[JPRT, 111th Congress]
[From the U.S. Government Publishing Office]









                     COMMITTEE ON FOREIGN RELATIONS
                      COMMITTEE ON FOREIGN AFFAIRS

=======================================================================
 
        Legislation on Foreign Relations Through 2008







                         JOINT COMMITTEE PRINT

                               JULY 2010


                              VOLUME II-B

                        OF VOLUMES II-A AND II-B

                        CURRENT LEGISLATION AND

                        RELATED EXECUTIVE ORDERS


                              U.S. Senate

                     U.S. House of Representatives





                     COMMITTEE ON FOREIGN RELATIONS
                      COMMITTEE ON FOREIGN AFFAIRS

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


        Legislation on
        Foreign Relations
        Through 2008

                                     



                                     

                               JULY 2010

                              VOLUME II-B

                        OF VOLUMES II-A AND II-B

                        CURRENT LEGISLATION AND

                        RELATED EXECUTIVE ORDERS

                              U.S. Senate

                     U.S. House of Representatives

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





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                     COMMITTEE ON FOREIGN RELATIONS

                 JOHN F. KERRY, Massachusetts, Chairman

CHRISTOPHER J. DODD, Connecticut     RICHARD G. LUGAR, Indiana
RUSSELL D. FEINGOLD, Wisconsin       BOB CORKER, Tennessee
BARBARA BOXER, California            JOHNNY ISAKSON, Georgia
ROBERT MENENDEZ, New Jersey          JAMES E. RISCH, Idaho
BENJAMIN L. CARDIN, Maryland         JIM DeMINT, South Carolina
ROBERT P. CASEY, Jr., Pennsylvania   JOHN BARRASSO, Wyoming
JIM WEBB, Virginia                   ROGER F. WICKER, Mississippi
JEANNE SHAHEEN, New Hampshire        JAMES M. INHOFE, Oklahoma
EDWARD E. KAUFMAN, Delaware
KIRSTEN E. GILLIBRAND, New York

                  Frank G. Lowenstein, Staff Director

            Kenneth A. Myers, Jr., Republican Staff Director

                                 ______

                      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
ELIOT L. ENGEL, New York             DONALD A. MANZULLO, Illinois
BILL DELAHUNT, Massachusetts         EDWARD R. ROYCE, California
GREGORY W. MEEKS, New York           RON PAUL, Texas
DIANE E. WATSON, California          JEFF FLAKE, Arizona
RUSS CARNAHAN, Missouri              MIKE PENCE, Indiana
ALBIO SIRES, New Jersey              JOE WILSON, South Carolina
GERALD E. CONNOLLY, Virginia         JOHN BOOZMAN, Arkansas
MICHAEL E. McMAHON, New York         J. GRESHAM BARRETT, South Carolina
THEODORE E. DEUTCH, Florida          CONNIE MACK, Florida
JOHN S. TANNER, Tennessee            JEFF FORTENBERRY, Nebraska
GENE GREEN, Texas                    MICHAEL T. McCAUL, Texas
LYNN WOOLSEY, California             TED POE, Texas
SHEILA JACKSON LEE, Texas            BOB INGLIS, South Carolina
BARBARA LEE, California              GUS BILIRAKIS, Florida
SHELLEY BERKLEY, Nevada
JOSEPH CROWLEY, New York
MIKE ROSS, Arkansas
BRAD MILLER, North Carolina
DAVID SCOTT, Georgia
JIM COSTA, California
KEITH ELLISON, Minnesota
GABRIELLE GIFFORDS, Arizona
RON KLEIN, Florida

                   Richard J. Kessler, Staff Director

                Yleem Poblete, 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 Relations of the 
Senate and Foreign Affairs of the House of Representatives, 
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, was last updated 
through 2005.
    We wish to express our appreciation to 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.
                                           John F. Kerry,
                          Chairman, Committee on Foreign Relations.
                                           Howard L. Berman,
                            Chairman, Committee on Foreign Affairs.

                                                     July 23, 2010.

                                 (iii)
?

                            EXPLANATORY NOTE

                              ----------                              

    The body of statutory law set out in this volume was in 
force, as amended, at the end of 2008.
    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 December 30, 2008.
    Corrections may be sent to Matthew C. Weed at Library of 
Congress, Congressional Research Service, Washington D.C., 
20540-7460, or by e-mail at [email protected].

                                  (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......    28
 3. Cooperative Threat Reduction.................................    47
 4. Nonproliferation of Weapons of Mass Destruction..............   178
 5. Arms Control and Nonproliferation Provisions in National 
    Defense Authorization Acts...................................   530

G. WAR POWERS, COLLECTIVE SECURITY, AND RELATED MATERIAL.........   725
 1. War Powers...................................................   727
 2. American Servicemembers' Protection Act of 2002 (Public Law 
    107-206).....................................................   783
 3. Cuban Resolution (Public Law 87-733).........................   795
 4. Middle East Resolutions and Related Material.................   796
 5. Tonkin Gulf Resolution (Public Law 88-408) (repealed)........   806
 6. National Commitment (Senate Resolution 85, 91st Congress)....   808
 7. North Atlantic Alliance......................................   809
 8. Taiwan Relations.............................................   837
 9. Panama Canal.................................................   855

H. UNITED NATIONS AND OTHER INTERNATIONAL ORGANIZATIONS..........   925
 1. United Nations Participation Act of 1945, as amended (Public 
    Law 79-264)..................................................   927
 2. Department of State Authorization Act, Fiscal Year 2003 
    (Public Law 107-228 (partial text)...........................   945
 3. United Nations Reform Act of 1999 (Public Law 106-113) 
    (partial text)...............................................   949
 4. United Nations Headquarters Agreement Act (Public Law 80-357) 
    (partial text)...............................................   961
 5. U.S. Participation in Certain International Organizations 
    (Public Law 81-806) (partial text)...........................   965
 6. Appropriations Limitation on Contributions to International 
    Organizations (Public Law 92-544) (partial text).............   966
 7. U.N. Provisions in Foreign Relations Authorization Acts......   968
 8. United Nations Peacekeeping Forces in the Middle East (Public 
    Law 94-37)...................................................   969
 9. Response to United Nations Resolution on Zionism.............   970
10. United Nations Environment Program Participation Act of 1973 
    (Public Law 93-188)..........................................   971
11. Support of Peaceful Settlement of Disputes (Executive Order 
    10206).......................................................   972
12. Privileges and Immunities....................................   973
13. Relating to International Agreements on Children.............  1017

APPENDICES.......................................................  1049

INDEX............................................................  1097

                                 (vii)
=======================================================================


                    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.......28
      a. Arms Control and Nonproliferation Authorization--Fiscal 
          Year 2003 (Public Law 107-228) (partial text)..........    28
      b. Arms Control and Nonproliferation Act of 1999 (Public 
          Law 106-113) (partial text)............................    30
      c. Arms Control and Disarmament Agency Authorization, 
          Fiscal Year 1999 (Public Law 105-277) (partial text)...    36
      d. Arms Control and Nonproliferation Act of 1994 (Public 
          Law 103-236) (partial text)............................    37
      e. Arms Control and Disarmament Act Authorization for 
          Fiscal Years 1990 and 1991 (Public Law 101-216) 
          (partial text).........................................    39
      f. Arms Control and Disarmament Act Authorization for 
          Fiscal Years 1988 and 1989 (Public Law 100-213) 
          (partial text).........................................    41
      g. Arms Control and Disarmament Act Authorization for 
          Fiscal Years 1986 and 1987 (Public Law 99-93) (partial 
          text)..................................................    43
    3. Cooperative Threat Reduction..................................47
      a. Cooperative Threat Reduction, Fiscal Year 2009 (Public 
          Law 110-417) (partial text)............................    47
      b. Cooperative Threat Reduction Appropriations, 2009 
          (Public Law 110-329) (partial text)....................    50
      c. Cooperative Threat Reduction, Fiscal Year 2008 (Public 
          Law 110-181) (partial text)............................    51
      d. Cooperative Threat Reduction Authorization in Response 
          to 9/11 Commission Recommendations, Fiscal Year 2008 
          (Public Law 110-53) (partial text).....................    58
      e. Cooperative Threat Reduction, Fiscal Year 2007 (Public 
          Law 109-364) (partial text)............................    61
      f. Cooperative Threat Reduction, Fiscal Year 2006 (Public 
          Law 109-163) (partial text)............................    65
      g. Cooperative Threat Reduction, Fiscal Year 2005 (Public 
          Law 108-375) (partial text)............................    69
      h. Cooperative Threat Reduction, Fiscal Year 2004 (Public 
          Law 108-136) (partial text)............................    72
      i. Cooperative Threat Reduction, Fiscal Year 2003 (Public 
          Law 107-314) (partial text)............................    81
      j. Cooperative Threat Reduction, Fiscal Year 2002 (Public 
          Law 107-107) (partial text)............................    89
      k. Cooperative Threat Reduction, Fiscal Year 2001 (Public 
          Law 106-398) (partial text)............................    94
      l. Cooperative Threat Reduction, Fiscal Year 2000 (Public 
          Law 106-65) (partial text).............................   104
      m. Cooperative Threat Reduction, Fiscal Year 1999 (Public 
          Law 105-261) (partial text)............................   110
      n. Cooperative Threat Reduction, Fiscal Year 1998 (Public 
          Law 105-85) (partial text).............................   118
      o. Cooperative Threat Reduction, Fiscal Year 1997 (Public 
          Law 104-201) (partial text)............................   124
      p. Cooperative Threat Reduction, Fiscal Year 1996 (Public 
          Law 104-106) (partial text)............................   129
      q. Cooperative Threat Reduction, Fiscal Year 1995 (Public 
          Law 103-337) (partial text)............................   135
      r. Cooperative Threat Reduction Act of 1993 (Public Law 
          103-160) (partial text)................................   142
      s. Freedom for Russia and Emerging Eurasian Democracies and 
          Open Markets Support Act of 1992 (FREEDOM Support Act) 
          (Public Law 102-511) (partial text)....................   149
      t. Former Soviet Union Demilitarization Act of 1992 (Public 
          Law 102-484) (partial text)............................   161
      u. Conventional Forces in Europe Treaty Implementation Act 
          of 1991 (Public Law 102-228) (partial text)............   166
      v. Soviet Nuclear Threat Reduction--Appropriations, Fiscal 
          Year 1992 (Public Law 102-229) (partial text)..........   173
    4. Nonproliferation of Weapons of Mass Destruction..............178
      a. Implementing Recommendations of the 9/11 Commission 
          Concerning Nonproliferation and Terrorism (Public Law 
          110-53) (partial text).................................   178
      b. United States Additional Protocol Implementation Act 
          (Public Law 109-401) (partial text)....................   193
      c. Iran Nonproliferation Amendments Act of 2005 (Public Law 
          109-112) (partial text)................................   206
      d. Nuclear Security Initiative Act of 2003 (Public Law 108-
          136) (partial text)....................................   209
      e. Nonproliferation and Export Control Assistance, 2003 
          (Public Law 107-228) (partial text)....................   214
      f. Russian Federation Debt Reduction for Nonproliferation 
          Act of 2002 (Public Law 107-228) (partial text)........   221
      g. Nonproliferation Assistance Coordination Act of 2002 
          (Public Law 107-228) (partial text)....................   228
      h. Iran Nuclear Proliferation Prevention Act of 2002 
          (Public Law 107-228) (partial text)....................   232
      i. Miscellaneous Nonproliferation Provisions in Foreign 
          Relations Authorization Act, Fiscal Year 2003 (Public 
          Law 107-228) (partial text)............................   234
      j. Iran, North Korea, and Syria Nonproliferation Act 
          (Public Law 106-178)...................................   238
      k. National Security and Corporate Fairness Under the 
          Biological Weapons Convention Act (Public Law 106-113) 
          (partial text).........................................   250
      l. Proliferation Prevention Enhancement Act of 1999 (Public 
          Law 106-113) (partial text)............................   257
      m. National Missile Defense Act of 1999 (Public Law 106-38)   261
      n. Chemical Weapons Convention Implementation Act of 1998 
          (Public Law 105-277) (partial text)....................   262
      o. Defense Against Weapons of Mass Destruction Act of 1998 
          (Public Law 105-261) (partial text)....................   296
      p. Combatting Proliferation of Weapons of Mass Destruction 
          Act of 1996 (Public Law 104-293) (partial text)........   300
      q. Defense Against Weapons of Mass Destruction Act of 1996 
          (Public Law 104-201) (partial text)....................   308
      r. Nuclear Proliferation Prevention Act of 1994 (Public Law 
          103-236) (partial text)................................   324
      s. Weapons of Mass Destruction Control Act of 1992 (Public 
          Law 102-484) (partial text)............................   337
      t. Iran-Iraq Arms Non-Proliferation Act of 1992 (Public Law 
          102-484) (partial text)................................   344
      u. Chemical and Biological Weapons Control and Warfare 
          Elimination Act of 1991 (Public Law 102-182) (partial 
          text)..................................................   349
      v. Executive Orders Concerning Nonproliferation of Weapons 
          of Mass Destruction....................................   359
            (1) Renunciation of Certain Uses in War of Chemical 
                Herbicides and Riot Control Agents (Executive 
                Order 11850).....................................   359
            (2) Administration of Proliferation Sanctions, Middle 
                East Arms Control, and Related Congressional 
                Reporting Responsibilities (Executive Order 
                12851)...........................................   361
            (3) Proliferation of Weapons of Mass Destruction 
                (Executive Order 12938)..........................   365
            (4) Implementation of the Chemical Weapons Convention 
                and the Chemical Weapons Convention 
                Implementation Act (Executive Order 13128).......   371
            (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)..................   373
            (6) Blocking Property of Weapons of Mass Destruction 
                Proliferators and Their Supporters (Executive 
                Order 13382).....................................   376
            (7) Implementation of the Protocol Additional to the 
                Agreement Between the United States and the 
                International Atomic Energy Agency for the 
                Application of Safeguards in the United States of 
                America (Executive Order 13458)..................   379
      w. Nuclear Non-Proliferation Act of 1978 and Related 
          Materials..............................................   380
            (1) Nuclear Non-Proliferation Act of 1978 (Public Law 
                95-242) (partial text)...........................   380
            (2) Functions Relating to Nuclear Non-Proliferation 
                (Executive Order 12058)..........................   398
            (3) Export of Nuclear Material.......................   400
                 (A) U.S. Exports of Low-Enriched Uranium Fuel 
                    (Public Law 96-280)..........................   400
                 (B) Export of Special Nuclear Material and 
                    Components to India (Executive Order 12218)..   401
                 (C) Export of Special Nuclear Material to India 
                    (Executive Order 12055)......................   402
            (4) Department of Energy Act of 1978--Civilian 
                Applications (Public Law 95-238) (partial text)..   403
      x. Atomic Energy Act and Related Materials.................   405
            (1) Atomic Energy Act of 1954, as amended (Public Law 
                83-703) (partial text)...........................   405
            (2) United States-India Nuclear Cooperation Approval 
                and Nonproliferation Enhancement Act (Public Law 
                110-369) (partial text)..........................   477
            (3) United States and India Nuclear Cooperation 
                (Public Law 109-401) (partial text)..............   482
            (4) North Korea Threat Reduction Act of 1999 (Public 
                Law 106-113) (partial text)......................   500
            (5) USEC Privatization Act (Public Law 104-134) 
                (partial text)...................................   502
            (6) Establishment of the Enrichment Oversight 
                Committee (Executive Order 13085)................   510
            (7) EURATOM Cooperation Act of 1958, as amended 
                (Public Law 85-846)..............................   514
            (8) Agreement for Nuclear Cooperation Between the 
                United States and China (Public Law 99-183)......   519
            (9) International Atomic Energy Agency Participation 
                Act of 1957, as amended (Public Law 85-177) 
                (partial text)...................................   521
      y. Executive Orders Concerning International Atomic Energy 
          Cooperation............................................   526
            (1) Authorization for the Communication of Restricted 
                Data by the Department of State (Executive Order 
                11057)...........................................   526
            (2) Authorization for the Communication of Restricted 
                Data by the Central Intelligence Agency 
                (Executive Order 10899)..........................   527
            (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)..........................   528
    5. Arms Control and Nonproliferation Provisions in National Defense 
    Authorization Acts..............................................530
      a. Duncan Hunter National Defense Authorization Act for 
          Fiscal Year 2009 (Public Law 110-417) (partial text)...   530
      b. National Defense Authorization Act for Fiscal Year 2008 
          (Public Law 110-181) (partial text)....................   538
      c. John Warner National Defense Authorization Act for 
          Fiscal Year 2007 (Public Law 109-364) (partial text)...   544
      d. National Defense Authorization Act for Fiscal Year 2006 
          (Public Law 109-163) (partial text)....................   550
      e. Ronald W. Reagan National Defense Authorization Act for 
          Fiscal Year 2005 (Public Law 108-375) (partial text)...   553
      f. National Defense Authorization Act for Fiscal Year 2004 
          (Public Law 108-136) (partial text)....................   562
      g. Bob Stump National Defense Authorization Act for Fiscal 
          Year 2003 (Public Law 107-314) (partial text)..........   568
      h. National Defense Authorization Act for Fiscal Year 2002 
          (Public Law 107-107) (partial text)....................   574
      i. Floyd D. Spence National Defense Authorization Act for 
          Fiscal Year 2001 (Public Law 106-398) (partial text)...   580
      j. National Defense Authorization Act for Fiscal Year 2000 
          (Public Law 106-65) (partial text).....................   587
      k. Strom Thurmond National Defense Authorization Act for 
          Fiscal Year 1999 (Public Law 105-261) (partial text)...   599
      l. National Defense Authorization Act for Fiscal Year 1998 
          (Public Law 105-85) (partial text).....................   612
      m. National Defense Authorization Act for Fiscal Year 1997 
          (Public Law 104-201) (partial text)....................   625
      n. National Defense Authorization Act for Fiscal Year 1996 
          (Public Law 104-106) (partial text)....................   637
      o. National Defense Authorization Act for Fiscal Year 1995 
          (Public Law 103-337) (partial text)....................   644
      p. National Defense Authorization Act for Fiscal Year 1994 
          (Public Law 103-160) (partial text)....................   651
      q. National Defense Authorization Act for Fiscal Year 1993 
          (Public Law 102-484) (partial text)....................   666
      r. National Defense Authorization Act for Fiscal Years 1992 
          and 1993 (Public Law 102-190) (partial text)...........   674
      s. National Defense Authorization Act for Fiscal Year 1991 
          (Public Law 101-510) (partial text)....................   677
      t. National Defense Authorization Act for Fiscal Years 1990 
          and 1991 (Public Law 101-189) (partial text)...........   682
      u. National Defense Authorization Act, Fiscal Year 1989 
          (Public Law 100-456) (partial text)....................   694
      v. National Defense Authorization Act for Fiscal Years 1988 
          and 1989 (Public Law 100-180) (partial text)...........   701
      w. Department of Defense Authorization Act, 1987 (Public 
          Law 99-661) (partial text).............................   707
      x. Department of Defense Authorization Act, 1986 (Public 
          Law 99-145) (partial text).............................   711
      y. Department of Defense Authorization Act, 1985 (Public 
          Law 98-525) (partial text).............................   716

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

            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 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--Review of Certain Reprogramming Notifications...    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.''.
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    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:
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    \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,''.
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          (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.
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    \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:
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  ``(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.''.
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    \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''.
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          (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.''.
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          (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.
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    \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''.
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          (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.''.
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          (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]
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    \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.
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    Sec. 22.\15\ [Repealed--1998]
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    \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.
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    Sec. 23.\16\ [Repealed--1998]
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    \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.
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    Sec. 24.\17\ [Repealed--1998]
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    \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]
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    \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.
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                  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''.
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                     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.
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    \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''.
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                          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\
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    \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:''.
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          (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.
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    \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''.
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                           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.
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    \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.
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    (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.
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    \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).
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                         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.
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    \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 926 of this volume.
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    (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''.
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          (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.
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          (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]
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    \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--
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    \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,
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    \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.
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    \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.
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                       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.
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          (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.
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    \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.
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    (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.
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    \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.
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    (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--
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    \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''.
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          (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--
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    \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''.
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    (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\
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    \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.
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    (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--
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    \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,''.
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          (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''.
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                  (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\
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    \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''.
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    (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;
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    \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).
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    (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;
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    \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;''.
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    (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;
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    \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).
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    (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
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    \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''.
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    (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]
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    \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.
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                      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.
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                       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--
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    \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--
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  ``(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).''.
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    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. Pursuant to Executive 
Order 13313, the Secretary of State delegated the authority to submit a 
report on the implementation of the Treaty Between the United States of 
America and the Russian Federation on Strategic Offensive Reductions 
(``Moscow Treaty''; 41 I.L.M. 499) pursuant to condition (2) of the 
March 6, 2003 Resolution of Advice and Consent to Ratification of the 
Moscow Treaty (Treaty Doc. 107-08; approved March 6, 2003) to the Under 
Secretary of State for Arms Control and International Security 
(Delegation of Authority 297 of October 25, 2006; 72 F.R. 14162).
    \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''.
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          (1) a detailed statement concerning the arms control, 
        nonproliferation,\109\ and disarmament objectives of 
        the executive branch of Government for the forthcoming 
        year;
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    \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''.
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          (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;
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    \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;''.
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          (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\
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    \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.
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          (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--
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    \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''.
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                  (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\
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    \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).
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          (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\
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    \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).
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          (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\
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    \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.
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    (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.
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    \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).
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    (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).
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    \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).
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 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.
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    \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''.
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    Sec. 53.\122\ [Repealed--1998]
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    \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.
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    Sec. 54.\123\ [Repealed--1998]
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    \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.
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              TITLE V--ON-SITE INSPECTION ACTIVITIES \124\

                                findings

    Sec. 501.\125\ The Congress finds that--
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    \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.
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          (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'';
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    \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''.
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          (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;
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    \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';''.
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          (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\
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    \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''.
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                  (B) escort duties for \129\ teams visiting 
                the United States and the Basing Countries,
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    \129\ Sec. 401(d)(2) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2324) struck out ``Soviet'' at this point.
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                  (C) establishment and operation of the Portal 
                Monitoring Facility in Russia,\130\ and
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    \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''.
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                  (D) support for the \131\ inspectors at the 
                Portal Monitoring Facility in Utah;
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    \131\ Sec. 401(d)(4) of the FRIENDSHIP Act (Public Law 103-199; 107 
Stat. 2324) struck out ``Soviet'' at this point.
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          (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;
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    \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)''.
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          (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.
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    \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.
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  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.
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    \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.
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    (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.
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    \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)''.
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    Sec. 63.\138\ [Repealed--1998]
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    \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.
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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.
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    \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''.
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                              definitions

    Sec. 504.\142\ As used in this title--
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    \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.
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          (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\
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    \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).
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          (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.''
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    \1\ Freestanding sections of the Security Assistance Act of 2002 
may be found in Legislation on Foreign Relations Through 2008, vol. I-
B.
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          * * * * * * *

 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; as 
   amended by Public Law 109-401 [Henry J. Hyde United States-India 
 Peaceful Atomic Energy Cooperation Act of 2006; H.R. 5682], 120 Stat. 
                    2726, approved December 18, 2006

 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; \4\
                  (C) \4\ so much of the reports required under 
                section 104 of the Henry J. Hyde United States-
                India Peaceful Atomic Energy Cooperation Act of 
                2006 as relates to verification or compliance 
                matters; and
---------------------------------------------------------------------------
    \4\ Sec. 108 of the Henry J. Hyde United States-India Peaceful 
Atomic Energy Cooperation Act of 2006 (Public Law 109-401; 120 Stat. 
2738) struck out ``and'' from the end of subpara. (B), redesignated 
subpara. (C) as subpara. (D), and inserted a new subpara. (C).
---------------------------------------------------------------------------
                  (D) \4\ 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.\5\ 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.
---------------------------------------------------------------------------
    \5\ 42 U.S.C. 7704 note.
---------------------------------------------------------------------------

SEC. 1117.\6\ 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.
---------------------------------------------------------------------------
    \6\ 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.\7\ 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.
---------------------------------------------------------------------------
    \7\ 22 U.S.C. 2593a note.
    \8\ For chapter 2, see this section, under ``Nonproliferation of 
Weapons of Mass Destruction''.
---------------------------------------------------------------------------

  CHAPTER 2--MATTERS RELATING TO THE CONTROL OF BIOLOGICAL WEAPONS \8\

          * * * * * * *
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 2008, 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 2009

  Partial text of Public Law 110-417 [Duncan Hunter National Defense 
   Authorization Act for Fiscal Year 2009; S. 3001], 122 Stat. 4356, 
                       approved October 14, 2008

 AN ACT To authorize appropriations for fiscal year 2009 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; FINDINGS; SENSE OF CONGRESS.

    (a) Short Title.--This Act may be cited as the ``Duncan 
Hunter National Defense Authorization Act for Fiscal Year 
2009''.
    (b)-(c) * * *
          * * * * * * *

                  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 2009 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, 
        $434,135,000.
          (20) * * *
          * * * * * * *

                TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Specification of Cooperative Threat Reduction programs and 
          funds.
Sec. 1302. Funding allocations.

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

    (a) Specification of Cooperative Threat Reduction 
Programs.--For purposes of section 301 and other provisions of 
this Act, Cooperative Threat Reduction programs are the 
programs specified in section 1501 of the National Defense 
Authorization Act for Fiscal Year 1997 (50 U.S.C. 2362 note).
    (b) Fiscal Year 2009 Cooperative Threat Reduction Funds 
Defined.--As used in this title, the term ``fiscal year 2009 
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 fiscal years 2009, 2010, and 2011.

SEC. 1302. FUNDING ALLOCATIONS.

    (a) Funding for Specific Purposes.--Of the $434,135,000 
authorized to be appropriated to the Department of Defense for 
fiscal year 2009 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, $79,985,000.
          (2) For strategic nuclear arms elimination in 
        Ukraine, $6,400,000.
          (3) For nuclear weapons storage security in Russia, 
        $24,101,000.
          (4) For nuclear weapons transportation security in 
        Russia, $40,800,000.
          (5) For weapons of mass destruction proliferation 
        prevention in the states of the former Soviet Union, 
        $59,286,000.
          (6) For biological threat reduction in the former 
        Soviet Union, $184,463,000.
          (7) For chemical weapons destruction, $1,000,000.
          (8) For defense and military contacts, $8,000,000.
          (9) For new Cooperative Threat Reduction initiatives, 
        $10,000,000.
          (10) For activities designated as Other Assessments/
        Administrative Costs, $20,100,000.
    (b) Report on Obligation or Expenditure of Funds for Other 
Purposes.--No fiscal year 2009 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 15 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 2009 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) In general.--Subject to paragraph (2), 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 2009 for a purpose listed in paragraphs (1) 
        through (10) of subsection (a) in excess of the 
        specific amount authorized for that purpose.
          (2) Notice-and-wait required.--An obligation of funds 
        for a purpose stated in paragraphs (1) through (10) of 
        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.
          b. Cooperative Threat Reduction Appropriations, 2009

  Partial text of Public Law 110-329 [Consolidated Security, Disaster 
 Assistance, and Continuing Appropriations Act, 2009; H.R. 2638], 122 
                Stat. 3574, approved September 30, 2008

 AN ACT Making appropriations for the Department of Homeland Security 
 for the fiscal year ending September 30, 2008, 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 ``Consolidated Security, 
Disaster Assistance, and Continuing Appropriations Act, 2009''.
          * * * * * * *

       DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2009

    That the following sums are appropriated, out of any money 
in the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2009, for military functions administered 
by the Department of Defense and for other purposes, namely:
          * * * * * * *

                  TITLE II--OPERATION AND MAINTENANCE

          * * * * * * *

                  Cooperative 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, $434,135,000, to remain available until September 30, 
2011: Provided, That of the amounts provided under this 
heading, $12,000,000 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 2008

Partial text of Public Law 110-181 [National Defense Authorization Act 
  for Fiscal Year 2008; H.R. 4986], 122 Stat. 3, approved January 28, 
                                  2008

      AN ACT To provide for the enactment of the National Defense 
 Authorization Act for Fiscal Year 2008, as previously enrolled, with 
   certain modifications to address the foreign sovereign immunities 
    provisions of title 28, United States Code, with respect to the 
attachment of property in certain judgments against Iraq, the lapse of 
  statutory authorities for the payment of bonuses, special pays, and 
 similar benefits for members of the uniformed services, 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; TREATMENT OF EXPLANATORY STATEMENT.

    (a) Short Title.--This Act may be cited as the ``National 
Defense Authorization Act for Fiscal Year 2008''.
          * * * * * * *

                  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 2008 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 Former Soviet Union Threat Reduction 
        programs, $428,048,000.\1\
---------------------------------------------------------------------------
    \1\ Title II of the Department of Defense Appropriations Act, 2008 
(Public Law 110-116; 121 Stat. 1303) 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, $428,048,000, to remain available until September 30, 2010: 
Provided, That of the amounts provided under this heading, $12,000,000 
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.''.
---------------------------------------------------------------------------
          (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. Specification of Cooperative Threat Reduction programs in 
          states outside the former Soviet Union.
Sec. 1304. Repeal of restrictions on assistance to states of the former 
          Soviet Union for Cooperative Threat Reduction.
Sec. 1305. Modification of authority to use Cooperative Threat Reduction 
          funds outside the former Soviet Union.
Sec. 1306. New initiatives for the Cooperative Threat Reduction Program.
Sec. 1307. Report relating to chemical weapons destruction at 
          Shchuch'ye, Russia.
Sec. 1308. National Academy of Sciences study of prevention of 
          proliferation of biological weapons.

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

    (a) \2\ Specification of Cooperative Threat Reduction 
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 (50 U.S.C. 2362 note), 
as amended by section 1303 of this Act.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 5852 note.
---------------------------------------------------------------------------
    (b) Fiscal Year 2008 Cooperative Threat Reduction Funds 
Defined.--As used in this title, the term ``fiscal year 2008 
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 $428,048,000 
authorized to be appropriated to the Department of Defense for 
fiscal year 2008 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, $92,885,000.
          (2) For nuclear weapons storage security in Russia, 
        $47,640,000.
          (3) For nuclear weapons transportation security in 
        Russia, $37,700,000.
          (4) For weapons of mass destruction proliferation 
        prevention in the states of the former Soviet Union, 
        $47,986,000.
          (5) For biological weapons proliferation prevention 
        in the former Soviet Union, $158,489,000.
          (6) For chemical weapons destruction, $6,000,000.
          (7) For defense and military contacts, $8,000,000.
          (8) For new Cooperative Threat Reduction initiatives 
        that are outside the former Soviet Union, $10,000,000.
          (9) For activities designated as Other Assessments/
        Administrative Support, $19,348,000.
    (b) Report on Obligation or Expenditure of Funds for Other 
Purposes.--No fiscal year 2008 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 2008 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) In general.--Subject to paragraph (2), 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 2008 for a purpose listed in paragraphs (1) 
        through (9) of subsection (a) in excess of the specific 
        amount authorized for that purpose.
          (2) Notice-and-wait required.--An obligation of funds 
        for a purpose stated in paragraphs (1) through (9) of 
        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.

SEC. 1303. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS IN 
                    STATES OUTSIDE THE FORMER SOVIET UNION.

    Section 1501 of the National Defense Authorization Act for 
Fiscal Year 1997 (50 U.S.C. 2362 note) is amended-- * * *

SEC. 1304. REPEAL OF RESTRICTIONS ON ASSISTANCE TO STATES OF THE FORMER 
                    SOVIET UNION FOR COOPERATIVE THREAT REDUCTION.

    (a) In General.--
          (1) Soviet nuclear threat reduction act of 1991.--The 
        Soviet Nuclear Threat Reduction Act of 1991 (title II 
        of Public Law 102-228; 22 U.S.C. 2551 note) is 
        amended-- * * *
          (2) Cooperative threat reduction act of 1993.--
        Section 1203 of the Cooperative Threat Reduction Act of 
        1993 (22 U.S.C. 5952) is amended * * *
          (3) Russian chemical weapons destruction 
        facilities.--Section 1305 of the National Defense 
        Authorization Act for Fiscal Year 2000 (Public Law 106-
        65; 22 U.S.C. 5952 note) is repealed.
          (4) Conforming repeal.--Section 1303 of the Ronald W. 
        Reagan National Defense Authorization Act for Fiscal 
        Year 2005 (Public Law 108-375; 22 U.S.C. 5952 note) is 
        repealed.
    (b) \2\ Inapplicability of Other Restrictions.--Section 502 
of the Freedom for Russia and Emerging Eurasian Democracies and 
Open Markets Support Act of 1992 (22 U.S.C. 5852) shall not 
apply to any Cooperative Threat Reduction program.

SEC. 1305. MODIFICATION OF AUTHORITY TO USE COOPERATIVE THREAT 
                    REDUCTION FUNDS OUTSIDE THE FORMER SOVIET UNION.

    Section 1308 of the National Defense Authorization Act for 
Fiscal Year 2004 (22 U.S.C. 5963) is amended-- * * *

SEC. 1306. NEW INITIATIVES FOR THE COOPERATIVE THREAT REDUCTION 
                    PROGRAM.

    (a) Sense of Congress.--It is the sense of Congress that--
          (1) the Department of Defense Cooperative Threat 
        Reduction (CTR) Program should be strengthened and 
        expanded, in part by developing new CTR initiatives;
          (2) such new initiatives should--
                  (A) be well-coordinated with the Department 
                of Energy, the Department of State, and any 
                other relevant United States Government agency 
                or department;
                  (B) include appropriate transparency and 
                accountability mechanisms, and legal frameworks 
                and agreements between the United States and 
                CTR partner countries;
                  (C) reflect engagement with non-governmental 
                experts on possible new options for the CTR 
                Program;
                  (D) include work with the Russian Federation 
                and other countries to establish strong CTR 
                partnerships that, among other things--
                          (i) increase the role of scientists 
                        and government officials of CTR partner 
                        countries in designing CTR programs and 
                        projects; and
                          (ii) increase financial contributions 
                        and additional commitments to CTR 
                        programs and projects from Russia and 
                        other partner countries, as 
                        appropriate, as evidence that the 
                        programs and projects reflect national 
                        priorities and will be sustainable;
                  (E) include broader international cooperation 
                and partnerships, and increased international 
                contributions;
                  (F) incorporate a strong focus on national 
                programs and sustainability, which includes 
                actions to address concerns raised and 
                recommendations made by the Government 
                Accountability Office, in its report of 
                February 2007 titled ``Progress Made in 
                Improving Security at Russian Nuclear Sites, 
                but the Long-Term Sustainability of U.S. Funded 
                Security Upgrades is Uncertain'', which pertain 
                to the Department of Defense;
                  (G) continue to focus on the development of 
                CTR programs and projects that secure nuclear 
                weapons; secure and eliminate chemical and 
                biological weapons and weapons-related 
                materials; and eliminate nuclear, chemical, and 
                biological weapons-related delivery vehicles 
                and infrastructure at the source; and
                  (H) include efforts to develop new CTR 
                programs and projects in Russia and the former 
                Soviet Union, and in countries and regions 
                outside the former Soviet Union, as appropriate 
                and in the interest of United States national 
                security; and
          (3) such new initiatives could include--
                  (A) programs and projects in Asia and the 
                Middle East; and
                  (B) activities relating to the 
                denuclearization of the Democratic People's 
                Republic of Korea.
    (b) National Academy of Sciences Study.--
          (1) Study.--Not later than 60 days after the date of 
        the enactment of this Act, the Secretary of Defense 
        shall enter into an arrangement with the National 
        Academy of Sciences under which the Academy shall carry 
        out a study to analyze options for strengthening and 
        expanding the CTR Program.
          (2) Matters to be included in study.--The Secretary 
        shall provide for the study under paragraph (1) to 
        include--
                  (A) an assessment of new CTR initiatives 
                described in subsection (a); and
                  (B) an identification of options and 
                recommendations for strengthening and expanding 
                the CTR Program.
          (3) Submission of national academy of sciences 
        report.--The National Academy of Sciences shall submit 
        to Congress a report on the study under this subsection 
        at the same time that such report is submitted to the 
        Secretary of Defense pursuant to subsection (c).
    (c) Secretary of Defense Report.--
          (1) In general.--Not later than 90 days after receipt 
        of the report under subsection (b), the Secretary of 
        Defense shall submit to Congress a report on new CTR 
        initiatives. The report shall include--
                  (A) a summary of the results of the study 
                carried out under subsection (b);
                  (B) an assessment by the Secretary of the 
                study; and
                  (C) a statement of the actions, if any, to be 
                undertaken by the Secretary to implement any 
                recommendations in the study.
          (2) Form.--The report shall be in unclassified form 
        but may include a classified annex if necessary.
    (d) Funding.--Of the amounts appropriated pursuant to the 
authorization of appropriations in section 301(19) or otherwise 
made available for Cooperative Threat Reduction programs for 
fiscal year 2008, not more than $1,000,000 shall be obligated 
or expended to carry out this section.

