foundation.
        Soviet weapons destruction.....  PL 102-511 Sec 506....       135
        Special nuclear materials,       PL 102-511 Sec 510....       140
         report.
    FREEDOM Support Act--Continued
      Nonproliferation and disarmament
       programs--Continued
        States of the former Soviet      PL 102-511 Sec 503....       132
         Union.
                                        GGermany
      Nuclear material cooperation.....  PL 83-703 Sec 125.....       392
    Global Fund to Fight AIDS,
     Tuberculosis and Malaria
      Immunities, exemptions and         PL 79-291 Sec 11......       860
       privileges.
                                        HHaiti
      United States policy toward......  PL 103-423............       655
        Human rights, report...........  PL 103-423 Sec 4......       657
        Presidential statement of        PL 103-423 Sec 2......       655
         national security objectives.
        Report.........................  PL 103-423 Sec 3......       656
        United Nations mission           PL 103-423 Sec 6......       657
         transition.
        United States agreements,        PL 103-423 Sec 5......       657
         report.
        United States Armed Forces       PL 103-423 Sec 1......       655
         operations, sense of Congress.
    Health, children
      Child health revolution..........  PL 98-198.............       925
    Herbicides
      Renunciation of war use..........  EO 11850..............       311
    HEU Agreements. See Highly enriched
     uranium agreements
    Highly enriched uranium agreements
      Conversion provisions............  EO 13159..............       325
      Oversight Subcommittee...........  EO 13085 Sec 4........       438
    Hong Kong Economic and Trade         PL 105-22 Sec 1.......       866
     Offices.
    Hostile governments
      Policy toward certain agents of    PL 98-618 Sec 601.....       893
       foreign governments, sense of
       Congress.
    Human rights
      Haiti, reports...................  PL 103-423 Sec 4......       657
      United States membership on        PL 107-228 Sec 408....       828
       United Nations Commission on
       Human Rights.
                                        IIAEA. See International Atomic
     Energy Agency
    Immunities. See also Diplomatic
     Relations Act
      Foreign sovereign immunities.....  28 USC................       878
        Actions against foreign states.  28 USC Sec 1330.......       878
        Counterclaims..................  28 USC Sec 1607.......       884
        Default........................  28 USC Sec 1608.......       885
        Definitions....................  28 USC Sec 1603.......       879
        Exceptions to the immunity from  28 USC Sec 1610.......       886
         attachment or execution.
        Exceptions to the                28 USC Sec 1605.......       880
         jurisdictional immunity of a
         foreign state.
        Extent of liability............  28 USC Sec 1606.......       884
        Findings and declaration of      28 USC Sec 1602.......       879
         purpose.
        Immunity from attachment and     28 USC Sec 1609.......       886
         execution of property of a
         foreign state.
    Immunities--Continued
      Foreign sovereign immunities--
       Continued
        Immunity of a foreign state      28 USC Sec 1604.......       879
         from jurisdiction.
        Service........................  28 USC Sec 1608.......       885
        Time to answer.................  28 USC Sec 1608.......       885
        Types of property immune from    28 USC Sec 1611.......       889
         execution.
      International organizations,
       individual immunity grants
        Council of the Organization of   PL 82-486.............       862
         American States
         representatives of member
         states.
        Hong Kong Economic and Trade     PL 105-22 Sec 1.......       866
         Offices.
        International Development Law    PL 102-511 Sec 805....       865
         Institute.
        Mission of the Commission of     PL 92-499.............       863
         the European Communities.
      International Organizations        PL 79-291.............       854
       Immunities Act.
        African Union..................  PL 79-291 Sec 12......       860
        Conditions.....................  PL 79-291 Sec 9.......       859
        Customs duties.................  PL 79-291 Sec 3.......       857
        European Central Bank..........  PL 79-291 Sec 15......       861
        European Space Agency..........  PL 79-291 Sec 11......       860
        Foreign government               PL 79-291 Sec 7.......       858
         representatives.
        Global Fund to Fight AIDS,       PL 79-291 Sec 16......       861
         Tuberculosis and Malaria.
        Immunities, exemptions and       PL 79-291 Sec 2.......       856
         privileges.
        International Committee of the   PL 79-291 Sec 13......       860
         Red Cross.
        International Labor              PL 79-291 Sec 12......       860
         Organization.
        International organizations      PL 79-291 Sec 1.......       854
         defined.
        International Union for          PL 79-291 Sec 14......       860
         Conservation of Nature and
         Natural Resources.
        Notification...................  PL 79-291 Sec 8.......       859
        Organization of Eastern          PL 79-291 Sec 11......       860
         Caribbean States.
        Property tax exemptions........  PL 79-291 Sec 6.......       858
        Tax exemptions.................  PL 79-291 Sec 5.......       857
        United Nations Industrial        PL 79-291 Sec 12......       860
         Development Organization.
      Liaison Office of the People's     PL 93-22..............       864
       Republic of China.
    Implementation of the Convention on
     the Civil Aspects of International
     Child Abduction
      Central Authority designation....  EO 12648 Sec 1........       924
    Implementing the United States       PL 94-110.............       693
     Proposal for the Early-Warning
     System in Sinai.
    India
      Export of special nuclear          EO 12055..............       353
       material and components.
                                         EO 12218..............       352
    INF Treaty
      On-Site Inspection Agency,         PL 87-297 Sec 501.....        24
       establishment and
       responsibilities of.
    Intelligence Authorization Act, FY
     1997. See Combatting Proliferation
     of Weapons of Mass Destruction Act
     of 1996
    Intercountry Adoption Act of 2000..  PL 106-279............       896
      Accreditation or approval
        Process........................  PL 106-279 Sec 202....       902
        Requirements...................  PL 106-279 Sec 201....       901
    Intercountry Adoption Act of 2000--
     Continued
      Accreditation or approval--
       Continued
        Secretary of State oversight...  PL 106-279 Sec 204....       906
        Standards and procedures.......  PL 106-279 Sec 203....       903
      Appropriations authorization.....  PL 106-279 Sec 403....       911
      Attorney General responsibilities  PL 106-279 Sec 103....       900
      Children emigrating from the       PL 106-279 Sec 303....       909
       United States.
      Children immigrating to the        PL 106-279 Sec 301....       908
       United States.
      Definitions......................  PL 106-279 Sec 3......       896
      Documents of other countries.....  PL 106-279 Sec 402....       911
      Enforcement......................  PL 106-279 Sec 404....       912
      Fees collection..................  PL 106-279 Sec 403....       911
      Findings and purposes............  PL 106-279 Sec 2......       896
      No private right of action.......  PL 106-279 Sec 504....       913
      Recognition of adoptions.........  PL 106-279 Sec 501....       913
      Records access...................  PL 106-279 Sec 401....       910
      Relationship to other laws.......  PL 106-279 Sec 503....       913
      Report requirements..............  PL 106-279 Sec 104....       900
      Secretary of State                 PL 106-279 Sec 102....       898
       responsibilities.
      Special rules....................  PL 106-279 Sec 502....       913
      United States Central Authority    PL 106-279 Sec 101....       898
       designation.
    International agreements. See also
     North Atlantic Treaty Organization
      Alternative strategic nuclear      PL 100-456 Sec 908....       607
       force for the United States.
      Arms control agreements            PL 104-106 Sec 1407...       552
       implementation.
      Arms control negotiations,         PL 100-180 Sec 904....       614
       findings and declarations.
      Arms control negotiations and      PL 101-189 Sec 1011...       599
       United States modernization
       policy, sense of Congress.
      Arms control policy implications,  PL 100-180 Sec 906....       616
       report.
      Chairman of the Joint Chiefs of    PL 99-661 Sec 1003....       618
       Staff on United States non-
       compliance with strategic arms
       agreements, report.
      Chemical Weapons Convention
        Assistance for facilities        PL 105-85 Sec 1303....       524
         subject to inspection.
        Compliance with................  PL 107-228 Sec 1605...       190
        Implementation of..............  EO 13128..............       323
        Ratification, sense of Congress  PL 104-106 Sec 1406...       551
        United States obligations,       PL 105-85 Sec 1307....       529
         sense of Congress.
      Chemical weapons negotiations,     PL 101-189 Sec 1013...       600
       sense of Congress.
      Compliance with existing           PL 99-145 Sec 1001....       621
       strategic offensive arms
       agreements policy.
      Expanding confidence-building      PL 100-456 Sec 901....       604
       measures, sense of Congress.
      Extradition treaties
        Findings.......................  PL 105-323 Sec 202....       915
        Interpretation of treaties.....  PL 105-323 Sec 203....       915
      Five-year ABM Treaty review,       PL 100-456 Sec 904....       605
       sense of Congress.
      Highly enriched uranium
       agreements
        Conversion provisions..........  EO 13159..............       325
      Indefinite extension of Nuclear    PL 103-337 Sec 1508...       559
       Non-Proliferation Treaty, sense
       of Congress.
      INF Treaty
        On-Site Inspection Agency,       PL 87-297 Sec 501.....        24
         establishment and
         responsibilities of.
    International agreements--Continued
      Krasnoyarsk radar, findings and    PL 101-189 Sec 1006...       596
       sense of Congress.
      Military consequences of           PL 100-180 Sec 905....       615
       elimination of ballistic
       missiles, report.
      North Korea and the Treaty on the  PL 103-160 Sec 1613...       572
       Non-Proliferation of Nuclear
       Weapons.
      Nuclear material cooperation.....  PL 83-703 Sec 123.....       386
      Nuclear nonproliferation           PL 103-160 Sec 1611...       569
       activities.
      On-site inspections under arms     PL 101-189 Sec 1014...       601
       control agreements.
      Peaceful Nuclear Explosions
       Treaty
        On-Site Inspection Agency        PL 87-297 Sec 501.....        25
         responsibilities.
      SALT II Treaty
        Compliance, sense of Congress..  PL 99-661 Sec 1001....       617
      Soviet compliance with arms        PL 98-525 Sec 1106....       628
       control agreements, report.
      Soviet Union compliance with       PL 100-180 Sec 903....       613
       Threshold Test Ban Treaty,
       report.
      START Treaties
        Effect on Trident program,       PL 101-189 Sec 1001...       592
         report.
        Funds use limitation...........  PL 105-85 Sec 1404....       103
        Modernization..................  PL 101-510 Sec 1442...       589
        Monitoring issues, report......  PL 106-113 Sec 1114...        32
        Ratification, sense of Congress  PL 104-106 Sec 1406...       551
                                         PL 101-510 Sec 1443...       589
        Report required before           PL 100-456 Sec 902....       605
         agreement, sense of Congress.
                                         PL 101-189 Sec 1003...       593
        Strategic nuclear delivery       PL 104-106 Sec 1404...       549
         systems, limitation on
         retirement or dismantlement.
                                         PL 104-201 Sec 1302...       533
                                         PL 105-85 Sec 1302....       521
        Strategic stability under START  PL 106-65 Sec 1503....       505
         III, report.
        Verification conducted with      PL 101-189 Sec 1002...       593
         regard to mobile ICMs, report.
      Treaties to prevent nuclear        PL 98-525 Sec 1111....       633
       testing policy.
      Treaty limitations on weapons      PL 101-189 Sec 1007...       597
       capable of threatening military
       satellites, sense of Congress.
      Treaty on Conventional Armed       PL 105-277 Sec 2704...       701
       Forces in Europe, sense of
       Congress.
      United States pursuit of           PL 98-525 Sec 1110....       631
       outstanding arms control
       compliance, sense of Congress.
      Verification of compliance with    PL 101-189 Sec 1010...       599
       agreements to limit nuclear
       testing, report.
      Weapons treaty violations,         PL 104-106 Sec 1405...       549
       findings and sense of Congress.
    International Atomic Energy Agency
      Annual review of projects........  PL 107-228 Sec 1343...       186
      Bilateral and multilateral         PL 103-236 Sec 841....       284
       initiatives.
      Internal reforms.................  PL 103-236 Sec 842....       285
      Nonproliferation and export
       control assistance
        Budget assessments and           PL 107-228 Sec 1305...       169
         voluntary contributions.
      Nuclear and radiological security  PL 108-136 Sec 3631...       167
       and safety discussions with OECD.
      Strengthening nuclear              PL 95-242 Sec 201.....       336
       nonproliferation safeguard
       system.
    International Atomic Energy Agency   PL 85-177.............       448
     Participation Act of 1957.
      Appointments.....................  PL 85-177 Sec 2.......       448
    International Atomic Energy Agency
     Participation Act of 1957--
     Continued
      Appropriations authorization.....  PL 85-177 Sec 5.......       450
      Authority........................  PL 85-177 Sec 4.......       450
      Federal employees................  PL 85-177 Sec 6.......       450
      Senate advice and consent refusal  PL 85-177 Sec 8.......       451
      United States participation......  PL 85-177 Sec 3.......       449
    International Child Abduction        PL 100-300............       916
     Remedies Act. See also
     Implementation of the Convention
     on the Civil Aspects of
     International Child Abduction
      Admissibility of documents.......  PL 100-300 Sec 6......       919
      Appropriations authorization.....  PL 100-300 Sec 12.....       923
      Costs and fees...................  PL 100-300 Sec 8......       921
      Definitions......................  PL 100-300 Sec 3......       917
      Findings and declarations........  PL 100-300 Sec 2......       916
      Information collection,            PL 100-300 Sec 9......       921
       maintenance and dissemination.
      Interagency coordinating group...  PL 100-300 Sec 10.....       922
      Judicial remedies................  PL 100-300 Sec 4......       918
      Provisional remedies.............  PL 100-300 Sec 5......       919
      United States Central Authority..  PL 100-300 Sec 7......       919
    International Committee of the Red
     Cross
      Immunities, exemptions and         PL 79-291 Sec 11......       860
       privileges.
    International Criminal Court
      American Servicemembers'           PL 107-206............       671
       Protection Act of 2002.
      Authority to free members of the   PL 107-206 Sec 2008...       678
       United States Armed Forces
       detained or imprisoned by.
      Prohibition of United States       PL 107-206 Sec 2007...       677
       military assistance to parties
       to.
      Prohibition on cooperation.......  PL 107-206 Sec 2004...       675
      Prohibition on transfer of         PL 107-206 Sec 2006...       677
       classified national security and
       law enforcement information.
    International Development Law
     Institute
      Diplomatic privileges............  PL 102-511 Sec 805....       865
    International Labor Organization
      Immunities, exemptions and         PL 79-291 Sec 11......       860
       privileges.
    Internationally protected persons,   18 USC................       867
     protection and prevention of
     crimes against.
      Conspiracy to murder.............  18 USC Sec 1117.......       872
      Kidnapping.......................  18 USC Sec 1201.......       872
      Murder or manslaughter...........  18 USC Sec 1116.......       870
      Property occupied by foreign       18 USC Sec 970........       869
       governments.
      Protection of foreign officials    18 USC Sec 112........       867
       and official guests.
      Threats and extortion............  18 USC Sec 878........       869
    International Narcotics Control
     Board
      United States membership.........  PL 107-228 Sec 408....       828
    International Nonproliferation
     Initiative
      Activities assistance provided     PL 102-511 Sec 509(b).       138
       for.
      Assistance for activities........  PL 102-511 Sec 509(a).       137
      Assistance forms.................  PL 102-511 Sec 509(c).       138
      Assistance sources...............  PL 102-511 Sec 509(d).       138
      Duplicative authorization          PL 102-511 Sec 509(f).       139
       avoidance.
      Report to Congress...............  PL 102-511 Sec 509(e).       139
    International organizations. See
     also NATO; Peacekeeping
     activities; United Nations
      Appropriations limitation on       PL 92-544.............       847
       contributions.
      Hong Kong Economic and Trade       PL 105-22 Sec 1.......       866
       Offices.
      International Development Law
       Institute
        Diplomatic privileges..........  PL 102-511 Sec 805....       865
    International organizations--
     Continued
      Mission of the Commission of the
       European Communities
        Diplomatic privileges..........  PL 92-499.............       863
      Organization of American States
        Privileges to representatives    PL 82-486.............       862
         of member states.
      United States financial            PL 81-806 Sec 2.......       846
       contributions.
    International Organizations          PL 79-291.............       854
     Immunities Act.
      African Union....................  PL 79-291 Sec 12......       860
      Conditions.......................  PL 79-291 Sec 9.......       859
      Customs duties...................  PL 79-291 Sec 3.......       857
      European Central Bank............  PL 79-291 Sec 15......       861
      European Space Agency............  PL 79-291 Sec 11......       860
      Foreign government                 PL 79-291 Sec 7.......       858
       representatives.
      Global Fund to Fight AIDS,         PL 79-291 Sec 16......       861
       Tuberculosis and Malaria.