SEC. 1307. REPORT RELATING TO CHEMICAL WEAPONS DESTRUCTION AT 
                    SHCHUCH'YE, RUSSIA.

    (a) Definition.--In this section, the terms ``Shchuch'ye 
project'' and ``project'' mean the Cooperative Threat Reduction 
Program chemical weapons destruction project located in the 
area of Shchuch'ye in the Russian Federation.
    (b) Report Required.--Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report on the 
Shchuch'ye project. The report shall include--
          (1) a current and detailed cost estimate for 
        completion of the project, to include costs that will 
        be borne by the United States and Russia, respectively; 
        and
          (2) a specific strategic and operating plan for 
        completion of the project, which includes--
                  (A) the Department's plans to ensure robust 
                project management and oversight, including 
                management and oversight with respect to the 
                performance of any contractors;
                  (B) project quality assurance and 
                sustainability measures;
                  (C) metrics for measuring project progress 
                with a timetable for achieving goals, including 
                initial systems integration and start-up 
                testing; and
                  (D) a projected project completion date.

SEC. 1308. NATIONAL ACADEMY OF SCIENCES STUDY OF PREVENTION OF 
                    PROLIFERATION OF BIOLOGICAL WEAPONS.

    (a) Study Required.--Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
enter into an arrangement with the National Academy of Sciences 
under which the Academy shall carry out a study to identify 
areas for cooperation with states other than states of the 
former Soviet Union under the Cooperative Threat Reduction 
Program of the Department of Defense in the prevention of 
proliferation of biological weapons.
    (b) Matters To Be Included in Study.--The Secretary shall 
provide for the study under subsection (a) to include the 
following:
          (1) An assessment of the capabilities and capacity of 
        governments of developing countries to control the 
        containment and use of dual-use technologies of 
        potential interest to terrorist organizations or 
        individuals with hostile intentions.
          (2) An assessment of the approaches to cooperative 
        threat reduction used by the states of the former 
        Soviet Union that are of special relevance in 
        preventing the proliferation of biological weapons in 
        other areas of the world.
          (3) A brief review of programs of the United States 
        Government and other governments, international 
        organizations, foundations, and other private sector 
        entities that may contribute to the prevention of the 
        proliferation of biological weapons.
          (4) Recommendations on steps for integrating 
        activities of the Cooperative Threat Reduction Program 
        relating to biological weapons proliferation prevention 
        with activities of other departments and agencies of 
        the United States, as appropriate, in states outside of 
        the former Soviet Union.
    (c) Submission of National Academy of Sciences Report.--The 
National Academy of Sciences shall submit to Congress a report 
on the study under subsection (a) at the same time that such 
report is submitted to the Secretary of Defense pursuant to 
subsection (d).
    (d) Secretary of Defense Report.--
          (1) In general.--Not later than 90 days after receipt 
        of the report required by subsection (a), the Secretary 
        shall submit to the Congress a report on the study 
        carried out under subsection (a).
          (2) Matters to be included.--The report under 
        paragraph (1) shall include the following:
                  (A) A summary of the results of the study 
                carried out under subsection (a).
                  (B) An assessment by the Secretary of the 
                study.
                  (C) A statement of the actions, if any, to be 
                undertaken by the Secretary to implement any 
                recommendations in the study.
          (3) Form.--The report under paragraph (1) shall be 
        submitted in unclassified form, but may include a 
        classified annex.
    (e) Funding.--Of the amounts appropriated pursuant to the 
authorization of appropriations in section 301(19) or otherwise 
made available for Cooperative Threat Reduction programs for 
fiscal year 2008, not more than $1,000,000 may be obligated or 
expended to carry out this section.
          * * * * * * *
   d. Cooperative Threat Reduction Authorization in Response to 9/11 
              Commission Recommendations, Fiscal Year 2008

Partial text of Public Law 110-53 [Implementing Recommendations of the 
9/11 Commission Act of 2007; H.R. 1], 121 Stat. 266, approved August 3, 
                                  2007

AN ACT To provide for the implementation of the recommendations of the 
    National Commission on Terrorist Attacks Upon the United States.

    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 
``Implementing Recommendations of the 9/11 Commission Act of 
2007''.
    (b) * * *
          * * * * * * *

 TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND 
                               TERRORISM

SEC. 1801.\1\ FINDINGS.

    The 9/11 Commission has made the following recommendations:
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 2901.
---------------------------------------------------------------------------
          (1)-(2) * * *
          (3) Support the cooperative threat reduction 
        program.--The United States should expand, improve, 
        increase resources for, and otherwise fully support the 
        Cooperative Threat Reduction program.
          * * * * * * *

 Subtitle A--Repeal and Modification of Limitations on Assistance for 
             Prevention of WMD Proliferation and Terrorism

SEC. 1811. REPEAL AND MODIFICATION OF LIMITATIONS ON ASSISTANCE FOR 
                    PREVENTION OF WEAPONS OF MASS DESTRUCTION 
                    PROLIFERATION AND TERRORISM.

    Consistent with the recommendations of the 9/11 Commission, 
Congress repeals or modifies the limitations on assistance for 
prevention of weapons of mass destruction proliferation and 
terrorism as follows:
          (1) Soviet nuclear threat reduction act of 1991.--
        Subsections (b) and (c) of section 211 of the Soviet 
        Nuclear Threat Reduction Act of 1991 (title II of 
        Public Law 102-228; 22 U.S.C. 2551 note) are repealed.
          (2) Cooperative threat reduction act of 1993.--
        Section 1203(d) of the Cooperative Threat Reduction Act 
        of 1993 (title XII of Public Law 103-160; 22 U.S.C. 
        5952(d)) is repealed.
          (3) Russian chemical weapons destruction 
        facilities.--Section 1305 of the National Defense 
        Authorization Act for Fiscal Year 2000 (Public Law 106-
        65; 22 U.S.C. 5952 note) is repealed.
          (4) Authority to use cooperative threat reduction 
        funds outside the former soviet union--modification of 
        certification requirement; congressional notice 
        requirement.--Section 1308 of the National Defense 
        Authorization Act for Fiscal Year 2004 (Public Law 108-
        136; 22 U.S.C. 5963) is amended-- * * *
          * * * * * * *

  Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of 
              Mass Destruction Proliferation and Terrorism

SEC. 1831.\2\ STATEMENT OF POLICY.

    It shall be the policy of the United States, consistent 
with the 9/11 Commission's recommendations, to eliminate any 
obstacles to timely obligating and executing the full amount of 
any appropriated funds for threat reduction and 
nonproliferation programs in order to accelerate and strengthen 
progress on preventing weapons of mass destruction (WMD) 
proliferation and terrorism. Such policy shall be implemented 
with concrete measures, such as those described in this title, 
including the removal and modification of statutory limits to 
executing funds, the expansion and strengthening of the 
Proliferation Security Initiative, the establishment of the 
Office of the United States Coordinator for the Prevention of 
Weapons of Mass Destruction Proliferation and Terrorism under 
subtitle D, and the establishment of the Commission on the 
Prevention of Weapons of Mass Destruction Proliferation and 
Terrorism under subtitle E. As a result, Congress intends 
thatany funds authorized to be appropriated to programs for 
preventing WMD proliferation and terrorism under this subtitle 
will be executed in a timely manner.
---------------------------------------------------------------------------
    \2\ 50 U.S.C. 2921.
---------------------------------------------------------------------------

SEC. 1832.\3\ AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF 
                    DEFENSE COOPERATIVE THREAT REDUCTION PROGRAM.

    (a) Fiscal Year 2008.--
---------------------------------------------------------------------------
    \3\ 50 U.S.C. 2922.
---------------------------------------------------------------------------
          (1) In general.--Subject to paragraph (2), there are 
        authorized to be appropriated to the Department of 
        Defense Cooperative Threat Reduction Program such sums 
        as may be necessary for fiscal year 2008 for the 
        following purposes:
                  (A) Chemical weapons destruction at 
                Shchuch'ye, Russia.
                  (B) Biological weapons proliferation 
                prevention.
                  (C) Acceleration, expansion, and 
                strengthening of Cooperative Threat Reduction 
                Program activities.
          (2) Limitation.--The sums appropriated pursuant to 
        paragraph (1) may not exceed the amounts authorized to 
        be appropriated by any national defense authorization 
        Act for fiscal year 2008 (whether enacted before or 
        after the date of the enactment of this Act) to the 
        Department of Defense Cooperative Threat Reduction 
        Program for such purposes.
    (b) Future Years.--It is the sense of Congress that in 
fiscal year 2008 and future fiscal years, the President should 
accelerate and expand funding for Cooperative Threat Reduction 
programs administered by the Department of Defense and such 
efforts should include, beginning upon enactment of this Act, 
encouraging additional commitments by the Russian Federation 
and other partner nations, as recommended by the 9/11 
Commission.

SEC. 1833.\4\ AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF 
                    ENERGY PROGRAMS TO PREVENT WEAPONS OF MASS 
                    DESTRUCTION PROLIFERATION AND TERRORISM.

    (a) In General.--Subject to subsection (b), there are 
authorized to be appropriated to Department of Energy National 
Nuclear Security Administration Defense Nuclear 
Nonproliferation such sums as may be necessary for fiscal year 
2008 to accelerate, expand, and strengthen the following 
programs to prevent weapons of mass destruction (WMD) 
proliferation and terrorism:
---------------------------------------------------------------------------
    \4\ 50 U.S.C. 2923.
---------------------------------------------------------------------------
          (1) The Global Threat Reduction Initiative.
          (2) The Nonproliferation and International Security 
        program.
          (3) The International Materials Protection, Control 
        and Accounting program.
          (4) The Nonproliferation and Verification Research 
        and Development program.
    (b) Limitation.--The sums appropriated pursuant to 
subsection (a) may not exceed the amounts authorized to be 
appropriated by any national defense authorization Act for 
fiscal year 2008 (whether enacted before or after the date of 
the enactment of this Act) to Department of Energy National 
Nuclear Security Administration Defense Nuclear 
Nonproliferation for such purposes.
          * * * * * * *
           e. Cooperative Threat Reduction, Fiscal Year 2007

   Partial text of 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 2007 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; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``John 
Warner National Defense Authorization Act for Fiscal Year 
2007''.
    (b) * * *
          * * * * * * *

            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 2007 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 Former Soviet Union Threat Reduction 
        programs, $372,128,000.
          (19) * * *
          * * * * * * *

  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. Extension of temporary authority to waive limitation on 
          funding for chemical weapons destruction facility in Russia.
 Sec. 1304. National Academy of Sciences study of prevention of 
          proliferation of biological weapons.

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 2007 Cooperative Threat Reduction Funds 
Defined.--As used in this title, the term ``fiscal year 2007 
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 $372,128,000 
authorized to be appropriated to the Department of Defense for 
fiscal year 2007 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, $76,985,000.
          (2) For nuclear weapons storage security in Russia, 
        $87,100,000.
          (3) For nuclear weapons transportation security in 
        Russia, $33,000,000.
          (4) For weapons of mass destruction proliferation 
        prevention in the states of the former Soviet Union, 
        $37,486,000.
          (5) For biological weapons proliferation prevention 
        in the former Soviet Union, $68,357,000.
          (6) For chemical weapons destruction in Russia, 
        $42,700,000.
          (7) For defense and military contacts, $8,000,000.
          (8) For activities designated as Other Assessments/
        Administrative Support, $18,500,000.
    (b) Report on Obligation or Expenditure of Funds for Other 
Purposes.--No fiscal year 2007 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 2007 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) In general.--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 2007 for a purpose listed 
        in any of the paragraphs in subsection (a) in excess of 
        the specific amount authorized for that purpose.
          (2) Notice-and-wait required.--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) Restriction.--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. EXTENSION OF TEMPORARY AUTHORITY TO WAIVE LIMITATION ON 
                    FUNDING FOR CHEMICAL WEAPONS DESTRUCTION FACILITY 
                    IN RUSSIA.

    Section 1303 of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 
Stat. 2094; 22 U.S.C. 5952 note) is amended-- * * *

SEC. 1304. NATIONAL ACADEMY OF SCIENCES STUDY OF PREVENTION OF 
                    PROLIFERATION OF BIOLOGICAL WEAPONS.

    (a) Study Required.--Not later than 60 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
enter into an arrangement with the National Academy of Sciences 
under which the Academy shall carry out a study to identify 
areas for further cooperation with Russia and other states of 
the former Soviet Union under the Cooperative Threat Reduction 
(CTR) program of the Department of Defense in the specific area 
of prevention of proliferation biological weapons.
    (b) Matters to Be Included in Study.--The Secretary shall 
provide for the study under subsection (a) to include the 
following:
          (1) A brief review of any ongoing or previously 
        completed United States Government program (whether 
        conducted through the Cooperative Threat Reduction 
        program or otherwise) in the area of prevention of 
        proliferation of biological weapons.
          (2) An identification of further cooperative work 
        between the United States Government and foreign 
        governments, including technical scientific 
        cooperation, that could effectively be pursued in the 
        area of prevention of proliferation of biological 
        weapons and the objectives that such work would be 
        designed to achieve.
          (3) An identification of any obstacles to designing 
        and implementing a nonproliferation program (whether 
        conducted through the Cooperative Threat Reduction 
        program or otherwise) that could successfully 
        accomplish the objectives identified pursuant to 
        paragraph (2), together with recommendations for 
        overcoming such obstacles, including recommendations in 
        the area of coordination among relevant United States 
        Government departments and agencies.
    (c) Report.--
          (1) Secretary of defense report.--Not later than 
        December 31, 2007, 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 on the study carried out under 
        subsection (a).
          (2) Matters to be incuded.\1\--The report under 
        paragraph (1) shall incude the following:
---------------------------------------------------------------------------
    \1\ As enrolled.
---------------------------------------------------------------------------
                  (A) The results of the study carried out 
                under subsection (a), including any report 
                received from the National Academy of Sciences 
                on such study.
                  (B) An assessment of the study by the 
                Secretary.
                  (C) an action plan for implementing the 
                recommendations from the study, if any, that 
                the Secretary has decided to pursue.
          (3) Form of submittal.--The report under paragraph 
        (1) shall be submitted in unclassified form, but may 
        include a classified annex.
    (d) Funding.--Of the amounts made available pursuant to the 
authorization of appropriations in section 301(19) \2\ for 
Cooperative Threat Reduction programs, not more than $150,000 
shall be available to carry out this section.
---------------------------------------------------------------------------
    \2\ Sec. 301(18) of this Act authorizes $372,128,000 for Former 
Soviet Union Threat Reduction programs. Sec. 301(19) authorizes 
$63,204,000 for Overseas Humanitarian Disaster and Civic Aid.
---------------------------------------------------------------------------
          * * * * * * *
           f. 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.\1\
---------------------------------------------------------------------------
    \1\ Title II of the Department of Defense Appropriations Act, 2006 
(division A of 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.''.
    Subsequently, chapter 2 of title I of the Emergency Supplemental 
Appropriations Act for Defense, the Global War on Terror, and Hurricane 
Recovery, 2006 (Public Law 109-234; 120 Stat. 422) provided the 
following:
---------------------------------------------------------------------------

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

    ``For an additional amount for ``Former Soviet Union Threat 
Reduction Account'', $44,500,000: Provided, That the amount provided 
under this heading is designated as an emergency requirement pursuant 
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 
resolution on the budget for fiscal year 2006.''.
---------------------------------------------------------------------------
          (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-- * * *

SEC. 1304.\2\ 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--
---------------------------------------------------------------------------
    \2\ In a memorandum dated May 26, 2006 (71 F.R. 36435; June 26, 
2006), the President delegated his functions under sec. 1304 to the 
Secretary of State.
---------------------------------------------------------------------------
          (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 * * *
          * * * * * * *
           g. 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; 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; and Public Law 110-
  181 [National Defense Authorization Act for Fiscal Year 2008; H.R. 
             4986], 122 Stat. 3, approved January 28, 2008

 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. 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\ * * * [REPEALED--2008]

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-- * * *
---------------------------------------------------------------------------
    \2\ Sec. 1304(a)(4) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 413) repealed sec. 
1303. It provided temporary authority to waive a limitation on funding 
for chemical weapons destruction contained in sec. 1305 of Public Law 
106-65, which sec. 1304(a)(3) of Public 110-181 repealed.
    Sec. 1303 of the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2432) had made earlier 
amendments to this section.
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          * * * * * * *
           h. 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; as amended by Public Law 110-53 [Implementing Recommendations of 
   the 9/11 Commission Act of 2007; H.R. 1], 121 Stat. 266, approved 
August 3, 2007; and Public Law 110-181 [National Defense Authorization 
Act for Fiscal Year 2008; H.R. 4986], 122 Stat. 3, approved January 28, 
                                  2008

 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\
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    \1\ Title II of the Department of Defense Appropriations Act, 2004 
(Public Law 108-87; 117 Stat. 1061) provides 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.''.
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          (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.
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    (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 Secretary of Defense may \8\ 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 Secretary of Defense, 
with the concurrence of the Secretary of State,\8\ determines 
each of the following:
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    \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.
    \8\ Sec. 1811(4)(A)(i) of the Implementing Recommendations of the 
9/11 Commission Act of 2007 (Public Law 110-53; 121 Stat. 493) struck 
out ``the President may'' and inserted in lieu thereof ``the Secretary 
of Defense may''. Sec. 1811(4)(A)(ii) of that Act struck out ``if the 
President'' and inserted in lieu thereof ``if the Secretary of Defense, 
with the concurrence of the Secretary of State,''. Subsequently, sec. 
1305(1) of the National Defense Authorization Act for Fiscal Year 2008 
(Public Law 110-181; 122 Stat. 413) struck out ``Subject to'' and all 
that followed through ``the following:'' from the text of subsec. (a), 
and replaced it with exactly the same text.
---------------------------------------------------------------------------
          (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) \9\ Limitation on Availability of Funds.--
---------------------------------------------------------------------------
    \9\ Sec. 1305(2) of Public Law 110-181 struck out the original 
subsec. (c) and redesignated subsecs. (d) and (e) as subsecs. (c) and 
(d), respectively. The former subsec. (c) read as follows:
    ``(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.''.
    Sec. 1305(3) of Public Law 110-181 restated entirely the former 
subsec. (d), newly redesignated as subsec. (c). Sec. 1811(4) of Public 
Law 110-53 had previously made several changes to the former subsec. 
(d). The former subsection, as amended, read as follows:
    ``(d) Limitation on Availability of Funds.--(1) The Secretary of 
Defensejy not obligate funds for a project or activity under the 
authority in subsection (a) until the Secretary of Defense, with the 
concurrence of the Secretary of State, makes each determination 
specified in that subsection with respect to such project or activity.
    ``(2) Not later than 15 days prior to obligating funds under the 
authority in subsection (a) for a project or activity, the Secretary of 
Defense shall notify the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives and the Committee on 
Armed Services and the Committee on Foreign Relations of the Senate 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.''.

          (1) The Secretary of Defense may not obligate funds 
        for a project or activity under the authority in 
        subsection (a) of this section until the Secretary of 
        Defense, with the concurrence of the Secretary of 
        State, 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) of this section 
        for a project or activity, the Secretary of Defense and 
        the Secretary of State 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.
          (3) In the case of a situation that threatens human 
        life or safety or where a delay would severely 
        undermine the national security of the United States, 
        notification under paragraph (2) shall be made not 
        later than 10 days after obligating funds under the 
        authority in subsection (a) for a project or activity.
    (d) \9\ 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.\10\ SHORT TITLE.

    This title  may be cited as the ``Nuclear Security 
Initiative Act of 2003''.
---------------------------------------------------------------------------
    \10\ 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.
          * * * * * * *
           i. 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 * * *
    (b) * * *

SEC. 1305.\3\ 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.
---------------------------------------------------------------------------
    \3\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------

SEC. 1306.\3\,\4\ LIMITED WAIVER OF RESTRICTIONS ON USE OF 
                    FUNDS FOR THREAT REDUCTION IN STATES OF THE FORMER 
                    SOVIET UNION.

    (a) \5\ 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--
---------------------------------------------------------------------------
    \4\ In a memorandum for the Secretary of State dated December 15, 
2005 (71 F.R. 1467; January 9, 2006), the President assigned the 
functions granted to the President under sec. 1306 to the Secretary of 
State.
    \5\ In a memorandum dated May 26, 2006 (71 F.R. 36435; June 26, 
2006), the President delegated to the Secretary of State the 
President's functions under sec. 1306(a) and (b) as they relate to sec. 
1308(d) of the National Defense Authorization Act for Fiscal Year 1994, 
as amended (Public Law 103-160; 22 U.S.C. 5963(d)). Sec. 1308(d) deals 
with certain limitations on the use of Cooperative Threat Reduction 
funds outside the former Soviet Union.
---------------------------------------------------------------------------
          (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\,\6\ 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:
---------------------------------------------------------------------------
    \6\ 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) \7\ 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-- * * *
---------------------------------------------------------------------------
    \7\ 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.''.

          * * * * * * *

 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) \8\ 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.
---------------------------------------------------------------------------
    \8\ 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.
          * * * * * * *
           j. 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.
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    \3\ 22 U.S.C. 5952 note.
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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: * * *
           k. 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) * * *
          * * * * * * *

              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\
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    \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. 1304(b) of that Act 
(22 U.S.C. 5959 note) stated that new paras. (6) and (7) would apply 
beginning with the report submitted under sec. 1308(a) in 2004.
    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.
          * * * * * * *
           l. 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; Public Law 107-107 [National Defense 
   Authorization Act for Fiscal Year 2002; S. 1438], 115 Stat. 1012, 
      approved December 28, 2001; Public Law 110-53 [Implementing 
Recommendations of the 9/11 Commission Act of 2007; H.R. 1], 121 Stat. 
266, approved August 3, 2007; and Public Law 110-181 [National Defense 
   Authorization Act for Fiscal Year 2008; H.R. 4986], 122 Stat. 3, 
                       approved January 28, 2008

 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. [Repealed--2008]
Sec. 1306. Limitation on use of funds until submission of report.
Sec. 1307. [Repealed--2000]
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.\3\ * * * [REPEALED--2008]

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--
---------------------------------------------------------------------------
    \3\ Sec. 1811(3) of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (Public Law 110-53; 121 Stat. 492) repealed this 
section, which prohibited the use of funds for chemical weapons 
destruction unless the Secretary of Defense certified that Russia had 
met certain requirements. For the text of the former sec. 1305 and 
accompanying notes, see Legislation on Foreign Relations Through 2005, 
Vol. II-B, pp. 89-90. Subsequently, sec. 1304(a)(3) of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 412) contained an identical provision to repeal this section.
---------------------------------------------------------------------------
          (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.\4\ * * * [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--
---------------------------------------------------------------------------
    \4\ 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.\5\ RUSSIAN NONSTRATEGIC NUCLEAR ARMS.

    It \6\ is the sense of Congress that--
---------------------------------------------------------------------------
    \5\ 22 U.S.C. 5955 note.
    \6\ 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.
          * * * * * * *
           m. 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) * * *
          * * * * * * *

            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.
          * * * * * * *
           n. 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.
          * * * * * * *
         o. 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; and Public Law 110-181 [National 
 Defense Authorization Act for Fiscal Year 2008; H.R. 4986], 122 Stat. 
                      3, approved January 28, 2008

 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 subsections (b) and (c).\4\
---------------------------------------------------------------------------
    \3\ 50 U.S.C. 2362 note.
    \4\ Sec. 1303(1) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 412) struck out 
``subsection (b)'' at this point and inserted in lieu thereof 
``subsections (b) and (c)'', and added a new subsec. (c) at the end of 
this section.
---------------------------------------------------------------------------
    (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,\5\ and weapons-related 
        technology and expertise.
---------------------------------------------------------------------------
    \5\ 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.
    (c) \4\ Specified Programs With Respect to States Outside 
the Former Soviet Union.--The programs referred to in 
subsection (a) are the following programs with respect to 
states that are not states of the former Soviet Union:
          (1) Programs to facilitate the elimination, and the 
        safe and secure transportation and storage, of chemical 
        or biological weapons, weapons components, weapons-
        related materials, and their delivery vehicles.
          (2) Programs to facilitate safe and secure 
        transportation and storage of nuclear weapons, weapons 
        components, and their delivery vehicles.
          (3) Programs to prevent the proliferation of nuclear 
        and chemical weapons, weapons components, and weapons-
        related military technology and expertise.
          (4) Programs to prevent the proliferation of 
        biological weapons, weapons components, and weapons-
        related military technology and expertise, which may 
        include activities that facilitate detection and 
        reporting of highly pathogenic diseases or other 
        diseases that are associated with or that could be 
        utilized as an early warning mechanism for disease 
        outbreaks that could impact the Armed Forces of the 
        United States or allies of the United States.
          (5) 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) \6\ 
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.
---------------------------------------------------------------------------
    \6\ 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.
           p. 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.
          * * * * * * *
           q. 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.
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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).
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    (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.
          * * * * * * *
              r. Cooperative Threat Reduction Act of 1993

Partial text 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; 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 110-53 [Implementing 
Recommendations of the 9/11 Commission Act of 2007; H.R. 1], 121 Stat. 
266, approved August 3, 2007; and Public Law 110-181 [National Defense 
   Authorization Act for Fiscal Year 2008; H.R. 4986], 122 Stat. 3, 
                       approved January 28, 2008

 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.''.
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          * * * * * * *

 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).
    Sec. 1811(2) of the Implementing Recommendations of the 9/11 
Commission Act of 2007 (Public Law 110-53; 121 Stat. 492) repealed 
subsec. (d) of this section, which prohibited assistance to former 
states of the Soviet Union if the President did not certify that such 
states were meeting requirements listed in the subsection. For the text 
of former subsec. (d) and accompanying notes, see Legislation on 
Foreign Relations Through 2005, Vol. II-B, pp. 125-26. Sec. 1304(a)(2) 
of the National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181; 122 Stat. 412) contains a provision to strike out this 
already repealed subsection.
---------------------------------------------------------------------------
    (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.

SEC. 1204.\5\ 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).
---------------------------------------------------------------------------
    \5\ 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.\6\ 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.
---------------------------------------------------------------------------
    \6\ 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.\7\ 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--
---------------------------------------------------------------------------
    \7\ 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.\8\ * * * [REPEALED--2000]

SEC. 1208.\9\ APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this title, the term ``appropriate congressional 
committees'' means--
---------------------------------------------------------------------------
    \8\ 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.
    \9\ 22 U.S.C. 5957.
---------------------------------------------------------------------------
          (1) the Committee on Foreign Relations of the Senate, 
        the Committee on Foreign Affairs \10\ 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);
---------------------------------------------------------------------------
    \10\ 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 \11\ 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
---------------------------------------------------------------------------
    \11\ 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.\12\ 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.
---------------------------------------------------------------------------
    \12\ 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.
   s. Freedom for Russia and Emerging Eurasian Democracies and Open 
                 Markets (FREEDOM) Support Act of 1992

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 (58 F.R. 3193; January 8, 
1993), 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.''.
---------------------------------------------------------------------------
          (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.\4\ Each such 
report shall specify--
---------------------------------------------------------------------------
    \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\
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    \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.
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    (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.
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          (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.
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    (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.
          * * * * * * *
          t. 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 165 of this volume.
---------------------------------------------------------------------------
    (b) Technical Revisions to Public Law 102-229.--Public Law 
102-229 is amended-- * * * \9\
---------------------------------------------------------------------------
    \9\ For text, see page 171 of this volume.
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          * * * * * * *
   u. 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; Public Law 
 104-106 [National Defense Authorization Act for Fiscal Year 1996; S. 
  1124], 110 Stat. 186, approved February 10, 1996; Public Law 110-53 
[Implementing Recommendations of the 9/11 Commission Act of 2007; H.R. 
  1], 121 Stat. 266, approved August 3, 2007; and Public Law 110-181 
 [National Defense Authorization Act for Fiscal Year 2008; H.R. 4986], 
                 122 Stat. 3, approved January 28, 2008

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 2008, 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. * * * [REPEALED 2007] \4\
---------------------------------------------------------------------------

    \4\ Sec. 1304(a)(1)(A) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 412) struck out 
sec. 211 of this Act. For the full text of the former sec. 211 and 
accompanying notes, see Legislation on Foreign Relations Through 2005, 
vol. II-B, p. 148. Sec. 1811(1) of the Implementing Recommendations of 
the 9/11 Commission Act of 2007 (Public Law 110-53; 121 Stat. 492) had 
earlier repealed subsecs. (b) and (c) of sec. 211.
---------------------------------------------------------------------------

SEC. 212.\3\,}\5\ AUTHORITY FOR PROGRAM TO FACILITATE SOVIET 
                    WEAPONS DESTRUCTION.

    (a) In General.--Notwithstanding any other provision of 
law, the President \6\ 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.
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    \5\ 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 sec. 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.
    \6\ Sec. 1304(a)(1)(B) of Public Law 110-181 (122 Stat. 412) struck 
out ``, consistent with the findings stated in section 211,'' at this 
point.
---------------------------------------------------------------------------
    (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\,}\5\ 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.''.
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          (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.
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    \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).
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    (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) \5\ 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''.
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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 172 
of this volume.
---------------------------------------------------------------------------

                  Part D--Reporting Requirements \14\

SEC. 231.\3\,}\5\ 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--
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    \14\ Under Condition 5(C) of the Senate resolution of advice and 
consent to ratification of the Conventional Armed Forces in Europe 
treaty (Treaty No. 102-8; November 25, 1991), the President must report 
to Congress if a new state is formed in the geographical area covered 
by the treaty. In sec. 2(a)(2) of Executive Order 13313 dated July 31, 
2003 (68 F.R. 46075; August 5, 2003), the President delegated this 
function to the Secretary of State.
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          (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.\15\ * * * [REPEALED--1994]
---------------------------------------------------------------------------

    \15\ 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.
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             TITLE III--EMERGENCY AIRLIFT AND OTHER SUPPORT

SEC. 301.\16\ AUTHORITY TO TRANSFER CERTAIN FUNDS TO PROVIDE EMERGENCY 
                    AIRLIFT AND OTHER SUPPORT.

    (a) Findings.--The Congress finds--
---------------------------------------------------------------------------
    \16\ 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 \17\ 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.
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    \17\ 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.
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    (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 \17\ 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 
\18\ of the House of Representatives. This report shall at a 
minimum, set forth--
---------------------------------------------------------------------------
    \18\ 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.\19\ 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-- * * *
---------------------------------------------------------------------------
    \19\ 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.\20\ ON-SITE INSPECTION AGENCY. * * *

     
---------------------------------------------------------------------------
    \20\ 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).
  v. 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\
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    \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:
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``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.''.
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                          (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. Implementing Recommendations of the 9/11 Commission Concerning 
                     Nonproliferation and Terrorism

  Partial text of Public Law 110-53 [Title XVIII of the Implementing 
Recommendations of the 9/11 Commission Act of 2007; H.R. 1], 121 Stat. 
                      266, approved August 3, 2007

AN ACT To provide for the implementation of the recommendations of the 
    National Commission on Terrorist Attacks Upon the United States.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
---------------------------------------------------------------------------
    \1\ See also arms control provisions in annual National Defense 
Authorization Acts, sec. 5 of this volume, beginning at page 528. See 
also international terrorism provisions, this volume. See also in the 
Arms Export Control Act (Legislation on Foreign Relations Through 2008, 
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 
2008, 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.
---------------------------------------------------------------------------

SECTION 1.\2\ SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the 
``Implementing Recommendations of the 9/11 Commission Act of 
2007''.
---------------------------------------------------------------------------
    \2\ 6 U.S.C. 101 note.
---------------------------------------------------------------------------
    (b) * * *
          * * * * * * *

 TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND 
                               TERRORISM

Sec. 1801. Findings.
Sec. 1802. Definitions.

  Subtitle A--Repeal and Modification of Limitations on Assistance for 
              Prevention of WMD Proliferation and Terrorism

Sec. 1811. Repeal and modification of limitations on assistance for 
          prevention of weapons of mass destruction proliferation and 
          terrorism.

              Subtitle B--Proliferation Security Initiative

Sec. 1821. Proliferation Security Initiative improvements and 
          authorities.
Sec. 1822. Authority to provide assistance to cooperative countries.

Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of Mass 
                 Destruction Proliferation and Terrorism

Sec. 1831. Statement of policy.
Sec. 1832. Authorization of appropriations for the Department of Defense 
          Cooperative Threat Reduction Program.
Sec. 1833. Authorization of appropriations for the Department of Energy 
          programs to prevent weapons of mass destruction proliferation 
          and terrorism.

 Subtitle D--Office of the United States Coordinator for the Prevention 
       of Weapons of Mass Destruction Proliferation and Terrorism

Sec. 1841. Office of the United States Coordinator for the Prevention of 
          Weapons of Mass Destruction Proliferation and Terrorism.
Sec. 1842. Sense of Congress on United States-Russia cooperation and 
          coordination on the prevention of weapons of mass destruction 
          proliferation and terrorism.

Subtitle E--Commission on the Prevention of Weapons of Mass Destruction 
                       Proliferation and Terrorism

Sec. 1851. Establishment of Commission on the Prevention of Weapons of 
          Mass Destruction Proliferation and Terrorism.
Sec. 1852. Purposes of Commission.
Sec. 1853. Composition of Commission.
Sec. 1854. Responsibilities of Commission.
Sec. 1855. Powers of Commission.
Sec. 1856. Nonapplicability of Federal Advisory Committee Act.
Sec. 1857. Report.
Sec. 1858. Termination.
Sec. 1859. Funding.
          * * * * * * *

 TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND 
                               TERRORISM

SEC. 1801.\3\ FINDINGS.

    The 9/11 Commission has made the following recommendations:
---------------------------------------------------------------------------
    \3\ 50 U.S.C. 2901.
---------------------------------------------------------------------------
          (1) Strengthen ``counter-proliferation'' efforts.--
        The United States should work with the international 
        community to develop laws and an international legal 
        regime with universal jurisdiction to enable any state 
        in the world to capture, interdict, and prosecute 
        smugglers of nuclear material.
          (2) Expand the proliferation security initiative.--In 
        carrying out the Proliferation Security Initiative, the 
        United States should--
                  (A) use intelligence and planning resources 
                of the North Atlantic Treaty Organization 
                (NATO) alliance;
                  (B) make participation open to non-NATO 
                countries; and
                  (C) encourage Russia and the People's 
                Republic of China to participate.
          (3) Support the cooperative threat reduction 
        program.--The United States should expand, improve, 
        increase resources for, and otherwise fully support the 
        Cooperative Threat Reduction program.

SEC. 1802.\4\ DEFINITIONS.

    In this title:
---------------------------------------------------------------------------
    \4\ 50 U.S.C. 2902.
---------------------------------------------------------------------------
          (1) The terms ``prevention of weapons of mass 
        destruction proliferation and terrorism'' and 
        ``prevention of WMD proliferation and terrorism'' 
        include activities under--
                  (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);
                  (B) the programs for which appropriations are 
                authorized by section 3101(a)(2) of the Bob 
                Stump National Defense Authorization Act for 
                Fiscal Year 2003 (Public Law 107-314; 116 Stat. 
                2729);
                  (C) programs authorized by section 504 of the 
                Freedom for Russia and Emerging Eurasian 
                Democracies and Open Markets Support Act of 
                1992 (the FREEDOM Support Act) (22 U.S.C. 5854) 
                and programs authorized by section 1412 of the 
                Former Soviet Union Demilitarization Act of 
                1992 (22 U.S.C. 5902); and
                  (D) a program of any agency of the Federal 
                Government having a purpose similar to that of 
                any of the programs identified in subparagraphs 
                (A) through (C), as designated by the United 
                States Coordinator for the Prevention of 
                Weapons of Mass Destruction Proliferation and 
                Terrorism and the head of the agency.
          (2) The terms ``weapons of mass destruction'' and 
        ``WMD'' mean chemical, biological, and nuclear weapons, 
        and chemical, biological, and nuclear materials used in 
        the manufacture of such weapons.
          (3) The term ``items of proliferation concern'' 
        means--
                  (A) equipment, materials, or technology 
                listed in--
                          (i) the Trigger List of the 
                        Guidelines for Nuclear Transfers of the 
                        Nuclear Suppliers Group;
                          (ii) the Annex of the Guidelines for 
                        Transfers of Nuclear-Related Dual-Use 
                        Equipment, Materials, Software, and 
                        Related Technology of the Nuclear 
                        Suppliers Group; or
                          (iii) any of the Common Control Lists 
                        of the Australia Group; and
                  (B) any other sensitive items.

 Subtitle A--Repeal and Modification of Limitations on Assistance for 
             Prevention of WMD Proliferation and Terrorism

SEC. 1811. REPEAL AND MODIFICATION OF LIMITATIONS ON ASSISTANCE FOR 
                    PREVENTION OF WEAPONS OF MASS DESTRUCTION 
                    PROLIFERATION AND TERRORISM.

    Consistent with the recommendations of the 9/11 Commission, 
Congress repeals or modifies the limitations on assistance for 
prevention of weapons of mass destruction proliferation and 
terrorism as follows: * * *
          (1) Soviet nuclear threat reduction act of 1991.--
        Subsections (b) and (c) of section 211 of the Soviet 
        Nuclear Threat Reduction Act of 1991 (title II of 
        Public Law 102-228; 22 U.S.C. 2551 note) are repealed.
          (2) Cooperative threat reduction act of 1993.--
        Section 1203(d) of the Cooperative Threat Reduction Act 
        of 1993 (title XII of Public Law 103-160; 22 U.S.C. 
        5952(d)) is repealed.
          (3) Russian chemical weapons destruction 
        facilities.--Section 1305 of the National Defense 
        Authorization Act for Fiscal Year 2000 (Public Law 106-
        65; 22 U.S.C. 5952 note) is repealed.
          (4) Authority to use cooperative threat reduction 
        funds outside the former soviet union--modification of 
        certification requirement; congressional notice 
        requirement.--Section 1308 of the National Defense 
        Authorization Act for Fiscal Year 2004 (Public Law 108-
        136; 22 U.S.C. 5963) is amended-- * * *

             Subtitle B--Proliferation Security Initiative

SEC. 1821.\5\ PROLIFERATION SECURITY INITIATIVE IMPROVEMENTS AND 
                    AUTHORITIES.

    (a) Sense of Congress.--It is the sense of Congress, 
consistent with the 9/11 Commission's recommendations, that the 
President should strive to expand and strengthen the 
Proliferation Security Initiative (in this subtitle referred to 
as ``PSI'') announced by the President on May 31, 2003, with a 
particular emphasis on the following:
---------------------------------------------------------------------------
    \5\ 50 U.S.C. 2911.
---------------------------------------------------------------------------
          (1) Issuing a presidential directive to the relevant 
        United States Government agencies and departments that 
        directs such agencies and departments to--
                  (A) establish clear PSI authorities, 
                responsibilities, and structures;
                  (B) include in the budget request for each 
                such agency or department for each fiscal year, 
                a request for funds necessary for United States 
                PSI-related activities; and
                  (C) provide other necessary resources to 
                achieve more efficient and effective 
                performance of United States PSI-related 
                activities.
          (2) Increasing PSI cooperation with all countries.
          (3) Implementing the recommendations of the 
        Government Accountability Office (GAO) in the September 
        2006 report titled ``Better Controls Needed to Plan and 
        Manage Proliferation Security Initiative Activities'' 
        (GAO-06-937C) regarding the following:
                  (A) The Department of Defense and the 
                Department of State should establish clear PSI 
                roles and responsibilities, policies and 
                procedures, interagency communication 
                mechanisms, documentation requirements, and 
                indicators to measure program results.
                  (B) The Department of Defense and the 
                Department of State should develop a strategy 
                to work with PSI-participating countries to 
                resolve issues that are impediments to 
                conducting successful PSI interdictions.
          (4) Establishing a multilateral mechanism to increase 
        coordination, cooperation, and compliance among PSI-
        participating countries.
    (b) \6\ Budget Submission.--
---------------------------------------------------------------------------
    \6\ In Delegation of Authority 314 dated June 30, 2008 (73 F.R. 
39369; July 9, 2008), the Deputy Secretary of State delegated the 
reporting function in this subsection to the Under Secretary of State 
for Arms Control and International Security. The Deputy Secretary of 
State is authorized to delegate such functions pursuant to Delegation 
of Authority 245 dated April 23, 2001 (66 F.R. 22065; May 2, 2001), in 
which the Secretary of State delegated all of his authorities to the 
Deputy Secretary of State. The Secretary of State's authority for such 
delegation is located in sec. 1(a)(4) of the State Department Basic 
Authorities Act of 1956, as amended (Public Law 84-885; 22 U.S.C. 
2651a(a)(4)). See Legislation on Foreign Relations Through 2008, vol. 
II-A, p. xx.
---------------------------------------------------------------------------
          (1) In general.--Each fiscal year in which activities 
        are planned to be carried out under the PSI, the 
        President shall include in the budget request for each 
        participating United States Government agency or 
        department for that fiscal year, a description of the 
        funding and the activities for which the funding is 
        requested for each such agency or department.
          (2) Report.--Not later than the first Monday in 
        February of each year in which the President submits a 
        budget request described in paragraph (1), the 
        Secretary of Defense and the Secretary of State shall 
        submit to Congress a comprehensive joint report setting 
        forth the following:
                  (A) A 3-year plan, beginning with the fiscal 
                year for the budget request, that specifies the 
                amount of funding and other resources to be 
                provided by the United States for PSI-related 
                activities over the term of the plan, including 
                the purposes for which such funding and 
                resources will be used.
                  (B) For the report submitted in 2008, a 
                description of the PSI-related activities 
                carried out during the 3 fiscal years preceding 
                the year of the report, and for the report 
                submitted in 2009 and each year thereafter, a 
                description of the PSI-related activities 
                carried out during the fiscal year preceding 
                the year of the report. The description shall 
                include, for each fiscal year covered by the 
                report--
                          (i) the amounts obligated and 
                        expended for such activities and the 
                        purposes for which such amounts were 
                        obligated and expended;
                          (ii) a description of the 
                        participation of each department or 
                        agency of the United States Government 
                        in such activities;
                          (iii) a description of the 
                        participation of each foreign country 
                        or entity in such activities;
                          (iv) a description of any assistance 
                        provided to a foreign country or entity 
                        participating in such activities in 
                        order to secure such participation, in 
                        response to such participation, or in 
                        order to improve the quality of such 
                        participation; and
                          (v) such other information as the 
                        Secretary of Defense and the Secretary 
                        of State determine should be included 
                        to keep Congress fully informed of the 
                        operation and activities of the PSI.
          (3) Classification.--The report required by paragraph 
        (2) shall be in an unclassified form but may include a 
        classified annex as necessary.
    (c) Implementation Report.--Not later than 180 days after 
the date of the enactment of this Act, the President shall 
transmit to the Committee on Armed Services and the Committee 
on Foreign Affairs of the House of Representatives and the 
Committee on Armed Services and the Committee on Foreign 
Relations of the Senate a report on the implementation of this 
section. The report shall include--
          (1) the steps taken to implement the recommendations 
        described in paragraph (3) of subsection (a); and
          (2) the progress made toward implementing the matters 
        described in paragraphs (1), (2), and (4) of subsection 
        (a).
    (d) GAO Reports.--The Government Accountability Office 
shall submit to Congress, for each of fiscal years 2007, 2009, 
and 2011, a report with its assessment of the progress and 
effectiveness of the PSI, which shall include an assessment of 
the measures referred to in subsection (a).

SEC. 1822.\7\ AUTHORITY TO PROVIDE ASSISTANCE TO COOPERATIVE COUNTRIES.

    (a) In General.--The President is authorized to provide 
assistance under subsection (b) to any country that cooperates 
with the United States and with other countries allied with the 
United States to prevent the transport and transshipment of 
items of proliferation concern in its national territory or 
airspace or in vessels under its control or registry.
---------------------------------------------------------------------------
    \7\ 50 U.S.C. 2912.
---------------------------------------------------------------------------
    (b) Types of Assistance.--The assistance authorized under 
subsection (a) consists of the following:
          (1) Assistance under section 23 of the Arms Export 
        Control Act (22 U.S.C. 2763).
          (2) Assistance under chapters 4 (22 U.S.C. 2346 et 
        seq.) and 5 (22 U.S.C. 2347 et seq.) of part II of the 
        Foreign Assistance Act of 1961.
          (3) Drawdown of defense excess defense articles and 
        services under section 516 of the Foreign Assistance 
        Act of 1961 (22 U.S.C. 2321j).
    (c) Congressional Notification.--Assistance authorized 
under this section may not be provided until at least 30 days 
after the date on which the President has provided notice 
thereof to the Committee on Armed Services, the Committee on 
Foreign Affairs, and the Committee on Appropriations of the 
House of Representatives and the Committee on Armed Services, 
the Committee on Foreign Relations, and the Committee on 
Appropriations of the Senate, in accordance with the procedures 
applicable to reprogramming notifications under section 634A(a) 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1(a)), 
and has certified to such committees that such assistance will 
be used in accordance with the requirement of subsection (e) of 
this section.
    (d) Limitation.--Assistance may be provided to a country 
under subsection (a) in no more than 3 fiscal years.
    (e) Use of Assistance.--Assistance provided under this 
section shall be used to enhance the capability of the 
recipient country to prevent the transport and transshipment of 
items of proliferation concern in its national territory or 
airspace, or in vessels under its control or registry, 
including through the development of a legal framework in that 
country to enhance such capability by criminalizing 
proliferation, enacting strict export controls, and securing 
sensitive materials within its borders, and to enhance the 
ability of the recipient country to cooperate in PSI 
operations.
    (f) Limitation on Ship or Aircraft Transfers.--
          (1) Limitation.--Except as provided in paragraph (2), 
        the President may not transfer any excess defense 
        article that is a vessel or an aircraft to a country 
        that has not agreed, in connection with such transfer, 
        that it will support and assist efforts by the United 
        States, consistent with international law, to interdict 
        items of proliferation concern until 30 days after the 
        date on which the President has provided notice of the 
        proposed transfer to the committees described in 
        subsection (c) in accordance with the procedures 
        applicable to reprogramming notifications under section 
        634A(a) of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2394-1(a)), in addition to any other requirement 
        of law.
          (2) Exception.--The limitation in paragraph (1) shall 
        not apply to any transfer, not involving significant 
        military equipment, in which the primary use of the 
        aircraft or vessel will be for counternarcotics, 
        counterterrorism, or counterproliferation purposes.

  Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of 
              Mass Destruction Proliferation and Terrorism

SEC. 1831.\8\ STATEMENT OF POLICY.

    It shall be the policy of the United States, consistent 
with the 9/11 Commission's recommendations, to eliminate any 
obstacles to timely obligating and executing the full amount of 
any appropriated funds for threat reduction and 
nonproliferation programs in order to accelerate and strengthen 
progress on preventing weapons of mass destruction (WMD) 
proliferation and terrorism. Such policy shall be implemented 
with concrete measures, such as those described in this title, 
including the removal and modification of statutory limits to 
executing funds, the expansion and strengthening of the 
Proliferation Security Initiative, the establishment of the 
Office of the United States Coordinator for the Prevention of 
Weapons of Mass Destruction Proliferation and Terrorism under 
subtitle D, and the establishment of the Commission on the 
Prevention of Weapons of Mass Destruction Proliferation and 
Terrorism under subtitle E. As a result, Congress intends that 
any funds authorized to be appropriated to programs for 
preventing WMD proliferation and terrorism under this subtitle 
will be executed in a timely manner.
---------------------------------------------------------------------------
    \8\ 50 U.S.C. 2921.
---------------------------------------------------------------------------

SEC. 1832.\9\ AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF 
                    DEFENSE COOPERATIVE THREAT REDUCTION PROGRAM.

    (a) Fiscal Year 2008.--
---------------------------------------------------------------------------
    \9\ 50 U.S.C. 2922.
---------------------------------------------------------------------------
          (1) In general.--Subject to paragraph (2), there are 
        authorized to be appropriated to the Department of 
        Defense Cooperative Threat Reduction Program such sums 
        as may be necessary for fiscal year 2008 for the 
        following purposes:
                  (A) Chemical weapons destruction at 
                Shchuch'ye, Russia.
                  (B) Biological weapons proliferation 
                prevention.
                  (C) Acceleration, expansion, and 
                strengthening of Cooperative Threat Reduction 
                Program activities.
          (2) Limitation.--The sums appropriated pursuant to 
        paragraph (1) may not exceed the amounts authorized to 
        be appropriated by any national defense authorization 
        Act for fiscal year 2008 (whether enacted before or 
        after the date of the enactment of this Act) to the 
        Department of Defense Cooperative Threat Reduction 
        Program for such purposes.
    (b) Future Years.--It is the sense of Congress that in 
fiscal year 2008 and future fiscal years, the President should 
accelerate and expand funding for Cooperative Threat Reduction 
programs administered by the Department of Defense and such 
efforts should include, beginning upon enactment of this Act, 
encouraging additional commitments by the Russian Federation 
and other partner nations, as recommended by the 9/11 
Commission.

SEC. 1833.\10\ AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF 
                    ENERGY PROGRAMS TO PREVENT WEAPONS OF MASS 
                    DESTRUCTION PROLIFERATION AND TERRORISM.

    (a) In General.--Subject to subsection (b), there are 
authorized to be appropriated to Department of Energy National 
Nuclear Security Administration Defense Nuclear 
Nonproliferation such sums as may be necessary for fiscal year 
2008 to accelerate, expand, and strengthen the following 
programs to prevent weapons of mass destruction (WMD) 
proliferation and terrorism:
---------------------------------------------------------------------------
    \10\ 50 U.S.C. 2923.
---------------------------------------------------------------------------
          (1) The Global Threat Reduction Initiative.
          (2) The Nonproliferation and International Security 
        program.
          (3) The International Materials Protection, Control 
        and Accounting program.
          (4) The Nonproliferation and Verification Research 
        and Development program.
    (b) Limitation.--The sums appropriated pursuant to 
subsection (a) may not exceed the amounts authorized to be 
appropriated by any national defense authorization Act for 
fiscal year 2008 (whether enacted before or after the date of 
the enactment of this Act) to Department of Energy National 
Nuclear Security Administration Defense Nuclear 
Nonproliferation for such purposes.

Subtitle D--Office of the United States Coordinator for the Prevention 
       of Weapons of Mass Destruction Proliferation and Terrorism

SEC. 1841.\11\ OFFICE OF THE UNITED STATES COORDINATOR FOR THE 
                    PREVENTION OF WEAPONS OF MASS DESTRUCTION 
                    PROLIFERATION AND TERRORISM.

    (a) Establishment.--There is established within the 
Executive Office of the President an office to be known as the 
``Office of the United States Coordinator for the Prevention of 
Weapons of Mass Destruction Proliferation and Terrorism'' (in 
this section referred to as the ``Office'').
---------------------------------------------------------------------------
    \11\ 50 U.S.C. 2931.
---------------------------------------------------------------------------
    (b) Officers.--
          (1) United states coordinator.--The head of the 
        Office shall be the United States Coordinator for the 
        Prevention of Weapons of Mass Destruction Proliferation 
        and Terrorism (in this section referred to as the 
        ``Coordinator'').
          (2) Deputy united states coordinator.--There shall be 
        a Deputy United States Coordinator for the Prevention 
        of Weapons of Mass Destruction Proliferation and 
        Terrorism (in this section referred to as the ``Deputy 
        Coordinator''), who shall--
                  (A) assist the Coordinator in carrying out 
                the responsibilities of the Coordinator under 
                this subtitle; and
                  (B) serve as Acting Coordinator in the 
                absence of the Coordinator and during any 
                vacancy in the office of Coordinator.
          (3) Appointment.--The Coordinator and Deputy 
        Coordinator shall be appointed by the President, by and 
        with the advice and consent of the Senate, and shall be 
        responsible on a full-time basis for the duties and 
        responsibilities described in this section.
          (4) Limitation.--No person shall serve as Coordinator 
        or Deputy Coordinator while serving in any other 
        position in the Federal Government.
          (5) Access by congress.--The establishment of the 
        Office of the Coordinator within the Executive Office 
        of the President shall not be construed as affecting 
        access by the Congress or committees of either House 
        to--
                  (A) information, documents, and studies in 
                the possession of, or conducted by or at the 
                direction of, the Coordinator; or
                  (B) personnel of the Office of the 
                Coordinator.
    (c) Duties.--The responsibilities of the Coordinator shall 
include the following:
          (1) Serving as the principal advisor to the President 
        on all matters relating to the prevention of weapons of 
        mass destruction (WMD) proliferation and terrorism.
          (2) Formulating a comprehensive and well-coordinated 
        United States strategy and policies for preventing WMD 
        proliferation and terrorism, including--
                  (A) measurable milestones and targets to 
                which departments and agencies can be held 
                accountable;
                  (B) identification of gaps, duplication, and 
                other inefficiencies in existing activities, 
                initiatives, and programs and the steps 
                necessary to overcome these obstacles;
                  (C) plans for preserving the nuclear security 
                investment the United States has made in 
                Russia, the former Soviet Union, and other 
                countries;
                  (D) prioritized plans to accelerate, 
                strengthen, and expand the scope of existing 
                initiatives and programs, which include 
                identification of vulnerable sites and material 
                and the corresponding actions necessary to 
                eliminate such vulnerabilities;
                  (E) new and innovative initiatives and 
                programs to address emerging challenges and 
                strengthen United States capabilities, 
                including programs to attract and retain top 
                scientists and engineers and strengthen the 
                capabilities of United States national 
                laboratories;
                  (F) plans to coordinate United States 
                activities, initiatives, and programs relating 
                to the prevention of WMD proliferation and 
                terrorism, including those of the Department of 
                Energy, the Department of Defense, the 
                Department of State, and the Department of 
                Homeland Security, and including the 
                Proliferation Security Initiative, the G-8 
                Global Partnership Against the Spread of 
                Weapons and Materials of Mass Destruction, 
                United Nations Security Council Resolution 
                1540, and the Global Initiative to Combat 
                Nuclear Terrorism;
                  (G) plans to strengthen United States 
                commitments to international regimes and 
                significantly improve cooperation with other 
                countries relating to the prevention of WMD 
                proliferation and terrorism, with particular 
                emphasis on work with the international 
                community to develop laws and an international 
                legal regime with universal jurisdiction to 
                enable any state in the world to interdict and 
                prosecute smugglers of WMD material, as 
                recommended by the 9/11 Commission; and
                  (H) identification of actions necessary to 
                implement the recommendations of the Commission 
                on the Prevention of Weapons of Mass 
                Destruction Proliferation and Terrorism 
                established under subtitle E of this title.
          (3) Leading inter-agency coordination of United 
        States efforts to implement the strategy and policies 
        described in this section.
          (4) Conducting oversight and evaluation of 
        accelerated and strengthened implementation of 
        initiatives and programs to prevent WMD proliferation 
        and terrorism by relevant government departments and 
        agencies.
          (5) Overseeing the development of a comprehensive and 
        coordinated budget for programs and initiatives to 
        prevent WMD proliferation and terrorism, ensuring that 
        such budget adequately reflects the priority of the 
        challenges and is effectively executed, and carrying 
        out other appropriate budgetary authorities.
    (d) Staff.--The Coordinator may--
          (1) appoint, employ, fix compensation, and terminate 
        such personnel as may be necessary to enable the 
        Coordinator to perform his or her duties under this 
        title;
          (2) direct, with the concurrence of the Secretary of 
        a department or head of an agency, the temporary 
        reassignment within the Federal Government of personnel 
        employed by such department or agency, in order to 
        implement United States policy with regard to the 
        prevention of WMD proliferation and terrorism;
          (3) use for administrative purposes, on a 
        reimbursable basis, the available services, equipment, 
        personnel, and facilities of Federal, State, and local 
        agencies;
          (4) procure the services of experts and consultants 
        in accordance with section 3109 of title 5, United 
        States Code, relating to appointments in the Federal 
        Service, at rates of compensation for individuals not 
        to exceed the daily equivalentof the rate of pay 
        payable for a position at level IV of the Executive 
        Schedule under section 5315 of title 5, United States 
        Code; and
          (5) use the mails in the same manner as any other 
        department or agency of the executive branch.
    (e) Consultation With Commission.--The Office and the 
Coordinator shall regularly consult with and strive to 
implement the recommendations of the Commission on the 
Prevention of Weapons of Mass Destruction Proliferation and 
Terrorism, established under subtitle E of this title.
    (f) Annual Report on Strategic Plan.--For fiscal year 2009 
and each fiscal year thereafter, the Coordinator shall submit 
to Congress, at the same time as the submission of the budget 
for that fiscal year under title 31, United States Code, a 
report on the strategy and policies developed pursuant to 
subsection (c)(2), together with any recommendations of the 
Coordinator for legislative changes that the Coordinator 
considers appropriate with respect to such strategy and 
policies and their implementation or the Office of the 
Coordinator.
    (g) Participation in National Security Council and Homeland 
Security Council.--Section 101 of the National Security Act of 
1947 (50 U.S.C. 402) is amended-- * * *

SEC. 1842.\12\ SENSE OF CONGRESS ON UNITED STATES-RUSSIA COOPERATION 
                    AND COORDINATION ON THE PREVENTION OF WEAPONS OF 
                    MASS DESTRUCTION PROLIFERATION AND TERRORISM.

    It is the sense of the Congress that, as soon as practical, 
the President should engage the President of the Russian 
Federation in a discussion of the purposes and goals for the 
establishment of the Office of the United States Coordinator 
for the Prevention of Weapons of Mass Destruction Proliferation 
and Terrorism (in this section referred to as the ``Office''), 
the authorities and responsibilities of the United States 
Coordinator for the Prevention of Weapons of Mass Destruction 
Proliferation and Terrorism (in this section referred to as the 
``United States Coordinator''), and the importance of strong 
cooperation between the United States Coordinator and a senior 
official of the Russian Federation having authorities and 
responsibilities for preventing weapons of mass destruction 
proliferation and terrorism commensurate with those of the 
United States Coordinator, and with whom the United States 
Coordinator should coordinate planning and implementation of 
activities within and outside of the Russian Federation having 
the purpose of preventing weapons of mass destruction 
proliferation and terrorism.
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    \12\ 50 U.S.C. 2932.
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Subtitle E--Commission on the Prevention of Weapons of Mass Destruction 
                      Proliferation and Terrorism

SEC. 1851. ESTABLISHMENT OF COMMISSION ON THE PREVENTION OF WEAPONS OF 
                    MASS DESTRUCTION PROLIFERATION AND TERRORISM.

    There is established the Commission on the Prevention of 
Weapons of Mass Destruction Proliferation and Terrorism (in 
this subtitle referred to as the ``Commission'').

SEC. 1852. PURPOSES OF COMMISSION.

    (a) In General.--The purposes of the Commission are to--
          (1) assess current activities, initiatives, and 
        programs to prevent weapons of mass destruction 
        proliferation and terrorism; and
          (2) provide a clear and comprehensive strategy and 
        concrete recommendations for such activities, 
        initiatives, and programs.
    (b) In Particular.--The Commission shall give particular 
attention to activities, initiatives, and programs to secure 
all nuclear weapons-usable material around the world and to 
significantly accelerate, expand, and strengthen, on an urgent 
basis, United States and international efforts to prevent, 
stop, and counter the spread of nuclear weapons capabilities 
and related equipment, material, and technology to terrorists 
and states of concern.

SEC. 1853. COMPOSITION OF COMMISSION.

    (a) Members.--The Commission shall be composed of 9 
members, of whom--
          (1) 1 member shall be appointed by the leader of the 
        Senate of the Democratic Party (majority or minority 
        leader, as the case may be), with the concurrence of 
        the leader of the House of Representatives of the 
        Democratic party (majority or minority leader as the 
        case may be), who shall serve as chairman of the 
        Commission;
          (2) 2 members shall be appointed by the senior member 
        of the Senate leadership of the Democratic party;
          (3) 2 members shall be appointed by the senior member 
        of the Senate leadership of the Republican party;
          (4) 2 members shall be appointed by the senior member 
        of the leadership of the House of Representatives of 
        the Democratic party; and
          (5) 2 members shall be appointed by the senior member 
        of the leadership of the House of Representatives of 
        the Republican party.
    (b) Qualifications.--It is the sense of Congress that 
individuals appointed to the Commission should be prominent 
United States citizens, with significant depth of experience in 
the nonproliferation or arms control fields.
    (c) Deadline for Appointment.--All members of the 
Commission shall be appointed within 90 days of the date of the 
enactment of this Act.
    (d) Initial Meeting.--The Commission shall meet and begin 
the operations of the Commission as soon as practicable.
    (e) Quorum; Vacancies.--After its initial meeting, the 
Commission shall meet upon the call of the chairman or a 
majority of its members. Six members of the Commission shall 
constitute a quorum. Any vacancy in the Commission shall not 
affect its powers, but shall be filled in the same manner in 
which the original appointment was made.

SEC. 1854. RESPONSIBILITIES OF COMMISSION.

    (a) In General.--The Commission shall address--
          (1) the roles, missions, and structure of all 
        relevant government departments, agencies, and other 
        actors, including the Office of the United States 
        Coordinator for the Prevention of Weapons of Mass 
        Destruction Proliferation and Terrorism established 
        under subtitle D of this title;
          (2) inter-agency coordination;
          (3) United States commitments to international 
        regimes and cooperation with other countries; and
          (4) the threat of weapons of mass destruction 
        proliferation and terrorism to the United States and 
        its interests and allies, including the threat posed by 
        black-market networks, and the effectiveness of the 
        responses by the United States and the international 
        community to such threats.
    (b) Follow-on Baker-Cutler Report.--The Commission shall 
also reassess, and where necessary update and expand on, the 
conclusions and recommendations of the report titled ``A Report 
Card on the Department of Energy's Nonproliferation Programs 
with Russia'' of January 2001 (also known as the ``Baker-Cutler 
Report'') and implementation of such recommendations.

SEC. 1855. POWERS OF COMMISSION.

    (a) Hearings and Evidence.--The Commission or, on the 
authority of the Commission, any subcommittee or member 
thereof, may, for the purpose of carrying out this subtitle, 
hold such hearings and sit and act at such times and places, 
take such testimony, receive such evidence, and administer such 
oaths as the Commission or such designated subcommittee or 
designated member may determine advisable.
    (b) Contracting.---The Commission may, to such extent and 
in such amounts as are provided in appropriations Acts, enter 
into contracts to enable the Commission to discharge its duties 
under this subtitle.
    (c) Staff of Commission.--
          (1) Appointment and compensation.--The chairman of 
        the Commission, in accordance with rules agreed upon by 
        the Commission, may appoint and fix the compensation of 
        a staff director and such other personnel as may be 
        necessary to enable the Commission to carry out its 
        functions, without regard to the provisions of title 5, 
        United States Code, governing appointments in the 
        competitive service, and without regard to the 
        provisions of chapter 51 and subchapter III of chapter 
        53 of such title relating to classification and General 
        Schedule pay rates, except that no rate of pay fixed 
        under this subsection may exceed the equivalent of that 
        payable for a position at level V of the Executive 
        Schedule under section 5316 of title 5, United States 
        Code.
          (2) Personnel as federal employees.--
                  (A) In general.--The executive director and 
                any employees of the Commission shall be 
                employees under section 2105 of title 5, United 
                States Code, for purposes of chapters 63, 81, 
                83, 84, 85, 87, 89, and 90 of that title.
                  (B) Members of commission.--Subparagraph (A) 
                shall not be construed to apply to members of 
                the Commission.
          (3) Detailees.--Any Federal Government employee may 
        be detailed to the Commission without reimbursement 
        from the Commission, and such detailee shall retain the 
        rights, status, and privileges of his or her regular 
        employment without interruption.
          (4) Consultant services.--The Commission may procure 
        the services of experts and consultants in accordance 
        with section 3109 of title 5, United States Code, but 
        at rates not to exceed the daily rate paid a person 
        occupying a position at level IV of the Executive 
        Schedule under section 5315 of title 5, United States 
        Code.
          (5) Emphasis on security clearances.--Emphasis shall 
        be made to hire employees and retain contractors and 
        detailees with active security clearances.
    (d) Information From Federal Agencies.--
          (1) In general.--The Commission is authorized to 
        secure directly from any executive department, bureau, 
        agency, board, commission, office, independent 
        establishment, or instrumentality of the Government, 
        information, suggestions, estimates, and statistics for 
        the purposes of this subtitle. Each department, bureau, 
        agency, board, commission, office, independent 
        establishment, or instrumentality shall, to the extent 
        authorized by law, furnish such information, 
        suggestions, estimates, and statistics directly to the 
        Commission, upon request made by the chairman, the 
        chairman of any subcommittee created by a majority of 
        the Commission, or any member designated by a majority 
        of the Commission.
          (2) Receipt, handling, storage, and dissemination.--
        Information shall only be received, handled, stored, 
        and disseminated by members of the Commission and its 
        staff consistent with all applicable statutes, 
        regulations, and Executive orders.
    (e) Assistance From Federal Agencies.--
          (1) General services administration.--The 
        Administrator of General Services shall provide to the 
        Commission on a reimbursable basis administrative 
        support and other services for the performance of the 
        Commission's functions.
          (2) Other departments and agencies.--In addition to 
        the assistance prescribed in paragraph (1), departments 
        and agencies of the United States may provide to the 
        Commission such services, funds, facilities, staff, and 
        other support services as they may determine advisable 
        and as may be authorized by law.
    (f) Gifts.--The Commission may accept, use, and dispose of 
gifts or donations of services or property.
    (g) Postal Services.--The Commission may use the United 
States mails in the same manner and under the same conditions 
as departments and agencies of the United States.

SEC. 1856. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    (a) In General.--The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Commission.
    (b) Public Meetings and Release of Public Versions of 
Reports.--The Commission shall--
          (1) hold public hearings and meetings to the extent 
        appropriate; and
          (2) release public versions of the report required 
        under section 1857.
    (c) Public Hearings.--Any public hearings of the Commission 
shall be conducted in a manner consistent with the protection 
of information provided to or developed for or by the 
Commission as required by any applicable statute, regulation, 
or Executive order.

SEC. 1857. REPORT.

    Not later than 180 days after the appointment of the 
Commission, the Commission shall submit to the President and 
Congress a final report containing such findings, conclusions, 
and recommendations for corrective measures as have been agreed 
to by a majority of Commission members.

SEC. 1858. TERMINATION.

    (a) In General.--The Commission, and all the authorities of 
this subtitle, shall terminate 60 days after the date on which 
the final report is submitted under section 1857.
    (b) Administrative Activities Before Termination.--The 
Commission may use the 60-day period referred to in subsection 
(a) for the purpose of concluding its activities, including 
providing testimony to committees of Congress concerning its 
report and disseminating the final report.

SEC. 1859. FUNDING.

    (a) In General.--There are authorized to be appropriated 
such sums as may be necessary for the purposes of the 
activities of the Commission under this title.
    (b) Duration of Availability.--Amounts made available to 
the Commission under subsection (a) shall remain available 
until the termination of the Commission.
        b. United States Additional Protocol Implementation Act

   Partial text of Public Law 109-401 [Title II of the Henry J. Hyde 
  United States-India Peaceful Atomic Energy Cooperation Act of 2006; 
         H.R. 5682], 120 Stat. 2741, approved December 18, 2006

AN ACT To exempt from certain requirements of the Atomic Energy Act of 
     1954 a proposed nuclear agreement for cooperation with India.

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

       TITLE II--UNITED STATES ADDITIONAL PROTOCOL IMPLEMENTATION

SEC. 201.\1\ SHORT TITLE.
---------------------------------------------------------------------------

    \1\ 22 U.S.C. 8101 note.
---------------------------------------------------------------------------
    This title may be cited as the ``United States Additional 
Protocol Implementation Act''.