      Immunities, exemptions and         PL 79-291 Sec 2.......       856
       privileges.
      International Committee of the     PL 79-291 Sec 13......       860
       Red Cross.
      International Labor Organization.  PL 79-291 Sec 12......       860
      International organizations        PL 79-291 Sec 1.......       854
       defined.
      International Union for            PL 79-291 Sec 14......       860
       Conservation of Nature and
       Natural Resources.
      Notification.....................  PL 79-291 Sec 8.......       859
      Organization of Eastern Caribbean  PL 79-291 Sec 11......       860
       States.
      Property tax exemptions..........  PL 79-291 Sec 6.......       858
      Tax exemptions...................  PL 79-291 Sec 5.......       857
      United Nations Industrial          PL 79-291 Sec 12......       860
       Development Organization.
    International Space Station
      Restriction on extraordinary       PL 106-178 Sec 6......       196
       payments.
    International Union for
     Conservation of Nature and Natural
     Resources
      Immunities, exemptions and         PL 79-291 Sec 11......       860
       privileges.
    Iran
      Russian proliferation to, report.  PL 107-314 Sec 1206...       476
    Iran and Syria Nonproliferation Act  PL 106-178............       192
      Application of measures to         PL 106-178 Sec 3......       194
       certain foreign persons.
      Definitions......................  PL 106-178 Sec 7......       199
      Exemption from measures..........  PL 106-178 Sec 5......       195
      International Space Station        PL 106-178 Sec 6......       196
       restriction on extraordinary
       payments.
      Procedures if measures are not     PL 106-178 Sec 4......       194
       applied.
      Reports..........................  PL 106-178 Sec 2......       192
    Iran-Iraq Arms Non-Proliferation     PL 102-484............       296
     Act of 1992.
      Application to Iran of certain     PL 102-484 Sec 1603...       297
       Iraq sanctions.
      Definitions......................  PL 102-484 Sec 1608...       299
      International fissile material
       and warhead control
        Development and demonstration    PL 102-484 Sec 3153...       583
         program.
        Negotiations...................  PL 102-484 Sec 3151...       582
      Policy...........................  PL 102-484 Sec 1602...       296
      Reporting requirements...........  PL 102-484 Sec 1607...       299
      Sanctions
        Against foreign countries......  PL 102-484 Sec 1605...       297
        Against persons................  PL 102-484 Sec 1604...       297
      Waiver...........................  PL 102-484 Sec 1606...       298
    Iran Nonproliferation Amendments     PL 109-112............       161
     Act of 2005.
      Findings.........................  PL 109-112 Sec 2......       161
    Iran Nuclear Proliferation           PL 107-228............       186
     Prevention Act of 2002.
    Iran Nuclear Proliferation
     Prevention Act of 2002--Continued
      Annual review of IAEA projects...  PL 107-228 Sec 1343...       186
      Reporting requirements...........  PL 107-228 Sec 1344...       187
    Iraq
      Acquisition of advanced weapons,   PL 108-136 Sec 1204...       470
       report.
      Authorization for Use of Military  PL 102-1..............       658
       Force Against Iraq Resolution.
        Authorization for use of United  PL 102-1 Sec 2........       658
         States Armed Forces.
        Reports........................  PL 102-1 Sec 3........       659
      Authorization for Use of Military  PL 107-243............       648
       Force Against Iraq Resolution of
       2002.
        Authorization for use of United  PL 107-243 Sec 3......       651
         States Armed Forces.
        Reports........................  PL 107-243 Sec 4......       652
        Support for United States        PL 107-243 Sec 2......       651
         diplomatic efforts.
      Counterproliferation
        Extension of authority for       PL 105-261 Sec 1531...       517
         support of United Nations
         Special Commission.
      Iran-Iraq Arms Non-Proliferation   PL 102-484............       296
       Act of 1992.
        Application to Iran of certain   PL 102-484 Sec 1603...       297
         Iraq sanctions.
        Definitions....................  PL 102-484 Sec 1608...       299
        Development and demonstration    PL 102-484 Sec 3153...       583
         program.
        International fissile material   PL 102-484 Sec 3151...       582
         and warhead control
         negotiations.
        Policy.........................  PL 102-484 Sec 1602...       296
        Reporting requirements.........  PL 102-484 Sec 1607...       299
        Sanctions
          Against foreign countries....  PL 102-484 Sec 1605...       297
          Against persons..............  PL 102-484 Sec 1604...       297
        Waiver.........................  PL 102-484 Sec 1606...       298
      Support of United Nations-         PL 106-65 Sec 1505....       506
       sponsored inspection and
       monitoring of weapons activities.
                                         PL 106-398 Sec 1201...       488
                                         PL 107-107 Sec 1203...       482
                                         PL 107-314 Sec 1204...       475
                                        KKey Verification Assets Fund
      Appropriations authorization.....  PL 106-113 Sec 1111...        30
                                         PL 107-228 Sec 1102...        27
    Krasnoyarsk radar
      Findings and sense of Congress...  PL 100-180 Sec 902....       612
                                         PL 101-189 Sec 1006...       596
    Kuwait
      Arms sales restriction...........  PL 102-229 Sec 104....       156
                                        LLandmines
      Export moratorium................  PL 102-484 Sec 1365...       579
      International clearing efforts in  PL 102-484 Sec 1364...       579
       refugee situations, report.
      Moratorium on use by Armed         PL 104-106 Sec 1402...       548
       Forces, report.
    Latvia
      NATO membership, sense of          PL 104-208 Sec 605....       708
       Congress.
    Law enforcement
      Prohibition on transfer of         PL 107-206 Sec 2006...       677
       information to the International
       Criminal Court.
    Lebanon
      Multinational Force in Lebanon     PL 98-119.............       664
       Resolution.
        Agreement between the United     PL 98-119.............       668
         States and Lebanon.
        Authorization for continued      PL 98-119 Sec 3.......       665
         participation of United States
         Armed Forces.
        Congressional priority           PL 98-119 Sec 8.......       666
         procedures for amendments.
        Duration of authorization for    PL 98-119 Sec 6.......       666
         United States participation.
        Findings and purpose...........  PL 98-119 Sec 2.......       664
        Interpretation of resolution...  PL 98-119 Sec 7.......       666
        Reports........................  PL 98-119 Sec 4.......       665
        Statements of policy...........  PL 98-119 Sec 5.......       665
    Liaison Office of the People's
     Republic of China
      Diplomatic privileges............  PL 93-22..............       864
    Lithuania
      NATO membership, sense of          PL 104-208 Sec 605....       708
       Congress.
                                        MMiddle East
      Arms control.....................  EO 12851 Sec 3........       315
      Multinational Force and Observers  PL 97-132.............       687
       Participation Resolution.
        Definitions....................  PL 97-132 Sec 8.......       691
        Nonreimbursed costs............  PL 97-132 Sec 5.......       689
        Participation of United States   PL 97-132 Sec 3.......       688
         personnel.
        Reports........................  PL 97-132 Sec 6.......       690
        Statement of policy............  PL 97-132 Sec 2.......       687
        Statements of congressional      PL 97-132 Sec 7.......       691
         intent.
        United States contributions to   PL 97-132 Sec 4.......       688
         costs.
      Multinational Force and Observers
       reports
        Delegation of functions........  EO 12361 Sec 1........       692
        Interagency coordination.......  EO 12361 Sec 2........       692
      Resolution to promote peace and    PL 85-7...............       685
       stability in the Middle East.
      Sinai Early-Warning System,        PL 94-110.............       693
       implementing the United States
       proposal.
      United Nations peacekeeping
       forces
        United States payments           PL 94-37..............       850
         authorization.
    Military activities
      National commitment..............
        Senate Resolution 85, June 25,   ......................       697
         1969.
    Military personnel (United States).
     See American Servicemembers'
     Protection Act of 2002
    Missile Technology Control Regime
      Findings.........................  PL 100-180 Sec 901....       611
      People's Republic of China         PL 106-65 Sec 1401....       495
       adherence to.
      Policy...........................  PL 101-510 Sec 1701...       590
    Mission of the Commission of the
     European Communities
      Diplomatic privileges............  PL 92-499.............       863
    MTCR. See Missile Technology
     Control Regime
    Multinational Force and Observers    PL 97-132.............       687
     Participation Resolution.
    Multinational Force and Observers
     Participation Resolution--
     Continued
      Definitions......................  PL 97-132 Sec 8.......       691
      Nonreimbursed costs..............  PL 97-132 Sec 5.......       689
      Participation of United States     PL 97-132 Sec 3.......       688
       personnel.
      Reports..........................  PL 97-132 Sec 6.......       690
      Statement of policy..............  PL 97-132 Sec 2.......       687
      Statements of congressional        PL 97-132 Sec 7.......       691
       intent.
      United States contributions to     PL 97-132 Sec 4.......       688
       costs.
    Multinational Force and Observers
     reports
      Delegation of functions..........  EO 12361 Sec 1........       692
      Interagency coordination.........  EO 12361 Sec 2........       692
    Multinational Force in Lebanon       PL 98-119.............       664
     Resolution.
      Agreement between the United       PL 98-119.............       668
       States and Lebanon.
      Authorization for continued        PL 98-119 Sec 3.......       665
       participation of United States
       Armed Forces.
      Congressional priority procedures  PL 98-119 Sec 8.......       666
       for amendments.
      Duration of authorization for      PL 98-119 Sec 6.......       666
       United States participation.
      Findings and purpose.............  PL 98-119 Sec 2.......       664
      Interpretation of resolution.....  PL 98-119 Sec 7.......       666
      Reports..........................  PL 98-119 Sec 4.......       665
      Statements of policy.............  PL 98-119 Sec 5.......       665
                                        NNarcotics. See Drug control
    National commitment
      Senate Resolution 85, June 25,     ......................       697
       1969.
    National Coordinator for
     Nonproliferation Matters
      Designation of...................  PL 104-201 Sec 1441...       271
    National Defense Authorization Act,  PL 100-180............       611
     FY 1988 and 1989.
      Arms control negotiations,         PL 100-180 Sec 904....       614
       findings and declarations.
      Arms control policy implications,  PL 100-180 Sec 906....       616
       report.
      Krasnoyarsk radar, findings and    PL 100-180 Sec 902....       612
       sense of Congress.
      Military consequences of           PL 100-180 Sec 905....       615
       elimination of ballistic
       missiles, report.
      Missile Technology Control Regime  PL 100-180 Sec 901....       611
      Nuclear risk reduction centers     PL 100-180 Sec 907....       616
       support.
      Soviet Union compliance with       PL 100-180 Sec 903....       613
       Threshold Test Ban Treaty,
       report.
    National Defense Authorization Act,  PL 100-456............       604
     FY 1989.
      Alternative strategic nuclear      PL 100-456 Sec 908....       607
       force for the United States
       under potential START Treaty.
      Expanding confidence-building      PL 100-456 Sec 901....       604
       measures, sense of Congress.
      Five-year ABM Treaty review,       PL 100-456 Sec 904....       605
       sense of Congress.
      On-site inspection agency........  PL 100-456 Sec 909....       608
      Role of Congress in arms control   PL 100-456 Sec 903....       605
       and defense policies, sense of
       Congress.
      START talks, sense of Congress...  PL 100-456 Sec 902....       605
      Verification policy and research   PL 100-456 Sec 910....       609
       and development activities
       coordination.
    National Defense Authorization Act,  PL 101-189............       592
     FY 1990 and 1991.
      Accidental launch protection,      PL 101-189 Sec 1005...       595
       sense of Congress.
    National Defense Authorization Act,
     FY 1990 and 1991--Continued
      Arms control negotiations and      PL 101-189 Sec 1011...       599
       United States modernization
       policy, sense of Congress.
      Ballistic missile defense          PL 101-189 Sec 1004...       594
       systems, capabilities of United
       States and Soviet Union to
       produce and deploy, report.
      Chemical weapons negotiations,     PL 101-189 Sec 1013...       600
       sense of Congress.
      Effect of strategic arms           PL 101-189 Sec 1001...       592
       reduction agreement on Trident
       program, report.
      Krasnoyarsk radar, findings and    PL 101-189 Sec 1006...       596
       sense of Congress.
      Negotiations with the Soviet       PL 101-189 Sec 1009...       598
       Union regarding limitations on
       anti-satellite capabilities,
       report.
      On-site inspections under arms     PL 101-189 Sec 1014...       601
       control agreements.
      Satellite survivability, report..  PL 101-189 Sec 1008...       597
      Space nuclear reactors effect on   PL 101-189 Sec 1012...       600
       gamma-ray astronomy missions,
       report.
      START talks, sense of Congress...  PL 101-189 Sec 1003...       593
      Treaty limitations on weapons      PL 101-189 Sec 1007...       597
       capable of threatening military
       satellites, sense of Congress.
      Verification conducted with        PL 101-189 Sec 1002...       593
       regard to mobile ICMs under
       START agreement, report.
      Verification of compliance with    PL 101-189 Sec 1010...       599
       agreements to limit nuclear
       testing, report.
    National Defense Authorization Act,  PL 101-510............       587
     FY 1991.
      Missile technology control policy  PL 101-510 Sec 1701...       590
      Nuclear risk reduction measures,   PL 101-510 Sec 1441...       587
       sense of Congress.
      START and strategic modernization  PL 101-510 Sec 1442...       589
      Strategic arms reduction talks     PL 101-510 Sec 1443...       589
       agreement.
    National Defense Authorization Act,  PL 102-190............       584
     FY 1992 and 1993.
      Nuclear testing and test ban       PL 102-190 Sec 3140...       585
       readiness program negotiation
       resumption, report.
      Nuclear weapons, report..........  PL 102-190 Sec 3142...       586
      Redeployment of Minuteman III      PL 102-190 Sec 153....       584
       ICBMs limitations.
      Warhead dismantlement and          PL 102-190 Sec 3141...       585
       material disposal.
    National Defense Authorization Act,  PL 102-484............       576
     FY 1993.
      Former Soviet Union and Eastern    PL 102-484 Sec 1321...       576
       Europe nuclear weapons reduction.
      International mine clearing        PL 102-484 Sec 1364...       579
       efforts in refugee situations,
       report.
      Iran-Iraq Arms Non-Proliferation
       Act of 1992
        Development and demonstration    PL 102-484 Sec 3153...       583
         program.
        International fissile material   PL 102-484 Sec 3151...       582
         and warhead control
         negotiations.
      Landmine export moratorium.......  PL 102-484 Sec 1365...       579
    National Defense Authorization Act,  PL 103-160............       561
     FY 1994.
      Counterproliferation Program       PL 103-160 Sec 1605...       565
       Review Committee, establishment
       of.
    National Defense Authorization Act,
     FY 1994--Continued
      Global proliferation of strategic  PL 103-160 Sec 1601...       561
       and advanced conventional
       military weapons, equipment and
       technology, study.
      International nonproliferation
       activities
        Assistance to Russia for         PL 103-160 Sec 1612...       572
         construction of plutonium
         storage facility.
        North Korea and the Treaty on    PL 103-160 Sec 1613...       572
         the Non-Proliferation of
         Nuclear Weapons.
        Nuclear nonproliferation.......  PL 103-160 Sec 1611...       569
        Proliferation of space launch    PL 103-160 Sec 1614...       574
         vehicle technologies, sense of
         Congress.
      Nonproliferation and               PL 103-160 Sec 1606...       568
       counterproliferation activities
       and programs, report.
      United States capabilities to      PL 103-160 Sec 1604...       564
       prevent and counter weapons
       proliferation, sense of Congress.
      United States                      PL 103-160 Sec 1603...       563
       counterproliferation policy,
       studies.
    National Defense Authorization Act,  PL 103-337............       555
     FY 1995.
      Counterproliferation activities    PL 103-337 Sec 1503...       555
       and programs, reports.
      Counterproliferation activities    PL 103-337 Sec 1504...       557
       appropriations authorization.
      Indefinite extension of Nuclear    PL 103-337 Sec 1508...       559
       Non-Proliferation Treaty, sense
       of Congress.
      Nuclear weapons testing            PL 103-337 Sec 1509...       560
       limitations negotiation.
      Proliferation of foreign military  PL 103-337 Sec 1506...       559
       satellites, funds limitation
       related to submission of report.
                                         PL 103-337 Sec 1507...       559
    National Defense Authorization Act,  PL 104-106............       548
     FY 1996.
      Arms control agreements            PL 104-106 Sec 1407...       552
       implementation.
      Chemical Weapons Convention and    PL 104-106 Sec 1406...       551
       START II Treaty ratification,
       sense of Congress.
      Moratorium on antipersonnel        PL 104-106 Sec 1402...       548
       landmines use by Armed Forces,
       report.