SEC. 202.\2\ FINDINGS.
---------------------------------------------------------------------------

    \2\ 22 U.S.C. 8101.
---------------------------------------------------------------------------
    Congress makes the following findings:
          (1) The proliferation of nuclear weapons and other 
        nuclear explosive devices poses a grave threat to the 
        national security of the United States and its vital 
        national interests.
          (2) The Nuclear Non-Proliferation Treaty has proven 
        critical to limiting such proliferation.
          (3) For the Nuclear Non-Proliferation Treaty to be 
        effective, each of the non-nuclear-weapon State Parties 
        must conclude a comprehensive safeguards agreement with 
        the IAEA, and such agreements must be honored and 
        enforced.
          (4) Recent events emphasize the urgency of 
        strengthening the effectiveness and improving the 
        efficiency of the safeguards system. This can best be 
        accomplished by providing IAEA inspectors with more 
        information about, and broader access to, nuclear 
        activities within the territory of non-nuclear-weapon 
        State Parties.
          (5) The proposed scope of such expanded information 
        and access has been negotiated by the member states of 
        the IAEA in the form of a Model Additional Protocol to 
        its existing safeguards agreements, and universal 
        acceptance of Additional Protocols by non-nuclear 
        weapons states is essential to enhancing the 
        effectiveness of the Nuclear Non-Proliferation Treaty.
          (6) On June 12, 1998, the United States, as a 
        nuclear-weapon State Party, signed an Additional 
        Protocol that is based on the Model Additional 
        Protocol, but which also contains measures, consistent 
        with its existing safeguards agreements with its 
        members, that protect the right of the United States to 
        exclude the application of IAEA safeguards to locations 
        and activities with direct national security 
        significance or to locations or information associated 
        with such activities.
          (7) Implementation of the Additional Protocol in the 
        United States in a manner consistent with United States 
        obligations under the Nuclear Non-Proliferation Treaty 
        may encourage other parties to the Nuclear Non-
        Proliferation Treaty, especially non-nuclear-weapon 
        State Parties, to conclude Additional Protocols and 
        thereby strengthen the Nuclear Non-Proliferation Treaty 
        safeguards system and help reduce the threat of nuclear 
        proliferation, which is of direct and substantial 
        benefit to the United States.
          (8) Implementation of the Additional Protocol by the 
        United States is not required and is completely 
        voluntary given its status as a nuclear-weapon State 
        Party, but the United States has acceded to the 
        Additional Protocol to demonstrate its commitment to 
        the nuclear nonproliferation regime and to make United 
        States civil nuclear activities available to the same 
        IAEA inspections as are applied in the case of non-
        nuclear-weapon State Parties.
          (9) In accordance with the national security 
        exclusion contained in Article 1.b of its Additional 
        Protocol, the United States will not allow any 
        inspection activities, nor make any declaration of any 
        information with respect to, locations, information, 
        and activities of direct national security significance 
        to the United States.
          (10) Implementation of the Additional Protocol will 
        conform to the principles set forth in the letter of 
        April 30, 2002, from the United States Permanent 
        Representative to the International Atomic Energy 
        Agency and the Vienna Office of the United Nations to 
        the Director General of the International Atomic Energy 
        Agency.

SEC. 203.\3\ DEFINITIONS.
---------------------------------------------------------------------------

    \3\ 22 U.S.C. 8102.
---------------------------------------------------------------------------
    In this title:
          (1) Additional protocol.--The term ``Additional 
        Protocol'', when used in the singular form, means the 
        Protocol Additional to the Agreement between the United 
        States of America and the International Atomic Energy 
        Agency for the Application of Safeguards in the United 
        States of America, with Annexes, signed at Vienna June 
        12, 1998 (T. Doc. 107-7).
          (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committee on Armed Services, the Committee on Foreign 
        Relations, and the Committee on Appropriations of the 
        Senate and the Committee on Armed Services, the 
        Committee on International Relations, the Committee on 
        Science, and the Committee on Appropriations of the 
        House of Representatives.
          (3) Complementary access.--The term ``complementary 
        access'' means the exercise of the IAEA's access rights 
        as set forth in Articles 4 to 6 of the Additional 
        Protocol.
          (4) Executive agency.--The term ``executive agency'' 
        has the meaning given such term in section 105 of title 
        5, United States Code.
          (5) Facility.---The term ``facility'' has the meaning 
        set forth in Article 18i. of the Additional Protocol.
          (6) IAEA.--The term ``IAEA'' means the International 
        Atomic Energy Agency.
          (7) Judge of the united states.--The term ``judge of 
        the United States'' means a United States district 
        judge, or a United States magistrate judge appointed 
        under the authority of chapter 43 of title 28, United 
        States Code.
          (8) Location.--The term ``location'' means any 
        geographic point or area declared or identified by the 
        United States or specified by the International Atomic 
        Energy Agency.
          (9) Nuclear non-proliferation treaty.--The term 
        ``Nuclear Non-Proliferation Treaty'' means 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 (21 UST 483).
          (10) Nuclear-weapon state party and non-nuclear-
        weapon state party.--The terms ``nuclear-weapon State 
        Party'' and ``non-nuclear-weapon State Party'' have the 
        meanings given such terms in the Nuclear Non-
        Proliferation Treaty.
          (11) 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.
          (12) Site.--The term ``site'' has the meaning set 
        forth in Article 18b. of the Additional Protocol.
          (13) United states.--The term ``United States'', when 
        used as a geographic reference, 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) the territorial sea and the overlying 
                airspace;
                  (B) any civil aircraft of the United States 
                or public aircraft, as such terms are defined 
                in paragraphs (17) and (41), respectively, of 
                section 40102(a) 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 Law Enforcement Act (46 U.S.C. App. 
                1903(b)).
          (14) Wide-area environmental sampling.--The term 
        ``wide-area environmental sampling'' has the meaning 
        set forth in Article 18g. of the Additional Protocol.

SEC. 204.\4\ SEVERABILITY.
---------------------------------------------------------------------------

    \4\ 22 U.S.C. 8103.
---------------------------------------------------------------------------
    If any provision of this title, or the application of such 
provision to any person or circumstance, is held invalid, the 
remainder of this title, or the application of such provision 
to persons or circumstances other than those as to which it is 
held invalid, shall not be affected thereby.

                     Subtitle A--General Provisions

SEC. 211.\5\ AUTHORITY.
---------------------------------------------------------------------------

    \5\ 22 U.S.C. 8111.
---------------------------------------------------------------------------
    (a) \6\ In General.--The President is authorized to 
implement and carry out the provisions of this title and the 
Additional Protocol and shall designate through Executive order 
which executive agency or agencies of the United States, which 
may include but are not limited to the Department of State, the 
Department of Defense, the Department of Justice, the 
Department of Commerce, the Department of Energy, and the 
Nuclear Regulatory Commission, shall issue or amend and enforce 
regulations in order to implement this title and the provisions 
of the Additional Protocol.
---------------------------------------------------------------------------
    \6\ The President made executive agency designations of authority 
in Executive Order 13458. See ``Executive Orders Concerning 
Nonproliferation of Weapons of Mass Destruction'', this volume, for the 
full text of Executive Order 13458.
---------------------------------------------------------------------------
    (b) Included Authority.--For any executive agency 
designated under subsection (a) that does not currently possess 
the authority to conduct site vulnerability assessments and 
related activities, the authority provided in subsection (a) 
includes such authority.
    (c) Exception.--The authority described in subsection (b) 
does not supersede or otherwise modify any existing authority 
of any Federal department or agency already having such 
authority.

                    Subtitle B--Complementary Access

SEC. 221.\7\ REQUIREMENT FOR AUTHORITY TO CONDUCT COMPLEMENTARY ACCESS.
---------------------------------------------------------------------------

    \7\ 22 U.S.C. 8121.
---------------------------------------------------------------------------
    (a) Prohibition.--No complementary access to any location 
in the United States shall take place pursuant to the 
Additional Protocol without the authorization of the United 
States Government in accordance with the requirements of this 
title.
    (b) Authority.--
          (1) In general.--Complementary access to any location 
        in the United States subject to access under the 
        Additional Protocol is authorized in accordance with 
        this title.
          (2) United states representatives.--
                  (A) Restrictions.--In the event of 
                complementary access to a privately owned or 
                operated location, no employee of the 
                Environmental Protection Agency or of the Mine 
                Safety and Health Administration or the 
                Occupational Safety and Health Administration 
                of the Department of Labor may participate in 
                the access.
                  (B) Number.--The number of designated United 
                States representatives accompanying IAEA 
                inspectors shall be kept to the minimum 
                necessary.

SEC. 222.\8\ PROCEDURES FOR COMPLEMENTARY ACCESS.
---------------------------------------------------------------------------

    \8\ 22 U.S.C. 8122.
---------------------------------------------------------------------------
    (a) In General.--Each instance of complementary access to a 
location in the United States under the Additional Protocol 
shall be conducted in accordance with this subtitle.
    (b) Notice.--
          (1) In general.--Complementary access referred to in 
        subsection (a) may occur only upon the issuance of an 
        actual written notice by the United States Government 
        to the owner, operator, occupant, or agent in charge of 
        the location to be subject to complementary access.
          (2) Time of notification.--The notice under paragraph 
        (1) shall be submitted to such owner, operator, 
        occupant, or agent as soon as possible after the United 
        States Government has received notification that the 
        IAEA seeks complementary access. Notices may be posted 
        prominently at the location if the United States 
        Government is unable to provide actual written notice 
        to such owner, operator, occupant, or agent.
          (3) Content of notice.--
                  (A) In general.--The notice required by 
                paragraph (1) shall specify--
                          (i) the purpose for the complementary 
                        access;
                          (ii) the basis for the selection of 
                        the facility, site, or other location 
                        for the complementary access sought;
                          (iii) the activities that will be 
                        carried out during the complementary 
                        access;
                          (iv) the time and date that the 
                        complementary access is expected to 
                        begin, and the anticipated period 
                        covered by the complementary access; 
                        and
                          (v) the names and titles of the 
                        inspectors.
          (4) Separate notices required.--A separate notice 
        shall be provided each time that complementary access 
        is sought by the IAEA.
    (c) Credentials.--The complementary access team of the IAEA 
and representatives or designees of the United States 
Government shall display appropriate identifying credentials to 
the owner, operator, occupant, or agent in charge of the 
location before gaining entry in connection with complementary 
access.
    (d) Scope.--
          (1) In general.--Except as provided in a warrant 
        issued under section 223, and subject to the rights of 
        the United States Government under the Additional 
        Protocol to limit complementary access, complementary 
        access to a location pursuant to this title may extend 
        to all activities specifically permitted for such 
        locations under Article 6 of the Additional Protocol.
          (2) Exception.--Unless required by the Additional 
        Protocol, no inspection under this title shall extend 
        to--
                  (A) financial data (other than production 
                data);
                  (B) sales and marketing data (other than 
                shipment data);
                  (C) pricing data;
                  (D) personnel data;
                  (E) patent data;
                  (F) data maintained for compliance with 
                environmental or occupational health and safety 
                regulations; or
                  (G) research data.
    (e) Environment, Health, Safety, and Security.--In carrying 
out their activities, members of the IAEA complementary access 
team and representatives or designees of the United States 
Government shall observe applicable environmental, health, 
safety, and security regulations established at the location 
subject to complementary access, including those for protection 
of controlled environments within a facility and for personal 
safety.

SEC. 223.\9\ CONSENTS, WARRANTS, AND COMPLEMENTARY ACCESS.
---------------------------------------------------------------------------

    \9\ 22 U.S.C. 8123.
---------------------------------------------------------------------------
    (a) In General.--
          (1) Procedure.--
                  (A) Consent.--Except as provided in paragraph 
                (2), an appropriate official of the United 
                States Government shall seek or have the 
                consent of the owner, operator, occupant, or 
                agent in charge of a location prior to entering 
                that location in connection with complementary 
                access pursuant to sections 221 and 222. The 
                owner, operator, occupant, or agent in charge 
                of the location may withhold consent for any 
                reason or no reason.
                  (B) Administrative search warrant.--In the 
                absence of consent, the United States 
                Government may seek an administrative search 
                warrant from a judge of the United States under 
                subsection (b). Proceedings regarding the 
                issuance of an administrative search warrant 
                shall be conducted ex parte, unless otherwise 
                requested by the United States Government.
          (2) Expedited access.--For purposes of obtaining 
        access to a location pursuant to Article 4b.(ii) of the 
        Additional Protocol in order to satisfy United States 
        obligations under the Additional Protocol when notice 
        of two hours or less is required, the United States 
        Government may gain entry to such location in 
        connection with complementary access, to the extent 
        such access is consistent with the Fourth Amendment to 
        the United States Constitution, without obtaining 
        either a warrant or consent.
    (b) Administrative Search Warrants for Complementary 
Access.--
          (1) Obtaining administrative search warrants.--For 
        complementary access conducted in the United States 
        pursuant to the Additional Protocol, and for which the 
        acquisition of a warrant is required, 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 such judge all 
        appropriate information regarding the basis for the 
        selection of the facility, site, or other location to 
        which complementary access is sought.
          (2) Content of affidavits for administrative search 
        warrants.--A judge of the United States shall promptly 
        issue an administrative search warrant authorizing the 
        requested complementary access upon an affidavit 
        submitted by the United States Government--
                  (A) stating that the Additional Protocol is 
                in force;
                  (B) stating that the designated facility, 
                site, or other location is subject to 
                complementary access under the Additional 
                Protocol;
                  (C) stating that the purpose of the 
                complementary access is consistent with Article 
                4 of the Additional Protocol;
                  (D) stating that the requested complementary 
                access is in accordance with Article 4 of the 
                Additional Protocol;
                  (E) containing assurances that the scope of 
                the IAEA's complementary access, as well as 
                what it may collect, shall be limited to the 
                access provided for in Article 6 of the 
                Additional Protocol;
                  (F) listing the items, documents, and areas 
                to be searched and seized;
                  (G) stating the earliest commencement and the 
                anticipated duration of the complementary 
                access period, as well as the expected times of 
                day during which such complementary access will 
                take place; and
                  (H) stating that the location to which entry 
                in connection with complementary access is 
                sought was selected either--
                          (i) because there is probable cause, 
                        on the basis of specific evidence, to 
                        believe that information required to be 
                        reported regarding a location pursuant 
                        to regulations promulgated under this 
                        title is incorrect or incomplete, and 
                        that the location to be accessed 
                        contains evidence regarding that 
                        violation; or
                          (ii) pursuant to a reasonable general 
                        administrative plan based upon specific 
                        neutral criteria.
          (3) Content of warrants.--A warrant issued under 
        paragraph (2) shall specify the same matters required 
        of an affidavit under that paragraph. In addition, each 
        warrant shall contain the identities of the 
        representatives of the IAEA on the complementary access 
        team and the identities of the representatives or 
        designees of the United States Government required to 
        display identifying credentials under section 222(c).

SEC. 224.\10\ PROHIBITED ACTS RELATING TO COMPLEMENTARY ACCESS.
---------------------------------------------------------------------------

    \10\ 22 U.S.C. 8124.
---------------------------------------------------------------------------
    It shall be unlawful for any person willfully to fail or 
refuse to permit, or to disrupt, delay, or otherwise impede, a 
complementary access authorized by this subtitle or an entry in 
connection with such access.

               Subtitle C--Confidentiality of Information

SEC. 231.\11\ PROTECTION OF CONFIDENTIALITY OF INFORMATION.

    Information reported to, or otherwise acquired by, the 
United States Government under this title or under the 
Additional Protocol shall be exempt from disclosure under 
section 552 of title 5, United States Code.
---------------------------------------------------------------------------
    \11\ 22 U.S.C. 8131.
---------------------------------------------------------------------------

                        Subtitle D--Enforcement

SEC. 241.\12\ RECORDKEEPING VIOLATIONS.

    It shall be unlawful for any person willfully to fail or 
refuse--
---------------------------------------------------------------------------
    \12\ 22 U.S.C. 8141.
---------------------------------------------------------------------------
          (1) to establish or maintain any record required by 
        any regulation prescribed under this title;
          (2) to submit any report, notice, or other 
        information to the United States Government in 
        accordance with any regulation prescribed under this 
        title; or
          (3) to permit access to or copying of any record by 
        the United States Government in accordance with any 
        regulation prescribed under this title.

SEC. 242.\13\ PENALTIES.
---------------------------------------------------------------------------

    \13\ 22 U.S.C. 8142.
---------------------------------------------------------------------------
    (a) Civil.--
          (1) Penalty amounts.--Any person that is determined, 
        in accordance with paragraph (2), to have violated 
        section 224 or section 241 shall be required by order 
        to pay a civil penalty in an amount not to exceed 
        $25,000 for each violation. For the purposes of this 
        paragraph, each day during which a violation of section 
        224 continues shall constitute a separate violation of 
        that section.
          (2) Notice and hearing.--
                  (A) In general.--Before imposing a penalty 
                against a person under paragraph (1), the head 
                of an executive agency designated under section 
                211(a) shall provide the person with notice of 
                the order. If, within 15 days after receiving 
                the notice, the person requests a hearing, the 
                head of the designated executive agency shall 
                initiate a hearing on the violation.
                  (B) Conduct of hearing.--Any hearing so 
                requested shall be conducted before an 
                administrative 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 order 
                imposed by the head of the designated agency 
                shall constitute a final agency action.
                  (C) Issuance of orders.--If the 
                administrative judge determines, upon the 
                preponderance of the evidence received, that a 
                person named in the complaint has violated 
                section 224 or section 241, the administrative 
                judge shall state the findings of fact and 
                conclusions of law, and issue and serve on such 
                person an order described in paragraph (1).
                  (D) Factors for determination of penalty 
                amounts.--In determining the amount of any 
                civil penalty, the administrative judge or the 
                head of the designated agency 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 such violations, the 
                degree of culpability, the existence of an 
                internal compliance program, and such other 
                matters as justice may require.
                  (E) Content of notice.--For the purposes of 
                this paragraph, notice shall be in writing and 
                shall be verifiably served upon the person or 
                persons subject to an order described in 
                paragraph (1). In addition, the notice shall--
                          (i) set forth the time, date, and 
                        specific nature of the alleged 
                        violation or violations; and
                          (ii) specify the administrative and 
                        judicial remedies available to the 
                        person or persons subject to the order, 
                        including the availability of a hearing 
                        and subsequent appeal.
          (3) Administrative appellate review.--The decision 
        and order of an administrative judge shall be the 
        recommended decision and order and shall be referred to 
        the head of the designated executive agency for final 
        decision and order. If, within 60 days, the head of the 
        designated executive agency does not modify or vacate 
        the decision and order, it shall become a final agency 
        action under this subsection.
          (4) Judicial review.--A person adversely affected by 
        a final order 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 in the 
        Court of Appeals for the district in which the 
        violation occurred.
          (5) Enforcement of final orders.--
                  (A) In general.--If a person fails to comply 
                with a final order issued against such person 
                under this subsection and--
                          (i) the person has not filed a 
                        petition for judicial review of the 
                        order in accordance with paragraph (4), 
                        or
                          (ii) a court in an action brought 
                        under paragraph (4) has entered a final 
                        judgment in favor of the designated 
                        executive agency,
                  the head of the designated executive agency 
                shall commence a civil action to seek 
                compliance with the final order in any 
                appropriate district court of the United 
                States.
                  (B) No review.--In any such civil action, the 
                validity and appropriateness of the final order 
                shall not be subject to review.
                  (C) Interest.--Payment of penalties assessed 
                in a final order under this section shall 
                include interest at currently prevailing rates 
                calculated from the date of expiration of the 
                60-day period referred to in paragraph (3) or 
                the date of such final order, as the case may 
                be.
    (b) Criminal.--Any person who violates section 224 or 
section 241 may, 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 five years, or both.

SEC. 243.\14\ SPECIFIC ENFORCEMENT.
---------------------------------------------------------------------------

    \14\ 22 U.S.C. 8143.
---------------------------------------------------------------------------
    (a) Jurisdiction.--The district courts of the United States 
shall have jurisdiction over civil actions brought by the head 
of an executive agency designated under section 211(a)--
          (1) to restrain any conduct in violation of section 
        224 or section 241; or
          (2) to compel the taking of any action required by or 
        under this title or the Additional Protocol.
    (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 paragraph (1) of such subsection, in the 
                United States district court for the judicial 
                district in which any act, omission, or 
                transaction constituting a violation of section 
                224 or section 241 occurred or in which the 
                defendant is found or transacts business; or
                  (B) in the case of a civil action described 
                in paragraph (2) of such subsection, 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 shall be served on a defendant wherever the 
        defendant may reside or may be found.

                   Subtitle E--Environmental Sampling

SEC. 251.\15\ NOTIFICATION TO CONGRESS OF IAEA BOARD APPROVAL OF WIDE-
                    AREA ENVIRONMENTAL SAMPLING.
---------------------------------------------------------------------------

    \15\ 22 U.S.C. 8151.
---------------------------------------------------------------------------
    (a) In General.--Not later than 30 days after the date on 
which the Board of Governors of the IAEA approves wide-area 
environmental sampling for use as a safeguards verification 
tool, the President shall notify the appropriate congressional 
committees.
    (b) Content.--The notification under subsection (a) shall 
contain--
          (1) a description of the specific methods and 
        sampling techniques approved by the Board of Governors 
        that are to be employed for purposes of wide-area 
        sampling;
          (2) a statement as to whether or not such sampling 
        may be conducted in the United States under the 
        Additional Protocol; and
          (3) an assessment of the ability of the approved 
        methods and sampling techniques to detect, identify, 
        and determine the conduct, type, and nature of nuclear 
        activities.

SEC. 252.\16\ APPLICATION OF NATIONAL SECURITY EXCLUSION TO WIDE-AREA 
                    ENVIRONMENTAL SAMPLING.
---------------------------------------------------------------------------

    \16\ 22 U.S.C. 8152.
---------------------------------------------------------------------------
    In accordance with Article 1(b) of the Additional Protocol, 
the United States shall not permit any wide-area environmental 
sampling proposed by the IAEA to be conducted at a specified 
location in the United States under Article 9 of the Additional 
Protocol unless the President has determined and reported to 
the appropriate congressional committees with respect to that 
proposed use of environmental sampling that--
          (1) the proposed use of wide-area environmental 
        sampling is necessary to increase the capability of the 
        IAEA to detect undeclared nuclear activities in the 
        territory of a non-nuclear-weapon State Party;
          (2) the proposed use of wide-area environmental 
        sampling will not result in access by the IAEA to 
        locations, activities, or information of direct 
        national security significance; and
          (3) the United States--
                  (A) has been provided sufficient opportunity 
                for consultation with the IAEA if the IAEA has 
                requested complementary access involving wide-
                area environmental sampling; or
                  (B) has requested under Article 8 of the 
                Additional Protocol that the IAEA engage in 
                complementary access in the United States that 
                involves the use of wide-area environmental 
                sampling.

SEC. 254.\17\ RULE OF CONSTRUCTION.
---------------------------------------------------------------------------

    \17\ 22 U.S.C. 8154.
---------------------------------------------------------------------------
    As used in this subtitle, the term ``necessary to increase 
the capability of the IAEA to detect undeclared nuclear 
activities in the territory of a non-nuclear-weapon State 
Party'' shall not be construed to encompass proposed uses of 
environmental sampling that might assist the IAEA in detecting 
undeclared nuclear activities in the territory of a non-
nuclear-weapon State Party by--
          (1) setting a good example of cooperation in the 
        conduct of such sampling; or
          (2) facilitating the formation of a political 
        consensus or political support for such sampling in the 
        territory of a non-nuclear-weapon State Party.

 Subtitle F--Protection of National Security Information and Activities

SEC. 261.\18\ PROTECTION OF CERTAIN INFORMATION.
---------------------------------------------------------------------------

    \18\ 22 U.S.C. 8161.
---------------------------------------------------------------------------
    (a) Locations and Facilities of Direct National Security 
Significance.--No current or former Department of Defense or 
Department of Energy location, site, or facility of direct 
national security significance shall be declared or be subject 
to IAEA inspection under the Additional Protocol.
    (b) Information of Direct National Security Significance.--
No information of direct national security significance 
regarding any location, site, or facility associated with 
activities of the Department of Defense or the Department of 
Energy shall be provided under the Additional Protocol.
    (c) Restricted Data.--Nothing in this title shall be 
construed to permit the communication or disclosure to the IAEA 
or IAEA employees of restricted data controlled by the 
provisions of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et 
seq.), including in particular ``Restricted Data'' as defined 
under paragraph (1) of section 11 y. of such Act (42 U.S.C. 
2014(y)).
    (d) Classified Information.--Nothing in this Act shall be 
construed to permit the communication or disclosure to the IAEA 
or IAEA employees of national security information and other 
classified information.

SEC. 262.\19\ IAEA INSPECTIONS AND VISITS.
---------------------------------------------------------------------------

    \19\ 22 U.S.C. 8162.
---------------------------------------------------------------------------
    (a) Certain Individuals Prohibited From Obtaining Access.--
No national of a country designated by the Secretary of State 
under section 620A of the Foreign Assistance Act of 1961 (22 
U.S.C. 2371) as a government supporting acts of international 
terrorism shall be permitted access to the United States to 
carry out an inspection activity under the Additional Protocol 
or a related safeguards agreement.
    (b) Presence of United States Government Personnel.--IAEA 
inspectors shall be accompanied at all times by United States 
Government personnel when inspecting sites, locations, 
facilities, or activities in the United States under the 
Additional Protocol.
    (c) Vulnerability and Related Assessments.--The President 
shall conduct vulnerability, counterintelligence, and related 
assessments not less than every 5 years to ensure that 
information of direct national security significance remains 
protected at all sites, locations, facilities, and activities 
in the United States that are subject to IAEA inspection under 
the Additional Protocol.

                          Subtitle G--Reports

SEC. 271.\20\ REPORT ON INITIAL UNITED STATES DECLARATION.
---------------------------------------------------------------------------

    \20\ 22 U.S.C. 8171.
---------------------------------------------------------------------------
    Not later than 60 days before submitting the initial United 
States declaration to the IAEA under the Additional Protocol, 
the President shall submit to Congress a list of the sites, 
locations, facilities, and activities in the United States that 
the President intends to declare to the IAEA, and a report 
thereon.

SEC. 272.\21\ REPORT ON REVISIONS TO INITIAL UNITED STATES DECLARATION.
---------------------------------------------------------------------------

    \21\ 22 U.S.C. 8172.
---------------------------------------------------------------------------
    Not later than 60 days before submitting to the IAEA any 
revisions to the United States declaration submitted under the 
Additional Protocol, the President shall submit to Congress a 
list of any sites, locations, facilities, or activities in the 
United States that the President intends to add to or remove 
from the declaration, and a report thereon.

SEC. 273.\22\ CONTENT OF REPORTS ON UNITED STATES DECLARATIONS.
---------------------------------------------------------------------------

    \22\ 22 U.S.C. 8173.
---------------------------------------------------------------------------
    The reports required under section 271 and section 272 
shall present the reasons for each site, location, facility, 
and activity being declared or being removed from the 
declaration list and shall certify that--
          (1) each site, location, facility, and activity 
        included in the list has been examined by each agency 
        with national security equities with respect to such 
        site, location, facility, or activity; and
          (2) appropriate measures have been taken to ensure 
        that information of direct national security 
        significance will not be compromised at any such site, 
        location, facility, or activity in connection with an 
        IAEA inspection.

SEC. 274.\23\ REPORT ON EFFORTS TO PROMOTE THE IMPLEMENTATION OF 
                    ADDITIONAL PROTOCOLS.

    Not later than 180 days after the entry into force of the 
Additional Protocol, the President shall submit to the 
appropriate congressional committees a report on--
---------------------------------------------------------------------------
    \23\ 22 U.S.C. 8174.
---------------------------------------------------------------------------
          (1) measures that have been or should be taken to 
        achieve the adoption of additional protocols to 
        existing safeguards agreements signed by non-nuclear-
        weapon State Parties; and
          (2) assistance that has been or should be provided by 
        the United States to the IAEA in order to promote the 
        effective implementation of additional protocols to 
        existing safeguards agreements signed by non-nuclear-
        weapon State Parties and the verification of the 
        compliance of such parties with IAEA obligations, with 
        a plan for providing any needed additional funding.

SEC. 275.\24\ NOTICE OF IAEA NOTIFICATIONS.
---------------------------------------------------------------------------

    \24\ 22 U.S.C. 8175.
---------------------------------------------------------------------------
    The President shall notify Congress of any notifications 
issued by the IAEA to the United States under Article 10 of the 
Additional Protocol.

              Subtitle H--Authorization of Appropriations

SEC. 281.\25\ AUTHORIZATION OF APPROPRIATIONS.
---------------------------------------------------------------------------

    \25\ 22 U.S.C. 8181.
---------------------------------------------------------------------------
    There are authorized to be appropriated such sums as may be 
necessary to carry out this title.
          c. Iran Nonproliferation Amendments Act of 2005 \1\

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

    \1\ 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 from Russian 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 activities in 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) \2\ 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.
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 2797b note; 50 U.S.C. 1701 note.
               d. 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.
        e. 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 2008, 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) \3\ Reports on Training Program.--
---------------------------------------------------------------------------
    \3\ In Delegation of Authority 291, dated April 7, 2006 (71 F.R. 
20432; April 20, 2006), the Secretary of State delegated the authority 
to approve the submission of reports under this subsection to the Under 
Secretary of State for Arms Control and International Security.
---------------------------------------------------------------------------
          (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-- * * * \4\
---------------------------------------------------------------------------
    \4\ 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 2008, 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) \5\ 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--
---------------------------------------------------------------------------
    \5\ 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.\6\,\7\ 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 \8\ 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.
---------------------------------------------------------------------------
    \6\ 50 U.S.C. 2368.
    \7\ In Delegation of Authority 304 dated February 16, 2006 (73 F.R. 
25822; May 7, 2008), the Secretary of State delegated to the Under 
Secretary of State for Arms Control and International Security the 
authority to approve submission of the report to Congress required in 
sec. 1308.
    \8\ 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).\9\
---------------------------------------------------------------------------
    \9\ 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).\10\
---------------------------------------------------------------------------
    \10\ 22 U.S.C. 2656 note.
---------------------------------------------------------------------------
          (2) Conforming amendments.--Section 585 of the 
        Foreign Operations, Export Financing, and Related 
        Programs Appropriations Act, 1997,\10\ 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).
 f. 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\,\2\ 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--
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    \2\ In a memorandum to the Secretary of State dated July 18, 2006 
(71 F.R. 42747; July 28, 2006), the President assigned the functions of 
the President under sec. 1321 to the Secretary of State.
---------------------------------------------------------------------------
          (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.
        g. 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.
          h. 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) \3\ 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).
---------------------------------------------------------------------------
    \3\ In Delegation of Authority 304 dated February 16, 2006 (73 F.R. 
25822; May 7, 2008), the Secretary of State delegated to the Under 
Secretary of State for Arms Control and International Security the 
authority to approve submission of the report to Congress required in 
sec. 1343(a)(2).
---------------------------------------------------------------------------
    (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\,\4\ 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--
---------------------------------------------------------------------------
    \4\ In Delegation of Authority 304 dated February 16, 2006 (73 F.R. 
25822; May 7, 2008), the Secretary of State delegated to the Under 
Secretary of State for Arms Control and International Security the 
authority to approve submission of the report to Congress required in 
sec. 1344.
---------------------------------------------------------------------------
          (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.
   i. 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.
          j. Iran, North Korea, 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; Public Law 109-112 [Iran 
  Nonproliferation Amendments Act of 2005; S. 1713], 119 Stat. 2366, 
    approved November 22, 2005; and Public Law 109-353 [North Korea 
   Nonproliferation Act of 2006; S. 3728], 120 Stat. 2015, approved 
                            October 13, 2006

 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, North Korea, 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''. Subsequently, sec. 3(b)(1) of the North Korea 
Nonproliferation Act of 2006 (Public Law 109-353; 120 Stat. 2016) 
inserted ``, North Korea,'' after ``Iran''.
    Sec. 2 of the North Korea Nonproliferation Act of 2006 (Public Law 
109-353; 120 Stat. 2015) states as follows:
---------------------------------------------------------------------------

``sec. 2. statement of policy.
---------------------------------------------------------------------------

    ``(a) In view of--
---------------------------------------------------------------------------

  ``(1) North Korea's manifest determination to produce missiles, nuclear 
weapons, and other weapons of mass destruction and to proliferate missiles, 
in violation of international norms and expectations; and

  ``(2) United Nations Security Council Resolution 1695, adopted on July 
15, 2006, which requires all Member States, in accordance with their 
national legal authorities and consistent with international law, to 
exercise vigilance and prevent--

  ``(A) missile and missile-related items, materials, goods, and technology 
from being transferred to North Korea's missile or weapons of mass 
destruction programs; and

  ``(B) the procurement of missiles or missile-related items, materials, 
goods, and technology from North Korea, and the transfer of any financial 
resources in relation to North Korea's missile or weapons of mass 
destruction programs,

``it should be the policy of the United States to impose sanctions on 
persons who transfer such weapons, and goods and technology related to such 
weapons, to and from North Korea in the same manner as persons who transfer 
such items to and from Iran and Syria currently are sanctioned under United 
States law.''.
---------------------------------------------------------------------------

    Sec. 4 of the Act (120 Stat. 2016) states the following:
---------------------------------------------------------------------------

``sec. 4. sense of congress on international cooperation.
---------------------------------------------------------------------------

    ``Congress urges all governments to comply promptly with United 
Nations Security Council Resolution 1695 and to impose measures on 
persons involved in such proliferation that are similar to those 
imposed by the United States Government pursuant to the Iran, North 
Korea, and Syria Nonproliferation Act (Public Law 106-178; 50 U.S.C. 
1701 note), as amended by this Act.''.
---------------------------------------------------------------------------

SEC. 2.\3\ REPORTS ON PROLIFERATION RELATING TO IRAN, NORTH KOREA, 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,\5\ on or after 
January 1, 2005, transferred to or acquired from Syria \4\, or 
on or after January 1, 2006, transferred to or acquired from 
North Korea \6\--
---------------------------------------------------------------------------
    \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'' in sec. 2(a); and inserted ``or Syria, as 
the case may be,'' after ``Iran'' in sec. 2(a)(2). Sec. 3(a)(1) of 
Public Law 109-353 (120 Stat. 2015) subsequently inserted ``, north 
korea,'' after ``iran'' in the heading of sec. 2.
    \5\ Sec. 3(a)(2)(A)(i) of Public Law 109-353 (120 Stat. 2015) 
struck out ``Iran, or'' and inserted in lieu thereof ``Iran,''.
    \6\ Sec. 3(a)(2)(A)(ii) of Public Law 109-353 (120 Stat. 2016) 
inserted ``, or on or after January 1, 2006, transferred to or acquired 
from North Korea''. The direction in sec. 3(a)(2)(A)(ii) states first 
that the new language should be inserted after ``Syria'', but then in 
the same clause states this language would be inserted after ``Iran''. 
In this volume the new language appears after ``Syria'', in accordance 
with the first direction.
---------------------------------------------------------------------------
          (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, North 
        Korea,\7\ 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.
---------------------------------------------------------------------------
    \7\ Sec. 3(a)(2)(B) of Public Law 109-353 (120 Stat. 2016) inserted 
``, North Korea,'' after ``Iran''.
---------------------------------------------------------------------------
    (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) \8\ 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.
---------------------------------------------------------------------------
    \8\ 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.\9\
---------------------------------------------------------------------------
    \9\ In Public Notice 5483 dated July 31, 2006 (71 F.R. 44345; 
August 4, 2006), the Department of State's Bureau of International 
Security and Nonproliferation published a determination to apply 
measures to seven foreign persons under sec. 3, effective July 28, 
2006:
---------------------------------------------------------------------------