      Strategic nuclear delivery         PL 104-106 Sec 1404...       549
       systems, limitation on
       retirement or dismantlement.
      Treaty violations, findings and    PL 104-106 Sec 1405...       549
       sense of Congress.
    National Defense Authorization Act,  PL 104-201............       533
     FY 1997.
      Commission to Assess the
       Ballistic Missile Threat to the
       United States
        Administrative provisions......  PL 104-201 Sec 1327...       546
        Duties.........................  PL 104-201 Sec 1322...       545
        Establishment of...............  PL 104-201 Sec 1321...       544
        Funding........................  PL 104-201 Sec 1328...       546
        Personnel matters..............  PL 104-201 Sec 1326...       546
        Powers.........................  PL 104-201 Sec 1324...       545
        Procedures.....................  PL 104-201 Sec 1325...       545
        Report.........................  PL 104-201 Sec 1323...       545
        Termination....................  PL 104-201 Sec 1329...       547
      Export controls, sense of          PL 104-201 Sec 1308...       541
       Congress.
      Fissile material security          PL 104-201 Sec 1310...       543
       assistance to other countries,
       sense of Congress.
      National Intelligence Estimate 95- PL 104-201 Sec 1311...       543
       19, review by Director of
       Central Intelligence.
    National Defense Authorization Act,
     FY 1997--Continued
      Nuclear proliferation activities,  PL 104-201 Sec 1303...       535
       strengthening sanctions against.
      People's Republic of China
        Joint Defense Conversion         PL 104-201 Sec 1307...       541
         Commission with United States.
        Military capabilities, report..  PL 104-201 Sec 1305...       537
        Weapons proliferation and        PL 104-201 Sec 1306...       538
         policies, report.
      Strategic nuclear delivery         PL 104-201 Sec 1302...       533
       systems, limitation on
       retirement or dismantlement.
    National Defense Authorization Act,  PL 105-85.............       520
     FY 1998.
      Chemical Weapons Convention,       PL 105-85 Sec 1303....       524
       assistance for facilities
       subject to inspection.
      High-priority                      PL 105-85 Sec 1304....       525
       counterproliferation programs,
       transfers of authorizations.
      Moratorium on antipersonnel        PL 105-85 Sec 1309....       530
       landmines use by Armed Forces,
       report.
      Russian strategic missile          PL 105-85 Sec 1301....       520
       detargeting, report.
      Strategic nuclear delivery         PL 105-85 Sec 1302....       521
       systems, limitation on
       retirement or dismantlement.
      United States nuclear weapons      PL 105-85 Sec 1305....       526
       stockpile safety, security and
       reliability.
      United States obligations under    PL 105-85 Sec 1307....       529
       Chemical Weapons Convention and
       environmental laws, sense of
       Congress.
    National Defense Authorization Act,  PL 105-261............       507
     FY 1999.
      Arms control developments,         PL 105-261 Sec 1502...       507
       transmission of reports.
      Counterproliferation
        Extension of authority for       PL 105-261 Sec 1531...       517
         support of United Nations
         Special Commission on Iraq.
        Nuclear tests in South Asia,     PL 105-261 Sec 1532...       518
         sense of Congress.
        Response to increased missile    PL 105-261 Sec 1533...       518
         threat in Asia-Pacific region,
         report.
      Emergency communications           PL 105-261 Sec 1503...       508
       capabilities between United
       States and Russia, report.
      Export controls
        Department of Defense            PL 105-261 Sec 1521...       515
         activities authority.
        Deputy Under Secretary of        PL 105-261 Sec 1521...       515
         Defense for Technology
         Security policy.
        Execution of objection           PL 105-261 Sec 1524...       517
         authority in the Department of
         Defense.
        Nuclear export reporting         PL 105-261 Sec 1523...       516
         requirement.
        Release of information by        PL 105-261 Sec 1522...       516
         Department of Commerce to
         other agencies.
      Russian nonstrategic nuclear       PL 105-261 Sec 1504...       508
       weapons.
      Satellite export controls
        Certification of missile         PL 105-261 Sec 1512...       510
         equipment or technology to
         China.
        National security controls on    PL 105-261 Sec 1514...       511
         licensing.
        People's Republic of China       PL 105-261 Sec 1515...       513
         launching, report.
        Related items defined..........  PL 105-261 Sec 1516...       514
        Sense of Congress..............  PL 105-261 Sec 1511...       509
        United States Munitions List...  PL 105-261 Sec 1513...       510
    National Defense Authorization Act,  PL 106-65.............       495
     FY 2000.
      Counterproliferation program       PL 106-65 Sec 1504....       506
       review committee.
      Enhanced multilateral export       PL 106-65 Sec 1408....       500
       controls.
      Enhancement of Defense Threat      PL 106-65 Sec 1409....       500
       Reduction Agency activities.
      Export control violations by       PL 106-65 Sec 1412....       503
       satellite manufacturers.
      Export license functions           PL 106-65 Sec 1403....       497
       resources.
      Exporting high-performance         PL 106-65 Sec 1406....       499
       computers to People's Republic
       of China, report.
      Foreign launch security            PL 106-65 Sec 1405....       499
       violations, report.
      High-performance computers, end-   PL 106-65 Sec 1407....       499
       use verification for use by
       People's Republic of China.
      Licensing decisions for            PL 106-65 Sec 1410....       502
       commercial satellite launch,
       timely notification by the
       Department of State.
      People's Republic of China         PL 106-65 Sec 1401....       495
       adherence to Missile Technology
       Control Regime.
      Satellite export licensing.......  PL 106-65 Sec 1404....       498
      Satellite license applications,    PL 106-65 Sec 1411....       502
       enhanced intelligence
       consultation.
      Strategic arms reductions, sense   PL 106-65 Sec 1502....       504
       of Congress.
      Strategic stability under START    PL 106-65 Sec 1503....       505
       III, report.
      Support of United Nations-         PL 106-65 Sec 1505....       506
       sponsored inspection and
       monitoring of Iraqi weapons
       activities.
      Technology transmitted to          PL 106-65 Sec 1405....       499
       People's Republic of China,
       report.
      Transfers of militarily sensitive  PL 106-65 Sec 1402....       496
       technology to countries of
       concern, report.
    National Defense Authorization Act,  PL 106-398............       488
     FY 2001.
      Coordination of nonproliferation   PL 106-398 Sec 3174...       494
       programs, sense of Congress.
      Department of Energy               PL 106-398 Sec 3173...       493
       nonproliferation monitoring,
       report.
      Nuclear Cities Initiative........  PL 106-398 Sec 3172...       490
      Status of Nuclear Materials        PL 106-398 Sec 3171...       489
       Protection, Control and
       Accounting Program, report.
      Support of United Nations-         PL 106-398 Sec 1201...       488
       sponsored inspection and
       monitoring of Iraqi weapons
       activities.
    National Defense Authorization Act,  PL 107-107............       481
     FY 2002.
      Government contractor employees    PL 107-107 Sec 1204...       482
       authorized to accompany chemical
       weapons inspection teams.
      Joint Data Exchange Center in      PL 107-107 Sec 1202...       481
       Moscow funding limitation.
      Nuclear Cities Initiative........  PL 107-107 Sec 3132...       486
      Nuclear Cities Initiative program  PL 107-107 Sec 3131...       486
       and Initiatives for
       Proliferation Prevention program
       consolidation.
      Sales and transfers of military    PL 107-107 Sec 1221...       484
       hardware, expertise and
       technology to the People's
       Republic of China, report.
      Securing nuclear weapons,          PL 107-107 Sec 1205...       482
       material and expertise of the
       states of the former Soviet
       Union.
    National Defense Authorization Act,
     FY 2002--Continued
      Support of United Nations-         PL 107-107 Sec 1203...       482
       sponsored inspection and
       monitoring of Iraqi weapons
       activities.
    National Defense Authorization Act,  PL 107-314............       475
     FY 2003.
      Accelerated return of weapons-     PL 107-314 Sec 3160...       479
       usable nuclear materials.
      Export control programs..........  PL 107-314 Sec 3159...       479
      International materials            PL 107-314 Sec 3156...       478
       protection, control and
       accounting program of the
       Department of Energy.
      International security for         PL 107-314 Sec 3158...       478
       nuclear materials and operations.
      Russian proliferation to Iran and  PL 107-314 Sec 1206...       476
       other countries of concern,
       report.
      Support of United Nations-         PL 107-314 Sec 1204...       475
       sponsored inspection and
       monitoring of Iraqi weapons
       activities.
    National Defense Authorization Act,  PL 108-136............       469
     FY 2004.
      International nuclear materials    PL 108-136 Sec 3124...       471
       protection and cooperation
       program funds use outside the
       former Soviet Union.
      Iraq acquisition of advanced       PL 108-136 Sec 1204...       470
       weapons, report.
      On-site managers.................  PL 108-136 Sec 3125...       473
      Reduction of excessive             PL 108-136 Sec 3122...       471
       unobligated or unexpended
       balances for defense nuclear
       nonproliferation activities,
       report.
      Strategic nuclear warhead          PL 108-136 Sec 1033...       469
       dismantling, report.
      Weapons-grade uranium and          PL 108-136 Sec 3123...       471
       plutonium of the former Soviet
       Union, study and report.
    National Defense Authorization Act,  PL 108-375............       460
     FY 2005.
      Collaborative measures to reduce   PL 108-375 Sec 1214...       462
       the risks of a Russian nuclear
       weapons launch, report.
      Defense international              PL 108-375 Sec 1211...       460
       counterproliferation programs.
      Global partnership against spread  PL 108-375 Sec 1213...       461
       of weapons of mass destruction,
       sense of Congress.
      Nonproliferation of ballistic      PL 108-375 Sec 1212...       460
       missiles, policy and sense of
       Congress.
      Nuclear nonproliferation           PL 108-375 Sec 3134...       467
       fellowships for United States
       and Russian Federation
       scientists.
      Removal or security of fissile     PL 108-375 Sec 3132...       462
       materials, radiological
       materials and equipment at
       vulnerable sites.
      Silk Road Initiative.............  PL 108-375 Sec 3133...       466
    National Defense Authorization Act,  PL 109-163............       457
     FY 2006.
      Nonproliferation provisions
        Comprehensive inventory of       PL 109-163 Sec 3115...       459
         Russian nonstrategic nuclear
         weapons, report.
        Nonstrategic nuclear weapons,    PL 109-163 Sec 1212...       458
         report.
        Prohibition on procurements      PL 109-163 Sec 1211...       457
         from Communist Chinese
         military companies.
    National Emergencies Act...........  PL 94-412.............       643
      Accountability requirements......  PL 94-412 Sec 401.....       646
    National Emergencies Act--Continued
      Declarations of future national    PL 94-412 Sec 201.....       643
       emergencies.
      Exercise of emergency powers and   PL 94-412 Sec 301.....       645
       authorities.
      Repeal and continuation of         PL 94-412 Sec 501.....       646
       emergency power.
      Reporting requirements...........  PL 94-412 Sec 401.....       646
      Terminating existing declared      PL 94-412 Sec 101.....       643
       emergencies.
    National Intelligence Estimate 95-
     19
      Review by Director of Central      PL 104-201 Sec 1311...       543
       Intelligence.
    National Missile Defense Act of
     1999
      National missile defense policy..  PL 106-38.............       213
      Reduction of Russian nuclear       PL 106-38 Sec 3.......       213
       forces policy.
    National Security and Corporate      PL 106-113............       202
     Fairness under the Biological
     Weapons Convention Act.
      Definitions......................  PL 106-113 Sec 1122...       203
      Findings.........................  PL 106-113 Sec 1123...       203
      Nonproliferation program use of    PL 106-113 Sec 1132...       206
       resources.
      Provision of information to        PL 106-113 Sec 1134...       207
       Congress.
      Science and technology centers
        In the former Soviet Union,      PL 106-113 Sec 1138...       208
         funding.
        Research and activities........  PL 106-113 Sec 1139...       208
      Trial investigations and visits..  PL 106-113 Sec 1124...       204
      Weapons-grade material             PL 106-113 Sec 1133...       206
       disposition.
    National Security Council Committee  PL 104-201 Sec 1442...       272
     on Nonproliferation
    NATO. See North Atlantic Treaty
     Organization
    NATO Enlargement Facilitation Act    PL 104-208............       705
     of 1996.
      Authorization of appropriations    PL 104-208 Sec 607....       707
       for assistance.
      Designation of countries eligible  PL 104-208 Sec 606....       707
       for assistance.
      Eligibility termination..........  PL 104-208 Sec 611....       711
      Estonia, Latvia and Lithuania,     PL 104-208 Sec 605....       708
       sense of Congress.
      Excess defense articles..........  PL 104-208 Sec 609....       710
      Findings.........................  PL 104-208 Sec 602....       705
      Modernization of defense           PL 104-208 Sec 610....       711
       capability.
      Partnership for Peace Information  PL 104-208 Sec 608....       710
       Management System.
      Regional Airspace Initiative.....  PL 104-208 Sec 608....       710
      Sense of Congress................  PL 104-208 Sec 604....       708
      United States policy.............  PL 104-208 Sec 603....       708
    NATO Participation Act of 1994.....  PL 103-447............       712
      Authorities, sense of Congress...  PL 103-447 Sec 204....       716
      Authority for program to           PL 103-447 Sec 203....       713
       facilitate transition to NATO
       membership.
      Reporting requirement............  PL 103-447 Sec 205....       716
      Sense of Congress................  PL 103-447 Sec 202....       712
    Nonproliferation and Export Control  PL 107-228............       168
     Assistance, 2003.
      Appropriations authorization.....  PL 107-228 Sec 1301...       168
      IAEA budget assessments and        PL 107-228 Sec 1305...       169
       voluntary contributions.
      Reports..........................  PL 107-228 Sec 1308...       171
      Scientist relocation.............  PL 107-228 Sec 1304(d)       169
      Technology acquisition programs    PL 107-228 Sec 1302...       168
       for friendly foreign countries.
      Three-year international strategy  PL 107-228 Sec 1309...       173
    Nonproliferation Assistance          PL 107-228............       182
     Coordination Act of 2002.
    Nonproliferation Assistance
     Coordination Act of 2002--
     Continued
      Administrative support...........  PL 107-228 Sec 1336...       184
      Authority........................  PL 107-228 Sec 1335(b)       184
      Committee on Nonproliferation      PL 107-228 Sec 1334...       183
       Assistance establishment.
      Confidentiality of information...  PL 107-228 Sec 1337...       185
      Consultation.....................  PL 107-228 Sec 1339(b)       185
      Definitions......................  PL 107-228 Sec 1333...       183
      Findings.........................  PL 107-228 Sec 1332...       182
      Purposes.........................  PL 107-228 Sec 1335(a)       183
      Report...........................  PL 107-228 Sec 1339(a)       185
      Statutory construction...........  PL 107-228 Sec 1338...       185
    Nonproliferation programs. See Arms
     control; National Defense
     Authorization Acts
    Nonproliferation Provisions in       PL 107-228............       188
     Foreign Relations Authorization
     Act, FY 2003.
      Chemical Weapons Convention        PL 107-228 Sec 1605...       190
       compliance.
      Detailing United States            PL 107-228 Sec 1603...       189
       governmental personnel to
       international organizations.
      Diplomatic presence overseas.....  PL 107-228 Sec 1604...       189
      Real-time availability of          PL 107-228 Sec 1602...       189
       seismological data.
      South Asia nuclear and missile     PL 107-228 Sec 1601...       188
       nonproliferation.
    North Atlantic Treaty Organization
      European Security Act of 1998....  PL 105-277............       698
        Authorities relating to NATO     PL 105-277 Sec 2703...       700
         enlargement.
        Ballistic missile defense        PL 105-277 Sec 2705...       702
         restrictions and requirements.
        Statement of policy............  PL 105-277 Sec 2702...       698
        Treaty on Conventional Armed     PL 105-277 Sec 2704...       701
         Forces in Europe, sense of
         Congress.
      NATO Enlargement Facilitation Act  PL 104-208............       705
       of 1996.
        Authorization of appropriations  PL 104-208 Sec 607....       707
         for assistance.
        Designation of countries         PL 104-208 Sec 606....       707
         eligible for assistance.
        Eligibility termination........  PL 104-208 Sec 611....       711
        Estonia, Latvia and Lithuania,   PL 104-208 Sec 605....       708
         sense of Congress.
        Excess defense articles........  PL 104-208 Sec 609....       710
        Findings.......................  PL 104-208 Sec 602....       705
        Modernization of defense         PL 104-208 Sec 610....       711
         capability.
        Partnership for Peace            PL 104-208 Sec 608....       710
         Information Management System.