  Korean Mining and Industrial Development Corporation (KOMID) (North 
Korea)

  Korea Pugang Trading Corporation (North Korea)

  Center for Genetic Engineering and Biotechnology (Cuba)

  Balaji Amines (India)

  Prachi Poly Products (India)

  Rosoboronexport (Russia)

  Sukhoy (Russia)

The measures apply to any successor, sub-unit, or subsidiary of any of 
these persons. The Bureau ended the measures against Sukhoy in Public 
Notice 5632 dated November 22, 2006 (71 F.R. 69220; November 30, 2006), 
with an effective date of November 21, 2006.
---------------------------------------------------------------------------

    In Public Notice 5660 dated December 28, 2006 (72 F.R. 606; January 
5, 2007), the Bureau published a determination to apply measures to 24 
foreign persons, and any successor, sub-unit, or subsidiary of any of 
these persons, under sec. 3, effective December 28, 2006:
---------------------------------------------------------------------------

  China National Electronic Import-Export Company (CEIEC) (China)

  China National Aero-Technology Import and Export Company (CATIC) (China)

  Zibo Chemet Equipment Company (China)

  Defense Industries Organization (DIO) (Iran)

  Iran Electronics Industries (IEI) (Iran)

  Sanam Industrial Group (SIG) (Iran)

  NAB Export Company (Iran)

  Abu Hamadi (Iraq)

  Kal Al-Zuhiry (Iraq)

  Korea Mining Development Corporation (KOMID) (North Korea)

  Target Airfreight (Malaysia)

  Aerospace Logistics Services (Mexico)

  Arif Durrani (Pakistan)

  Rosoboronexport (Russia)

  Kolomna Design Bureau of Machine-Building (KBM) (Russia)

  Tula Design Bureau of Instrument Building (KBP) (Russia)

  Alexey Safonov (Russia)

  Al Zarga Optical and Electronics Co. (Sudan)

  Giad Industrial Complex (Sudan)

  Yarmouk Industrial Complex (Sudan)

  Army Supply Bureau (Syria)

  Industrial Establishment of Defense (IED) (Syria)

  Ministry of Defense (Syria)

  Scientific Studies and Research Center (SSRC) (Syria)
---------------------------------------------------------------------------

    In Public Notice 5781 dated April 17, 2007 (72 F.R. 20158; April 
23, 2007), the Bureau published a determination to apply measures to 14 
foreign persons, and any successor, sub-unit, or subsidiary of any of 
these persons, under sec. 3, effective April 17, 2007:
---------------------------------------------------------------------------

  China National Precision Machinery Import/Export Corporation (CPMIEC) 
(China)

  Shanghai Non-Ferrous Metals Pudong Development Trade Co. Ltd. (China)

  Zibo Chemet Equipment Company (China)

  Defense Industries Organization (DIO) (Iran)

  Hizballah

  Sokkia Singapore PTE Ltd. (Singapore)

  Army Supply Bureau (Syria)

  Syrian Air Force (Syria)

  Syrian Navy (Syria)

  Industrial Establishment of Defense (Syria)

  Challenger Corporation (Malaysia)

  Target Airfreight (Malaysia)

  Aerospace Logistics Services (Mexico)

  Arif Durrani (Pakistan)
---------------------------------------------------------------------------

    In Public Notice 6414 dated October 16, 2008 (73 F.R. 63226; 
October 23, 2008), the Bureau published a determination to apply 
measures to 13 foreign persons, and any successor, sub-unit, or 
subsidiary of any of these persons, under sec. 3, effective October 23, 
2008:
---------------------------------------------------------------------------

  China Xinshidai Company (China)

  China Shipbuilding and Offshore International Corporation, LTD (China)

  Huazhong CNC (China)

  Islamic Revolutionary Guard Corps (IRGC) (Iran)

  Korea Mining Development Corporation (North Korea)

  Korea Taesong Trading Company (North Korea)

  Yolin/Yullin Tech, Inc., Ltd. (South Korea)

  Rosoboronexport (ROE) (Russia)

  Sudan Master Technology (Sudan)

  Sudan Technical Center Company (STC) (Sudan)

  Army Supply Bureau (Syria)

  R and M International FZCO (United Arab Emirates)

  Venezuelan Military Industries Company (CAVIM) (Venezuela)

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, North 
        Korea,\10\ or Syria, as the case may be,\11\ 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);
---------------------------------------------------------------------------
    \10\ Sec. 3(b)(2) of Public Law 109-353 (120 Stat. 2016) inserted 
``, North Korea,'' after ``Iran'' in paras. (1) and (2) of sec. 5(a).
    \11\ 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, North 
        Korea,\10\ or Syria, as the case may be,\12\ 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 \13\;
---------------------------------------------------------------------------
    \12\ 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,''.
    \13\ 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,\14\ North Korea, and 
Syria.\15\--The determination referred to in subsection (a) is 
a determination by the President that--
---------------------------------------------------------------------------
    \14\ Sec. 401 of the Iran Freedom Support Act (P.L. 109-293; 120 
Stat. 1349) states the following regarding preventing Iranian 
proliferation:
---------------------------------------------------------------------------

``sec. 401. sense of congress.
---------------------------------------------------------------------------

    ``(a) Sense of Congress.--It should be the policy of the United 
States not to bring into force an agreement for cooperation with the 
government of any country that is assisting the nuclear program of Iran 
or transferring advanced conventional weapons or missiles to Iran 
unless the President has determined that--
---------------------------------------------------------------------------

  ``(1) Iran has suspended all enrichment-related and reprocessing-related 
activity (including uranium conversion and research and development, 
manufacturing, testing, and assembly relating to enrichment and 
reprocessing), has committed to verifiably refrain permanently from such 
activity in the future (except potentially the conversion of uranium 
exclusively for export to foreign nuclear fuel production facilities 
pursuant to internationally agreed arrangements and subject to strict 
international safeguards), and is abiding by that commitment; or

  ``(2) the government of that country--

  ``(A) has, either on its own initiative or pursuant to a binding decision 
of the United Nations Security Council, suspended all nuclear assistance to 
Iran and all transfers of advanced conventional weapons and missiles to 
Iran, pending a decision by Iran to implement measures that would permit 
the President to make the determination described in paragraph (1); and

  ``(B) is committed to maintaining that suspension until Iran has 
implemented measures that would permit the President to make such 
determination.
---------------------------------------------------------------------------

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

  ``(1) Agreement for cooperation.--The term `agreement for cooperation' 
has the meaning given that term in section 11 b. of the Atomic Energy Act 
of 1954 (42 U.S.C. 2014(b)).

  ``(2) Assisting the nuclear program of iran.--The term `assisting the 
nuclear program of Iran' means the intentional transfer to Iran by a 
government, or by a person subject to the jurisdiction of a government, 
with the knowledge and acquiescence of that government, of goods, services, 
or technology listed on 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) or 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).

  ``(3) Transferring advanced conventional weapons or missiles to iran.--
The term `transferring advanced conventional weapons or missiles to Iran' 
means the intentional transfer to Iran by a government, or by a person 
subject to the jurisdiction of a government, with the knowledge and 
acquiescence of that government, of--

  ``(A) advanced conventional weapons; or

  ``(B) goods, services, or technology listed on the Missile Technology 
Control Regime Equipment and Technology Annex of June 11, 1996, and 
subsequent revisions.''.
---------------------------------------------------------------------------

    \15\ 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''. Subsequently 
sec. 3(b)(3)(A) of Public Law 109-353 (120 Stat. 2016) inserted ``, 
North Korea,'' after ``Iran'' in the heading.
---------------------------------------------------------------------------
          (1) it is the policy of the Government of the Russian 
        Federation to oppose the proliferation to or from Iran, 
        North Korea, and Syria \16\ of weapons of mass 
        destruction and missile systems capable of delivering 
        such weapons;
---------------------------------------------------------------------------
    \16\ 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''. Subsequently sec. 3(b)(3)(B) inserted ``, North 
Korea,'' after ``Iran'' each place it appears in sec. 6(b).
---------------------------------------------------------------------------
          (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, North Korea, and 
        Syria \16\ 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, North Korea, or Syria \16\ 
        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,\17\ to any foreign person subject to measures applied 
pursuant to--
---------------------------------------------------------------------------
    \17\ 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) \18\ Report on Certain Payments Related to 
International Space Station.--
---------------------------------------------------------------------------
    \18\ 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 July 1, 2016,\19\ 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.\20\
---------------------------------------------------------------------------
    \19\ Sec. 125 of the Continuing Appropriations Resolution, 2009 
(division A of Public Law 110-329; 122 Stat. 3577) struck out ``January 
1, 2012'', and inserted in lieu thereof ``July 1, 2016''.
    \20\ 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 \21\
---------------------------------------------------------------------------
    \21\ 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''.
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                  (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.\21\
          (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.
   k. 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.
          * * * * * * *
          l. 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.
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          * * * * * * *

   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.
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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.
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          (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).
          * * * * * * *
                m. 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.
       n. 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:
---------------------------------------------------------------------------
    \2\ 22 U.S.C. 6701.
---------------------------------------------------------------------------
          (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.
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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.
---------------------------------------------------------------------------
    \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.
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                         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.
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    (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--
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    \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)''.
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                  (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:
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``sec. 1117. protection of united states companies.
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    ``(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).''.
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                  (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).
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    \13\ Sec. 305 of the Security Assistance Act of 2000 (Public Law 
106-280; 114 Stat. 854) added subsec. (c).
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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 \15\.--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.
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    \15\ As enrolled.
---------------------------------------------------------------------------
          (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) \16\ shall display appropriate identifying 
credentials to the owner, operator, occupant, or agent in 
charge of the premises before the inspection is commenced.
---------------------------------------------------------------------------
    \16\ 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)''.
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    (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.\17\ 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.
---------------------------------------------------------------------------
    \17\ 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.\18\ 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.
---------------------------------------------------------------------------
    \18\ 22 U.S.C. 6726.
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SEC. 307.\19\ 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.
---------------------------------------------------------------------------
    \19\ 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.\20\ 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 
\21\ shall submit a report in classified and unclassified form 
to the appropriate congressional committees on inspections made 
under the Convention during the preceding year.
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    \20\ 22 U.S.C. 6728.
    \21\ 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.\22\ 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.
---------------------------------------------------------------------------
    \22\ 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 \23\

SEC. 401.\24\ REPORTS REQUIRED BY THE UNITED STATES NATIONAL AUTHORITY.

    (a) Regulations on Recordkeeping.--
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    \23\ Condition 10(C) of the Senate resolution of advice and consent 
to ratification of the Chemical Weapons Convention (Treaty No. 103-21; 
April 24, 1997) requires the President to submit annual reports on 
parties' compliance under the treaty. Sec. 2(a)(3) of Executive Order 
13313 dated July 31, 2003 (68 F.R. 46076; August 5, 2003) assigned this 
requirement to the Secretary of State.
    \24\ 22 U.S.C. 6741.
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          (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--
                  (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.\25\ 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--
---------------------------------------------------------------------------
    \25\ 22 U.S.C. 6742.
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          (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.\26\ 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--
---------------------------------------------------------------------------
    \26\ 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.\27\ 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.
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    \27\ 22 U.S.C. 6744.
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    (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.\28\ RECORDKEEPING VIOLATIONS.

    It shall be unlawful for any person willfully to fail or 
refuse--
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    \28\ 22 U.S.C. 6745.
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          (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.\29\ PENALTIES.

    (a) Civil.--
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    \29\ 22 U.S.C. 6761.
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          (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.\30\ SPECIFIC ENFORCEMENT.

    (a) Jurisdiction.--The district courts of the United States 
shall have jurisdiction over civil actions to--
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    \30\ 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.\31\ 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.
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    \31\ 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.\32\ PROHIBITION.

    (a) In General.--Neither the Secretary of Defense nor any 
other officer or employee of the United States may, directly or 
by contract--
---------------------------------------------------------------------------
    \32\ 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-- * * *
       o. 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.
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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.
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    \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:
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``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.''.
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    (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.
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    \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''.
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    (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.
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    \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''.
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    (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)).
          * * * * * * *
 p. Combatting \1\ Proliferation of Weapons of Mass Destruction Act of 
                                  1996

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''.
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    \1\ As enrolled.
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    (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''.
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    \2\ 50 U.S.C. 2301 note.
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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'').
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    \3\ 50 U.S.C. 2351 note.
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    (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--
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    \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''.
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          (1) four shall be appointed by the President;
          (2) three \5\ shall be appointed by the Majority 
        Leader of the Senate;
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    \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''.
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          (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
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    \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''.
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          (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.
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    \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].
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     (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--
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    \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).
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                  (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.
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    \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''.
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    (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.
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    \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''.
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                       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--
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    \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''.
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          (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.
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    \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''.
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    (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.
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    \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''.
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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--
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    \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.
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          (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.
       q. 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''.
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    \1\ 50 U.S.C. 2301 note.
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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 45.
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          (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:
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    \3\ 50 U.S.C. 2302.
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          (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.
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          (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.
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    \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--
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  ``(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\
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    \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''.
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    (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.
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    \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''.
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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''.
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    (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\
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    \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).''.
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    (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''.
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    (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.
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    \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''.
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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\
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    \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.
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    (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.
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    (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-- * * *
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    \30\ For text of the International Emergency Economic Powers Act, 
see Legislation on Foreign Relations Through 2005, vol. III.
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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) Urging of Revison \32\ 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\ As enrolled.
---------------------------------------------------------------------------
          (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\
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    \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))''.
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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.
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    \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).''.
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    (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''.
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          (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
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    \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''.
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          (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.)''.
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          (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.
            r. 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\

          * * * * * * *
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    \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.--
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    \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. In a memorandum dated March 5, 2007 (72 F.R. 
11283; March 13, 2007), the President delegated his functions under 
sec. 821 to the Secretary of State, except the function under sec. 
821(c)(2)(A) which he delegated to the Secretary of Defense.
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          (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.
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    \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.
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    (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.
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    \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.''.
           s. 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.
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    (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''.
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    (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.
            t. 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 2008, 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 2008, 
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.
          * * * * * * *
u. Chemical and Biological Weapons Control and Warfare Elimination Act 
                                of 1991

    Partial text 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 2008, 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.
  v. 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 Responsibilities

  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); a notice of October 
25, 2005 (70 F.R. 62027; October 27, 2005); a notice of October 27, 
2006 (71 F.R. 64109; October 31, 2006); a notice of November 8, 2007 
(72 F.R. 63963; November 13, 2007); and a notice of November 10, 2008 
(73 F.R. 67097; November 12, 2008).
    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.
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    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\
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    \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); a notice of June 17, 2005 (70 F.R. 35507; June 20, 2005); a 
notice of June 19, 2006 (71 F.R. 35489; June 20, 2006); a notice of 
June 19, 2007 (72 F.R. 34159; June 20, 2007); and a notice of June 18, 
2008 (73 F.R. 35335; June 20, 2008).
    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.
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    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) \1\ any foreign person determined by the 
        Secretary of State,\2\ 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;
---------------------------------------------------------------------------
    \1\ In Public Notice 5739 dated March 28, 2007 (72 F.R. 15930; 
April 3, 2007), the Assistant Secretary of State for International 
Security and Nonproliferation designated an Iranian entity, the Defense 
Industries Organization (DIO) under para. (ii), effective March 30, 
2007. In Public Notice 6301 dated July 7, 2008 (72 F.R. 42401; July 21, 
2008), the Acting Under Secretary of State for Arms Control and 
International Security designated two Iranian persons, Rahim Safavi and 
Mohsen Fakhrizadeh, and one entity, the TAMAS Company under para. (ii), 
effective July 8, 2008.
    \2\ In Delegation of Authority 295 dated November 14, 2006 (71 F.R. 
67702; November 22, 2006), the Secretary of State delegated the 
functions conferred on the Secretary of State in Executive Order 13382 
to the Under Secretary of State for Arms Control and International 
Security.
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          (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,\3\ is further amended * * *
---------------------------------------------------------------------------
    \3\ Executive Order 12938, as amended, can be found at page 363 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.

ANNEX

Korea Mining Development Trading Corporation
Tanchon Commercial Bank
Korea Ryonbong General Corporation
Aerospace Industries Organization
Shahid Hemmat Industrial Group
Shahid Bakeri Industrial Group
Atomic Energy Organization of Iran
Scientific Studies and Research Center
(7) Implementation of the Protocol Additional to the Agreement Between 
 the United States and the International Atomic Energy Agency for the 
       Application of Safeguards in the United States of America

         Executive Order 13458, February 4, 2008, 73 F.R. 7181

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the United States Additional Protocol Implementation 
Act (the ``Act'') (Public Law 109-401) and section 301 of title 
3, United States Code, and in order to facilitate 
implementation of the Act and the Protocol Additional to the 
Agreement between the United States and the International 
Atomic Energy Agency for the Application of Safeguards in the 
United States of America (the ``Additional Protocol''), it is 
hereby ordered as follows:
    Section 1. The Secretaries of State, Defense, Commerce, and 
Energy, the Attorney General, the Nuclear Regulatory 
Commission, and heads of such other agencies as appropriate, 
each shall issue, amend, or revise, and enforce such 
regulations, orders, directives, instructions, or procedures as 
are necessary to implement the Act and United States 
obligations under the Additional Protocol.
    Sec. 2. The Secretary of Commerce, with the assistance, as 
necessary, of the Attorney General, is authorized to obtain and 
to execute warrants pursuant to section 223 of the Act for the 
purpose of gaining complementary access to locations subject to 
regulations issued by the Department of Commerce pursuant to 
section 1 of this order.
    Sec. 3. The Secretaries of State, Defense, Commerce, and 
Energy, the Attorney General, the Nuclear Regulatory 
Commission, and heads of such other departments and 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 Act and United States obligations 
under the Additional Protocol. The Secretary of State shall 
perform the function of providing notifications or information 
to the Congress when required by the Act.
    Sec. 4. This order shall be implemented consistent with 
applicable law and subject to the availability of 
appropriations.
    Sec. 5. 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, employees, or agents, or any other person.
     w. 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 
        403 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.
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                              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,''.
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          * * * * * * *

                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''.
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    (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--
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    \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.''.
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          (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.
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    (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 * * *
          * * * * * * *
               x. 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; Public Law 109-58 [Energy Policy Act 2005; 
H.R. 6], 119 Stat. 594, approved August 8, 2005; and Public Law 110-369 
[United States-India Nuclear Cooperation Approval and Nonproliferation 
 Enhancement Act; H.R. 7081], 122 Stat. 4028, approved October 8, 2008


--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------

                           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--
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    \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.''.
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    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.''.
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    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.
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          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;''.
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          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:
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    \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.
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    \9\ Sec. 2 of Public Law 87-206 (75 Stat. 476) restated subsec. b., 
adding a reference to sec. 91 c.
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    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--
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    \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.
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          (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;
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    \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
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``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\
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    \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
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``material;

  ``(2) the tailings''.
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    \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
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``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.
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    \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,''.
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    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.
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    \16\ Sec. 3 of Public Law 85-256 (71 Stat. 576) added subsec. k.
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    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.
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    \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.
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    p.\18\ The term ``licensed activity'' means an activity 
licensed pursuant to this Act and covered by the provisions of 
section 170 a.
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    \18\ Sec. 3 of Public Law 85-256 (71 Stat. 576) added subsec. p.
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    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\
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    \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''.
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    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.
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    \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''.
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    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\
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    \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.''.
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    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.
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    \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''.
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    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.
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    \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.''.
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    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).
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    \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--
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    \33\ Sec. 5(b) of Public Law 100-408 (102 Stat. 1070) added subsec. 
gg.
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          (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.
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    \34\ Sec. 11(b) of Public Law 100-408 (102 Stat. 1076) added 
subsec. hh.
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    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.
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    \35\ Sec. 11(d)(2) of Public Law 100-408 (102 Stat. 1078) added 
subsec. jj.
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                      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.
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    \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 404.
    \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''.
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          * * * * * * *
    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.
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    \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''.
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    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):
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    \42\ Sec. 301(a) of the Nuclear Non-Proliferation Act of 1978 
(Public Law 95-242; 92 Stat. 125) added subsec. d.
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          (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.
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    \43\ Sec. 303(b)(1) of Public Law 95-242 (92 Stat. 131) added 
subsec. e.
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    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\
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    \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.
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    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.
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    \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''.
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    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,''.
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    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.
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    \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.
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    \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''.
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                       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\
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    \60\ 42 U.S.C. 2094.
    \61\ Sec. 301(b) of Public Law 95-242 (92 Stat. 125) added this 
sentence.
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          * * * * * * *
    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.
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          * * * * * * *

                     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.
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    \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.''.
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    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.
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          (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.--
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    \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.
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    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\
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    \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.--
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    \71\ 42 U.S.C. 2114. Sec. 205(a) of Public Law 95-604 (92 Stat. 
3039) added sec. 84.
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    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\
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    \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.
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          (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.
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    \73\ Sec. 20 of Public Law 97-415 (96 Stat. 2079) added subsec. c.
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            Chapter 9. Military Application of Atomic Energy

    Sec. 91.\74\ Authority.--
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    \74\ 42 U.S.C. 2121.
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    a. The Commission is authorized to--
          (1) conduct experiments and do research and 
        development work in the military application of atomic 
        energy; \75\
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    \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).
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          (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.
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    \76\ Sec. 1 of Public Law 85-479 (72 Stat. 276) added subsec. c.
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          (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.--
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    \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.''.
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    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.
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    \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''.
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    b.\84\ Conduct prohibited by subsection a. is within the 
jurisdiction of the United States if--
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    \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.
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          (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]
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    \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.
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                   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.
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    \86\ 42 U.S.C. 2131.
    \87\ Sec. 11 of Public Law 84-1006 (70 Stat. 1071) added ``use,''.
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    Sec. 102.\88\ Utilization and Production Facilities for 
Industrial or Commercial Purposes.--
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    \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.''.
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    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.--
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    \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.
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    \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.''.
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    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.
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    \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''.
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    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.
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    \93\ Sec. 13 of Public Law 84-1006 (70 Stat. 1069) added the words 
``an alien or any''.
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    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.
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    \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.
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    Sec. 104.\95\ Medical Therapy and Research and 
Development.--
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    \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.
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    \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.''.
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    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.--
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    \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.
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    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.
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    \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.
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    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.
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    \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.
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    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.
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    \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); 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); No. 2008-8 concerning the Proposed Agreement 
for Cooperation Between the United States of America and the Republic 
of Turkey Concerning Peaceful Uses of Nuclear Energy (73 F.R. 6567; 
February 4, 2008); No. 2008-19 concerning the Proposaed Agreement 
Between the Government of the United States of America and the 
Government of the Russian Federation for Cooperation in the Field of 
Peaceful Uses of Nuclear Energy (73 F.R. 27719; May 14, 2008); No. 
2008-26 concerning the Proposed Agreement for Cooperation Between the 
Government of the United States of America and the Government of India 
Concerning Peaceful Uses of Nuclear Energy (73 F.R. 54287; September 
18, 2008); and No. 2009-7 concerning the Proposed Agreement for 
Cooperation Between the Government of the United States of America And 
the Government of the United Arab Emirates Concerning Peaceful Uses of 
Nuclear Energy (73 F.R. 70583; November 21, 2008).
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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.
    e.\124\ The President shall keep the Committee on Foreign 
Affairs of the House of Representatives and the Committee on 
Foreign Relations of the Senate fully and currently informed of 
any initiative or negotiations relating to a new or amended 
agreement for peaceful nuclear cooperation pursuant to this 
section (except an agreement arranged pursuant to section 91 
c., 144 b., 144 c., or 144 d., or an amendment thereto).
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    \124\ Sec. 202 of the United States-India Nuclear Cooperation 
Approval and Nonproliferation Enhancement Act (Public Law 110-369; 122 
Stat. 4033) added subsec. e.
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    Sec. 124.\125\ 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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    \125\ 42 U.S.C. 2154.
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    Sec. 125.\126\ 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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    \126\ Public Law 85-14 (71 Stat. 11) added sec. 125.
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    Sec. 126.\127\ Export Licensing Procedures.--
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    \127\ 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,\128\ 
        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,\129\ 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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    \128\ See text of procedures in Legislation on Foreign Relations 
Through 2005, vol. V, sec. L.
    \129\ 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.\130\ 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.
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    \130\ 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.
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    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.\131\ Criteria Governing United States Nuclear 
Exports.--
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    \131\ 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.\132\ Additional Export Criterion and 
Procedures.--
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    \132\ 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 \133\ 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.
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    \133\ 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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          (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.\134\ Conduct Resulting in Termination of Nuclear 
Exports.--
---------------------------------------------------------------------------
    \134\ 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.
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    a.\135\ No nuclear materials and equipment or sensitive 
nuclear technology shall be exported to--
---------------------------------------------------------------------------
    \135\ 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.''
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          (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 \136\ 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 \133\ 
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, and there is 
enacted, a joint resolution \137\ 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.
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    \136\ 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).
    \137\ Sec. 203 of Public Law 110-369 (United States-India Nuclear 
Cooperation Approval and Nonproliferation Enhancement Act; 122 Stat. 
4033) struck out ``Congress adopts a concurrent resolution'' and 
inserted in lieu thereof ``Congress adopts, and there is enacted, a 
joint resolution''.
---------------------------------------------------------------------------
    b.(1) \138\ 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).
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    \138\ 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.''.
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    (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.\139\ Congressional Review Procedures.--
---------------------------------------------------------------------------
    \139\ 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 \133\ of the House of 
Representatives,\140\ 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.\141\ 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.
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    \140\ 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,''.
    \141\ 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''.
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    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 \142\ the 
purposes of this section--
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    \142\ 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''.
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          (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) \143\ For purposes of this section insofar as it 
applies to section 123--
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    \143\ Sec. 301(c)(2)(A) of Public Law 99-64 (99 Stat. 160) added 
para. (2).
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          (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.\144\ (1) For the purposes of this subsection, the term 
``joint resolution'' means--
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    \144\ Sec. 301(c)(2)(B) of Public Law 99-64 (99 Stat. 161) added 
subsec. (i).
---------------------------------------------------------------------------
          (A) for an agreement for cooperation pursuant to 
        section 123 of this Act, 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             .',
          (B) for a determination under section 129 of this 
        Act, a joint resolution, the matter after the resolving 
        clause of which is as follows: `That the Congress does 
        not favor the determination transmitted to the Congress 
        by the President on             .', or
          (C) for a subsequent arrangement under section 201 of 
        the United States-India Nuclear Cooperation Approval 
        and Nonproliferation Enhancement Act, a joint 
        resolution, the matter after the resolving clause of 
        which is as follows: `That the Congress does not favor 
        the subsequent arrangement to the Agreement for 
        Cooperation Between the Government of the United States 
        of America and the Government of India Concerning 
        Peaceful Uses of Nuclear Energy that was transmitted to 
        Congress by the President on September 10, 2008.',
with the date \145\ of the transmission of the proposed 
agreement for cooperation inserted in the blank, and the 
affirmative or negative phrase within the parentheses 
appropriately selected.
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    \145\ Sec. 205(1) of Public Law 110-369 (United States-India 
Nuclear Cooperation Approval and Nonproliferation Enhancement Act; 122 
Stat. 4033) struck out ``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'' and 
inserted in lieu thereof ``means--'', followed by new subparas. (A), 
(B), and (C), and ending with ``with the date''.
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    (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,\146\ 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.
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    \146\ 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.
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    (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 (or in the case of a joint 
resolution related to a subsequent arrangement under section 
201 of the United States-India Nuclear Cooperation Approval and 
Nonproliferation Enhancement Act, 15 days after its 
introduction),\147\ 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 (or in the case of a joint resolution related to 
a subsequent arrangement under section 201 of the United 
States-India Nuclear Cooperation Approval and Nonproliferation 
Enhancement Act, 15-day period) \147\ 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.
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    \147\ Sec. 205(2)(A) of Public Law 110-369 (United States-India 
Nuclear Cooperation Approval and Nonproliferation Enhancement Act; 122 
Stat. 4034) inserted ``(or in the case of a joint resolution related to 
a subsequent arrangement under section 201 of the United States-India 
Nuclear Cooperation Approval and Nonproliferation Enhancement Act, 15 
days after its introduction)'' after ``45 days after its 
introduction''. Sec. 205(2)(B) of that Act inserted ``(or in the case 
of a joint resolution related to a subsequent arrangement under section 
201 of the United States-India Nuclear Cooperation Approval and 
Nonproliferation Enhancement Act, 15-day period)'' after ``45-day 
period''.
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    (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.\148\ Subsequent Arrangements.--
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    \148\ 42 U.S.C. 2160. Sec. 303(a) of the Nuclear Non-Proliferation 
Act of 1978 (92 Stat. 127) added sec. 131.
    Sec. 201 of the United States-India Nuclear Cooperation Approval 
and Nonproliferation Enhancement Act (Public Law 110-369; 122 Stat. 
4032) provides procedures for a subsequent U.S.-India agreement on 
reprocessing nuclear materials ``[n]otwithstanding section 131 of the 
Atomic Energy Act of 1954''. See p. xx, this volume.
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    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 \149\ 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 \150\ 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 \151\ 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.\152\
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    \149\ 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,''.
    \150\ 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''.
    \151\ 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''.
    \152\ 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.''.
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    (2) If in the view of the Secretary of State, Secretary of 
Energy, Secretary of Defense, or the Commission \153\ a 
proposed subsequent arrangement might significantly contribute 
to proliferation, the Secretary of State, in consultation with 
such Secretary or the Commission, shall prepare \154\ an 
unclassified Nuclear Proliferation Assessment Statement \152\ 
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--
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    \153\ 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''.
    \154\ 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''.
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          (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 \155\ 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;
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    \155\ 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.
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          (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 \156\ and the Nuclear 
Regulatory Commission for the consideration of requests for 
subsequent arrangements under this section.\157\ 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 \158\ shall so declare in his 
response to the Department of Energy. If the Secretary of State 
\158\ 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 \158\ 
request, the President waives the sixty-day requirement and 
notifies the Committee on Foreign Affairs \155\ 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.
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    \156\ 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,''.
    \157\ See text of procedures in Legislation on Foreign Relations 
Through 2005, vol. V, sec. L.
    \158\ 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.
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    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 \155\ 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 \155\ 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 \155\ and Science, Space, and Technology \159\ 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.
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    \159\ 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.
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    (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.\160\ Authority to Suspend Nuclear Cooperation 
with Nations Which Have Not Ratified the Convention on the 
Physical Security of Nuclear Material.--
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    \160\ 42 U.S.C. 2160b. Sec. 602 of Public Law 99-399 (100 Stat. 
875) added sec. 132.
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    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.\161\ Consultation with the Department of Defense 
Concerning Certain Exports and Subsequent Arrangements.--
---------------------------------------------------------------------------
    \161\ 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 \162\ of 
uranium enriched to more than 20 percent in the isotope 233 or 
the isotope 235.
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    \162\ Sec. 829 of Public Law 103-236 (108 Stat. 521) struck out 
``20 kilograms'' and inserted in lieu thereof ``5 kilograms''.
---------------------------------------------------------------------------
    Sec. 134.\163\ Further Restrictions on Exports.--
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    \163\ 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.--
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  ``(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 \164\ 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--
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    \164\ 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''.
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          (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.\165\ Medical Isotope Production.--
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    \165\ 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.
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          (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.\165\ 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.\166\ 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:
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    \166\ 42 U.S.C. 2161.
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    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.\167\ Classification and Declassification of 
Restricted Data.--
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    \167\ 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.
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    ``(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)).''.
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    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.\168\
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    \168\ 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.''.
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    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.\169\ 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.\170\ 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.
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    \169\ 42 U.S.C. 2163.
    \170\ 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.''.
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    Sec. 144.\171\ International Cooperation.--
---------------------------------------------------------------------------
    \171\ 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.
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    ``(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)).''.
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    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 \172\ reactor development;
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    \172\ 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).
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          (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.\173\ 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--
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    \173\ 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--
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  ``(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.\174\ 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--
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    \174\ 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.\175\ (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--
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    \175\ Sec. 3155(a)(2) of Public Law 103-337 (108 Stat. 3091) added 
subsec. d.
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          (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.\176\ 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.,\177\ such Restricted Data as 
is determined to be transmissible under the agreement for 
cooperation involved.
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    \176\ 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.
    \177\ Sec. 3155(c)(4) of Public Law 103-337 (108 Stat. 3092) struck 
out ``or c.'' and inserted in lieu thereof ``c., or d.''.
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    Sec. 145.\178\ Restrictions.--
---------------------------------------------------------------------------
    \178\ 42 U.S.C. 2165.
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    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.\179\ Safeguards Information.--
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    \179\ 42 U.S.C. 2167. Sec. 147 was added by sec. 207(a)(1) of 
Public Law 96-295 (94 Stat. 788).
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    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.\180\ Prohibition Against the Dissemination of 
Certain Unclassified Information.--
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    \180\ 42 U.S.C. 2168. Sec. 210(a)(1) of Public Law 97-90 (95 Stat. 
1169) added sec. 148.
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    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,\181\ 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--
---------------------------------------------------------------------------
    \181\ Sec. 17(a) of Public Law 97-415 (96 Stat. 2076) added ``, 
with respect to atomic energy defense programs,''.
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          (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.\182\ 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.
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    \182\ Sec. 17(b) of Public Law 97-415 (96 Stat. 2076) added 
subsecs. d. and e.
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    e.\182\ 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.\183\ Fingerprinting for Criminal History Record 
Checks.--
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    \183\ 42 U.S.C. 2169. Sec. 606 of Public Law 99-399 (100 Stat. 876) 
added sec. 149.
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    a.(1)(A)(i) \184\ 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).
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    \184\ 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.''.
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    (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) \185\ 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.
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    \185\ 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)''.
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    (3) \186\ 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).
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    \186\ 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) \187\ Notwithstanding any other provision of law--
---------------------------------------------------------------------------
    \187\ 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-- \188\
---------------------------------------------------------------------------
    \188\ 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) \189\ or shall be permitted 
                access to safeguards information under section 
                147;
---------------------------------------------------------------------------
    \189\ 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.\190\ 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--
---------------------------------------------------------------------------
    \190\ 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.\190\ (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] \191\

          * * * * * * *
---------------------------------------------------------------------------
    \191\ 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.\192\ Report to Congress.-- * * * [Repealed--1997]
---------------------------------------------------------------------------
    \192\ 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.\193\ Joint Committee on Atomic Energy Abolished; Functions 
                    and Responsibilities Reassigned

    Sec. 301.\194\ Joint Committee on Atomic Energy 
Abolished.--
---------------------------------------------------------------------------
    \193\ Public Law 95-110 (91 Stat. 884) added chapter 20.
    \194\ 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.\195\ Information and Assistance to Congressional 
Committees.--
---------------------------------------------------------------------------
    \195\ 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.\196\
---------------------------------------------------------------------------
    \196\ Sec. 222(2) of Public Law 104-186 (110 Stat. 1751) struck out 
``House Administration'' and inserted in lieu thereof ``House 
Oversight''.
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          * * * * * * *

             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 500.



       (2) United States-India Nuclear Cooperation Approval and 
                    Nonproliferation Enhancement Act

    Partial text of Public Law 110-369 [H.R. 7081], 122 Stat. 4028, 
                        approved October 8, 2008

AN ACT To approve the United States-India Agreement for Cooperation on 
        Peaceful Uses of Nuclear Energy, 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 AND TABLE OF CONTENTS.

    (a) \1\ Short Title.--This Act may be cited as the ``United 
States-India Nuclear Cooperation Approval and Nonproliferation 
Enhancement Act''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 8001 note.
---------------------------------------------------------------------------
    (b) Table of Contents.--The table of contents for this Act 
is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.

 TITLE I--APPROVAL OF UNITED STATES-INDIA AGREEMENT FOR COOPERATION ON 
                     PEACEFUL USES OF NUCLEAR ENERGY

Sec. 101. Approval of Agreement.
Sec. 102. Declarations of policy; certification requirement; rule of 
          construction.
Sec. 103. Additional Protocol between India and the IAEA.
Sec. 104. Implementation of Safeguards Agreement between India and the 
          IAEA.
Sec. 105. Modified reporting to Congress.

 TITLE II--STRENGTHENING UNITED STATES NONPROLIFERATION LAW RELATING TO 
                      PEACEFUL NUCLEAR COOPERATION

Sec. 201. Procedures regarding a subsequent arrangement on reprocessing.
Sec. 202. Initiatives and negotiations relating to agreements for 
          peaceful nuclear cooperation.
Sec. 203. Actions required for resumption of peaceful nuclear 
          cooperation.
Sec. 204. United States Government policy at the Nuclear Suppliers Group 
          to strengthen the international nuclear nonproliferation 
          regime.
Sec. 205. Conforming amendments.

SEC. 2.\1\ DEFINITIONS.

    In this Act:
          (1) Agreement.--The term ``United States-India 
        Agreement for Cooperation on Peaceful Uses of Nuclear 
        Energy'' or ``Agreement'' means the Agreement for 
        Cooperation Between the Government of the United States 
        of America and the Government of India Concerning 
        Peaceful Uses of Nuclear Energy that was transmitted to 
        Congress by the President on September 10, 2008.
          (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the 
        Committee on Foreign Affairs of the House of 
        Representatives and the Committee on Foreign Relations 
        of the Senate.

 TITLE I--APPROVAL OF UNITED STATES-INDIA AGREEMENT FOR COOPERATION ON 
                    PEACEFUL USES OF NUCLEAR ENERGY

SEC. 101. APPROVAL OF AGREEMENT.

    (a) \1\ In General.--Notwithstanding the provisions for 
congressional consideration and approval of a proposed 
agreement for cooperation in section 123 b. and d. of the 
Atomic Energy Act of 1954 (42 U.S.C. 2153 (b) and (d)), 
Congress hereby approves the United States-India Agreement for 
Cooperation on Peaceful Uses of Nuclear Energy, subject to 
subsection (b).
    (b) \1\ Applicability of Atomic Energy Act of 1954, Hyde 
Act, and Other Provisions of Law.--The Agreement shall be 
subject to the provisions of the Atomic Energy Act of 1954 (42 
U.S.C. 2011 et seq.), the Henry J. Hyde United States-India 
Peaceful Atomic Energy Cooperation Act of 2006 (22 U.S.C. 8001 
et. seq; Public Law 109-401), and any other applicable United 
States law as if the Agreement had been approved pursuant to 
the provisions for congressional consideration and approval of 
a proposed agreement for cooperation in section 123 b. and d. 
of the Atomic Energy Act of 1954.
    (c) Sunset of Exemption Authority Under Hyde Act.--Section 
104(f) of the Henry J. Hyde United States-India Peaceful Atomic 
Energy Cooperation Act of 2006 (22 U.S.C. 8003(f)) is amended * 
* *

SEC. 102.\1\ DECLARATIONS OF POLICY; CERTIFICATION REQUIREMENT; RULE OF 
                    CONSTRUCTION.

    (a) Declarations of Policy Relating to Meaning and Legal 
Effect of Agreement.--Congress declares that it is the 
understanding of the United States that the provisions of the 
United States-India Agreement for Cooperation on Peaceful Uses 
of Nuclear Energy have the meanings conveyed in the 
authoritative representations provided by the President and his 
representatives to the Congress and its committees prior to 
September 20, 2008, regarding the meaning and legal effect of 
the Agreement.
    (b) Declarations of Policy Relating to Transfer of Nuclear 
Equipment, Materials, and Technology to India.--Congress makes 
the following declarations of policy:
          (1) Pursuant to section 103(a)(6) of the Henry J. 
        Hyde United States-India Peaceful Atomic Energy 
        Cooperation Act of 2006 (22 U.S.C. 8002(a)(6)), in the 
        event that nuclear transfers to India are suspended or 
        terminated pursuant to title I of such Act (22 U.S.C. 
        8001 et seq.), the Atomic Energy Act of 1954 (42 U.S.C. 
        2011 et seq.), or any other United States law, it is 
        the policy of the United States to seek to prevent the 
        transfer to India of nuclear equipment, materials, or 
        technology from other participating governments in the 
        Nuclear Suppliers Group (NSG) or from any other source.
          (2) Pursuant to section 103(b)(10) of the Henry J. 
        Hyde United States-India Peaceful Atomic Energy 
        Cooperation Act of 2006 (22 U.S.C. 8002(b)(10)), any 
        nuclear power reactor fuel reserve provided to the 
        Government of India for use in safeguarded civilian 
        nuclear facilities should be commensurate with 
        reasonable reactor operating requirements.
    (c) \2\ Certification Requirement.--Before exchanging 
diplomatic notes pursuant to Article 16(1) of the Agreement, 
the President shall certify to Congress that entry into force 
and implementation of the Agreement pursuant to its terms is 
consistent with the obligation of the United States 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 known as the ``Nuclear Non-
Proliferation Treaty''), not in any way to assist, encourage, 
or induce India to manufacture or otherwise acquire nuclear 
weapons or other nuclear explosive devices.
---------------------------------------------------------------------------
    \2\ The President made a certification pursuant to this subsection 
in Presidential Determination No. 2009-6 of October 20, 2008 (73 F.R. 
63841; October 28, 2008).
---------------------------------------------------------------------------
    (d) Rule of Construction.--Nothing in the Agreement shall 
be construed to supersede the legal requirements of the Henry 
J. Hyde United States-India Peaceful Atomic Energy Cooperation 
Act of 2006 or the Atomic Energy Act of 1954.

SEC. 103.\1\ ADDITIONAL PROTOCOL BETWEEN INDIA AND THE IAEA.

    Congress urges the Government of India to sign and adhere 
to an Additional Protocol with the International Atomic Energy 
Agency (IAEA), consistent with IAEA principles, practices, and 
policies, at the earliest possible date.

SEC. 104.\1\ IMPLEMENTATION OF SAFEGUARDS AGREEMENT BETWEEN INDIA AND 
                    THE IAEA.

    Licenses may be issued by the Nuclear Regulatory Commission 
for transfers pursuant to the Agreement only after the 
President determines and certifies to Congress that--
          (1) the Agreement Between the Government of India and 
        the International Atomic Energy Agency for the 
        Application of Safeguards to Civilian Nuclear 
        Facilities, as approved by the Board of Governors of 
        the International Atomic Energy Agency on August 1, 
        2008 (the ``Safeguards Agreement''), has entered into 
        force; and
          (2) the Government of India has filed a declaration 
        of facilities pursuant to paragraph 13 of the 
        Safeguards Agreement that is not materially 
        inconsistent with the facilities and schedule described 
        in paragraph 14 of the separation plan presented in the 
        national parliament of India on May 11, 2006, taking 
        into account the later initiation of safeguards than 
        was anticipated in the separation plan.

SEC. 105. MODIFIED REPORTING TO CONGRESS.

    (a) Information on Nuclear Activities of India.--Subsection 
(g)(1) of section 104 of the Henry J. Hyde United States-India 
Peaceful Atomic Energy Cooperation Act of 2006 (22 U.S.C. 8003) 
is amended-- * * *
    (b) Implementation and Compliance Report.--Subsection 
(g)(2) of such section is amended-- * * *

TITLE II--STRENGTHENING UNITED STATES NONPROLIFERATION LAW RELATING TO 
                      PEACEFUL NUCLEAR COOPERATION

SEC. 201.\1\ PROCEDURES REGARDING A SUBSEQUENT ARRANGEMENT ON 
                    REPROCESSING.

    (a) In General.--Notwithstanding section 131 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2160), no proposed subsequent 
arrangement concerning arrangements and procedures regarding 
reprocessing or other alteration in form or content, as 
provided for in Article 6 of the Agreement, shall take effect 
until the requirements specified in subsection (b) are met.
    (b) Requirements.--The requirements referred to in 
subsection (a) are the following:
          (1) The President transmits to the appropriate 
        congressional committees a report containing--
                  (A) the reasons for entering into such 
                proposed subsequent arrangement;
                  (B) a detailed description, including the 
                text, of such proposed subsequent arrangement; 
                and
                  (C) a certification that the United States 
                will pursue efforts to ensure that any other 
                nation that permits India to reprocess or 
                otherwise alter in form or content nuclear 
                material that the nation has transferred to 
                India or nuclear material and by-product 
                material used in or produced through the use of 
                nuclear material, non-nuclear material, or 
                equipment that it has transferred to India 
                requires India to do so under similar 
                arrangements and procedures.
          (2) A period of 30 days of continuous session (as 
        defined by section 130 g.(2) of the Atomic Energy Act 
        of 1954 (42 U.S.C. 2159 (g)(2)) has elapsed after 
        transmittal of the report required under paragraph (1).
    (c) Resolution of Disapproval.--Notwithstanding the 
requirements in subsection (b) having been met, a subsequent 
arrangement referred to in subsection (a) shall not become 
effective if during the time specified in subsection (b)(2), 
Congress adopts, and there is enacted, a joint resolution 
stating in substance that Congress does not favor such 
subsequent arrangement. Any such resolution shall be considered 
pursuant to the procedures set forth in section 130 i. of the 
Atomic Energy Act of 1954 (42 U.S.C. 2159 (i)), as amended by 
section 205 of this Act.

SEC. 202. INITIATIVES AND NEGOTIATIONS RELATING TO AGREEMENTS FOR 
                    PEACEFUL NUCLEAR COOPERATION.

    Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 
2153) is amended by adding at the end the following: * * *

SEC. 203. ACTIONS REQUIRED FOR RESUMPTION OF PEACEFUL NUCLEAR 
                    COOPERATION.

    Section 129 a. of the Atomic Energy Act of 1954 (42 
U.S.C.2158 (a)) is amended * * *

SEC. 204.\1\ UNITED STATES GOVERNMENT POLICY AT THE NUCLEAR SUPPLIERS 
                    GROUP TO STRENGTHEN THE INTERNATIONAL NUCLEAR 
                    NONPROLIFERATION REGIME.

    (a) Certification.--Before exchanging diplomatic notes 
pursuant to Article 16(1) of the Agreement, the President shall 
certify to the appropriate congressional committees that it is 
the policy of the United States to work with members of the 
Nuclear Suppliers Group (NSG), individually and collectively, 
to agree to further restrict the transfers of equipment and 
technology related to the enrichment of uranium and 
reprocessing of spent nuclear fuel.
    (b) Peaceful Use Assurances for Certain By-Product 
Material.--The President shall seek to achieve, by the earliest 
possible date, either within the NSG or with relevant NSG 
Participating Governments, the adoption of principles, 
reporting, and exchanges of information as may be appropriate 
to assure peaceful use and accounting of by-product material in 
a manner that is substantially equivalent to the relevant 
provisions of the Agreement.
    (c) Report.--
          (1) In general.--Not later than six months after the 
        date of the enactment of this Act, and every six months 
        thereafter, the President shall transmit to the 
        appropriate congressional committees a report on 
        efforts by the United States pursuant to subsections 
        (a) and (b).
          (2) Termination.--The requirement to transmit the 
        report under paragraph (1) terminates on the date on 
        which the President transmits a report pursuant to such 
        paragraph stating that the objectives in subsections 
        (a) and (b) have been achieved.

SEC. 205. CONFORMING AMENDMENTS.

    Section 130 i. of the Atomic Energy Act of 1954 (42 U.S.C. 
2159 (i)) is amended-- * * *
            (3) United States and India Nuclear Cooperation

Partial text of Public Law 109-401 [Title I of the Henry J. Hyde United 
   States-India Peaceful Atomic Energy Cooperation Act of 2006; H.R. 
5682], 120 Stat. 2726, approved December 18, 2006; as amended by Public 
   Law 110-369 [United States-India Nuclear Cooperation Approval and 
Nonproliferation Enhancement Act; H.R. 7081], 122 Stat. 4028, approved 
                            October 8, 2008

AN ACT To exempt from certain requirements of the Atomic Energy Act of 
     1954 a proposed nuclear agreement for cooperation with India.

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

          TITLE I--UNITED STATES AND INDIA NUCLEAR COOPERATION

SEC. 101.\1\ SHORT TITLE.
---------------------------------------------------------------------------

    \1\ 22 U.S.C. 8001 note.
---------------------------------------------------------------------------
    This title may be cited as the ``Henry J. Hyde United 
States-India Peaceful Atomic Energy Cooperation Act of 2006''.

SEC. 102.\2\ SENSE OF CONGRESS.
---------------------------------------------------------------------------

    \2\ 22 U.S.C. 8001.
---------------------------------------------------------------------------
    It is the sense of Congress that--
          (1) preventing the proliferation of nuclear weapons, 
        other weapons of mass destruction, the means to produce 
        them, and the means to deliver them are critical 
        objectives for United States foreign policy;
          (2) sustaining the Nuclear Non-Proliferation Treaty 
        (NPT) and strengthening its implementation, 
        particularly its verification and compliance, is the 
        keystone of United States nonproliferation policy;
          (3) the NPT has been a significant success in 
        preventing the acquisition of nuclear weapons 
        capabilities and maintaining a stable international 
        security situation;
          (4) countries that have never become a party to the 
        NPT and remain outside that treaty's legal regime pose 
        a potential challenge to the achievement of the overall 
        goals of global nonproliferation, because those 
        countries have not undertaken the NPT obligation to 
        prohibit the spread of nuclear weapons capabilities;
          (5) it is in the interest of the United States to the 
        fullest extent possible to ensure that those countries 
        that are not States Party to the NPT are responsible in 
        the disposition of any nuclear technology they develop;
          (6) it is in the interest of the United States to 
        enter into an agreement for nuclear cooperation 
        arranged pursuant to section 123 of the Atomic Energy 
        Act of 1954 (42 U.S.C. 2153) with a country that has 
        never been a State Party to the NPT if--
                  (A) the country has demonstrated responsible 
                behavior with respect to the nonproliferation 
                of technology related to nuclear weapons and 
                the means to deliver them;
                  (B) the country has a functioning and 
                uninterrupted democratic system of government, 
                has a foreign policy that is congruent to that 
                of the United States, and is working with the 
                United States on key foreign policy initiatives 
                related to nonproliferation;
                  (C) such cooperation induces the country to 
                promulgate and implement substantially improved 
                protections against the proliferation of 
                technology related to nuclear weapons and the 
                means to deliver them, and to refrain from 
                actions that would further the development of 
                its nuclear weapons program; and
                  (D) such cooperation will induce the country 
                to give greater political and material support 
                to the achievement of United States global and 
                regional nonproliferation objectives, 
                especially with respect to dissuading, 
                isolating, and, if necessary, sanctioning and 
                containing states that sponsor terrorism and 
                terrorist groups that are seeking to acquire a 
                nuclear weapons capability or other weapons of 
                mass destruction capability and the means to 
                deliver such weapons;
          (7) the United States should continue its policy of 
        engagement, collaboration, and exchanges with and 
        between India and Pakistan;
          (8) strong bilateral relations with India are in the 
        national interest of the United States;
          (9) the United States and India share common 
        democratic values and the potential for increasing and 
        sustained economic engagement;
          (10) commerce in civil nuclear energy with India by 
        the United States and other countries has the potential 
        to benefit the people of all countries;
          (11) such commerce also represents a significant 
        change in United States policy regarding commerce with 
        countries that are not States Party to the NPT, which 
        remains the foundation of the international 
        nonproliferation regime;
          (12) any commerce in civil nuclear energy with India 
        by the United States and other countries must be 
        achieved in a manner that minimizes the risk of nuclear 
        proliferation or regional arms races and maximizes 
        India's adherence to international nonproliferation 
        regimes, including, in particular, the guidelines of 
        the Nuclear Suppliers Group (NSG); and
          (13) the United States should not seek to facilitate 
        or encourage the continuation of nuclear exports to 
        India by any other party if such exports are terminated 
        under United States law.

SEC. 103.\3\ STATEMENTS OF POLICY.
---------------------------------------------------------------------------

    \3\ 22 U.S.C. 8002.
---------------------------------------------------------------------------
    (a) In General.--The following shall be the policies of the 
United States:
          (1) Oppose the development of a capability to produce 
        nuclear weapons by any non-nuclear weapon state, within 
        or outside of the NPT.
          (2) Encourage States Party to the NPT to interpret 
        the right to ``develop research, production and use of 
        nuclear energy for peaceful purposes'', as set forth in 
        Article IV of the NPT, as being a right that applies 
        only to the extent that it is consistent with the 
        object and purpose of the NPT to prevent the spread of 
        nuclear weapons and nuclear weapons capabilities, 
        including by refraining from all nuclear cooperation 
        with any State Party that the International Atomic 
        Energy Agency (IAEA) determines is not in full 
        compliance with its NPT obligations, including its 
        safeguards obligations.
          (3) Act in a manner fully consistent with the 
        Guidelines for Nuclear Transfers and the Guidelines for 
        Transfers of Nuclear-Related Dual-Use Equipment, 
        Materials, Software and Related Technology developed by 
        the NSG, and decisions related to the those guidelines, 
        and the rules and practices regarding NSG 
        decisionmaking.
          (4) Strengthen the NSG guidelines and decisions 
        concerning consultation by members regarding violations 
        of supplier and recipient understandings by instituting 
        the practice of a timely and coordinated response by 
        NSG members to all such violations, including 
        termination of nuclear transfers to an involved 
        recipient, that discourages individual NSG members from 
        continuing cooperation with such recipient until such 
        time as a consensus regarding a coordinated response 
        has been achieved.
          (5) Given the special sensitivity of equipment and 
        technologies related to the enrichment of uranium, the 
        reprocessing of spent nuclear fuel, and the production 
        of heavy water, work with members of the NSG, 
        individually and collectively, to further restrict the 
        transfers of such equipment and technologies, including 
        to India.
          (6) Seek to prevent the transfer to a country of 
        nuclear equipment, materials, or technology from other 
        participating governments in the NSG or from any other 
        source if nuclear transfers to that country are 
        suspended or terminated pursuant to this title, the 
        Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), or 
        any other United States law.
    (b) With Respect to South Asia.--The following shall be the 
policies of the United States with respect to South Asia:
          (1) Achieve, at the earliest possible date, a 
        moratorium on the production of fissile material for 
        nuclear explosive purposes by India, Pakistan, and the 
        People's Republic of China.
          (2) Achieve, at the earliest possible date, the 
        conclusion and implementation of a treaty banning the 
        production of fissile material for nuclear weapons to 
        which both the United States and India become parties.
          (3) Secure India's--
                  (A) full participation in the Proliferation 
                Security Initiative;
                  (B) formal commitment to the Statement of 
                Interdiction Principles of such Initiative;
                  (C) public announcement of its decision to 
                conform its export control laws, regulations, 
                and policies with the Australia Group and with 
                the Guidelines, Procedures, Criteria, and 
                Control Lists of the Wassenaar Arrangement;
                  (D) demonstration of satisfactory progress 
                toward implementing the decision described in 
                subparagraph (C); and
                  (E) ratification of or accession to the 
                Convention on Supplementary Compensation for 
                Nuclear Damage, done at Vienna on September 12, 
                1997.
          (4) Secure India's full and active participation in 
        United States efforts to dissuade, isolate, and, if 
        necessary, sanction and contain Iran for its efforts to 
        acquire weapons of mass destruction, including a 
        nuclear weapons capability and the capability to enrich 
        uranium or reprocess nuclear fuel, and the means to 
        deliver weapons of mass destruction.
          (5) Seek to halt the increase of nuclear weapon 
        arsenals in South Asia and to promote their reduction 
        and eventual elimination.
          (6) Ensure that spent fuel generated in India's 
        civilian nuclear power reactors is not transferred to 
        the United States except pursuant to the Congressional 
        review procedures required under section 131 f. of the 
        Atomic Energy Act of 1954 (42 U.S.C. 2160 (f)).
          (7) Pending implementation of the multilateral 
        moratorium described in paragraph (1) or the treaty 
        described in paragraph (2), encourage India not to 
        increase its production of fissile material at 
        unsafeguarded nuclear facilities.
          (8) Ensure that any safeguards agreement or 
        Additional Protocol to which India is a party with the 
        IAEA can reliably safeguard any export or reexport to 
        India of any nuclear materials and equipment.
          (9) Ensure that the text and implementation of any 
        agreement for cooperation with India arranged pursuant 
        to section 123 of the Atomic Energy Act of 1954 (42 
        U.S.C. 2153) meet the requirements set forth in 
        subsections a.(1) and a.(3) througha.(9) of such 
        section.
          (10) Any nuclear power reactor fuel reserve provided 
        to the Government of India for use in safeguarded 
        civilian nuclear facilities should be commensurate with 
        reasonable reactor operating requirements.

SEC. 104.\4\ WAIVER AUTHORITY AND CONGRESSIONAL APPROVAL.
---------------------------------------------------------------------------

    \4\ 22 U.S.C. 8003.
---------------------------------------------------------------------------
    (a) In General.--If the President makes the determination 
described in subsection (b), the President may--
          (1) exempt a proposed agreement for cooperation with 
        India arranged pursuant to section 123 of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2153) from the 
        requirement of subsection a.(2) of such section;
          (2) waive the application of section 128 of the 
        Atomic Energy Act of 1954 (42 U.S.C. 2157) with respect 
        to exports to India; and
          (3) waive with respect to India the application of--
                  (A) section 129 a.(1)(D) of the Atomic Energy 
                Act of 1954 (42 U.S.C. 2158(a)(1)(D)); and
                  (B) section 129 of such Act (42 U.S.C. 2158) 
                regarding any actions that occurred before July 
                18, 2005.
    (b) Determination by the President.--The determination 
referred to in subsection (a) is a determination by the 
President that the following actions have occurred:
          (1) India has provided the United States and the IAEA 
        with a credible plan to separate civil and military 
        nuclear facilities, materials, and programs, and has 
        filed a declaration regarding its civil facilities and 
        materials with the IAEA.
          (2) India and the IAEA have concluded all legal steps 
        required prior to signature by the parties of an 
        agreement requiring the application of IAEA safeguards 
        in perpetuity in accordance with IAEA standards, 
        principles, and practices (including IAEA Board of 
        Governors Document GOV/1621 (1973)) to India's civil 
        nuclear facilities, materials, and programs as declared 
        in the plan described in paragraph (1), including 
        materials used in or produced through the use of 
        India's civil nuclear facilities.
          (3) India and the IAEA are making substantial 
        progress toward concluding an Additional Protocol 
        consistent with IAEA principles, practices, and 
        policies that would apply to India's civil nuclear 
        program.
          (4) India is working actively with the United States 
        for the early conclusion of a multilateral treaty on 
        the cessation of the production of fissile materials 
        for use in nuclear weapons or other nuclear explosive 
        devices.
          (5) India is working with and supporting United 
        States and international efforts to prevent the spread 
        of enrichment and reprocessing technology to any state 
        that does not already possess full-scale, functioning 
        enrichment or reprocessing plants.
          (6) India is taking the necessary steps to secure 
        nuclear and other sensitive materials and technology, 
        including through--
                  (A) the enactment and effective enforcement 
                of comprehensive export control legislation and 
                regulations;
                  (B) harmonization of its export control laws, 
                regulations, policies, and practices with the 
                guidelines and practices of the Missile 
                Technology Control Regime (MTCR) and the NSG; 
                and
                  (C) adherence to the MTCR and the NSG in 
                accordance with the procedures of those regimes 
                for unilateral adherence.
          (7) The NSG has decided by consensus to permit supply 
        to India of nuclear items covered by the guidelines of 
        the NSG.
    (c) Submission to Congress.--
          (1) In general.--The President shall submit to the 
        appropriate congressional committees the determination 
        made pursuant to subsection (b), together with a report 
        detailing the basis for the determination.
          (2) Information to be included.--To the fullest 
        extent available to the United States, the report 
        referred to in paragraph (1) shall include the 
        following information:
                  (A) A summary of the plan provided by India 
                to the United States and the IAEA to separate 
                India's civil and military nuclear facilities, 
                materials, and programs, and the declaration 
                made by India to the IAEA identifying India's 
                civil facilities to be placed under IAEA 
                safeguards, including an analysis of the 
                credibility of such plan and declaration, 
                together with copies of the plan and 
                declaration.
                  (B) A summary of the agreement that has been 
                entered into between India and the IAEA 
                requiring the application of safeguards in 
                accordance with IAEA practices to India's civil 
                nuclear facilities as declared in the plan 
                described in subparagraph (A), together with a 
                copy of the agreement, and a description of the 
                progress toward its full implementation.
                  (C) A summary of the progress made toward 
                conclusion and implementation of an Additional 
                Protocol between India and the IAEA, including 
                a description of the scope of such Additional 
                Protocol.
                  (D) A description of the steps that India is 
                taking to work with the United States for the 
                conclusion of a multilateral treaty banning the 
                production of fissile material for nuclear 
                weapons, including a description of the steps 
                that the United States has taken and will take 
                to encourage India to identify and declare a 
                date by which India would be willing to stop 
                production of fissile material for nuclear 
                weapons unilaterally or pursuant to a 
                multilateral moratorium or treaty.
                  (E) A description of the steps India is 
                taking to prevent the spread of nuclear-related 
                technology, including enrichment and 
                reprocessing technology or materials that can 
                be used to acquire a nuclear weapons 
                capability, as well as the support that India 
                is providing to the United States to further 
                United States objectives to restrict the spread 
                of such technology.
                  (F) A description of the steps that India is 
                taking to secure materials and technology 
                applicable for the development, acquisition, or 
                manufacture of weapons of mass destruction and 
                the means to deliver such weapons through the 
                application of comprehensive export control 
                legislation and regulations, and through 
                harmonization with and adherence to MTCR, NSG, 
                Australia Group, and Wassenaar Arrangement 
                guidelines, compliance with United Nations 
                Security Council Resolution 1540, and 
                participation in the Proliferation Security 
                Initiative.
                  (G) A description and assessment of the 
                specific measures that India has taken to fully 
                and actively participate in United States and 
                international efforts to dissuade, isolate, 
                and, if necessary, sanction and contain Iran 
                for its efforts to acquire weapons of mass 
                destruction, including a nuclear weapons 
                capability and the capability to enrich uranium 
                or reprocess nuclear fuel and the means to 
                deliver weapons of mass destruction.
                  (H) A description of the decision of the NSG 
                relating to nuclear cooperation with India, 
                including whether nuclear cooperation by the 
                United States under an agreement for 
                cooperation arranged pursuant to section 123 of 
                the Atomic Energy Act of 1954 (42 U.S.C. 2153) 
                is consistent with the decision, practices, and 
                policies of the NSG.
                  (I) A description of the scope of peaceful 
                cooperation envisioned by the United States and 
                India that will be implemented under the 
                agreement for nuclear cooperation, including 
                whether such cooperation will include the 
                provision of enrichment and reprocessing 
                technology.
                  (J) A description of the steps taken to 
                ensure that proposed United States civil 
                nuclear cooperation with India will not in any 
                way assist India's nuclear weapons program.
    (d) Restrictions on Nuclear Transfers.--
          (1) In general.--Pursuant to the obligations of the 
        United States under Article I of the NPT, nothing in 
        this title constitutes authority to carry out any civil 
        nuclear cooperation between the United States and a 
        country that is not a nuclear-weapon State Party to the 
        NPT that would in any way assist, encourage, or induce 
        that country to manufacture or otherwise acquire 
        nuclear weapons or nuclear explosive devices.
          (2) NSG transfer guidelines.--Notwithstanding the 
        entry into force of an agreement for cooperation with 
        India arranged pursuant to section 123 of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2153) and pursuant to 
        this title, no item subject to such agreement or 
        subject to the transfer guidelines of the NSG, or to 
        NSG decisions related thereto, may be transferred to 
        India if such transfer would be inconsistent with the 
        transfer guidelines of the NSG in effect on the date of 
        the transfer.
          (3) Termination of nuclear transfers to india.--
                  (A) In general.--Notwithstanding the entry 
                into force of an agreement for cooperation with 
                India arranged pursuant to section 123 of the 
                Atomic Energy Act of 1954 (42 U.S.C. 2153) and 
                pursuant to this title, and except as provided 
                under subparagraph (B), exports of nuclear and 
                nuclear-related material, equipment, or 
                technology to India shall be terminated if 
                there is any materially significant transfer by 
                an Indian person of--
                          (i) nuclear or nuclear-related 
                        material, equipment, or technology that 
                        is not consistent with NSG guidelines 
                        or decisions, or
                          (ii) ballistic missiles or missile-
                        related equipment or technology that is 
                        not consistent with MTCR guidelines, 
                        unless the President determines 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.
                  (B) Exception.--The President may choose not 
                to terminate exports of nuclear and nuclear-
                related material, equipment, and technology to 
                India under subparagraph (A) if--
                          (i) the transfer covered under such 
                        subparagraph was made without the 
                        knowledge of the Government of India;
                          (ii) at the time of the transfer, 
                        either the Government of India did not 
                        own, control, or direct the Indian 
                        person that made the transfer or the 
                        Indian person that made the transfer is 
                        a natural person who acted without the 
                        knowledge of any entity described in 
                        subparagraph (B) or (C) of section 
                        110(5); and
                          (iii) the President certifies to the 
                        appropriate congressional committees 
                        that the Government of India has taken 
                        or is taking appropriate judicial or 
                        other enforcement actions against the 
                        Indian person with respect to such 
                        transfer.
          (4) Exports, reexports, transfers, and retransfers to 
        india related to enrichment, reprocessing, and heavy 
        water production.--
                  (A) In general.--
                          (i) Nuclear regulatory commission.--
                        The Nuclear Regulatory Commission may 
                        only issue licenses for the export or 
                        reexport to India of any equipment, 
                        components, or materials related to the 
                        enrichment of uranium, the reprocessing 
                        of spent nuclear fuel, or the 
                        production of heavy water if the 
                        requirements of subparagraph (B) are 
                        met.
                          (ii) Secretary of energy.--The 
                        Secretary of Energy may only issue 
                        authorizations for the transfer or 
                        retransfer to India of any equipment, 
                        materials, or technology related to the 
                        enrichment of uranium, the reprocessing 
                        of spent nuclear fuel, or the 
                        production of heavy water (including 
                        under the terms of a subsequent 
                        arrangement under section 131 of the 
                        Atomic Energy Act of 1954 (42 U.S.C. 
                        2160)) if the requirements of 
                        subparagraph (B) are met.
                  (B) Requirements for approvals.--Exports, 
                reexports, transfers, and retransfers referred 
                to in subparagraph (A) may only be approved 
                if--
                          (i) the end user--
                                  (I) is a multinational 
                                facility participating in an 
                                IAEA-approved program to 
                                provide alternatives to 
                                national fuel cycle 
                                capabilities; or
                                  (II) is a facility 
                                participating in, and the 
                                export, reexport, transfer, or 
                                retransfer is associated with, 
                                a bilateral or multinational 
                                program to develop a 
                                proliferation-resistant fuel 
                                cycle;
                          (ii) appropriate measures are in 
                        place at any facility referred to in 
                        clause (i) to ensure that no sensitive 
                        nuclear technology, as defined in 
                        section 4(5) of the Nuclear 
                        Nonproliferation Act of 1978 (22 U.S.C. 
                        3203(5)), will be diverted to any 
                        person, site, facility, location, or 
                        program not under IAEA safeguards; and
                          (iii) the President determines that 
                        the export, reexport, transfer, or 
                        retransfer will not assist in the 
                        manufacture or acquisition of nuclear 
                        explosive devices or the production of 
                        fissile material for military purposes.
          (5) Nuclear export accountability program.--
                  (A) In general.--The President shall ensure 
                that all appropriate measures are taken to 
                maintain accountability with respect to nuclear 
                materials, equipment, and technology sold, 
                leased, exported, or reexported to India so as 
                to ensure--
                          (i) full implementation of the 
                        protections required under section 123 
                        a.(1) of the Atomic Energy Act of 1954 
                        (42 U.S.C. 2153 (a)(1)); and
                          (ii) United States compliance with 
                        Article I of the NPT.
                  (B) Measures.--The measures taken pursuant to 
                subparagraph (A) shall include the following:
                          (i) Obtaining and implementing 
                        assurances and conditions pursuant to 
                        the export licensing authorities of the 
                        Nuclear Regulatory Commission and the 
                        Department of Commerce and the 
                        authorizing authorities of the 
                        Department of Energy, including, as 
                        appropriate, conditions regarding end-
                        use monitoring.
                          (ii) A detailed system of reporting 
                        and accounting for technology 
                        transfers, including any retransfers in 
                        India, authorized by the Department of 
                        Energy pursuant to section 57 b. of the 
                        Atomic Energy Act of 1954 (42 U.S.C. 
                        2077(b)). Such system shall be capable 
                        of providing assurances that--
                                  (I) the identified recipients 
                                of the nuclear technology are 
                                authorized to receive the 
                                nuclear technology;
                                  (II) the nuclear technology 
                                identified for transfer will be 
                                used only for peaceful 
                                safeguarded nuclear activities 
                                and will not be used for any 
                                military or nuclear explosive 
                                purpose; and
                                  (III) the nuclear technology 
                                identified for transfer will 
                                not be retransferred without 
                                the prior consent of the United 
                                States, and facilities, 
                                equipment, or materials derived 
                                through the use of transferred 
                                technology will not be 
                                transferred without the prior 
                                consent of the United States.
                          (iii) In the event the IAEA is unable 
                        to implement safeguards as required by 
                        an agreement for cooperation arranged 
                        pursuant to section 123 of the Atomic 
                        Energy Act of 1954 (42 U.S.C. 2153), 
                        appropriate assurance that arrangements 
                        will be put in place expeditiously that 
                        are consistent with the requirements of 
                        section 123 a.(1) of such Act (42 
                        U.S.C. 2153(a)(1)) regarding the 
                        maintenance of safeguards as set forth 
                        in the agreement regardless of whether 
                        the agreement is terminated or 
                        suspended for any reason.
                  (C) Implementation.--The measures described 
                in subparagraph (B) shall be implemented to 
                provide reasonable assurances that the 
                recipient is complying with the relevant 
                requirements, terms, and conditions of any 
                licenses issued by the United States regarding 
                such exports, including those relating to the 
                use, retransfer, safe handling, secure transit, 
                and storage of such exports.
    (e) Joint Resolution of Approval Requirement.--Section 123 
d. of the Atomic Energy Act of 1954 (42 U.S.C. 2153(d)) is 
amended in the second proviso by inserting after ``that 
subsection'' the following: ``, or an agreement exempted 
pursuant to section 104(a)(1) of the Henry J. Hyde United 
States-India Peaceful Atomic Energy Cooperation Act of 2006,''.
    (f) Sunset.--The authority provided under subsection (a)(1) 
to exempt an agreement shall terminate upon the date of the 
enactment of the United States-India Nuclear Cooperation 
Approval and Nonproliferation Enhancement Act.\5\
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    \5\ Sec. 101(c) of the United States-India Nuclear Cooperation 
Approval and Nonproliferation Enhancement Act (Public Law 110-369; 122 
Stat. 4029) struck out ``the enactment of a joint resolution under 
section 123 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2153(d)) 
approving such an agreement'' and inserted in lieu thereof ``the date 
of the enactment of the United States-India Nuclear Cooperation 
Approval and Nonproliferation Enhancement Act''.
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    (g) Reporting to Congress.--
          (1) Information on nuclear activities of india.--The 
        President shall keep the appropriate congressional 
        committees fully and currently informed of the facts 
        and implications of any significant nuclear activities 
        of India, including--
                  (A) any material noncompliance on the part of 
                the Government of India with--
                          (i) the nonproliferation commitments 
                        undertaken in the Joint Statement of 
                        July 18, 2005, between the President of 
                        the United States and the Prime 
                        Minister of India;
                          (ii) the separation plan presented in 
                        the national parliament of India on 
                        March 7, 2006, and in greater detail on 
                        May 11, 2006;
                          (iii) a safeguards agreement between 
                        the Government of India and the IAEA;
                          (iv) an Additional Protocol between 
                        the Government of India and the IAEA;
                          (v) an agreement for cooperation 
                        between the Government of India and the 
                        United States Government arranged 
                        pursuant to section 123 of the Atomic 
                        Energy Act of 1954 (42 U.S.C. 2153) or 
                        any subsequent arrangement under 
                        section 131 of such Act (42 U.S.C. 
                        2160);
                          (vi) the terms and conditions of any 
                        approved licenses regarding the export 
                        or reexport of nuclear material or 
                        dual-use material, equipment, or 
                        technology; and
                          (vii) United States laws and 
                        regulations regarding such licenses;
                  (B) \6\ any material inconsistencies between 
                the content or timeliness of notifications by 
                the Government of India pursuant to paragraph 
                14(a) of the Safeguards Agreement and the 
                facilities and schedule described in paragraph 
                (14) of the separation plan presented in the 
                national parliament of India on May 11, 2006, 
                taking into account the later initiation of 
                safeguards than was anticipated in the 
                separation plan;
---------------------------------------------------------------------------
    \6\ Sec. 105(a) of the United States-India Nuclear Cooperation 
Approval and Nonproliferation Enhancement Act (Public Law 110-369; 122 
Stat. 4030) added a new subpara. (B), and redesignated former subparas. 
(B), (C), and (D) as subparas. (C), (D), and (E), respectively.
---------------------------------------------------------------------------
                  (C) \6\ the construction of a nuclear 
                facility in India after the date of the 
                enactment of this title;
                  (D) \6\ significant changes in the production 
                by India of nuclear weapons or in the types or 
                amounts of fissile material produced; and
                  (E) \6\ changes in the purpose or operational 
                status of any unsafeguarded nuclear fuel cycle 
                activities in India.
          (2) Implementation and compliance report.--Not later 
        than 180 days after the date on which an agreement for 
        cooperation with India arranged pursuant to section 123 
        of the Atomic Energy Act of 1954 (42 U.S.C. 2153) 
        enters into force, and annually thereafter, the 
        President shall submit to the appropriate congressional 
        committees a report including--
                  (A) a description of any additional nuclear 
                facilities and nuclear materials that the 
                Government of India has placed or intends to 
                place under IAEA safeguards;
                  (B) a comprehensive listing of--
                          (i) all licenses that have been 
                        approved by the Nuclear Regulatory 
                        Commission and the Secretary of Energy 
                        for exports and reexports to India 
                        under parts 110 and 810 of title 10, 
                        Code of Federal Regulations;
                          (ii) any licenses approved by the 
                        Department of Commerce for the export 
                        or reexport to India of commodities, 
                        related technology, and software which 
                        are controlled for nuclear 
                        nonproliferation reasons on the Nuclear 
                        Referral List of the Commerce Control 
                        List maintained under part 774 of title 
                        15, Code of Federal Regulation, or any 
                        successor regulation;
                          (iii) any other United States 
                        authorizations for the export or 
                        reexport to India of nuclear materials 
                        and equipment; and
                          (iv) with respect to each such 
                        license or other form of authorization 
                        described in clauses (i), (ii), and 
                        (iii)--
                                  (I) the number or other 
                                identifying information of each 
                                license or authorization;
                                  (II) the name or names of the 
                                authorized end user or end 
                                users;
                                  (III) the name of the site, 
                                facility, or location in India 
                                to which the export or reexport 
                                was made;
                                  (IV) the terms and conditions 
                                included on such licenses and 
                                authorizations;
                                  (V) any post-shipment 
                                verification procedures that 
                                will be applied to such exports 
                                or reexports; and
                                  (VI) the term of validity of 
                                each such license or 
                                authorization;
                  (C) a description of any significant nuclear 
                commerce between India and other countries, 
                including any such trade that--
                          (i) is not consistent with applicable 
                        guidelines or decisions of the NSG; or
                          (ii) would not meet the standards 
                        applied to exports or reexports of such 
                        material, equipment, or technology of 
                        United States origin;
                  (D) either--
                          (i) an assessment that India is in 
                        full compliance with the commitments 
                        and obligations contained in the 
                        agreements and other documents 
                        referenced in clauses (i) through (vi) 
                        of paragraph (1)(A); or
                          (ii) an identification and analysis 
                        of all compliance issues arising with 
                        regard to the adherence by India to its 
                        commitments and obligations, 
                        including--
                                  (I) the measures the United 
                                States Government has taken to 
                                remedy or otherwise respond to 
                                such compliance issues;
                                  (II) the responses of the 
                                Government of India to such 
                                measures;
                                  (III) the measures the United 
                                States Government plans to take 
                                to this end in the coming year; 
                                and
                                  (IV) an assessment of the 
                                implications of any continued 
                                noncompliance, including 
                                whether nuclear commerce with 
                                India remains in the national 
                                security interest of the United 
                                States;
                  (E)(i) an assessment of whether India is 
                fully and actively participating in United 
                States and international efforts to dissuade, 
                isolate, and, if necessary, sanction and 
                contain Iran for its efforts to acquire weapons 
                of mass destruction, including a nuclear 
                weapons capability (including the capability to 
                enrich uranium or reprocess nuclear fuel), and 
                the means to deliver weapons of mass 
                destruction, including a description of the 
                specific measures that India has taken in this 
                regard; and
                  (ii) if India is not assessed to be fully and 
                actively participating in such efforts, a 
                description of--
                          (I) the measures the United States 
                        Government has taken to secure India's 
                        full and active participation in such 
                        efforts;
                          (II) the responses of the Government 
                        of India to such measures; and
                          (III) the measures the United States 
                        Government plans to take in the coming 
                        year to secure India's full and active 
                        participation;
                  (F) an analysis of whether United States 
                civil nuclear cooperation with India is in any 
                way assisting India's nuclear weapons program, 
                including through--
                          (i) the use of any United States 
                        equipment, technology, or nuclear 
                        material by India in an unsafeguarded 
                        nuclear facility or nuclear-weapons 
                        related complex;
                          (ii) the replication and subsequent 
                        use of any United States technology by 
                        India in an unsafeguarded nuclear 
                        facility or unsafeguarded nuclear 
                        weapons-related complex, or for any 
                        activity related to the research, 
                        development, testing, or manufacture of 
                        nuclear explosive devices; and
                          (iii) the provision of nuclear fuel 
                        in such a manner as to facilitate the 
                        increased production by India of highly 
                        enriched uranium or plutonium in 
                        unsafeguarded nuclear facilities;
                  (G) a detailed description of--
                          (i) United States efforts to promote 
                        national or regional progress by India 
                        and Pakistan in disclosing, securing, 
                        limiting, and reducing their fissile 
                        material stockpiles, including 
                        stockpiles for military purposes, 
                        pending creation of a worldwide fissile 
                        material cutoff regime, including the 
                        institution of a Fissile Material Cut-
                        off Treaty;
                          (ii) the responses of India and 
                        Pakistan to such efforts; and
                          (iii) assistance that the United 
                        States is providing, or would be able 
                        to provide, to India and Pakistan to 
                        promote the objectives in clause (i), 
                        consistent with its obligations under 
                        international law and existing 
                        agreements;
                  (H) an estimate of--
                          (i) the amount of uranium mined and 
                        milled in India during the previous 
                        year;
                          (ii) the amount of such uranium that 
                        has likely been used or allocated for 
                        the production of nuclear explosive 
                        devices; and
                          (iii) the rate of production in India 
                        of--
                                  (I) fissile material for 
                                nuclear explosive devices; and
                                  (II) nuclear explosive 
                                devices;
                  (I) an estimate of the amount of electricity 
                India's nuclear reactors produced for civil 
                purposes during the previous year and the 
                proportion of such production that can be 
                attributed to India's declared civil reactors;
                  (J) an analysis as to whether imported 
                uranium has affected the rate of production in 
                India of nuclear explosive devices;
                  (K) a detailed description of efforts and 
                progress made toward the achievement of 
                India's--
                          (i) full participation in the 
                        Proliferation Security Initiative;
                          (ii) formal commitment to the 
                        Statement of Interdiction Principles of 
                        such Initiative;
                          (iii) public announcement of its 
                        decision to conform its export control 
                        laws, regulations, and policies with 
                        the Australia Group and with the 
                        Guidelines, Procedures, Criteria, and 
                        Controls List of the Wassenaar 
                        Arrangement; and
                          (iv) effective implementation of the 
                        decision described in clause (iii); \7\
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    \7\ Sec. 105(b) of the United States-India Nuclear Cooperation 
Approval and Nonproliferation Enhancement Act (Public Law 110-369; 122 
Stat. 4031) struck out ``and'' at the end of subpara. (K)(iv), struck 
out the period and inserted in lieu thereof ``; and'' at the end of 
subpara. (L), and added a new subpara. (M).
---------------------------------------------------------------------------
                  (L) the disposal during the previous year of 
                spent nuclear fuel from India's civilian 
                nuclear program, and any plans or activities 
                relating to future disposal of such spent 
                nuclear fuel; and \7\
                  (M) \7\ with respect to the United States-
                India Agreement for Cooperation on Peaceful 
                Uses of Nuclear Energy (hereinafter in this 
                subparagraph referred to as the `Agreement') 
                approved under section 101(a) of the United 
                States-India Nuclear Cooperation Approval and 
                Nonproliferation Enhancement Act--
                          (i) a listing of--
                                  (I) all provision of 
                                sensitive nuclear technology to 
                                India, and other such 
                                information as may be so 
                                designated by the United States 
                                or India under Article 1(Q); 
                                and
                                  (II) all facilities in India 
                                notified pursuant to Article 
                                7(1) of the Agreement;
                          (ii) a description of--
                                  (I) any agreed safeguards or 
                                any other form of verification 
                                for by-product material decided 
                                by mutual agreement pursuant to 
                                the terms of Article 1(A) of 
                                the Agreement;
                                  (II) research and development 
                                undertaken in such areas as may 
                                be agreed between the United 
                                States and India as detailed in 
                                Article 2(2)(a.) of the 
                                Agreement;
                                  (III) the civil nuclear 
                                cooperation activities 
                                undertaken under Article 
                                2(2)(d.) of the Agreement;
                                  (IV) any United States 
                                efforts to help India develop a 
                                strategic reserve of nuclear 
                                fuel as called for in Article 
                                2(2)(e.) of the Agreement;
                                  (V) any United States efforts 
                                to fulfill political 
                                commitments made in Article 
                                5(6) of the Agreement;
                                  (VI) any negotiations that 
                                have occurred or are ongoing 
                                under Article 6(iii.) of the 
                                Agreement; and
                                  (VII) any transfers beyond 
                                the territorial jurisdiction of 
                                India pursuant to Article 7(2) 
                                of the Agreement, including a 
                                listing of the receiving 
                                country of each such transfer;
                          (iii) an analysis of--
                                  (I) any instances in which 
                                the United States or India 
                                requested consultations arising 
                                from concerns over compliance 
                                with the provisions of Article 
                                7(1) of the Agreement, and the 
                                results of such consultations; 
                                and
                                  (II) any matters not 
                                otherwise identified in this 
                                report that have become the 
                                subject of consultations 
                                pursuant to Article 13(2) of 
                                the Agreement, and a statement 
                                as to whether such matters were 
                                resolved by the end of the 
                                reporting period; and
                          (iv) a statement as to whether--
                                  (I) any consultations are 
                                expected to occur under Article 
                                16(5) of the Agreement; and
                                  (II) any enrichment is being 
                                carried out pursuant to Article 
                                6 of the Agreement.
          (3) Submittal with other annual reports.--
                  (A) Report on proliferation prevention.--Each 
                annual report submitted under paragraph (2) 
                after the initial report may be submitted 
                together with the annual report on 
                proliferation prevention required under section 
                601(a) of the Nuclear Non-Proliferation Act of 
                1978 (22 U.S.C. 3281(a)).
                  (B) Report on progress toward regional 
                nonproliferation.--The information required to 
                be submitted under paragraph (2)(F) after the 
                initial report may be submitted together with 
                the annual report on progress toward regional 
                nonproliferation required under section 620F(c) 
                of the Foreign Assistance Act of 1961 (22 
                U.S.C. 2376(c)).
          (4) Form.--Each report submitted under this 
        subsection shall be submitted in unclassified form, but 
        may contain a classified annex.