        Regional Airspace Initiative...  PL 104-208 Sec 608....       710
        Sense of Congress..............  PL 104-208 Sec 604....       708
        United States policy...........  PL 104-208 Sec 603....       708
      NATO Participation Act of 1994...  PL 103-447............       712
        Authorities, sense of Congress.  PL 103-447 Sec 204....       716
        Authority for program to         PL 103-447 Sec 203....       713
         facilitate transition to NATO
         membership.
        Reporting requirement..........  PL 103-447 Sec 205....       716
        Sense of Congress..............  PL 103-447 Sec 202....       712
      Nuclear security initiative
        Cooperation with Russia on       PL 108-136 Sec 3623...       166
         ballistic missile defenses,
         sense of Congress.
      Reaffirming the United States      PL 96-9...............       717
       commitment to the North Atlantic
       Alliance.
    North Atlantic Treaty Organization--
     Continued
      Reaffirming the unity of the       PL 95-287.............       718
       North Atlantic Alliance
       commitment.
    North Korea
      Treaty on the Non-Proliferation    PL 103-160 Sec 1613...       572
       of Nuclear Weapons.
    North Korea Threat Reduction Act of  PL 106-113............       427
     1999.
      Definitions......................  PL 106-113 Sec 823....       428
      Restrictions on nuclear            PL 106-113 Sec 822....       427
       cooperation.
    Nuclear cooperation between the      PL 99-183.............       446
     United States and China.
    Nuclear energy
      International Atomic Energy        PL 85-177.............       448
       Agency Participation Act of 1957.
        Appointments...................  PL 85-177 Sec 2.......       448
        Appropriations authorization...  PL 85-177 Sec 5.......       450
        Authority......................  PL 85-177 Sec 4.......       450
        Federal employees..............  PL 85-177 Sec 6.......       450
        Senate advice and consent        PL 85-177 Sec 8.......       451
         refusal.
        United States participation....  PL 85-177 Sec 3.......       449
      International Atomic Energy
       Agency cooperation
        Authority to carry out           EO 10841..............       454
         provisions of the Atomic
         Energy Act of 1954.
        Authorization for communication
         of restricted data
          By Central Intelligence        EO 10899..............       454
           Agency.
          By Department of State.......  EO 11057..............       453
      Nuclear-powered satellites.......  PL 95-426 Sec 608.....       640
      Space nuclear reactors effect on   PL 101-189 Sec 1012...       600
       gamma-ray astronomy missions,
       report.
    Nuclear materials
      Accelerated return of weapons-     PL 107-314 Sec 3160...       479
       usable materials.
      Acceleration of removal or         PL 108-375 Sec 3132...       462
       security of fissile materials,
       radiological materials, and
       related equipment at vulnerable
       sites.
      Atomic Energy Act of 1954........  PL 83-703.............       356
        Acquisition of special nuclear   PL 83-703 Sec 55......       369
         material.
        Authorities of the Atomic        PL 83-703 Sec 84......       378
         Energy Commission regarding
         byproduct material.
        Authority to suspend nuclear     PL 83-703 Sec 132.....       409
         cooperation.
        Commercial licenses............  PL 83-703 Sec 103.....       382
        Conduct resulting in             PL 83-703 Sec 129.....       399
         termination.
        Congressional review procedures  PL 83-703 Sec 130.....       401
        Consultation with Department of  PL 83-703 Sec 133.....       409
         Defense concerning exports.
        Cooperation with Berlin........  PL 83-703 Sec 125.....       392
        Cooperation with other nations.  PL 83-703 Sec 123.....       386
        Criteria governing United        PL 83-703 Sec 127.....       396
         States nuclear exports.
        Declaration....................  PL 83-703 Sec 1.......       358
        Definitions....................  PL 83-703 Sec 11......       360
        Department of Defense            PL 83-703 Sec 143.....       415
         participation in information
         control.
        Domestic distribution of         PL 83-703 Sec 81......       374
         byproduct material.
        Export licensing procedures....  PL 83-703 Sec 126.....       392
        Export procedures..............  PL 83-703 Sec 128.....       397
        Export restrictions............  PL 83-703 Sec 134.....       410
        Findings.......................  PL 83-703 Sec 2.......       358
        Fingerprinting for criminal      PL 83-703 Sec 149.....       422
         history record checks.
    Nuclear materials--Continued
      Atomic Energy Act of 1954--
       Continued
        Foreign distribution
          Byproduct material...........  PL 83-703 Sec 82......       375
          Source material..............  PL 83-703 Sec 64......       373
          Special nuclear material.....  PL 83-703 Sec 54......       367
        Information and assistance to    PL 83-703 Sec 303.....       425
         congressional committees.
        Information
          Control policy...............  PL 83-703 Sec 141.....       413
          Control restrictions.........  PL 83-703 Sec 145.....       418
          Safeguards...................  PL 83-703 Sec 147.....       418
        International activities.......  PL 83-703 Sec 121.....       386
        International atomic pool......  PL 83-703 Sec 124.....       391
        International cooperation in     PL 83-703 Sec 144.....       415
         information control.
        Joint Committee on Atomic        PL 83-703 Sec 301.....       424
         Energy, abolishment of.
        License for transfers required.  PL 83-703 Sec 62......       373
        License requirements...........  PL 83-703 Sec 101.....       382
        Licenses for utilization and     PL 83-703 Sec 102.....       382
         production facilities for
         industrial or commercial
         purposes.
        Medical therapy and research     PL 83-703 Sec 104.....       383
         and development license
         requirements.
        Military application of atomic   PL 83-703 Sec 91......       379
         energy authorization.
        Nuclear Regulatory Commission    PL 83-703 Sec 111.....       385
         license authority.
        Ownership and custody of         PL 83-703 Sec 83......       376
         byproduct material and
         disposal sites.
        Policies in international        PL 83-703 Sec 122.....       386
         arrangements.
        Prohibitions
          Military application of        PL 83-703 Sec 92......       381
           atomic energy.
          Source material..............  PL 83-703 Sec 69......       374
          Special nuclear material.....  PL 83-703 Sec 57......       370
        Purpose........................  PL 83-703 Sec 3.......       359
        Restricted data classification   PL 83-703 Sec 142.....       414
         and declassification.
        Review.........................  PL 83-703 Sec 58......       372
        Source material................  PL 83-703 Sec 61......       373
        Special nuclear material         PL 83-703 Sec 51......       366
         determination.
        Subsequent international         PL 83-703 Sec 131.....       404
         arrangements.
        Transfer of Joint Committee on   PL 83-703 Sec 302.....       424
         Atomic Energy functions.
        Unclassified information,        PL 83-703 Sec 148.....       420
         prohibition against
         dissemination of.
        Utilization and production       PL 83-703 Sec 109.....       384
         facility license requirements.
      Enrichment Oversight Committee...  EO 13085..............       437
        Domestic enrichment services...  EO 13085 Sec 6........       439
        Establishment..................  EO 13085 Sec 1........       437
        Foreign ownership, control or    EO 13085 Sec 5........       438
         influence.
        HEU Agreement oversight........  EO 13085 Sec 4........       438
        Nuclear Regulatory Commission    EO 13085 Sec 7........       439
         coordination.
        Objectives.....................  EO 13085 Sec 2........       437
        Organization...................  EO 13085 Sec 3........       437
      Exports
        Control programs...............  PL 107-314 Sec 3159...       479
        Low-enriched uranium fuel......  PL 96-280.............       351
        Reporting requirement..........  PL 105-261 Sec 1523...       516
    Nuclear materials--Continued
      Exports--Continued
        Special material and components  EO 12055..............       353
         to India.
                                         EO 12218..............       352
      Report on special materials of     PL 102-511 Sec 510....       140
       the former Soviet Union.
      Restrictions on nuclear            PL 106-113 Sec 822....       427
       cooperation with North Korea.
      Securing weapons, material and     PL 107-107 Sec 1205...       482
       expertise of the states of the
       former Soviet Union.
      Security assistance to other       PL 104-201 Sec 1310...       543
       countries, sense of Congress.
      Status of protection, control and  PL 106-398 Sec 3171...       489
       accounting program, report.
      Strengthened international         PL 107-314 Sec 3158...       478
       security.
      Use of international protection    PL 108-136 Sec 3124...       471
       and cooperation program funds
       outside the former Soviet Union.
      Weapons-grade uranium and          PL 108-136 Sec 3123...       471
       plutonium of the former Soviet
       Union, study and report.
    Nuclear Non-Proliferation Act of     PL 95-242.............       331
     1978.
      Annual reports...................  PL 95-242 Sec 602.....       346
      Authority to continue agreements.  PL 95-242 Sec 405.....       342
      Definitions......................  PL 95-242 Sec 4.......       332
      Developing countries assistance
        Policy.........................  PL 95-242 Sec 501.....       342
        Programs.......................  PL 95-242 Sec 502.....       343
        Report.........................  PL 95-242 Sec 503.....       344
      Environmental protection.........  PL 95-242 Sec 407.....       342
      Exports
        Control requirements...........  PL 95-242 Sec 402.....       339
        Controls.......................  PL 95-242 Sec 309.....       338
        Licensing procedures...........  PL 95-242 Sec 304.....       337
      Initiatives to provide adequate
       nuclear fuel supply
        International undertakings.....  PL 95-242 Sec 104.....       334
        Policy.........................  PL 95-242 Sec 101.....       333
        Reevaluation of nuclear fuel     PL 95-242 Sec 105.....       335
         cycle.
        Report.........................  PL 95-242 Sec 103.....       334
        Uranium enrichment capacity....  PL 95-242 Sec 102.....       333
      International safeguard system
       strengthening
        Negotiations...................  PL 95-242 Sec 203.....       337
        Policy.........................  PL 95-242 Sec 201.....       336
        Training program...............  PL 95-242 Sec 202.....       336
      Peaceful nuclear activities......  PL 95-242 Sec 403.....       339
      Policy statement.................  PL 95-242 Sec 2.......       331
      Presidential reports.............  PL 95-242 Sec 601.....       344
      Purpose statement................  PL 95-242 Sec 3.......       332
      Renegotiation of cooperation       PL 95-242 Sec 404.....       341
       agreements.
      Review...........................  PL 95-242 Sec 406.....       342
      Saving clause....................  PL 95-242 Sec 603.....       348
    Nuclear Proliferation Prevention     PL 103-236............       276
     Act of 1994.
      Definitions......................  PL 103-236 Sec 830....       283
      International Atomic Energy
       Agency
        Bilateral and multilateral       PL 103-236 Sec 841....       284
         initiatives.
        Definitions....................  PL 103-236 Sec 844....       287
        Internal reforms...............  PL 103-236 Sec 842....       285
        Reporting requirement..........  PL 103-236 Sec 843....       286
      Procurement sanction on persons    PL 103-236 Sec 821....       276
       engaging in export activities
       that contribute to proliferation.
      Prohibition on assisting           PL 103-236 Sec 824....       280
       proliferation through the
       provision of financing.
    Nuclear Proliferation Prevention
     Act of 1994--Continued
      Report on demarches, sense of      PL 103-236 Sec 828....       282
       Congress.
    Nuclear Regulatory Commission
      Enrichment Oversight Committee     EO 13085 Sec 7........       439
       coordination.
    Nuclear Security Administration
      Elimination of weapons grade       PL 107-314 Sec 3151...        67
       plutonium production in Russia.
    Nuclear Security Initiative Act of   PL 108-136............       164
     2003.
      Enhanced collaboration for more    PL 108-136 Sec 3624...       167
       reliable Russian early warning
       systems, sense of Congress.
      Interparliamentary Threat          PL 108-136 Sec 3622...       166
       Reduction Working Group
       establishment.
      Management assessment of threat    PL 108-136 Sec 3611...        60
       reduction and nonproliferation
       programs.
                                         PL 108-136 Sec 3611...       164
      Nuclear and radiological security  PL 108-136 Sec 3631...       167
       and safety discussions between
       IAEA and OECD.
      Russian tactical nuclear weapons,  PL 108-136 Sec 3621...       165
       comprehensive inventory.
      United States and NATO             PL 108-136 Sec 3623...       166
       cooperation with Russia on
       ballistic missile defenses,
       sense of Congress.
    Nuclear weapons. See also Arms
     control
      Accidental launch protection,      PL 101-189 Sec 1005...       595
       sense of Congress.
      Alternative strategic nuclear      PL 100-456 Sec 908....       607
       force for the United States
       under potential START Treaty.
      Assistance limitation to           PL 104-106 Sec 1207...       114
       scientists of the former Soviet
       Union.
      Blocking property of the Russian   EO 13159..............       325
       Federation government related to
       disposition of highly enriched
       uranium.
      Collaborative measures to reduce   PL 108-375 Sec 1214...       462
       the risks of a Russian launch,
       report.
      Coordination of nonproliferation   PL 106-398 Sec 3174...       494
       programs, sense of Congress.
      Effect of strategic arms           PL 101-189 Sec 1001...       592
       reduction agreement on Trident
       program, report.
      Elimination of Weapons Grade
       Plutonium Program
        Department of Energy programs..  PL 107-314 Sec 3151...        67
        Funds use limitation...........  PL 106-398 Sec 1310...        84
      Emergency preparedness testing...  PL 104-201 Sec 1415...       265
      Emergency response...............  PL 104-201 Sec 1413...       264
      Former Soviet Union and Eastern    PL 102-484 Sec 1321...       576
       Europe reduction policy.
      High-yield explosives response     PL 104-201 Sec 1414...       265
       team.
      Indefinite extension of Nuclear    PL 103-337 Sec 1508...       559
       Non-Proliferation Treaty, sense
       of Congress.
      International nonproliferation     PL 103-160 Sec 1611...       569
       activities.
      Iran-Iraq Arms Non-Proliferation
       Act of 1992
        Development and demonstration    PL 102-484 Sec 3153...       583
         program.
        International fissile material   PL 102-484 Sec 3151...       582
         and warhead control
         negotiations.
      Nonproliferation provisions,       PL 109-163 Sec 1212...       458
       report.
      North Korea and the Treaty on the  PL 103-160 Sec 1613...       572
       Non-Proliferation of Nuclear
       Weapons.
      Nuclear Cities Initiative........  PL 106-398 Sec 3172...       490
    Nuclear weapons--Continued
      Nuclear Cities Initiative--
       Continued
                                         PL 107-107 Sec 3132...       486
      Nuclear Cities Initiative program  PL 107-107 Sec 3131...       486
       and Initiatives for
       Proliferation Prevention program
       consolidation.
      Nuclear cooperation between the    PL 99-183.............       446
       United States and China.
      Nuclear non-proliferation          EO 12058..............       349
       functions.
      Nuclear winter findings and        PL 98-525 Sec 1107....       628
       policy implications, report.
                                         PL 99-145 Sec 1006....       624
      Plutonium production elimination.  PL 104-201 Sec 1432...       270
      Purchase, packaging and            PL 104-201 Sec 1455...       275
       transportation of fissile
       materials at risk of theft,
       sense of Congress.
      Purchase of low-enriched uranium   PL 104-201 Sec 1454...       275
       derived from Russian highly
       enriched uranium, sense of
       Congress.
      Reduction of excessive             PL 108-136 Sec 3122...       471
       unobligated or unexpended
       balances for defense nuclear
       nonproliferation activities,
       report.
      Risk reduction centers
        Establishment in the United      PL 98-525 Sec 1108....       629
         States and Soviet Union, sense
         of Congress
        Support........................  PL 100-180 Sec 907....       616
        Support, sense of Congress.....  PL 99-661 Sec 1004....       619
      Risk reduction measures, sense of  PL 101-510 Sec 1441...       587
       Congress.
      Russian nonstrategic nuclear       PL 106-65 Sec 1312....        91
       arms, sense of Congress.
      Russian nonstrategic weapons.....  PL 105-261 Sec 1504...       508
      Russian strategic missile          PL 105-85 Sec 1301....       520
       detargeting, report.
      Safe and secure dismantlement of   PL 103-337 Sec 1209...       121
       Soviet arsenal, sense of
       Congress.
      Securing weapons, material and     PL 107-107 Sec 1205...       482
       expertise of the states of the
       former Soviet Union.
      Security issues, report..........  PL 102-190 Sec 3142...       586
      Soviet Nuclear Threat Reduction    PL 102-228............       148
       Act of 1991.
        Administration of program......  PL 102-228 Sec 221....       150
        Authorization of program.......  PL 102-228 Sec 212....       149
        Dire emergency supplemental      PL 102-228 Sec 223....       152
         appropriations.
        Emergency airlift authorization  PL 102-228 Sec 301....       152
        Findings.......................  PL 102-228 Sec 211....       148
        Prior notice of obligations to   PL 102-228 Sec 231....       152
         Congress.
        Repayment arrangements.........  PL 102-228 Sec 222....       151
        Reporting requirements.........  PL 102-228 Sec 302....       154
      START talks, sense of Congress...  PL 100-456 Sec 902....       605
      START Treaties
        Funds use limitation...........  PL 105-85 Sec 1404....       103
        Modernization..................  PL 101-510 Sec 1442...       589
        Monitoring issues, report......  PL 106-113 Sec 1114...        32
        Ratification, sense of Congress  PL 104-106 Sec 1406...       551
        Report required before           PL 101-510 Sec 1443...       589
         agreement, sense of Congress.
        Strategic nuclear delivery       PL 104-106 Sec 1404...       549
         systems, limitation on
         retirement or dismantlement.
                                         PL 104-201 Sec 1302...       533
                                         PL 105-85 Sec 1302....       521
        Strategic stability under START  PL 106-65 Sec 1503....       505
         III, report.
    Nuclear weapons--Continued
      Storage sites agreement between    PL 106-398 Sec 1306...        79
       Russia and United States.
      Strategic arms reductions, sense   PL 106-65 Sec 1502....       504
       of Congress.
      Strategic nuclear delivery         PL 104-106 Sec 1404...       549
       systems, limitation on
       retirement or dismantlement.
                                         PL 104-201 Sec 1302...       533
                                         PL 105-85 Sec 1302....       521
      Strategic nuclear submarine        PL 98-525 Sec 1101....       626
       force, report.
      Strategic nuclear warhead          PL 108-136 Sec 1033...       469
       dismantling, report.
      Strategic stability under START    PL 106-65 Sec 1503....       505
       III, report.
      Strengthening sanctions against    PL 104-201 Sec 1303...       535
       proliferation activities.
      Tactical nuclear warheads          PL 98-525 Sec 1104....       627
       withdrawal from Europe, report.
      Testing, sense of Congress.......  PL 99-661 Sec 1002....       617
      Testing and test ban readiness     PL 102-190 Sec 3140...       585
       program negotiation resumption,
       report.
      Testing limitations negotiation..  PL 103-337 Sec 1509...       560
      Tests in South Asia, sense of      PL 105-261 Sec 1532...       518
       Congress.
      Theater nuclear weapons and force  PL 98-525 Sec 1103....       626
       structure, report.
      Treaties to prevent testing        PL 98-525 Sec 1111....       633
       policy.
      United States-Soviet negotiations  PL 99-145 Sec 1004....       624
       on reduction in nuclear arms,
       sense of Congress.
      United States stockpile safety,    PL 105-85 Sec 1305....       526
       security and reliability.
      Verification conducted with        PL 101-189 Sec 1002...       593
       regard to mobile ICMs under
       START agreement, report.
      Verification of compliance with    PL 101-189 Sec 1010...       599
       agreements to limit testing,
       report.
      Warhead dismantlement and          PL 102-190 Sec 3141...       585
       material disposal.
                                        OOECD. See Organization for Economic
     Cooperation and Development
    On-Site Inspection Agency
      Definitions......................  PL 87-297 Sec 504.....        26
      Establishment and                  PL 87-297 Sec 501.....        24
       responsibilities of.
      Policy coordination..............  PL 87-297 Sec 502.....        25
      Reprogramming notifications        PL 87-297 Sec 503.....        26
       review.
    Operation Desert Shield/Desert
     Storm
      Arms sales restriction to Saudi    PL 102-229 Sec 104....       156
       Arabia and Kuwait.
      Congressional designation of       PL 102-229 Sec 202....       159
       emergency.
    Organization for Economic
     Cooperation and Development
      Nuclear and radiological security  PL 108-136 Sec 3631...       167
       and safety discussions with IAEA.
    Organization of American States
      Privileges to representatives of   PL 82-486.............       862
       member states.
    Organization of Eastern Caribbean
     States
      Immunities, exemptions and         PL 79-291 Sec 11......       860
       privileges.
    OSIA. See On-Site Inspection Agency
    Overseas Private Investment
     Corporation
      Taiwan relations.................  PL 96-8 Sec 5.........       722
                                        PPanama Canal
      Delegation of functions..........  EO 12215..............       804
        Agencies.......................  EO 12215 Sec 1-4......       806
        Coordination of pay and          EO 12215 Sec 1-2......       804
         employment practices.
        Panama Canal Commission........  EO 12215 Sec 1-3......       805
        Secretary of Defense...........  EO 12215 Sec 1-1......       804
    Panama Canal Act of 1979...........  PL 96-70..............       737
      Accounting policies..............  PL 96-70 Sec 1311.....       777
      Audits...........................  PL 96-70 Sec 1313.....       777
      Board of Contract Appeals........  PL 96-70 Sec 3102.....       796
      Claims for injuries to persons or  PL 96-70 Sec 1401.....       784
       property.
      Congressional restraints on        PL 96-70 Sec 1344.....       783
       property transfer and tax
       expenditures.
      Definitions......................  PL 96-70 Sec 3........       740
      Disaster relief..................  PL 96-70 Sec 1343.....       782
      Interagency services.............  PL 96-70 Sec 1321.....       779
      Operating regulations............  PL 96-70 Sec 1801.....       794
      Panama Canal Board of Appeals
        Appeals to.....................  PL 96-70 Sec 1222.....       760
        Duties.........................  PL 96-70 Sec 1221.....       760
      Panama Canal Commission
        Administrator..................  PL 96-70 Sec 1103.....       746
        Ambassador's authority.........  PL 96-70 Sec 1110.....       749
        Code of conduct for personnel..  PL 96-70 Sec 1112.....       750
        Consultative committee.........  PL 96-70 Sec 1105.....       747
        Deputy administrator...........  PL 96-70 Sec 1104.....       747
        Establishment, purposes,         PL 96-70 Sec 1101.....       742
         offices and residence.
        General powers.................  PL 96-70 Sec 1102a....       744
        Joint Commission on the          PL 96-70 Sec 1106.....       747
         Environment.
        Joint sea level canal study      PL 96-70 Sec 1109.....       749
         committee.
        Office of Ombudsman............  PL 96-70 Sec 1113.....       751
        Panama Canal defense...........  PL 96-70 Sec 1108.....       748
        Security legislation...........  PL 96-70 Sec 1111.....       750
        Specific powers................  PL 96-70 Sec 1102b....       745
        Supervisory board..............  PL 96-70 Sec 1102.....       742
        Travel expenses................  PL 96-70 Sec 1107.....       748
      Panama Canal Commission personnel
        Air transportation.............  PL 96-70 Sec 1210.....       755
        Applicability of benefits......  PL 96-70 Sec 1209.....       754
        Appointment, compensation and    PL 96-70 Sec 1202.....       752
         duties.
        Benefits based on basic pay....  PL 96-70 Sec 1218.....       759
        Canal Zone Policy Coordinating   PL 96-70 Sec 1261.....       770
         Board.
        Compensation of uniformed        PL 96-70 Sec 1204.....       753
         services individuals.
        Deduction from basic pay for     PL 96-70 Sec 1205.....       754
         supplies or services.
        Definitions....................  PL 96-70 Sec 1201.....       752
                                         PL 96-70 Sec 1211.....       755
        Disability benefits              PL 96-70 Sec 1245.....       768
         administration.
        Employment standards...........  PL 96-70 Sec 1213.....       756
        Labor-management relations.....  PL 96-70 Sec 1271.....       770
        Law enforcement employees......  PL 96-70 Sec 1261.....       770
        Merit requirements.............  PL 96-70 Sec 1212.....       755
        Placement......................  PL 96-70 Sec 1232.....       764
        Privileges and immunities......  PL 96-70 Sec 1208.....       754
        Quarters allowance.............  PL 96-70 Sec 1217a....       758
        Recruitment and retention        PL 96-70 Sec 1217.....       757
         remuneration.
    Panama Canal Act of 1979--Continued
      Panama Canal Commission
       personnel--Continued
        Retirement under special treaty  PL 96-70 Sec 1243.....       766
         provisions.
        Review and adjustment of         PL 96-70 Sec 1220.....       760
         classifications, grades and
         pay level.
        Transfer of Federal employees..  PL 96-70 Sec 1203.....       753
        Transferred or reemployed        PL 96-70 Sec 1231.....       761
         employees.
        Transition separation incentive  PL 96-70 Sec 1233.....       764
         payments.
        Uniform application of           PL 96-70 Sec 1216.....       757
         standards and rates.
      Panama Canal Revolving Fund
        Borrowing authority............  PL 96-70 Sec 1304.....       775
        Dissolution of Commission......  PL 96-70 Sec 1305.....       775
        Emergency authority............  PL 96-70 Sec 1303.....       774
        Establishment of...............  PL 96-70 Sec 1302.....       772
        Printing.......................  PL 96-70 Sec 1306.....       776
      Payments to the Republic of        PL 96-70 Sec 1341.....       781
       Panama.
      Postal service...................  PL 96-70 Sec 1331.....       780
      Procurement regulations..........  PL 96-70 Sec 3101.....       795
      Public property
        Assets and liabilities of        PL 96-70 Sec 1501.....       789
         Panama Canal Company.
        Disposition of property of the   PL 96-70 Sec 1503.....       790
         United States.
        Transfer of property to Panama.  PL 96-70 Sec 1504.....       790
        Transfers and cross-servicing    PL 96-70 Sec 1502.....       789
         between agencies.
      Reimbursements...................  PL 96-70 Sec 1321.....       779
      Reports..........................  PL 96-70 Sec 3301.....       798
      Statement of purpose.............  PL 96-70 Sec 2........       740
      Tolls for use of Canal
        Bases of tolls.................  PL 96-70 Sec 1602.....       791
        Calculation of interest........  PL 96-70 Sec 1603.....       792
        Prescription of measurement      PL 96-70 Sec 1601.....       791
         rules and rates.
        Procedures.....................  PL 96-70 Sec 1604.....       793
      Transactions with the Republic of  PL 96-70 Sec 1342.....       782
       Panama.
      Vessel damage claims
        Actions on claims..............  PL 96-70 Sec 1416.....       787
        Board of Local Inspectors......  PL 96-70 Sec 1418.....       788
        Delays for which no              PL 96-70 Sec 1414.....       787
         responsibility is assumed.
        Injuries in locks of Canal.....  PL 96-70 Sec 1411.....       784
        Injuries outside locks.........  PL 96-70 Sec 1412.....       785
        Insurance......................  PL 96-70 Sec 1419.....       789
        Investigation of accident or     PL 96-70 Sec 1417.....       788
         injury.
        Measure of damages.............  PL 96-70 Sec 1413.....       786
        Settlement.....................  PL 96-70 Sec 1415.....       787
      Vessel inspection
        Foreign vessels................  PL 96-70 Sec 1812.....       795
        Regulations....................  PL 96-70 Sec 1813.....       795
        Vessels subject to inspection..  PL 96-70 Sec 1811.....       795
    Panama Canal Commission              PL 100-705............       800
     Compensation Fund Act of 1988.
      Continuation of benefits.........  PL 100-705 Sec 6......       802
      Establishment of Fund............  PL 100-705 Sec 2......       800
      Final evaluation of the Fund.....  PL 100-705 Sec 5......       801
      Operation of Fund................  PL 100-705 Sec 3......       800
      Transfers from the Fund for        PL 100-705 Sec 4......       801
       compensation benefits.
    Panama Canal Reauthorization
      Report to Congress...............  PL 100-203 Sec 5418...       803
    Partnership for Peace Information
     Management System
      Funding..........................  PL 104-208 Sec 608....       710
    Peaceful Nuclear Explosions Treaty
      On-Site Inspection Agency          PL 87-297 Sec 501.....        25
       responsibilities.
    Peacekeeping activities
      Funds use prohibition for          PL 104-106 Sec 1203...       113
       exercises with Russia.
      Middle East
        United States payments           PL 94-37..............       850
         authorization.
      Reform certification requirements  PL 106-113 Sec 931....       835
      Restriction on United States       PL 107-206 Sec 2005...       676
       participation in certain United
       Nations operations.
      United States financial            PL 79-264 Sec 4.......       812
       contributions to.
    People's Republic of China
      Adherence to Missile Technology    PL 106-65 Sec 1401....       495
       Control Regime.
      Diplomatic privileges to the       PL 93-22..............       864
       Liaison Office.
      End-use verification for use of    PL 106-65 Sec 1407....       499
       high-performance computers.
      Exporting high-performance         PL 106-65 Sec 1406....       499
       computers to, report.
      Joint Defense Conversion           PL 104-201 Sec 1307...       541
       Commission with United States.
      Military capabilities, report....  PL 104-201 Sec 1305...       537
      Nonproliferation provisions
        Prohibition on procurements      PL 109-163 Sec 1211...       457
         from military companies.
      Sales and transfers of military    PL 107-107 Sec 1221...       484
       hardware, expertise and
       technology, report.
      Satellite export controls, report  PL 105-261 Sec 1515...       513
      Technology transmitted to, report  PL 106-65 Sec 1405....       499
      Weapons proliferation and          PL 104-201 Sec 1306...       538
       policies, report.
    Presidential Special                 PL 87-297 Sec 201.....         9
     Representatives.
    Proliferation Prevention             PL 106-113............       209
     Enhancement Act of 1999.
      Automated Export System
        Mandatory use..................  PL 106-113 Sec 1252...       210
        Voluntary use, sense of          PL 106-113 Sec 1253...       211
         Congress.
      Definitions......................  PL 106-113 Sec 1256...       212
      Department of State licensing      PL 106-113 Sec 1255...       211
       procedures acceleration.
    Protection of foreign diplomatic
     missions by the United States
     Secret Service
      Powers, authorities and duties of  18 USC Sec 3056A......       875
       Uniformed Division.
                                        RRadar, Krasnoyarsk
      Findings and sense of Congress...  PL 100-180 Sec 902....       612
                                         PL 101-189 Sec 1006...       596
    Radiological weapons. See also Arms
     control
      Emergency preparedness testing...  PL 104-201 Sec 1415...       265
      High-yield explosives response     PL 104-201 Sec 1414...       265
       team.
    Reaffirming the United States        PL 96-9...............       717
     commitment to the North Atlantic
     Alliance.
    Reaffirming the unity of the North   PL 95-287.............       718
     Atlantic Alliance commitment.
    Red Cross, International Committee
     of the
      Immunities, exemptions and         PL 79-291 Sec 11......       860
       privileges.
    Refugees
      International mine clearing        PL 102-484 Sec 1364...       579
       efforts, report.
    Regional Airspace Initiative
      Funding..........................  PL 104-208 Sec 608....       710
    Reports to Congress
      American Institute of Taiwan.....  PL 96-8 Sec 12........       726
      Arms control
        Activities and assistance......  PL 106-398 Sec 1308...        80
        Annual review of IAEA projects.  PL 107-228 Sec 1343...       186
        Appropriations request summary   PL 105-261 Sec 1307...        97
         submission requirement.
        Assistance to Russia for         PL 103-160 Sec 1612(d)       572
         construction of plutonium
         storage facility.
        Audits.........................  PL 106-398 Sec 1311...        84
        Automated Export System          PL 106-113 Sec 1254...       211
         mandatory use.
        Ballistic missile defense        PL 105-277 Sec 2705(d)       703
         restrictions and requirements.
        Biological weapons programs in   PL 105-261 Sec 1308...        98
         Russia.
        China weapons proliferation....  EO 12851 Sec 4........       315
        Collaborative measures to        PL 108-375 Sec 1214...       462
         reduce the risks of a Russian
         nuclear weapons launch.
        Compliance verification........  PL 87-297 Sec 306.....        14
        Comprehensive inventory of       PL 109-163 Sec 3115...       459
         Russian nonstrategic nuclear
         weapons.
        Comprehensive preparedness       PL 104-201 Sec 1443(c)       274
         program.
        Contributions of foreign         PL 104-293 Sec 722....       258
         persons to weapons of mass
         destruction and delivery
         systems efforts of countries
         of concern.
        Counterproliferation activities  PL 103-337 Sec 1503...       555
         and programs.
        Counterproliferation program     PL 106-65 Sec 1504....       506
         review committee.
        Crisis stability and control     PL 99-93 Sec 706(b)...        44
         study.
        Defense industries conversion..  PL 101-216 Sec 106....        39
        Demarches......................  PL 103-236 Sec 828....       282
        Department of Energy             PL 106-398 Sec 3173...       493
         nonproliferation monitoring.
        Department of Energy             PL 95-238 Sec 203.....       354
         requirements.
        Detailing United States          PL 107-228 Sec 1603(b)       189
         governmental personnel to
         international organizations.
        Determinations regarding use of  PL 102-182 Sec 306(b).       304
         chemical or biological weapons.
        Elimination of Russian           PL 106-398 Sec 1309...        83
         stockpile.