SEC. 105.\8\ UNITED STATES COMPLIANCE WITH ITS NUCLEAR NONPROLIFERATION 
                    TREATY OBLIGATIONS.
---------------------------------------------------------------------------

    \8\ 22 U.S.C. 8004.
---------------------------------------------------------------------------
    Nothing in this title constitutes authority for any action 
in violation of an obligation of the United States under the 
NPT.

SEC. 106.\9\ INOPERABILITY OF DETERMINATION AND WAIVERS.
---------------------------------------------------------------------------

    \9\ 22 U.S.C. 8005.
---------------------------------------------------------------------------
    A determination and any waiver under section 104 shall 
cease to be effective if the President determines that India 
has detonated a nuclear explosive device after the date of the 
enactment of this title.

SEC. 107.\10\ MTCR ADHERENT STATUS.
---------------------------------------------------------------------------

    \10\ 22 U.S.C. 8006.
---------------------------------------------------------------------------
    Congress finds that India is not an MTCR adherent for the 
purposes of section 73 of the Arms Export Control Act (22 
U.S.C. 2797b).

SEC. 108. TECHNICAL AMENDMENT.

    Section 1112(c)(4) of the Arms Control and Nonproliferation 
Act of 1999 (title XI of 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 and contained in appendix G of that Act; 113 Stat. 
1501A-486)) is amended-- * * *

SEC. 109.\11\ UNITED STATES-INDIA SCIENTIFIC COOPERATIVE NUCLEAR 
                    NONPROLIFERATION PROGRAM.
---------------------------------------------------------------------------

    \11\ 22 U.S.C. 8007.
---------------------------------------------------------------------------
    (a) Establishment.--The Secretary of Energy, acting through 
the Administrator of the National Nuclear Security 
Administration, is authorized to establish a cooperative 
nuclear nonproliferation program to pursue jointly with 
scientists from the United States and India a program to 
further common nuclear nonproliferation goals, including 
scientific research and development efforts, with an emphasis 
on nuclear safeguards (in this section referred to as ``the 
program'').
    (b) Consultation.--The program shall be carried out in 
consultation with the Secretary of State and the Secretary of 
Defense.
    (c) National Academies Recommendations.--
          (1) In general.--The Secretary of Energy shall enter 
        into an agreement with the National Academies to 
        develop recommendations for the implementation of the 
        program.
          (2) Recommendations.--The agreement entered into 
        under paragraph (1) shall provide for the preparation 
        by qualified individuals with relevant expertise and 
        knowledge and the communication to the Secretary of 
        Energy each fiscal yearof--
                  (A) recommendations for research and related 
                programs designed to overcome existing 
                technological barriers to nuclear 
                nonproliferation; and
                  (B) an assessment of whether activities and 
                programs funded under this section are 
                achieving the goals of the activities and 
                programs.
          (3) Public availability.--The recommendations and 
        assessments prepared under this subsection shall be 
        made publicly available.
    (d) Consistency With Nuclear Non-Proliferation Treaty.--All 
United States activities related to the program shall be 
consistent with United States obligations under the Nuclear 
Non-Proliferation Treaty.
    (e) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as may be necessary to carry out 
this section for each of fiscal years 2007 through 2011.

SEC. 110.\12\ DEFINITIONS.
---------------------------------------------------------------------------

    \12\ 22 U.S.C. 8008.
---------------------------------------------------------------------------
    In this title:
          (1) The term ``Additional Protocol'' means a protocol 
        additional to a safeguards agreement with the IAEA, as 
        negotiated between a country and the IAEA based on a 
        Model Additional Protocol as set forth in IAEA 
        information circular (INFCIRC) 540.
          (2) The term ``appropriate congressional committees'' 
        means the Committee on Foreign Relations of the Senate 
        and the Committee on International Relations of the 
        House of Representatives.
          (3) The term ``dual-use material, equipment, or 
        technology'' means material, equipment, or technology 
        that may be used in nuclear or nonnuclear applications.
          (4) The term ``IAEA safeguards'' has the meaning 
        given the term in section 830(3) of the Nuclear 
        Proliferation Prevention Act of 1994 (22 U.S.C. 
        6305(3)).
          (5) The term ``Indian person'' means--
                  (A) a natural person that is a citizen of 
                India or is subject to the jurisdiction of the 
                Government of India;
                  (B) a corporation, business association, 
                partnership, society, trust, or any other 
                nongovernmental entity, organization, or group, 
                that is organized under the laws of India or 
                has its principal place of business in India; 
                and
                  (C) any Indian governmental entity, including 
                any governmental entity operating as a business 
                enterprise.
          (6) The terms ``Missile Technology Control Regime'', 
        ``MTCR'', and ``MTCR adherent'' have the meanings given 
        the terms in section 74 of the Arms Export Control Act 
        (22 U.S.C. 2797c).
          (7) The term ``nuclear materials and equipment'' 
        means source material, special nuclear material, 
        production and utilization facilities and any 
        components thereof, and any other items or materials 
        that are determined to have significance for nuclear 
        explosive purposes pursuant to subsection 109 b. of the 
        Atomic Energy Act of 1954 (42 U.S.C. 2139(b)).
          (8) The terms ``Nuclear Non-Proliferation Treaty'' 
        and ``NPT'' mean 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 (21 
        UST 483).
          (9) The terms ``Nuclear Suppliers Group'' and ``NSG'' 
        refer to a group, which met initially in 1975 and has 
        met at least annually since 1992, of Participating 
        Governments that have promulgated and agreed to adhere 
        to Guidelines for Nuclear Transfers (currently IAEA 
        INFCIRC/254/Rev.8/Part 1) and Guidelines for Transfers 
        of Nuclear-Related Dual-Use Equipment, Materials, 
        Software, and Related Technology (currently IAEA 
        INFCIRC/254/Rev.7/Part 2).
          (10) The terms ``nuclear weapon'' and ``nuclear 
        explosive device'' mean any device 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).
          (11) The term ``process'' includes the term 
        ``reprocess''.
          (12) The terms ``reprocessing'' and ``reprocess'' 
        refer to the separation of irradiated nuclear materials 
        and fission products from spent nuclear fuel.
          (13) The term ``sensitive nuclear technology'' means 
        any information, including information incorporated in 
        a production or utilization facility or important 
        component part thereof, that 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.
          (14) The term ``source material'' has the meaning 
        given the term in section 11 z. of the Atomic Energy 
        Act of 1954 (42 U.S.C. 2014(z)).
          (15) The term ``special nuclear material'' has the 
        meaning given the term in section 11 aa. of the Atomic 
        Energy Act of 1954 (42 U.S.C. 2014(aa)).
          (16) The term ``unsafeguarded nuclear fuel-cycle 
        activity'' means research on, or development, design, 
        manufacture, construction, operation, or maintenance 
        of--
                  (A) any existing or future reactor, critical 
                facility, conversion plant, fabrication plant, 
                reprocessing plant, plant for the separation of 
                isotopes of source or special fissionable 
                material, or separate storage installation with 
                respect to which there is no obligation to 
                accept IAEA safeguards at the relevant reactor, 
                facility, plant, or installation that contains 
                source or special fissionable material; or
                  (B) any existing or future heavy water 
                production plant with respect to which there is 
                no obligation to accept IAEA safeguards on any 
                nuclear material produced by or used in 
                connection with any heavy water produced 
                therefrom.
              (4) 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).
                       (5) 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. * * *
          * * * * * * *
        (6) 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 2008, 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.
            (7) 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\
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    \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\
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    \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.''.
  (8) 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 625.
---------------------------------------------------------------------------
    (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\
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    \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.
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                  (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.
 (9) 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.
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    (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\
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    \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.
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    \15\ 22 U.S.C. 2026.
    \16\ Should read ``sections''.
 y. 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.
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    \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. Duncan Hunter National Defense Authorization Act for Fiscal Year 
                                  2009

Partial text of Public Law 110-417 [S. 3001], 122 Stat. 4356, approved 
                            October 14, 2008

 AN ACT To authorize appropriations for fiscal year 2009 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; FINDINGS; SENSE OF CONGRESS.

    (a) Short Title.--This Act may be cited as the ``Duncan 
Hunter National Defense Authorization Act for Fiscal Year 
2009''.
    (b) * * *
          * * * * * * *

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

                      TITLE X--GENERAL PROVISIONS

          * * * * * * *

                    Subtitle E--Studies and Reports

          * * * * * * *

SEC. 1044. REPORT ON NUCLEAR WEAPONS.

    (a) Findings.--Congress finds that--
          (1) numerous nuclear weapons are held in the arsenals 
        of various countries around the world;
          (2) some of these weapons make attractive targets for 
        theft and for use by terrorist organizations;
          (3) the United States should identify, track, and 
        monitor these weapons as a matter of national security;
          (4) the United States should assess the security 
        risks associated with existing stockpiles of nuclear 
        weapons and should assess the risks of nuclear weapons 
        being developed, acquired, or utilized by other 
        countries, particularly rogue states, and by terrorists 
        and other non-state actors; and
          (5) the United States should work cooperatively with 
        other countries to improve the security of nuclear 
        weapons and to promote multilateral reductions in the 
        numbers of nuclear weapons.
    (b) Review.--The President, in consultation with the 
Secretary of Defense, the Secretary of State, the Secretary of 
Energy, and the Director of National Intelligence, shall 
conduct a review of nuclear weapons world-wide that includes--
          (1) an inventory of the nuclear arsenals of all 
        countries that possess, or are believed to possess, 
        nuclear weapons, which indicates, as accurately as 
        possible, the nuclear weapons that are known, or are 
        believed, to exist according to nationality, type, 
        yield, and form of delivery, and an assessment of the 
        methods that are currently employed to identify, track, 
        and monitor nuclear weapons and their component 
        materials;
          (2) an assessment of the risks associated with the 
        deployment, transfer, and storage of nuclear weapons 
        deemed to be attractive to terrorists, rogue states, 
        and other state or non-state actors on account of their 
        size or portability, or on account of their 
        accessibility due to the manner of their deployment or 
        storage; and
          (3) recommendations for--
                  (A) mechanisms and procedures to improve 
                security and safeguards for the nuclear weapons 
                deemed to be attractive to terrorists, rogue 
                states, and other state or non-state actors;
                  (B) mechanisms and procedures to improve the 
                ability of the United States to identify, 
                track, and monitor the nuclear weapons deemed 
                to be attractive to terrorists, rogue states, 
                and other state or non-state actors;
                  (C) mechanisms and procedures for 
                implementing transparent multilateral 
                reductions in nuclear weapons arsenals; and
                  (D) methods for consolidating, dismantling, 
                and disposing of the nuclear weapons in each 
                country that possesses, or is believed to 
                possess, nuclear weapons, including methods of 
                monitoring and verifying consolidation, 
                dismantlement, and disposal.
    (c) Report.--
          (1) Report required.--Not later than one year after 
        the date of the enactment of this Act, the President 
        shall submit to Congress a report on the findings and 
        recommendations of the review required under subsection 
        (b).
          (2) Classification of report.---The report required 
        under paragraph (1) shall be submitted in unclassified 
        form, but it may be accompanied by a classified annex.
          * * * * * * *

                       Subtitle F--Other Matters

          * * * * * * *

SEC. 1062.\1\ NOTIFICATION OF COMMITTEES ON ARMED SERVICES WITH RESPECT 
                    TO CERTAIN NONPROLIFERATION AND PROLIFERATION 
                    ACTIVITIES.
---------------------------------------------------------------------------

    \1\ 50 U.S.C. 2370.
---------------------------------------------------------------------------
    (a) Notification With Respect to Nonproliferation 
Activities.--The Secretary of Defense, the Secretary of Energy, 
the Secretary of Commerce, the Secretary of State, and the 
Nuclear Regulatory Commission shall keep the Committee on Armed 
Services of the Senate and the Committee on Armed Services of 
the House of Representatives informed with respect to--
          (1) any activities undertaken by any such Secretary 
        or the Commission to carry out the purposes and 
        policies of the Secretaries and the Commission with 
        respect to nonproliferation programs; and
          (2) any other activities undertaken by any such 
        Secretary or the Commission to prevent the 
        proliferation of nuclear, chemical, or biological 
        weapons or the means of delivery of such weapons.
    (b) Notification With Respect to Proliferation Activities 
in Foreign Nations.--
          (1) In general.--The Director of National 
        Intelligence shall keep the Committee on Armed Services 
        of the Senate and the Committee on Armed Services of 
        the House of Representatives fully and currently 
        informed with respect to any activities of foreign 
        nations that are significant with respect to the 
        proliferation of nuclear, chemical, or biological 
        weapons or the means of delivery of such weapons.
          (2) Fully and currently informed defined.--For 
        purposes of paragraph (1), the term ``fully and 
        currently informed'' means the transmittal of credible 
        information with respect to an activity described in 
        such paragraph not later than 60 days after becoming 
        aware of the activity.
          * * * * * * *

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

          * * * * * * *

                       Subtitle C--Other Matters

          * * * * * * *

SEC. 1233. REVIEW OF SECURITY RISKS OF PARTICIPATION BY DEFENSE 
                    CONTRACTORS IN CERTAIN SPACE ACTIVITIES OF THE 
                    PEOPLE'S REPUBLIC OF CHINA.

    (a) Review Required.--The Secretary of Defense shall 
conduct a review to determine whether there are any security 
risks associated with participation by covered contractors in 
certain space activities of the People's Republic of China.
    (b) Matters to Be Included.--The review required under 
subsection (a) shall include, at a minimum, a review of the 
following:
          (1) Whether there have been any incidents with 
        respect to which a determination has been made that an 
        improper disclosure of covered information by a covered 
        contractor has occurred during the five-year period 
        ending on the date of the enactment of this Act.
          (2) The increase, if any, in the number of covered 
        contractors expected to occur during the 5-year period 
        beginning on the date of the enactment of this Act.
          (3) The extent to which the policies and procedures 
        of the Department of Defense are sufficient to protect 
        against the improper disclosure of covered information 
        by a covered contractor during the 5-year period 
        beginning on the date of the enactment of this Act.
          (4) The Secretary's conclusions regarding awards of 
        contracts by the Department of Defense to covered 
        contractors after the date of the enactment of this 
        Act.
          (5) Any other matters that the Secretary determines 
        to be appropriate to include in the review.
    (c) Cooperation From Other Departments and Agencies.--The 
Secretary of State, the Director of National Intelligence, and 
the head of any other United States Government department or 
agency shall cooperate in a complete and timely manner to 
provide the Secretary of Defense with data and other 
information necessary for the Secretary of Defense to carry out 
the review required under subsection (a).
    (d) Report.--
          (1) In general.--Not later than March 1, 2009, the 
        Secretary of Defense shall submit to the congressional 
        defense committees a report on the review required 
        under subsection (a).
          (2) Form.--The report required under this subsection 
        shall include a summary in unclassified form to the 
        maximum extent practicable.
    (e) Definitions.--In this section:
          (1) Certain space activities of the people's republic 
        of china.--The term ``certain space activities of the 
        People's Republic of China'' means--
                  (A) the development or manufacture of 
                satellites for launch from the People's 
                Republic of China; and
                  (B) the launch of satellites from the 
                People's Republic of China.
          (2) Covered contractor.--The term ``covered 
        contractor'' means a contractor of the Department of 
        Defense, and any subcontractor (at any tier) of the 
        contractor, that--
                  (A) has access to covered information; and
                  (B) participates, or is part of a joint 
                venture that participates, or whose parent, 
                sister, subsidiary, or affiliate company 
                participates, in certain space activities in 
                the People's Republic of China.
          (3) Covered information.--The term ``covered 
        information'' means classified information and 
        sensitive controlled unclassified information obtained 
        under contracts (or subcontracts of such contracts) of 
        the Department of Defense.

SEC. 1234.\2\ REPORT ON IRAN'S CAPABILITY TO PRODUCE NUCLEAR WEAPONS.
---------------------------------------------------------------------------

    \2\ 50 U.S.C. 2367 note.
---------------------------------------------------------------------------
    (a) Report Required.--Not later than 180 days after the 
date of the enactment of this Act, and annually thereafter, the 
Director of National Intelligence shall submit to Congress a 
report on Iran's capability to produce nuclear weapons. The 
report required under this subsection may be submitted in 
classified form.
    (b) Matters to Be Included.--The report required under 
subsection (a) shall include the following:
          (1) The locations, types, and number of centrifuges 
        and other specialized equipment necessary for the 
        enrichment of uranium and any plans to acquire, 
        manufacture, and operate such equipment in the future.
          (2) An estimate of the amount, if any, of highly 
        enriched uranium and weapons grade plutonium acquired 
        or produced to date, an estimate of the amount of 
        weapons grade plutonium that is likely to be produced 
        or acquired in the near- and midterms and the amount of 
        highly enriched uranium that is likely to be produced 
        or acquired in the near- and midterms, and the number 
        of nuclear weapons that could be produced with such 
        materials.
          (3) A evaluation of the extent to which security and 
        safeguards at any nuclear site prevent, slow, verify, 
        or help monitor the enrichment of uranium or the 
        reprocessing of plutonium into weapons-grade materials.
          (4) A description of any weaponization activities, 
        such as the research, design, development, or testing 
        of nuclear weapons or weapons-related components.
          (5) A description of any programs to construct, 
        acquire, test, or improve methods to deliver nuclear 
        weapons, including an assessment of the likely progress 
        of such programs in the near- and mid-terms.
          (6) A summary of assessments made by allies of the 
        United States of Iran's nuclear weapons program and 
        nuclear-capable delivery systems programs.
    (c) Notification.--The President shall notify Congress, in 
writing, within 15 days of determining that--
          (1) Iran has resumed a nuclear weapons program;
          (2) Iran has met or surpassed any major milestone in 
        its nuclear weapons program; or
          (3) Iran has undertaken to accelerate, decelerate, or 
        cease the development of any significant element within 
        its nuclear weapons program.
          * * * * * * *

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

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          * * * * * * *

   Subtitle B--Program Authorizations, Restrictions, and Limitations

          * * * * * * *

SEC. 3114.\3\ ENHANCING NUCLEAR FORENSICS CAPABILITIES.
---------------------------------------------------------------------------

    \3\ 50 U.S.C. 2574.
---------------------------------------------------------------------------
    (a) Research and Development Plan for Nuclear Forensics and 
Attribution.--
          (1) Research and development.--The Secretary of 
        Energy shall prepare and implement a research and 
        development plan to improve nuclear forensics 
        capabilities in the Department of Energy and at the 
        national laboratories overseen by the Department of 
        Energy. The plan shall focus on improving the technical 
        capabilities required--
                  (A) to enable a robust and timely nuclear 
                forensic response to a nuclear explosion or to 
                the interdiction of nuclear material or a 
                nuclear weapon anywhere in the world; and
                  (B) to develop an international database that 
                can attribute nuclear material or a nuclear 
                weapon to its source.
          (2) Reports.--
                  (A) The Secretary of Energy shall submit to 
                the congressional defense committees--
                          (i) not later than 6 months after the 
                        date of the enactment of this Act, a 
                        report on the contents of the research 
                        and development plan described in 
                        paragraph (1), and any legislative 
                        changes required to implement the plan; 
                        and
                          (ii) not later than 18 months after 
                        the date of the enactment of this Act, 
                        a report on the status of implementing 
                        the plan.
                  (B) The Secretary shall submit each report 
                required by this subsection in unclassified 
                form, but may include a classified annex with 
                such report.
    (b) Additional Information in the Report on Nuclear 
Forensics Capabilities.--Section 3129(b) of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 585) is amended-- * * *
    (c) Presidential Report.--
          (1) In general.--Not later than 90 days after the 
        date of the enactment of this Act, the President shall 
        submit to the appropriate committees of Congress a 
        report on the involvement of senior-level executive 
        branch leadership in nuclear terrorism preparedness 
        exercises that include nuclear forensics analysis.
          (2) Appropriate committees of congress.--In this 
        subsection, the term ``appropriate committees of 
        Congress'' means--
                  (A) the Committee on Appropriations, the 
                Committee on Armed Services, and the Committee 
                on Homeland Security of the House of 
                Representatives; and
                  (B) the Committee on Appropriations, the 
                Committee on Armed Services, and the Committee 
                on Homeland Security and Governmental Affairs 
                of the Senate.

SEC. 3115. UTILIZATION OF CONTRIBUTIONS TO INTERNATIONAL NUCLEAR 
                    MATERIALS PROTECTION AND COOPERATION PROGRAM AND 
                    RUSSIAN PLUTONIUM DISPOSITION PROGRAM.

    Section 3114 of the National Defense Authorization Act 
forFiscal Year 2007 (50 U.S.C. 2301 note) is amended-- * * *

SEC. 3116. REVIEW OF AND REPORTS ON GLOBAL INITIATIVES FOR 
                    PROLIFERATION PREVENTION PROGRAM.