        Expanded Threat Reduction        PL 106-65 Sec 1309....        91
         Initiative.
        Foreign launch security          PL 106-65 Sec 1405....       499
         violations.
        Former Soviet Union and Eastern  PL 102-484 Sec 1321(c)       578
         Europe nuclear weapons
         reduction.
        Funding allocations............  PL 106-398 Sec 1302(b)        78
                                         PL 107-107 Sec 1302(b)        73
                                         PL 108-136 Sec 1302(b)        54
                                         PL 108-375 Sec 1302(b)        51
                                         PL 109-163 Sec 1302(b)        47
                                         PL 107-314 Sec 1302(c)        64
        Funds use limitation for         PL 106-398 Sec 1307(b)        79
         construction of fossil fuel
         energy plants.
        Funds use prohibition until      PL 104-201 Sec 1504...       109
         report submission.
    Reports to Congress--Continued
      Arms control--Continued
        Funds use prohibition until
         report submission--Continued
                                         PL 106-65 Sec 1306....        90
                                         PL 107-107 Sec 1303...        74
                                         PL 107-314 Sec 1303...        65
        Individuals with expertise in    PL 105-261 Sec 1309...        99
         weapons of mass destruction
         programs.
        Inspector General..............  PL 100-213 Sec 6......        41
        International nonproliferation   PL 102-484 Sec 1505(e)       295
         initiative.
        International security for       PL 107-314 Sec 3158...       478
         nuclear materials and
         operations.
        International Space Station      PL 106-178 Sec 6(i)...       198
         payments.
        Iran and Syria nonproliferation  PL 106-178 Sec 2......       192
        Iran-Iraq nonproliferation.....  PL 102-484 Sec 1607...       299
        Iran nuclear proliferation       PL 107-228 Sec 1344...       187
         prevention.
        Iraq acquisition of advanced     PL 108-136 Sec 1204...       470
         weapons.
        Limited waiver of restrictions   PL 107-314 Sec 1306...        66
         on use of funds.
        Military assistance to civilian  PL 104-201 Sec 1416...       267
         law enforcement officials in
         emergency situations involving
         biological or chemical weapons.
        Missile proliferation sanctions  EO 12851 Sec 2(c).....       315
        Negotiating records............  PL 103-236 Sec 713(b).        37
        Nonproliferation activities of   PL 102-484 Sec 1503...       290
         Department of Defense and
         Department of Energy.
        Nonproliferation and             PL 103-160 Sec 1606...       568
         counterproliferation
         activities and programs.
        Nonproliferation and             PL 102-511 Sec 508(b).       137
         disarmament activities.
        Nonproliferation assistance      PL 107-228 Sec 1339(a)       185
         coordination.
        Nonstrategic nuclear weapons...  PL 109-163 Sec 1212...       458
        Nuclear Cities Initiative......  PL 107-107 Sec 3132...       486
        Nuclear material export          PL 83-703 Sec 134.....       412
         restrictions.
        Nuclear material international   PL 83-703 Sec 130.....       401
         agreements.
        Nuclear nonproliferation.......  PL 95-242 Sec 601.....       344
                                         PL 95-242 Sec 602.....       346
                                         PL 103-236 Sec 843....       286
                                         PL 106-113 Sec 1134...       207
        Nuclear nonproliferation         PL 95-242 Sec 503.....       344
         assistance to developing
         countries.
        Obligation of funds prior        PL 103-160 Sec 1206...       128
         notice.
                                         PL 104-106 Sec 1205...       113
        Offensive warfare program of     PL 103-337 Sec 1207...       118
         the former Soviet Union.
        On-site inspection agency......  PL 100-456 Sec 909....       608
        People's Republic of China       PL 106-65 Sec 1401(b).       495
         adherence to Missile
         Technology Control Regime.
        Policy and actions.............  PL 87-297 Sec 403.....        21
        Policy implications............  PL 100-180 Sec 906....       616
        Proliferation of missiles and    PL 107-228 Sec 1308...       171
         essential components of
         nuclear, biological, chemical
         and radiological weapons.
        Reduction of excessive           PL 108-136 Sec 3122...       471
         unobligated or unexpended
         balances for defense nuclear
         nonproliferation activities.
    Reports to Congress--Continued
      Arms control--Continued
        Removal or security of fissile   PL 108-375 Sec 3132...       464
         materials, radiological
         materials, and related
         equipment at vulnerable sites.
        Report submission requirement..  PL 106-65 Sec 1308....        90
        Research and development         PL 103-236 Sec 711....        37
         coordination.
        Response to increased missile    PL 105-261 Sec 1533...       518
         threat in Asia-Pacific region.
        Response to threats of           PL 104-201 Sec 1411(b)       264
         terrorist incidents.
        Revenue use....................  PL 107-314 Sec 1304...        65
        Revitalization of ACDA.........  PL 103-236 Sec 717....        37
        Russian Federation debt          PL 107-228 Sec 1321...       181
         reduction for nonproliferation.
        Russian nonstrategic nuclear     PL 105-261 Sec 1504...       508
         weapons.
        Russian proliferation to Iran    PL 107-314 Sec 1206...       476
         and other countries of concern.
        Russian strategic missile        PL 105-85 Sec 1301....       520
         detargeting.
        Sales and transfers of military  PL 107-107 Sec 1221...       484
         hardware, expertise and
         technology to the People's
         Republic of China.
        Sanctions against use of         PL 102-182 Sec 307(d).       308
         chemical or biological weapons.
        South Asia nuclear and missile   PL 107-228 Sec 1601(c)       189
         nonproliferation.
        Soviet compliance with           PL 98-525 Sec 1106....       628
         agreements.
        Soviet Union compliance with     PL 100-180 Sec 903....       613
         Threshold Test Ban Treaty.
        Special nuclear materials of     PL 102-511 Sec 510....       140
         the former Soviet Union.
        Standing Consultative            PL 100-213 Sec 3(c)...        40
         Commission.
        START and START II Treaties      PL 106-113 Sec 1114...        32
         monitoring.
        Status of Nuclear Materials      PL 106-398 Sec 3171...       489
         Protection, Control and
         Accounting Program.
        Strategic arms reduction talks   PL 101-510 Sec 1443...       590
         agreement.
        Strategic nuclear warhead        PL 108-136 Sec 1033...       469
         dismantling.
        Strategic stability under START  PL 106-65 Sec 1503....       505
         III.
        Studies compilation............  PL 87-297 Sec 308.....        16
        Technology acquisition relating  PL 104-293 Sec 721....       257
         to weapons of mass destruction
         and advanced conventional
         munitions.
        Transfers of militarily          PL 106-65 Sec 1402....       496
         sensitive technology to
         countries of concern.
        Transmission of classified       PL 105-261 Sec 1502...       507
         summaries.
        United States counterforce       PL 98-525 Sec 1105....       627
         capability.
        Uranium enrichment capacity....  PL 95-242 Sec 103.....       334
        Verification policy and          PL 100-456 Sec 910....       609
         research and development
         activities coordination.
        Weapons-grade uranium and        PL 108-136 Sec 3123...       471
         plutonium of the former Soviet
         Union.
        Weapons of mass destruction,     PL 103-337 Sec 1204...       117
         control and accountability of
         materials.
      Arms control verification          PL 99-145 Sec 1003....       623
       capabilities, study.
    Reports to Congress--Continued
      Ballistic missile defense          PL 101-189 Sec 1004...       594
       systems, capabilities of United
       States and Soviet Union to
       produce and deploy.
      Chairman of the Joint Chiefs of    PL 99-661 Sec 1003....       618
       Staff on United States non-
       compliance with strategic arms
       agreements.
      Chemical Weapons Convention
        Inspections....................  PL 105-277 Sec 309....       239
        United States National           PL 105-277 Sec 401....       240
         Authority requirements.
      Commission to Assess the           PL 104-201 Sec 1323...       545
       Ballistic Missile Threat to the
       United States.
      Compliance with existing           PL 99-145 Sec 1001(b).       622
       strategic offensive arms
       agreements policy.
      Cooperative threat reduction
        Elimination of impediments to    PL 109-163 Sec 1304...        48
         programs.
        Funding allocations............  PL 109-163 Sec 1302(b)        47
      Diplomatic and consular missions,  PL 99-93 Sec 136......       896
       Soviet employees at United
       States missions in the Soviet
       Union.
      Emergency communications           PL 105-261 Sec 1503...       508
       capabilities between United
       States and Russia.
      Export control violations by       PL 106-65 Sec 1412....       503
       satellite manufacturers.
      Federal Bureau of Investigation
        Chemical Weapons Convention      PL 106-113 Sec 1117(b)        33
         Implementation Act
         implementation.
      Haiti
        Human rights...................  PL 103-423 Sec 4......       657
        United States agreements.......  PL 103-423 Sec 5......       657
        United States policy...........  PL 103-423 Sec 3......       656
      Intercountry adoption............  PL 106-279 Sec 104....       900
      International mine clearing        PL 102-484 Sec 1364...       579
       efforts in refugee situations.
      International Nonproliferation     PL 102-511 Sec 509(e).       139
       Initiative.
      Iraq
        Authorization for use of         PL 102-1 Sec 3........       659
         military force.
      Middle East
        Multinational Force and          PL 97-132 Sec 6.......       690
         Observers participation.
      Military consequences of           PL 100-180 Sec 905....       615
       elimination of ballistic
       missiles.
      Missile Technology Control Regime  PL 100-180 Sec 901....       611
      Moratorium on antipersonnel        PL 104-106 Sec 1402...       548
       landmines use by Armed Forces.
                                         PL 105-85 Sec 1309....       530
      Multinational force in Lebanon...  PL 98-119 Sec 4.......       665
      National emergencies.............  PL 94-412 Sec 401.....       646
      NATO participation...............  PL 103-447 Sec 205....       716
      Negotiations with the Soviet       PL 101-189 Sec 1009...       598
       Union regarding limitations on
       anti-satellite capabilities.
      Nuclear export requirement.......  PL 105-261 Sec 1523...       516
      Nuclear security initiative
        Comprehensive inventory of       PL 108-136 Sec 3621(b)       166
         Russian tactical weapons.
        Management assessment of threat  PL 108-136 Sec 3611(c)       165
         reduction and nonproliferation
         programs.
        Nuclear and radiological         PL 108-136 Sec 3631...       167
         security and safety
         discussions between IAEA and
         OECD.
        United States and NATO           PL 108-136 Sec 3623...       166
         cooperation with Russia on
         ballistic missile defenses.
    Reports to Congress--Continued
      Nuclear weapons
        Accidental launch protection...  PL 101-189 Sec 1005(c)       596
        Alternative strategic nuclear    PL 100-456 Sec 908....       607
         force for the United States
         under potential START Treaty.
        Effect of strategic arms         PL 101-189 Sec 1001...       592
         reduction agreement on Trident
         program.
        Nuclear winter findings and      PL 98-525 Sec 1107....       628
         policy implications.
                                         PL 99-145 Sec 1006....       624
        Risk reduction measures........  PL 101-510 Sec 1441(c)       588
        Strategic nuclear submarine      PL 98-525 Sec 1101....       626
         force.
        Tactical nuclear warheads        PL 98-525 Sec 1104....       627
         withdrawal from Europe.
        Testing and test ban readiness   PL 102-190 Sec 3140...       585
         program negotiation resumption.
        Theater nuclear weapons and      PL 98-525 Sec 1103....       626
         force structure.
        Verification conducted with      PL 101-189 Sec 1002...       593
         regard to mobile ICMs under
         START agreement.
      Nuclear weapons security issues..  PL 102-190 Sec 3142...       586
      Panama Canal reauthorization.....  PL 100-203 Sec 5418...       803
      Panama Canal Treaty..............  PL 96-70 Sec 3301.....       798
      People's Republic of China
        Exporting high-performance       PL 106-65 Sec 1406....       499
         computers to.
        Military capabilities..........  PL 104-201 Sec 1305...       537
        Satellite export controls......  PL 105-261 Sec 1515...       513
        Technology transmitted to......  PL 106-65 Sec 1405....       499
        Weapons proliferation and        PL 104-201 Sec 1306...       538
         policies.
      Satellite survivability..........  PL 101-189 Sec 1008...       597
      Satellite technology safeguards..  PL 106-65 Sec 1409....       501
      Satellites
        United States Munitions List     PL 105-261 Sec 1513...       510
         export controls.
      Somalia
        Involvement of United States     PL 103-160 Sec 1512...       662
         Armed Forces.
      Soviet weapons destruction
        Emergency airlift authorization  PL 102-228 Sec 301....       154
        Prior notice of obligations....  PL 102-228 Sec 231....       152
      Space nuclear reactors effect on   PL 101-189 Sec 1012...       600
       gamma-ray astronomy missions.
      United Nations
        Financial contributions to.....  PL 79-264 Sec 4.......       812
      Use of military force against      PL 107-243 Sec 4......       652
       Iraq.
      Verification of compliance with    PL 101-189 Sec 1010...       599
       agreements to limit nuclear
       testing.
      War Powers Resolution............  PL 93-148 Sec 4.......       638
    Republic of Panama. See Panama
     Canal Act of 1979
    Resolution to promote peace and      PL 85-7...............       685
     stability in the Middle East.
    Riot control agents
      Renunciation of war use..........  EO 11850..............       311
    Ronald W. Reagan National Defense    PL 108-375............       460
     Authorization Act, FY 2005. See
     also Cooperative Threat Reduction,
     FY 2005.
      Collaborative measures to reduce   PL 108-375 Sec 1214...       462
       the risks of a Russian nuclear
       weapons launch, report.
      Defense international              PL 108-375 Sec 1211...       460
       counterproliferation programs.
      Global partnership against spread  PL 108-375 Sec 1213...       461
       of weapons of mass destruction,
       sense of Congress.
    Ronald W. Reagan National Defense
     Authorization Act, FY 2005--
     Continued
      Nonproliferation of ballistic      PL 108-375 Sec 1212...       460
       missiles, policy and sense of
       Congress.
      Nuclear nonproliferation           PL 108-375 Sec 3134...       467
       fellowships for United States
       and Russian Federation
       scientists.
      Removal or security of fissile     PL 108-375 Sec 3132...       462
       materials, radiological
       materials, equipment at
       vulnerable sites.
      Silk Road Initiative.............  PL 108-375 Sec 3133...       466
    Russia
      Assistance for construction of     PL 103-160 Sec 1612...       572
       plutonium storage facility.
      Department of Energy national
       security programs
        Elimination of weapons grade     PL 107-314 Sec 3151...        67
         plutonium production.
      Emergency communications           PL 105-261 Sec 1503...       508
       capabilities with United States,
       report.
      Nonstrategic nuclear weapons.....  PL 105-261 Sec 1504...       508
      START Treaty
        Monitoring issues, report......  PL 106-113 Sec 1114...        32
      Strategic missile detargeting,     PL 105-85 Sec 1301....       520
       report.
    Russian Federation
      Blocking property of the           EO 13159..............       325
       government related to
       disposition of highly enriched
       uranium extracted from nuclear
       weapons.
      Collaborative measures to reduce   PL 108-375 Sec 1214...       462
       the risks of a nuclear weapons
       launch, report.
      Comprehensive inventory of         PL 109-163 Sec 3115...       459
       nonstrategic nuclear weapons,
       report.
      Joint Data Exchange Center         PL 107-107 Sec 1202...       481
       funding limitation.
      Nuclear nonproliferation           PL 108-375 Sec 3134...       467
       fellowships for scientists.
      Nuclear security initiative
        Comprehensive inventory of       PL 108-136 Sec 3621...       165
         tactical weapons.
        Enhanced collaboration for more  PL 108-136 Sec 3624...       167
         reliable Russian early warning
         systems, sense of Congress.
        Interparliamentary Threat        PL 108-136 Sec 3622...       166
         Reduction Working Group
         establishment.
        United States and NATO           PL 108-136 Sec 3623...       166
         cooperation on ballistic
         missile defenses, sense of
         Congress.
      Proliferation to Iran and other    PL 107-314 Sec 1206...       476
       countries of concern, report.
    Russian Federation Debt Reduction    PL 107-228............       175
     for Nonproliferation Act of 2002.
      Center for an Independent Press    PL 107-228 Sec 1316...       180
       and the Rule of Law
       establishment.
      Congressional consultations......  PL 107-228 Sec 1320...       181
      Debt reduction authority           PL 107-228 Sec 1317...       180
       restriction.
      Debt reduction with other          PL 107-228 Sec 1318...       181
       creditor states, sense of
       Congress.
      Definitions......................  PL 107-228 Sec 1313...       177
      Findings.........................  PL 107-228 Sec 1311(a)       175
      Purposes.........................  PL 107-228 Sec 1311(b)       177
      Reduction of Soviet-era debt       PL 107-228 Sec 1314...       178
       obligations to the United States
       authorization.
      Reports to Congress..............  PL 107-228 Sec 1321...       181
      Russian Federation                 PL 107-228 Sec 1315...       179
       Nonproliferation Investment
       Agreement.
    Russian Federation Debt Reduction
     for Nonproliferation Act of 2002--
     Continued
      United States policy               PL 107-228 Sec 1319...       181
       implementation, sense of
       Congress.
                                        SSALT II Treaty
      Compliance, sense of Congress....  PL 99-661 Sec 1001....       617
    Satellites
      Export control violations by       PL 106-65 Sec 1412....       503
       manufacturers.
      Export controls
        Certification of missile         PL 105-261 Sec 1512...       510
         equipment or technology to
         China.
        National security controls on    PL 105-261 Sec 1514...       511
         licensing.
        People's Republic of China       PL 105-261 Sec 1515...       513
         launching, report.
        Related items defined..........  PL 105-261 Sec 1516...       514
        Sense of Congress..............  PL 105-261 Sec 1511...       509
        United States Munitions List...  PL 105-261 Sec 1513...       510
      Export licensing.................  PL 106-65 Sec 1404....       498
      License applications, enhanced     PL 106-65 Sec 1411....       502
       intelligence consultation.
      Licensing decisions for            PL 106-65 Sec 1410....       502
       commercial launch, timely
       notification by the Department
       of State,.
      Negotiations with the Soviet       PL 101-189 Sec 1009...       598
       Union regarding limitations on
       anti-satellite capabilities,
       report.
      Survivability, report............  PL 101-189 Sec 1008...       597
    Saudi Arabia
      Arms sales restriction...........  PL 102-229 Sec 104....       156
    Scholars. See Visiting scholars
     program
    SCIF. See Sensitive Compartmented
     Information Facility
    Secretary of Defense
      Panama Canal responsibilities....  EO 12215 Sec 1-1......       804
    Secretary of State. See also State,
     Department of
      Assistant Secretaries of State
        Arms control verification and    PL 106-113 Sec 1112...        31
         compliance.
      Intercountry adoption
        Oversight of accreditation or    PL 106-279 Sec 204....       906
         approval.
        Responsibilities...............  PL 106-279 Sec 102....       898
    Security
      Controls on satellite export       PL 105-261 Sec 1514...       511
       licensing.
      Detection equipment procurement    PL 104-201 Sec 1421...       269
       for United States border
       security.
      Exporting high-performance         PL 106-65 Sec 1406....       499
       computers to People's Republic
       of China, report.
      Exports
        Release of information by        PL 105-261 Sec 1522...       516
         Department of Commerce to
         other agencies.
      Haiti
        Presidential statement of        PL 103-423 Sec 2......       655
         objectives.
      Prohibition on transfer of         PL 107-206 Sec 2006...       677
       classified national security
       information to the International
       Criminal Court.
    Security Assistance Act of 1999.
     See Proliferation Prevention
     Enhancement Act of 1999
    Security Assistance Act of 2002
      Key Verification Assets Fund.....  PL 107-228 Sec 1102...        27
      Personnel appropriations.........  PL 107-228 Sec 1101(b)        27
      Verification and compliance        PL 107-228 Sec 1101(a)        27
       appropriations.
    Sensitive Compartmented Information
     Facility
      Verification and compliance        PL 107-228 Sec 1101(a)        27
       appropriations.
    Servicemembers' Protection Act of    PL 107-206............       671
     2002.
      Alliance command arrangements....  PL 107-206 Sec 2009...       679
      Assistance to international        PL 107-206 Sec 2015...       682
       efforts.
      Authority to free members of the   PL 107-206 Sec 2008...       678
       United States Armed Forces
       detained or imprisoned by the
       International Criminal Court.
      Constitutional authorities         PL 107-206 Sec 2011...       680
       exercise.
      Cooperation with the               PL 107-206 Sec 2004...       675
       International Criminal Court
       prohibition.
      Definitions......................  PL 107-206 Sec 2013...       681
      Findings.........................  PL 107-206 Sec 2002...       671
      Nondelegation....................  PL 107-206 Sec 2012...       680
      Prohibition of United States       PL 107-206 Sec 2007...       677
       military assistance to parties
       to the International Criminal
       Court.
      Prohibition on transfer of         PL 107-206 Sec 2006...       677
       classified national security
       information to the International
       Criminal Court.
      Restriction on United States       PL 107-206 Sec 2005...       676
       participation in certain United
       Nations peacekeeping operations.
      Waiver and termination of          PL 107-206 Sec 2003...       673
       prohibitions.
      Withholdings.....................  PL 107-206 Sec 2010...       679
    Silk Road Initiative
      Defined..........................  PL 108-375 Sec 3133(b)       467
      Funding..........................  PL 108-375 Sec 3133(c)       467
      Program authorization............  PL 108-375 Sec 3133(a)       466
    Sinai
      Implementing the United States     PL 94-110.............       693
       Proposal for the Early-Warning
       System in Sinai.
    Somalia
      Authorization for use of military
       force
        Findings.......................  PL 103-139 Sec 8151...       660
      Involvement of United States
       Armed Forces
        Policy.........................  PL 103-160 Sec 1512...       662
    South Asia
      Nuclear and missile                PL 107-228 Sec 1601...       188
       nonproliferation.
      Nuclear tests, sense of Congress.  PL 105-261 Sec 1532...       518
    Soviet Nuclear Threat Reduction Act  PL 102-228............       148
     of 1991.
      Weapons destruction
        Administration of program......  PL 102-228 Sec 221....       150
        Authorization of program.......  PL 102-228 Sec 212....       149
        Dire emergency supplemental      PL 102-228 Sec 223....       152
         appropriations.
        Emergency airlift authorization  PL 102-228 Sec 301....       152
        Findings.......................  PL 102-228 Sec 211....       148
        Prior notice of obligations to   PL 102-228 Sec 231....       152
         Congress.
        Repayment arrangements.........  PL 102-228 Sec 222....       151
        Reporting requirements.........  PL 102-228 Sec 302....       154
    Soviet Nuclear Threat Reduction--    PL 102-229............       156
     Appropriations, FY 1992.
    Soviet Nuclear Threat Reduction--
     Appropriations, FY 1992--Continued
      Arms sales restriction to Saudi    PL 102-229 Sec 104....       156
       Arabia and Kuwait.
      Congressional designation of       PL 102-229 Sec 202....       159
       emergency.
      Funds transfer...................  PL 102-229 Sec 108....       157
                                         PL 102-229 Sec 109....       158
      United States recognition of       PL 102-229 Sec 204....       159
       Ukrainian independence, sense of
       the Senate.
    Soviet Union
      Ballistic missile defense          PL 101-189 Sec 1004...       594
       systems, capability to produce
       and deploy, report.
      Compliance with arms control       PL 98-525 Sec 1106....       628
       agreements, report.
      Compliance with Threshold Test     PL 100-180 Sec 903....       613
       Ban Treaty, report.
      Cooperative threat reduction
        Activities and assistance,       PL 106-398 Sec 1308...        80
         reports.
        Appropriate congressional        PL 103-160 Sec 1208...       129
         committees defined.
        Appropriations request summary   PL 105-261 Sec 1307...        97
         submission requirement.
        Audits, report.................  PL 106-398 Sec 1311...        84
        Authorization for additional FY  PL 103-160 Sec 1209...       129
         1993 assistance.
        Biological research              PL 108-136 Sec 1304...        56
         restrictions.
        Biological weapons programs in   PL 105-261 Sec 1308...        98
         Russia, report.
        Biological weapons               PL 105-261 Sec 1305...        95
         proliferation prevention funds
         use limitation.
        Certification on use of          PL 108-136 Sec 1307...        58
         facilities.
        Chemical weapons destruction     PL 104-106 Sec 1209...       115
         facility funds use limitation.
                                         PL 105-85 Sec 1405....       103
        Chemical weapons destruction     PL 108-136 Sec 1306...        58
         facility in Russia funding
         limitation waiver.
                                         PL 108-375 Sec 1303...        52
        Chemical weapons destruction     PL 105-85 Sec 1406....       103
         funds use limitation.
                                         PL 105-261 Sec 1304...        94
                                         PL 106-65 Sec 1305....        89
        Chemical weapons elimination...  PL 106-398 Sec 1309...        83
        Construction activities funds    PL 107-107 Sec 1306...        74
         use prohibition.
        Construction of fossil fuel      PL 106-398 Sec 1307...        79
         energy plants funds use
         limitation, report.
        Cooperative counter              PL 105-261 Sec 1306...        96
         proliferation program.
        Demilitarization Enterprise      PL 103-160 Sec 1204...       126
         Fund.
        Elimination of conventional      PL 106-398 Sec 1303...        78
         weapons funds use prohibition.
        Elimination of impediments to    PL 109-163 Sec 1304...        48
         programs, report.
        Elimination of Weapons Grade     PL 106-398 Sec 1310...        84
         Plutonium Program funds use
         limitation.
        Expanded Threat Reduction        PL 106-65 Sec 1309....        91
         Initiative, report.
        Findings.......................  PL 103-160 Sec 1202...       124
        Fissile material storage         PL 105-85 Sec 1407....       104
         facility funds use limitation.
    Soviet Union--Continued
      Cooperative threat reduction--
       Continued
        Fissile material storage
         facility funds use limitation--
         Continued
                                         PL 106-65 Sec 1304....        89
                                         PL 106-398 Sec 1304...        79
                                         PL 107-107 Sec 1305...        74
                                         PL 107-314 Sec 1305...        66
        Funding allocations............  PL 104-106 Sec 1202...       111
                                         PL 104-201 Sec 1502...       107
                                         PL 105-85 Sec 1402....       101
                                         PL 105-261 Sec 1302...        93
                                         PL 106-65 Sec 1302....        87
                                         PL 106-398 Sec 1302...        77
                                         PL 107-107 Sec 1302...        72
                                         PL 107-314 Sec 1302...        63
                                         PL 108-136 Sec 1302...        54
                                         PL 108-375 Sec 1302...        51
                                         PL 109-163 Sec 1302...        47
        Funding authorization..........  PL 103-160 Sec 1205...       128
        Funding limitations............  PL 103-337 Sec 1206...       117
        Funds availability.............  PL 104-201 Sec 1505...       109
        Funds obligation, prior notice   PL 103-160 Sec 1206...       128
         to Congress requirement.
                                         PL 104-106 Sec 1205...       113
        Funds use authority............  PL 108-136 Sec 1308...        58
        Funds use limitation until       PL 106-65 Sec 1310....        91
         certification submission.
        Funds use limitation until       PL 104-201 Sec 1504...       109
         report submission.
                                         PL 106-65 Sec 1306....        90
                                         PL 107-107 Sec 1303...        74
                                         PL 107-314 Sec 1303...        65
        Funds use prohibition..........  PL 104-201 Sec 1503...       108
                                         PL 105-85 Sec 1403....       102
                                         PL 105-261 Sec 1303...        94
                                         PL 106-65 Sec 1303....        88
        Limited waiver of restrictions   PL 107-314 Sec 1306...        66
         on use of funds.
        Nonstrategic nuclear arms,       PL 106-65 Sec 1312....        91
         sense of Congress.
        Nuclear arsenal dismantlement,   PL 103-337 Sec 1209...       121
         sense of Congress.
        Nuclear weapons scientists,      PL 104-106 Sec 1207...       114
         limitation on assistance.
        Nuclear weapons storage sites    PL 106-398 Sec 1306...        79
         agreement.
        Offensive biological warfare
         program
          Funds limitation.............  PL 104-106 Sec 1208...       114
          Report.......................  PL 103-337 Sec 1207...       118
        On-site manager requirements...  PL 108-136 Sec 1305...        57
        Payment of taxes, duties, and    PL 105-85 Sec 1409....       105
         other assessments on
         assistance, report.
        Peacekeeping activities funds    PL 104-106 Sec 1203...       113
         use prohibition.
        Permit requirements............  PL 108-136 Sec 1303...        55
        Program assistance, sense of     PL 104-201 Sec 1453...       275
         Congress.
        Program coordination...........  PL 103-337 Sec 1208...       121
        Programs authorization.........  PL 103-160 Sec 1203...       124
        Purchase of low-enriched         PL 104-201 Sec 1454...       275
         uranium derived from Russian
         highly enriched uranium, sense
         of Congress.
        Report submission requirement..  PL 106-65 Sec 1308....        90
        Revenue use
          Report.......................  PL 107-314 Sec 1304...        65
    Soviet Union--Continued
      Cooperative threat reduction--
       Continued
        Revenue use--Continued
          Requirement..................  PL 107-107 Sec 1304...        74
        Specification of programs and    PL 104-106 Sec 1201...       111
         funds.
                                         PL 104-201 Sec 1501...       107
                                         PL 105-85 Sec 1401....       101
                                         PL 105-261 Sec 1301...        93
                                         PL 106-65 Sec 1301....        87
                                         PL 106-398 Sec 1301...        77
                                         PL 107-107 Sec 1301...        72
                                         PL 107-314 Sec 1301...        63
                                         PL 108-136 Sec 1301...        54
                                         PL 108-375 Sec 1301...        51
                                         PL 109-163 Sec 1301...        46
        START II Treaty funds use        PL 105-85 Sec 1404....       103
         limitation.
        Waiver of restrictions on use    PL 109-163 Sec 1303...        48
         of funds.
        Warhead dismantlement            PL 106-398 Sec 1305...        79
         processing funds use
         limitation.
        Weapons destruction assistance   PL 104-106 Sec 1204...       113
         authority.
        Weapons of mass destruction,     PL 103-337 Sec 1204...       117
         control and accountability of
         materials, report.
        Weapons of mass destruction      PL 105-261 Sec 1309...        99
         programs, report on
         individuals with expertise.
        Weapons storage security funds   PL 105-85 Sec 1408....       104
         use limitation.
      Diplomatic and consular missions,  PL 99-93 Sec 136......       896
       Soviet employees at United
       States missions in the Soviet
       Union.
      Exchange of high-ranking military  PL 99-145 Sec 1005....       624
       and civilian personnel pilot
       program.
      Former Soviet Union                PL 102-484............       143
       Demilitarization Act of 1992.
        Administration of programs.....  PL 102-484 Sec 1421...       146
        Authorization of programs......  PL 102-484 Sec 1412...       144
        Findings.......................  PL 102-484 Sec 1411...       143
      INF Treaty
        On-Site Inspection Agency,       PL 87-297 Sec 501.....        24
         establishment and
         responsibilities of.
      Negotiations regarding             PL 101-189 Sec 1009...       598
       limitations on anti-satellite
       capabilities, report.
      Nuclear risk reduction centers     PL 98-525 Sec 1108....       629
       establishment, sense of Congress.
      Nuclear weapons reduction policy.  PL 102-484 Sec 1321...       576
      Nuclear winter consequences,       PL 99-93 Sec 708......        45
       joint study proposal.
      Peaceful Nuclear Explosions
       Treaty
        On-Site Inspection Agency        PL 87-297 Sec 501.....        25
         responsibilities.
      Research and Development
       Foundation
        Establishment of...............  PL 102-511 Sec 511(a).       140
        Functions......................  PL 102-511 Sec 511(c).       141
        Funding........................  PL 102-511 Sec 511(d).       141
        Purposes.......................  PL 102-511 Sec 511(b).       140
      Science and technology centers
        Funding........................  PL 106-113 Sec 1138...       208
        Research and exchange            PL 106-113 Sec 1139...       208
         activities.
      Securing nuclear weapons,          PL 107-107 Sec 1205...       482
       material and expertise.
      Special nuclear materials, report  PL 102-511 Sec 510....       140
      START Treaty
        Monitoring issues, report......  PL 106-113 Sec 1114...        32
    Soviet Union--Continued
      Threshold Test Ban Treaty
        On-Site Inspection Agency        PL 87-297 Sec 501.....        25
         responsibilities.
      United States-Soviet negotiations  PL 99-145 Sec 1004....       624
       on reduction in nuclear arms,
       sense of Congress.
      Use of international nuclear       PL 108-136 Sec 3124...       471
       materials protection and
       cooperation program funds use
       outside the former Soviet Union.
      Weapons destruction funding......  PL 102-511 Sec 506....       135
      Weapons-grade uranium and          PL 108-136 Sec 3123...       471
       plutonium, study and report.
    Space science
      International Space Station
        Restriction on extraordinary     PL 106-178 Sec 6......       196
         payments.
      Proliferation of space launch      PL 103-160 Sec 1614...       574
       vehicle technologies, sense of
       Congress.
      Space nuclear reactors effect on   PL 101-189 Sec 1012...       600
       gamma-ray astronomy missions,
       report.
    Spence National Defense
     Authorization Act, FY 2001. See
     Cooperative Threat Reduction, FY
     2001; National Defense
     Authorization Act, FY 2001.
    START Treaties
      Alternative strategic nuclear      PL 100-456 Sec 908....       607
       force for the United States.
      Effect on Trident program, report  PL 101-189 Sec 1001...       592
      Funds use limitation.............  PL 105-85 Sec 1404....       103
      Modernization....................  PL 101-510 Sec 1442...       589
      Monitoring issues, report........  PL 106-113 Sec 1114...        32
      Ratification, sense of Congress..  PL 104-106 Sec 1406...       551
      Sense of Congress................  PL 100-456 Sec 902....       605
                                         PL 101-189 Sec 1003...       593
      Strategic   nuclear   delivery     PL 104-106 Sec 1404...       549
       systems, limitation on
       retirement or dismantlement.
                                         PL 104-201 Sec 1302...       533
                                         PL 105-85 Sec 1302....       521
      Strategic stability under START    PL 106-65 Sec 1503....       505
       III, report.
      Verification conducted with        PL 101-189 Sec 1002...       593
       regard to mobile ICMs, report.
    State, Department of. See also
     Department of State Authorization
     Act, FY 2003; Secretary of State
      Authorization for communication    EO 11057..............       453
       of restricted Atomic Energy
       Commission data.
      Chemical Weapons Convention        EO 13128..............       323
       implementation.
      Defense trade control licensing    PL 106-113 Sec 1255...       211
       procedures acceleration.
      Licensing   decisions   for        PL 106-65 Sec 1410....       502
       commercial satellite   launch,
       timely   notification of.
    States of the former Soviet Union
      Nonproliferation and disarmament
       activities
        Authorization..................  PL 102-511 Sec 503(a).       132
        Defense funds use..............  PL 102-511 Sec 503(c).       133
        Funding priorities.............  PL 102-511 Sec 503(b).       133
    Strategic Arms Reduction Treaty.
     See START Treaties
    Strom Thurmond National Defense
     Authorization Act, FY 1999. See
     Cooperative Threat Reduction, FY
     1999; National Defense
     Authorization Act, FY 1999
    Stump National Defense
     Authorization Act, FY 2003. See
     Cooperative Threat Reduction, FY
     2003; National Defense
     Authorization Act, FY 2003.
    Support of Peaceful Settlement of    EO 10206..............       853
     Disputes.
    Syria
      Iran and Syria Nonproliferation    PL 106-178............       192
       Act.
        Application of measures to       PL 106-178 Sec 3......       194
         certain foreign persons.
        Definitions....................  PL 106-178 Sec 7......       199
        Exemption from measures........  PL 106-178 Sec 5......       195
        International   Space   Station  PL 106-178 Sec 6......       196
           restriction on extraordinary
         payments.
        Procedures if measures are not   PL 106-178 Sec 4......       194
         applied.
        Reports........................  PL 106-178 Sec 2......       192                                     T
    Taiwan
      American Institute in Taiwan
        Severability of provisions.....  PL 96-8 Sec 17........       728
      American Institute in Taiwan
       Facilities Enhancement Act
        Appropriations authorization...  PL 106-212 Sec 3......       732
        Findings.......................  PL 106-212 Sec 2......       732
      Maintaining Unofficial Relations   EO 13014..............       734
       with the People of Taiwan.
        Delegation and reservation of    EO 13014 Sec 1........       734
         functions.
        Presidential Memorandum of       EO 13014 Sec 3........       735
         December 30, 1978.
        Specification of laws and        EO 13014 Sec 2........       734
         determinations.
      Participation in the World Health
       Organization
        Findings.......................  PL 108-235 Sec 1......       729
    Taiwan Relations Act...............  PL 96-8...............       719
      American Institute in Taiwan
        Appropriations authorization...  PL 96-8 Sec 16........       728
        Congressional oversight........  PL 96-8 Sec 14........       727
        Definitions....................  PL 96-8 Sec 15........       727
        Furnishing property and          PL 96-8 Sec 9.........       724
         services and obtaining
         services from.
        Reporting requirement..........  PL 96-8 Sec 12........       726
        Rules and regulations..........  PL 96-8 Sec 13........       727
        Separation of government         PL 96-8 Sec 11........       725
         personnel for employment.
        Services to United States        PL 96-8 Sec 7.........       723
         citizens on Taiwan.
        Severability of provisions.....  PL 96-8 Sec 17........       728
        Taiwan instrumentality.........  PL 96-8 Sec 10........       724
        Tax exempt status..............  PL 96-8 Sec 8.........       723
        United States policy...........  PL 96-8 Sec 6.........       723
      Application of laws and            PL 96-8 Sec 4.........       720
       international agreements.
      Findings and declaration of        PL 96-8 Sec 2.........       719
       policy.
      Implementation of United States    PL 96-8 Sec 3.........       720
       policy.
    Taiwan Relations Act--Continued
      Overseas Private Investment        PL 96-8 Sec 5.........       722
       Corporation.
    Terrorism
      Advisory panel to assess domestic  PL 105-261 Sec 1405...       249
       response capabilities.
      Authorization for Use of Military  PL 107-40.............       654
       Force in Response to Terrorist
       Attacks of September 11, 2001.
      Chemical, biological,              PL 104-201 Sec 1414...       265
       radiological, nuclear and high-
       yield explosives response team.
      Domestic preparedness for          PL 105-261 Sec 1402...       248
       response to threats of use of
       weapons of mass destruction.
      Emergency preparedness testing     PL 104-201 Sec 1415...       265
       for nuclear, radiological,
       chemical and biological weapons.
      Nuclear, chemical, and biological  PL 104-201 Sec 1413...       264
       emergency response.
      Response to threats of use of      PL 104-201 Sec 1411...       263
       weapons of mass destruction.
      Threat and risk assessments......  PL 105-261 Sec 1404...       249
    Threshold Test Ban Treaty
      On-Site Inspection Agency          PL 87-297 Sec 501.....        25
       responsibilities.
    Tonkin Gulf Resolution.............  PL 88-408.............       695
    Treaties. See International
     agreements
    Treaty on Conventional Armed Forces
     in Europe
      Sense of Congress................  PL 105-277 Sec 2704...       701                                     U
    Ukraine
      United States recognition of       PL 102-229 Sec 204....       159
       Ukrainian independence, sense of
       the Senate.
    UNESCO. See United Nations
     Educational, Scientific and
     Cultural Organization
    UNICEF. See United Nations
     Children's Fund
    UNIDO. See United Nations
     Industrial Development
     Organization
    Union of Soviet Socialist
     Republics. See Soviet Union
    United Nations
      Counterproliferation
        Extension of authority for       PL 105-261 Sec 1531...       517
         support of Special Commission
         on Iraq.
      Department of State efforts to     PL 107-228 Sec 409....       829
       place United States citizens in
       positions of employment.
      Haiti
        Mission transition.............  PL 103-423 Sec 6......       657
      Peacekeeping activities
        Restriction on United States     PL 107-206 Sec 2005...       676
         participation in certain
         operations.
      Promotion of sound financial       PL 107-228 Sec 404....       827
       practices.
      Secret ballot use................  PL 107-228 Sec 406....       828
      Support of inspection and          PL 106-65 Sec 1505....       506
       monitoring of Iraqi weapons
       activities.
    United Nations--Continued
      Support of inspection and
       monitoring of Iraqi weapons
       activities--Continued
                                         PL 106-398 Sec 1201...       488
                                         PL 107-107 Sec 1203...       482
                                         PL 107-314 Sec 1204...       475
      Support of Peaceful Settlement of  EO 10206..............       853
       Disputes.
      United   States   membership   on  PL 107-228 Sec 408....       828
         Commission   on   Human
       Rights   and   International
       Narcotics   Control Board.
    United Nations Children's Fund
      Child health revolution..........  PL 98-198.............       925
    United Nations Educational,
     Scientific and Cultural
     Organization
      Membership of United States,       PL 107-228 Sec 407....       828
       sense of Congress.
    United Nations Environment Program
     Participation Act of 1973
      Appropriations authorization.....  PL 93-188.............       852
    United Nations Headquarters          PL 80-357.............       842
     Agreement Act.
    United Nations Industrial
     Development Organization
      Immunities, exemptions and         PL 79-291 Sec 11......       860
       privileges.
      Prohibition on payments..........  PL 106-113 Sec 952....       841
    United Nations Participation Act of  PL 79-264.............       809
     1945.
      Activities authorization.........  PL 79-264 Sec 7.......       819
      Appointment of United States       PL 79-264 Sec 2.......       809
       representatives.
      Appropriations authorization.....  PL 79-264 Sec 8.......       820
      Limitation on United States share  PL 79-264 Sec 11......       825
       of assessments for the regular
       budget.
      Living quarters for                PL 79-264 Sec 9.......       822
       representatives.
      Reimbursement for goods and        PL 79-264 Sec 10......       823
       services provided by the United
       States.
      Report requirements..............  PL 79-264 Sec 4.......       812
      Responsibilities of United States  PL 79-264 Sec 3.......       811
       representatives.
      Security Council
        Measures.......................  PL 79-264 Sec 5.......       817
        Negotiations...................  PL 79-264 Sec 6.......       818
    United Nations Peacekeeping Forces
     in the Middle East
      United States payments             PL 94-37..............       850
       authorization.
    United Nations Reform Act of 1999..  PL 106-113............       830
      Appropriations authorization.....  PL 106-113 Sec 911....       831
      Assessments reform certification   PL 106-113 Sec 931....       835
       requirements.
      Budget  reform  certification      PL 106-113 Sec 941....       836
       requirements.
      Definitions......................  PL 106-113 Sec 902....       830
      Forgiveness of amounts owed to     PL 106-113 Sec 913....       833
       the United States.
      Obligation and expenditure of      PL 106-113 Sec 912....       832
       funds.
      Peacekeeping operations reform     PL 106-113 Sec 931....       835
       certification requirements.
      Personnel reform certification     PL 106-113 Sec 941....       836
       requirements.
      Prohibition on payments relating   PL 106-113 Sec 952....       841
       to UNIDO and other organizations
       from which the United States has
       withdrawn or rescinded funding.
      Statutory construction on          PL 106-113 Sec 951....       840
       relation to existing laws.
      United States sovereignty          PL 106-113 Sec 921....       834
       certification requirements.
    United States Armed Forces in
     Somalia
      Policy...........................  PL 103-160 Sec 1512...       662
    United States Arms Control and
     Disarmament Agency
      Appropriations authorization.....  PL 105-277 Sec 2601...        35
    United States Enrichment             PL 104-134............       429
     Corporation Privatization Act.
      Definitions......................  PL 104-134 Sec 3102...       429
      Establishment of private           PL 104-134 Sec 3105...       431
       corporation.
      Transfers to private corporation.  PL 104-134 Sec 3106...       432
      United States Enrichment
       Corporation
        Method of sale.................  PL 104-134 Sec 3104...       430
        Sale of........................  PL 104-134 Sec 3103...       430
      Uranium transfers and sales......  PL 104-134 Sec 3112...       432
    United States Munitions List
      Satellite exports................  PL 105-261 Sec 1513...       510
    United States National Authority
      Chemical Weapons Convention        EO 13128..............       323
       implementation.
      Designation of...................  PL 105-277 Sec 101....       219
      Report requirements..............  PL 105-277 Sec 401....       240
    United States participation in
     certain international
     organizations
      Financial contributions..........  PL 81-806 Sec 2.......       846
    United States Secret Service
      Protection of foreign diplomatic
       missions
        Powers, authorities and duties   18 USC Sec 3056A......       875
         of Uniformed Division.
    USEC. See United States Enrichment
     Corporation Privatization Act
    USNA. See United States National
     Authority                                     V
    Vienna Convention. See Diplomatic
     Relations Act
    Visiting scholars program
      Arms control, nonproliferation     PL 87-297 Sec 202.....         9
       and disarmament activities.                                     W
    War Powers
      Authorization for Use of Military  PL 102-1..............       658
       Force Against Iraq Resolution.
        Authorization for use of United  PL 102-1 Sec 2........       658
         States Armed Forces.
        Reports........................  PL 102-1 Sec 3........       659
      Authorization for Use of Military  PL 107-243............       648
       Force Against Iraq Resolution of
       2002.
        Authorization for use of United  PL 107-243 Sec 3......       651
         States Armed Forces.
        Reports........................  PL 107-243 Sec 4......       652
        Support for United States        PL 107-243 Sec 2......       651
         diplomatic efforts.
      Authorization for Use of Military  PL 107-40.............       654
       Force in Response to Terrorist
       Attacks of September 11, 2001.
      Authorization for use of military
       force in Somalia
        Findings.......................  PL 103-139 Sec 8151...       660
      Haiti............................  PL 103-423............       655
        Human rights, report...........  PL 103-423 Sec 4......       657
    War Powers--Continued
      Haiti--Continued
        Presidential statement of        PL 103-423 Sec 2......       655
         national security objectives.
        Report.........................  PL 103-423 Sec 3......       656
        United Nations mission           PL 103-423 Sec 6......       657
         transition.
        United States agreements,        PL 103-423 Sec 5......       657
         report.
        United States Armed Forces       PL 103-423 Sec 1......       655
         operations, sense of Congress.
      Multinational Force in Lebanon     PL 98-119.............       664
       Resolution.
        Agreement between the United     PL 98-119.............       668
         States and Lebanon.
        Authorization for continued      PL 98-119 Sec 3.......       665
         participation of United States
         Armed Forces.
        Congressional priority           PL 98-119 Sec 8.......       666
         procedures for amendments.
        Duration of authorization for    PL 98-119 Sec 6.......       666
         United States participation.
        Findings and purpose...........  PL 98-119 Sec 2.......       664
        Interpretation of resolution...  PL 98-119 Sec 7.......       666
        Reports........................  PL 98-119 Sec 4.......       665
        Statements of policy...........  PL 98-119 Sec 5.......       665
      National Emergencies Act.........  PL 94-412.............       643
        Accountability requirements....  PL 94-412 Sec 401.....       646
        Declarations of future national  PL 94-412 Sec 201.....       643
         emergencies.
        Exercise of emergency powers     PL 94-412 Sec 301.....       645
         and authorities.
        Repeal and continuation of       PL 94-412 Sec 501.....       646
         emergency power.
        Reporting requirements.........  PL 94-412 Sec 401.....       646
        Terminating existing declared    PL 94-412 Sec 101.....       643
         emergencies.
      United States Armed Forces in
       Somalia
        Policy.........................  PL 103-160 Sec 1512...       662
      War Powers Resolution............  PL 93-148.............       637
        Congressional action...........  PL 93-148 Sec 5.......       639
        Congressional priority
         procedures
          For concurrent resolution....  PL 93-148 Sec 7.......       640
          For joint resolution or bill.  PL 93-148 Sec 6.......       640
        Consultation...................  PL 93-148 Sec 3.......       638
        Interpretation of joint          PL 93-148 Sec 8.......       641
         resolution.
        Purpose and policy.............  PL 93-148 Sec 2.......       637
        Reporting......................  PL 93-148 Sec 4.......       638
        Separability clause............  PL 93-148 Sec 9.......       642
    Weapons.  See  Arms  control;
     Biological weapons; Chemical
     weapons; Nuclear weapons
    Weapons of Mass Destruction Control  PL 102-484............       289
     Act of 1992.
      International nonproliferation     PL 102-484 Sec 1505...       292
       initiative.
      Nonproliferation activities of     PL 102-484 Sec 1503...       290
       Department of Defense and
       Department of Energy, report.
      Nonproliferation technology        PL 102-484 Sec 1504...       291
       initiative.
      Sense of Congress................  PL 102-484 Sec 1502...       289
    Weapons of mass destruction          EO 12938..............       317
     proliferation.
      Blocking property of               EO 13382..............       328
       proliferators and their
       supporters.
      Department of Commerce controls..  EO 12938 Sec 3........       318
      Duration of sanctions............  EO 12938 Sec 6........       321
      Implementation of sanctions......  EO 12938 Sec 7........       321
      Imposition of controls...........  EO 12938 Sec 2........       317
      International negotiations.......  EO 12938 Sec 1........       317
    Weapons of mass destruction
     proliferation--Continued
      Judicial review..................  EO 12938 Sec 9........       322
      Measures against foreign persons.  EO 12938 Sec 4........       318
      Preservation of authorities......  EO 12938 Sec 8........       321
      Sanctions against foreign          EO 12938 Sec 5........       320
       countries.
    World Health Organization
      Participation of Taiwan
        Findings.......................  PL 108-235 Sec 1......       729                                     Y
    Youth. See Children

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