    (a) Review of Program.--
          (1) In general.--The Administrator for Nuclear 
        Security shall conduct a review of the Global 
        Initiatives for Proliferation Prevention program.
          (2) Report required.--Not later than October 1, 2009, 
        the Administrator shall submit to the congressional 
        defense committees a report setting forth the results 
        of the review required under paragraph (1). The report 
        shall include eachof the following:
                  (A) A description of the goals of the Global 
                Initiatives for Proliferation Prevention 
                program and the criteria for partnership 
                projects under the program.
                  (B) Recommendations regarding the following:
                          (i) Whether to continue or bring to a 
                        close each of the partnership projects 
                        under the program in existence on the 
                        date of the enactment of this Act, and, 
                        if any such project is recommended to 
                        be continued, a description of how that 
                        project will meet the criteria under 
                        subparagraph (A).
                          (ii) Whether to enter into new 
                        partnership projects under the program 
                        with Russia or other countries of the 
                        former Soviet Union.
                          (iii) Whether to enter into new 
                        partnership projects under the program 
                        in countries other than countries of 
                        the former Soviet Union.
                  (C) A plan and criteria for completing 
                partnership projects under the program.
    (b) Report on Funding for Projects Under Program.--
          (1) In general.--The Administrator shall submit to 
        the congressional defense committees a report on--
                  (A) the purposes for which amounts made 
                available for the Global Initiatives for 
                Proliferation Prevention program for fiscal 
                year 2009 will be obligated or expended; and
                  (B) the amount to be obligated or expended 
                for each partnership project under the program 
                in fiscal year 2009.
          (2) Limitation on funding before submittal of 
        report.--None of the amounts authorized to be 
        appropriated for fiscal year 2009 by section 3101(a)(2) 
        for defense nuclear nonproliferation activities and 
        available for the Global Initiatives for Proliferation 
        Prevention program may be obligated or expended until 
        the date that is 30 days after the date on which the 
        Administrator submits to the congressional defense 
        committees the report required under paragraph (1).

SEC. 3117. LIMITATION ON AVAILABILITY OF FUNDS FOR GLOBAL NUCLEAR 
                    ENERGY PARTNERSHIP.

    (a) Limitation.--Of the amounts authorized to be 
appropriated for fiscal year 2009 by section 3101(a)(2) for 
defense nuclear nonproliferation activities, not more than 
$3,000,000 may be used for projects that are specifically 
designed for the Global Nuclear Energy Partnership. Any amount 
so used may not be expended until 30 days after the date on 
which the Administrator of the National Nuclear Security 
Administration submits to Congress a report that describes in 
detail the full amount of funding that the Administrator plans 
to expend for any effort related to the Global Nuclear Energy 
Partnership.
    (b) Use of Funds.--Any amount made available pursuant to an 
authorization of appropriations under section 3101(a)(2) that 
is covered by the limitation under subsection (a) shall only be 
available for nonproliferation risk assessments relating to the 
Global Nuclear Energy Partnership and related work on export 
control reviews and determinations.
       b. National Defense Authorization Act for Fiscal Year 2008

 Partial text of Public Law 110-181 [H.R. 4986], 122 Stat. 3, approved 
                            January 28, 2008

      AN ACT To provide for the enactment of the National Defense 
 Authorization Act for Fiscal Year 2008, as previously enrolled, with 
   certain modifications to address the foreign sovereign immunities 
    provisions of title 28, United States Code, with respect to the 
attachment of property in certain judgments against Iraq, the lapse of 
  statutory authorities for the payment of bonuses, special pays, and 
 similar benefits for members of the uniformed services, 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; TREATMENT OF EXPLANATORY STATEMENT.

    (a) Short Title.--This Act may be cited as the ``National 
Defense Authorization Act for Fiscal Year 2008''.
    (b) * * *
          * * * * * * *

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

          * * * * * * *

             Subtitle D--Other Authorities and Limitations

          * * * * * * *

SEC. 1256. EXTENSION OF COUNTERPROLIFERATION PROGRAM REVIEW COMMITTEE.

    (a) Members.--Section 1605 of the National Defense 
Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note) is 
amended * * *
    (b)-(c) * * *
    (d) Submission of Report.--Section 1503 of the National 
Defense Authorization Act for Fiscal Year 1995 (22 U.S.C. 2751 
note) is amended-- * * *
          * * * * * * *

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

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

          * * * * * * *

   Subtitle B--Program Authorizations, Restrictions, and Limitations

          * * * * * * *

SEC. 3114. LIMITATION ON AVAILABILITY OF FUNDS FOR FISSILE MATERIALS 
                    DISPOSITION PROGRAM.

    (a) Limitation Pending Report on Use of Prior Fiscal Year 
Funds.--No more than 75 percent of the fiscal year 2008 Fissile 
Materials Disposition program funds may be obligated for the 
Fissile Materials Disposition program until the Secretary of 
Energy, in consultation with the Administrator for Nuclear 
Security, submits to the congressional defense committees a 
report setting forth a plan for obligating and expending funds 
made available for that program in fiscal years before fiscal 
year 2008 that remain available for obligation or expenditure 
as of January 1, 2005, and for fiscal year 2008.
    (b) Availability of Unutilized Funds Under Certification of 
Partial Use.--Any funds identified in the plan required in 
subsection (a) that are not planned to be obligated by the end 
of fiscal year 2009 shall also be available for any defense 
nuclear nonproliferation activities (other than the Fissile 
Materials Disposition program) for which amounts are authorized 
to be appropriated by section 3101(a)(2).
    (c) Fiscal Year 2008 Fissile Materials Disposition Program 
Funds Defined.--In this section, the term ``fiscal year 2008 
Fissile Materials Disposition program funds'' means amounts 
authorized to be appropriated by section 3101(a)(2) and 
available for the Fissile Materials Disposition program.
          * * * * * * *

                       Subtitle C--Other Matters

          * * * * * * *

SEC. 3126. SENSE OF CONGRESS ON THE NUCLEAR NON-PROLIFERATION POLICY OF 
                    THE UNITED STATES AND THE RELIABLE REPLACEMENT 
                    WARHEAD PROGRAM.

    It is the sense of Congress that--
          (1) the United States should maintain its commitment 
        to Article VI of 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 (in 
        this section referred to as the ``Nuclear Non-
        Proliferation Treaty'');
          (2) the United States should initiate talks with 
        Russia to reduce the number of nonstrategic nuclear 
        weapons and further reduce the number of strategic 
        nuclear weapons in the respective nuclear weapons 
        stockpiles of the United States and Russia in a 
        transparent and verifiable fashion and in a manner 
        consistent with the security of the United States;
          (3) the United States and other declared nuclear 
        weapons state parties to the Nuclear Non-Proliferation 
        Treaty, together with weapons states that are not 
        parties to the Treaty, should work to reduce the total 
        number of nuclear weapons in the respective stockpiles 
        and related delivery systems of such states;
          (4) the United States, Russia, and other states 
        should work to negotiate, and then sign and ratify, a 
        treaty setting forth a date for the cessation of the 
        production of fissile material;
          (5) the United States should sustain the science-
        based stockpile stewardship program, which provides the 
        basis for certifying the United States nuclear 
        deterrent and maintaining the moratorium on underground 
        nuclear weapons testing;
          (6) the United States should commit to dismantle as 
        soon as possible all retired warheads or warheads that 
        are planned to be retired from the United States 
        nuclear weapons stockpile;
          (7) the United States, along with the other declared 
        nuclear weapons state parties to the Nuclear Non-
        Proliferation Treaty, should participate in transparent 
        discussions regarding their nuclear weapons programs 
        and plans, including plans for any new weapons or 
        warheads, and how such programs and plans relate to 
        their obligations as nuclear weapons state parties 
        under the Treaty;
          (8) the United States and the declared nuclear 
        weapons state parties to the Nuclear Non-Proliferation 
        Treaty should work to decrease reliance on, and the 
        importance of, nuclear weapons; and
          (9) the United States should formulate any decision 
        on whether to manufacture or deploy a reliable 
        replacement warhead within the broader context of the 
        progress made by the United States toward achieving 
        each of the goals described in paragraphs (1) through 
        (8).
          * * * * * * *

                Subtitle D--Nuclear Terrorism Prevention

SEC. 3131.\1\ DEFINITIONS.

    In this subtitle:
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 3244 note.
---------------------------------------------------------------------------
          (1) The term ``Convention on the Physical Protection 
        of Nuclear Material'' means the Convention on the 
        Physical Protection of Nuclear Material, signed at New 
        York and Vienna March 3, 1980.
          (2) The term ``formula quantities of strategic 
        special nuclear material'' means uranium-235 (contained 
        in uranium enriched to 20 percent or more in the U-235 
        isotope), uranium-233, or plutonium in any combination 
        in a total quantity of 5,000 grams or more computed by 
        the formula, grams = (grams contained U-235) + 2.5 
        (grams U-233 + grams plutonium), as set forth in the 
        definitions of ``formula quantity'' and ``strategic 
        special nuclear material'' in section 73.2 of title 10, 
        Code of Federal Regulations.
          (3) The term ``Nuclear Non-Proliferation Treaty'' 
        means 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 (21 UST 
        483).
          (4) The term ``nuclear 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 the 
        development of, a weapon, a weapon prototype, or a 
        weapon test device.

SEC. 3132.\1\ SENSE OF CONGRESS ON THE PREVENTION OF NUCLEAR TERRORISM.

    It is the sense of Congress that--
          (1) the President should make the prevention of a 
        nuclear terrorist attack on the United States a high 
        priority;
          (2) the President should accelerate programs, 
        requesting additional funding as appropriate, to 
        prevent nuclear terrorism, including combating nuclear 
        smuggling, securing and accounting for nuclear weapons, 
        and eliminating, removing, or securing and accounting 
        for formula quantities of strategic special nuclear 
        material wherever such quantities may be;
          (3) the United States, together with the 
        international community, should take a comprehensive 
        approach to reducing the danger of nuclear terrorism, 
        including by making additional efforts to identify and 
        eliminate terrorist groups that aim to acquire nuclear 
        weapons, to ensure that nuclear weapons worldwide are 
        secure and accounted for and that formula quantities of 
        strategic special nuclear material worldwide are 
        eliminated, removed, or secure and accounted for to a 
        degree sufficient to defeat the threat that terrorists 
        and criminals have shown they can pose, and to increase 
        the ability to find and stop terrorist efforts to 
        manufacture nuclear explosives or to transport nuclear 
        explosives and materials anywhere in the world;
          (4) within such a comprehensive approach, a high 
        priority must be placed on ensuring that all nuclear 
        weapons worldwide are secure and accounted for and that 
        all formula quantities of strategic special nuclear 
        material worldwide are eliminated, removed, or secure 
        and accounted for; and
          (5) the International Atomic Energy Agency should be 
        funded appropriately to fulfill its role in 
        coordinating international efforts to protect nuclear 
        material and to combat nuclear smuggling.

SEC. 3133.\1\ MINIMUM SECURITY STANDARD FOR NUCLEAR WEAPONS AND FORMULA 
                    QUANTITIES OF STRATEGIC SPECIAL NUCLEAR MATERIAL.

    (a) Policy.--It is the policy of the United States to work 
with the international community to take all possible steps to 
ensure that all nuclear weapons around the world are secure and 
accounted for and that all formula quantities of strategic 
special nuclear material are eliminated, removed, or secure and 
accounted for to a level sufficient to defeat the threats posed 
by terrorists and criminals.
    (b) International Nuclear Security Standard.--It is the 
sense of Congress that, in furtherance of the policy described 
in subsection (a), and consistent with the requirement for 
``appropriate effective'' physical protection contained in 
United Nations Security Council Resolution 1540 (2004), as well 
as the Nuclear Non-Proliferation Treaty and the Convention on 
the Physical Protection of Nuclear Material, the President, in 
consultation with relevant Federal departments and agencies, 
should seek the broadest possible international agreement on a 
global standard for nuclear security that--
          (1) ensures that nuclear weapons and formula 
        quantities of strategic special nuclear material are 
        secure and accounted for to a sufficient level to 
        defeat the threats posed by terrorists and criminals;
          (2) takes into account the limitations of equipment 
        and human performance; and
          (3) includes steps to provide confidence that the 
        needed measures have in fact been implemented.
    (c) International Efforts.--It is the sense of Congress 
that, in furtherance of the policy described in subsection (a), 
the President, in consultation with relevant Federal 
departments and agencies, should--
          (1) work with other countries and the International 
        Atomic Energy Agency to assist as appropriate, and if 
        necessary work to convince, the governments of any and 
        all countries in possession of nuclear weapons or 
        formula quantities of strategic special nuclear 
        material to ensure that security is upgraded to meet 
        the standard described in subsection (b) as rapidly as 
        possible and in a manner that--
                  (A) accounts for the nature of the terrorist 
                and criminal threat in each such country; and
                  (B) ensures that any measures to which the 
                United States and any such country agree are 
                sustained after United States and other 
                international assistance ends;
          (2) ensure that United States financial and technical 
        assistance is available, as appropriate, to countries 
        for which the provision of such assistance would 
        accelerate the implementation of, or improve the 
        effectiveness of, such security upgrades; and
          (3) work with the governments of other countries to 
        ensure that effective nuclear security rules, 
        accompanied by effective regulation and enforcement, 
        are put in place to govern all nuclear weapons and 
        formula quantities of strategic special nuclear 
        material around the world.

SEC. 3134.\1\ ANNUAL REPORT.

    (a) In General.--Not later than September 1 of each year 
through 2012, the President, in consultation with relevant 
Federal departments and agencies, shall submit to Congress a 
report on the security of nuclear weapons and related equipment 
and formula quantities of strategic special nuclear material 
outside of the United States.
    (b) Elements.--The report required under subsection (a) 
shall include the following:
          (1) A section on the programs for the security and 
        accounting of nuclear weapons and the elimination, 
        removal, and security and accounting of formula 
        quantities of strategic special nuclear material, 
        established under section 3132(b) of the Ronald W. 
        Reagan National Defense Authorization Act for Fiscal 
        Year 2005 (50 U.S.C. 2569(b)), which shall include the 
        following:
                  (A) A survey of the facilities and sites 
                worldwide that contain nuclear weapons or 
                related equipment, or formula quantities of 
                strategic special nuclear material.
                  (B) A list of such facilities and sites 
                determined to be of the highest priority for 
                security and accounting of nuclear weapons and 
                related equipment, or the elimination, removal, 
                or security and accounting of formula 
                quantities of strategic special nuclear 
                material, taking into account risk of theft 
                from such facilities and sites, and organized 
                by level of priority.
                  (C) A prioritized plan, including measurable 
                milestones, metrics, estimated timetables, and 
                estimated costs of implementation, on the 
                following:
                          (i) The security and accounting of 
                        nuclear weapons and related equipment 
                        and the elimination, removal, or 
                        security and accounting of formula 
                        quantities of strategic special nuclear 
                        material at such facilities and sites 
                        worldwide.
                          (ii) Ensuring that security upgrades 
                        and accounting reforms implemented at 
                        such facilities and sites worldwide, 
                        using the financial and technical 
                        assistance of the United States, are 
                        effectively sustained after such 
                        assistance ends.
                          (iii) The role that international 
                        agencies and the international 
                        community have committed to play, 
                        together with a plan for securing 
                        international contributions.
                  (D) An assessment of the progress made in 
                implementing the plan described in subparagraph 
                (C), including a description of the efforts of 
                foreign governments to secure and account for 
                nuclear weapons and related equipment and to 
                eliminate, remove, or secure and account for 
                formula quantities of strategic special nuclear 
                material.
          (2) A section on efforts to establish and implement 
        the international nuclear security standard described 
        in section 3133(b) and related policies.
    (c) Form.--The report may be submitted in classified form 
but shall include a detailed unclassified summary.
 c. John Warner National Defense Authorization Act for Fiscal Year 2007

    Partial text of Public Law 109-364 [H.R. 5122], 120 Stat. 2083, 
  approved October 17, 2006; as amended by Public Law 110-417 [Duncan 
  Hunter National Defense Authorization Act for Fiscal Year 2009; S. 
            3001], 122 Stat. 4356, approved October 14, 2008

 AN ACT To authorize appropriations for fiscal year 2007 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; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``John 
Warner National Defense Authorization Act for Fiscal Year 
2007''.
    (b) * * *
          * * * * * * *

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

          * * * * * * *

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

          * * * * * * *

             Subtitle C--Chemical Demilitarization Program

SEC. 921. SENSE OF CONGRESS ON COMPLETION OF DESTRUCTION OF UNITED 
                    STATES CHEMICAL WEAPONS STOCKPILE.

    (a) Findings.--Congress makes the following findings:
          (1) The Convention on the Prohibition of the 
        Development, Production, Stockpiling and Use of 
        Chemical Weapons and on Their Destruction, done at 
        Paris on January 13, 1993 (commonly referred to as the 
        ``Chemical Weapons Convention''), requires that 
        destruction of the entire United States chemical 
        weapons stockpile be completed by no later than the 
        extended deadline of April 29, 2012.
          (2) On April 10, 2006, the Department of Defense 
        notified Congress that the United States would not meet 
        even the extended deadline under the Chemical Weapons 
        Convention for destruction of the United States 
        chemical weapons stockpile.
          (3) Destroying existing chemical weapons is a 
        homeland security imperative and an arms control 
        priority and is required by United States law.
          (4) The elimination and nonproliferation of chemical 
        weapons of mass destruction is of utmost importance to 
        the national security of the United States.
    (b) Sense of Congress.--It is the sense of Congress that--
          (1) the United States is committed to making every 
        effort to safely dispose of its entire chemical weapons 
        stockpile by the Chemical Weapons Convention extended 
        deadline of April 29, 2012, or as soon thereafter as 
        possible, and will carry out all of its other 
        obligations under that Convention;
          (2) to prevent further delays in completing the 
        destruction of the United States chemical weapons 
        stockpile, the Secretary of Defense should prepare a 
        comprehensive schedule for the safe destruction of such 
        stockpile and should annually submit that schedule (as 
        currently in effect) to the congressional defense 
        committees, either separately or as part of another 
        required report, until such destruction is completed;
          (3) the Secretary of Defense should make every effort 
        to ensure adequate funding to complete the elimination 
        of the United States chemical weapons stockpile in the 
        shortest time possible, consistent with the requirement 
        to protect public health, safety, and the environment; 
        and
          (4) when selecting a site for the treatment or 
        disposal of neutralized chemical agent at a location 
        remote from the location where the agent is stored, the 
        Secretary of Defense should propose a credible process 
        that seeks to gain the support of affected communities.
          * * * * * * *

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

          * * * * * * *

     Subtitle B--Nonproliferation Matters and Countries of Concern

SEC. 1211. NORTH KOREA.

    (a) Coordinator of Policy on North Korea.--
          (1) Appointment required.--Not later than 60 days 
        after the date of the enactment of this Act, the 
        President shall appoint a senior presidential 
        coordinator of United States policy on North Korea.
          (2) Designation.--The individual appointed under 
        paragraph (1) may be known as the ``North Korea Policy 
        Coordinator'' (in this subsection referred to as the 
        ``Coordinator)''.
          (3) Duties.--The Coordinator shall--
                  (A) conduct a full and complete interagency 
                review of United States policy toward North 
                Korea;
                  (B) consult with foreign governments, 
                including the parties to the Six Party Talks on 
                the denuclearization of the Korean peninsula; 
                and
                  (C) provide policy direction and leadership 
                for negotiations with North Korea relating to 
                nuclear weapons, ballistic missiles, and other 
                security matters.
          (4) Report.--Not later than 90 days after the date of 
        the appointment of an individual as Coordinator under 
        paragraph (1), the Coordinator shall submit to the 
        President and Congress an unclassified report, with a 
        classified annex if necessary, on the actions 
        undertaken under paragraph (3). The report shall set 
        forth--
                  (A) the results of the review under paragraph 
                (3)(A); and
                  (B) any other matter on North Korea that the 
                Coordinator considers appropriate.
          (5) Termination.--The position under this subsection 
        shall terminate no later than December 31, 2011.
    (b) Semiannual Reports on Nuclear and Missile Programs of 
North Korea.--
          (1) Reports required.--Not later than 90 days after 
        the date of the enactment of this Act, and every 180 
        days thereafter for fiscal years 2007 and 2008, the 
        President shall transmit to Congress an unclassified 
        report, with a classified annex as appropriate, on the 
        nuclear program and the missile program of North Korea.
          (2) Matters to be included.--Each report under 
        paragraph (1) shall include the following:
                  (A) The most current national intelligence 
                estimate on the nuclear program and the missile 
                program of North Korea and, consistent with the 
                protection of intelligence sources and methods, 
                an unclassified summary of the key judgments in 
                that estimate.
                  (B) The most current unclassified United 
                States Government assessment, stated as a range 
                if necessary, of--
                          (i) the number of nuclear weapons 
                        possessed by North Korea; and
                          (ii) the amount of nuclear material 
                        suitable for weapons use produced by 
                        North Korea by plutonium reprocessing 
                        and uranium enrichment.
                  (C) Any other matter relating to the nuclear 
                program or missile program of North Korea that 
                the President considers appropriate.

SEC. 1212. REPORT ON PARTICIPATION OF MULTINATIONAL PARTNERS IN THE 
                    UNITED NATIONS COMMAND IN THE REPUBLIC OF KOREA.

    (a) Report Required.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense, in 
coordination with the Secretary of State, shall submit to the 
appropriate committees of Congress a report on participation of 
multinational partners in the United Nations Command in the 
Republic of Korea.
    (b) Elements.--The report required by subsection (a) shall 
include the following:
          (1)-(3) * * *
          (4) An assessment of how the contribution of 
        additional military forces by a member of the United 
        Nations Command might affect that member's approach to 
        facilitating a diplomatic resolution of the nuclear 
        challenge posed by the Democratic People's Republic of 
        Korea.
    (c) Form.--The report required by subsection (a) shall be 
submitted in unclassified form, but may include a classified 
annex.
    (d) Appropriate Committees of Congress Defined.--In this 
section, the term ``appropriate committees of Congress'' 
means--
          (1) the Committees on Armed Services and Foreign 
        Relations of the Senate; and
          (2) the Committees on Armed Services and 
        International Relations of the House of 
        Representatives.
          * * * * * * *

SEC. 1214. SENSE OF CONGRESS ON UNITED STATES POLICY ON THE NUCLEAR 
                    PROGRAMS OF IRAN.

    Congress--
          (1) endorses the policy of the United States to 
        achieve a successful diplomatic outcome, in 
        coordination with leading members of the international 
        community, with respect to the threat posed by the 
        efforts of the Iranian regime to acquire a capability 
        to produce nuclear weapons;
          (2) calls on Iran to--
                  (A) suspend fully and verifiably its 
                enrichment and reprocessing activities, as 
                required by the International Atomic Energy 
                Agency (IAEA); and
                  (B) work with the international community to 
                achieve a negotiated outcome to the concerns 
                regarding its nuclear program;
          (3) in the event Iran fails to comply with United 
        Nations Security Council Resolution 1696 (July 31, 
        2006), urges the Security Council to work for the 
        adoption of appropriate measures under Article 41 of 
        Chapter VII of the Charter of the United Nations; and
          (4) urges the President and the Secretary of State to 
        keep Congress fully and currently informed regarding 
        the progress of this vital diplomatic initiative.
          * * * * * * *

 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.

    (a) Authorization of Appropriations.--Funds are hereby 
authorized to be appropriated to the Department of Energy for 
fiscal year 2007 for the activities of the National Nuclear 
Security Administration in carrying out programs necessary for 
national security in the amount of $9,300,811,000, to be 
allocated as follows:
          (1) * * *
          (2) For defense nuclear nonproliferation activities, 
        $1,701,426,000.
          (3)-(4) * * *
    (b) * * *
          * * * * * * *

SEC. 3113. UTILIZATION OF CONTRIBUTIONS TO GLOBAL THREAT REDUCTION 
                    INITIATIVE.

    Section 3132 of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 
Stat. 2166; 50 U.S.C. 2569) is amended-- * * *

SEC. 3114.\1\ UTILIZATION OF CONTRIBUTIONS TO INTERNATIONAL NUCLEAR 
                    MATERIALS PROTECTION AND COOPERATION PROGRAM AND 
                    RUSSIAN PLUTONIUM DISPOSITION PROGRAM.\2\

    (a) 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 International 
Nuclear Materials Protection and Cooperation program or Russian 
Plutonium Disposition program \2\ of the National Nuclear 
Security Administration.
---------------------------------------------------------------------------
    \1\ 50 U.S.C. 2301 note.
    \2\ Sec. 3115(1) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4757) struck out ``second line of defense program'' in the section 
catchline and inserted in lieu thereof ``international nuclear 
materials protection and cooperation program and russian plutonium 
disposition program''. Sec. 3115(2) struck out ``Second Line of Defense 
program'' in each place where it appeared in this section and inserted 
in lieu thereof ``International Nuclear Materials Protection and 
Cooperation program or Russian Plutonium Disposition program''.
---------------------------------------------------------------------------
    (b) 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 
subsection (a) for purposes of the International Nuclear 
Materials Protection and Cooperation program or Russian 
Plutonium Disposition program.\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.
    (c) Return of Amounts Not Used Within 5 Years.--If an 
amount contributed under an agreement under subsection (a) is 
not used under this section within 5 years after it was 
contributed, the Secretary of Energy shall return that amount 
to the person who contributed it.
    (d) Notice to Congressional Defense Committees.--Not later 
than 30 days after the receipt of an amount contributed under 
subsection (a), 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.
    (e) 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 section during the preceding fiscal year. Each 
report for a fiscal year shall set forth--
          (1) a statement of any amounts received under this 
        section, including, for each such amount, the value of 
        the contribution and the person who contributed it;
          (2) a statement of any amounts used under this 
        section, including, for each such amount, the purposes 
        for which the amount was used; and
          (3) a statement of the amounts retained but not used 
        under this section, including, for each such amount, 
        the purposes (if known) for which the Secretary intends 
        to use the amount.
    (f) Expiration.--The authority to accept, retain, and use 
contributions under this section expires on December 31, 
2015.\3\
---------------------------------------------------------------------------
    \3\ Sec. 3115(3) of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4757) struck out ``2013'' and inserted in lieu thereof ``2015''.
       d. 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.
          * * * * * * *
e. 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.--
---------------------------------------------------------------------------
    \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.
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          (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 * * *
          * * * * * * *
       f. 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.\2\ --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.
    \2\ Sec. 2(1) of the Senate resolution of advice and consent to 
ratification of the Moscow Treaty (Treaty No. 107-8; March 6, 2003) 
requires the President to submit an annual report on the role of 
cooperative threat reduction and nonproliferation assistance funds in 
Russian implementation of the Moscow Treaty. In sec. 2(c) of Executive 
Order 13313 dated July 31, 2003 (68 F.R. 46076; August 5, 2003), the 
President assigned this requirement to the Secretary of Defense. In 
addition, sec. 2(2) of the Senate resolution requires the President to 
submit an annual report on the overall implementation of the treaty. In 
sec. 2(a)(4) of Executive Order 13313, the President assigned this 
requirement to the Secretary of State.
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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.\3\ 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.
---------------------------------------------------------------------------
    \3\ 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.\4\ 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--
---------------------------------------------------------------------------
    \4\ 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.\5\ 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.
---------------------------------------------------------------------------
    \5\ 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.
          * * * * * * *
  g. 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 
79 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.
          * * * * * * *
       h. 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 2008, 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 * 
* *

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 * * *
    (b) Credentials.--Section 304(c) of such Act (22 U.S.C. 
6724(c)) is amended * * *

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 * * *
---------------------------------------------------------------------------
    \3\ Sec. 1202 of Public Law 106-65 concerns an annual report on the 
military power of the People's Republic of China.
---------------------------------------------------------------------------
          * * * * * * *

 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).
 i. 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 * 
* *

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 2008, 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.
          * * * * * * *
       j. 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 * * *

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 * * *
    (b) Executive Secretary of the Committee.--Paragraph (5) of 
subsection (a) of that section is amended * * *
    (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 * * *

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 * 
* *
    (c) References to United Nations Special Commission on Iraq 
and to Fiscal Limitations.--(1) Subsection (b)(2) of such 
section is amended * * *
          * * * * * * *
 k. 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.
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    \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''.
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    (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 
* * *
---------------------------------------------------------------------------
    \15\ 50 U.S.C. app. 2404 note.
---------------------------------------------------------------------------

                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 * 
* *

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.
          * * * * * * *
       l. 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 * * *

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.
          * * * * * * *
       m. 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 * * * \1\
---------------------------------------------------------------------------
    \1\ For full text of Export-Import Bank Act of 1945, see 
Legislation on Foreign Relations Through 2008, vol. III.
---------------------------------------------------------------------------
    (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 
2008, 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.
          * * * * * * *
       n. 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 
2008, 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 * * *
    (b) Sanctions Against Transfers of Foreign Countries.--
Section 1605(a) of such Act is amended * * *
    (c) Clarification of United States Assistance.--
Subparagraph (A) of section 1608(7) of such Act is amended * * 
*
    (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 2008, 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).''.

          * * * * * * *
       o. 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; 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 110-181 
 [National Defense Authorization Act for Fiscal Year 2008; H.R. 4986], 
                 122 Stat. 3, approved January 28, 2008

 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) Biennial \2\ Report Required.--Not later than May 1 
each odd-numbered year,\3\ the Secretary \4\ 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. 1256(d)(1)(A) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 404) struck out 
``Annual'' and inserted in lieu thereof ``Biennial''.
    \3\ 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''. Subsequently, sec. 1256(d)(1)(B) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
404) struck out ``each year'' and inserted in lieu thereof ``each odd-
numbered year''.
    \4\ 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 two fiscal 
        years preceding \5\ the fiscal year in which the report 
        is submitted, including, particularly, the status of 
        recommendations made during such preceding fiscal years 
        \5\ 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.
---------------------------------------------------------------------------
    \5\ Sec. 1256(d)(2)(A) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 404) struck out 
``fiscal year preceding'' and inserted in lieu thereof ``two fiscal 
years preceding''. Sec. 1256(d)(2)(B) struck out ``preceding fiscal 
year'' and inserted in lieu thereof ``preceding fiscal years''.
---------------------------------------------------------------------------
          (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) \6\ 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.
---------------------------------------------------------------------------
    \6\ 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) \7\ 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).
---------------------------------------------------------------------------
    \7\ 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) \7\ 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 \8\ 
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 \9\ weapons of 
mass destruction by organized crime organizations in Eastern 
Europe, the Baltic countries,\10\ 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.\11\
---------------------------------------------------------------------------
    \8\ 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''.
    \9\ 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''.
    \10\ 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,''.
    \11\ 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.\12\
---------------------------------------------------------------------------
    \12\ 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.
       p. 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; Public Law 109-163 [National Defense 
  Authorization Act for Fiscal Year 2006; H.R. 1815], 119 Stat. 3136, 
  approved January 6, 2006; and Public Law 110-181 [National Defense 
   Authorization Act for Fiscal Year 2008; H.R. 4986], 122 Stat. 3, 
                       approved January 28, 2008

 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.
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    \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''.
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    (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:
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    \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--
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  ``(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.''.
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    \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''.
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          (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.
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    \5\ Sec. 1504(b)(2) of Public Law 104-106 (110 Stat. 513) struck 
out ``contributes'' and inserted in lieu thereof ``contribute''.
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          (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.
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    \6\ Sec. 1504(b)(3) of Public Law 104-106 (110 Stat. 513) struck 
out ``is'' and inserted in lieu thereof ``are''.
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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:
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    \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).
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          (A) The Secretary of Defense.
          (B) \9\ The Secretary of Energy.
          (C) \9\ The Director of National Intelligence.\10\
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    \10\ Sec. 1256(a)(1) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 403) struck out 
``Director of Central Intelligence'' and inserted in lieu thereof 
``Director of National Intelligence''.
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          (D) \9\ The Chairman of the Joint Chiefs of Staff.
          (E) \11\ The Secretary of State.
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    \11\ Sec. 1256(a)(2) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 403) added subparas. 
(E) and (F).
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          (F) \11\ The Secretary of Homeland Security.
    (2) The Secretary of Defense shall chair the committee. The 
Secretary of Energy shall serve as the Vice Chairman of the 
committee.\12\
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    \12\ 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.''.
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    (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 
\13\ 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.\14\
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    \13\ 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''.
    \14\ 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.''.
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    (5) \15\ 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.
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    \15\ 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.''.
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    (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 \16\ 
                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; 
                \17\ and
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    \16\ Sec. 1502(b)(1) of Public Law 103-337 (108 Stat. 2915) struck 
out ``nonproliferation policy'' and inserted in lieu thereof 
``counterproliferation policy''.
    \17\ 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''.
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                  (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) \18\ To establish priorities for programs and 
        funding.
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    \18\ Sec. 1502(b)(2) of Public Law 103-337 (108 Stat. 2915) added 
paras. (3) through (6).
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          (4) \18\ 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) \18\ To ensure that Department of Energy programs 
        are integrated with the operational needs of other 
        departments and agencies of the Government.
          (6) \18\ 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 \19\ with regard to--
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    \19\ 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''.
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                  (A) intelligence;
                  (B) battlefield surveillance;
                  (C) passive defenses;
                  (D) active defenses; and \20\
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    \20\ 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.
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                  (E) counterforce capabilities;
          (2) \21\ prescribe requirements and priorities for 
        the development and deployment of highly effective 
        capabilities and technologies; \22\
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    \21\ 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;
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* * * * * * *
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    ``(7) in carrying out the other duties of the committee, ensure 
that all types of counterproliferation actions are considered.''.
    \22\ 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)).
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          (3) \21\ identify deficiencies in existing 
        capabilities and technologies;
          (4) \21\ 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) \23\ 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.
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    \23\ Sec. 1502(c)(5) of Public Law 103-337 (108 Stat. 2915) added 
para. (5).
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    (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 Department of State, the Department of Homeland 
Security,\24\ the intelligence community, and the Arms Control 
and Disarmament Agency that are pertinent to the purposes and 
duties of the committee.
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    \24\ Sec. 1256(b) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 403) added ``the 
Department of State, the Department of Homeland Security,''.
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    (e) \25\ 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.
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    \25\ 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.''.
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    (f) Termination of Committee.--The committee shall cease to 
exist at the end of September 30, 2013.\26\
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    \26\ 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. 1256(c) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
403) struck out ``2008'' and inserted in lieu thereof ``2013''.
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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.\27\
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    \27\ 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.
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          (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.\28\ 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.
---------------------------------------------------------------------------
    \28\ 22 U.S.C. 5952 note.
---------------------------------------------------------------------------
    (b) \29\ 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--
---------------------------------------------------------------------------
    \29\ 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.
       q. 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 2008, 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 159 of this volume.
---------------------------------------------------------------------------

                     TITLE XV--NONPROLIFERATION \7\

          * * * * * * *
---------------------------------------------------------------------------
    \7\ For text of this title, the ``Weapons of Mass Destruction 
Control Act of 1992'', see page 335 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 342 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.
          * * * * * * *
  r. 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.
          * * * * * * *
       s. 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 2008, 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 2008, vol. I-A.
  t. 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.
          * * * * * * *
        u. 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.
          * * * * * * *
  v. 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.
          * * * * * * *
            w. 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.
          * * * * * * *
            x. 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; Public Law 100-456 [National Defense Authorization Act for 
 Fiscal Year 1989, H.R. 4481], 102 Stat. 1918, approved September 29, 
  1988; and Public Law 103-199 [FRIENDSHIP Act; H.R. 3000], 103 Stat. 
                    2317, approved December 17, 1993

   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.
          * * * * * * *
            y. 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....................................................   727
      a. War Powers Resolution (Public Law 93-148)...............   727
      b. National Emergencies....................................   733
            (1) National Emergencies Act, as amended (Public Law 
                94-412)..........................................   733
            (2) Declaration of National Emergency by Reason of 
                Certain Terrorist Attacks (Proclamation 7463)....   738
            (3) National Emergency Construction Authority 
                (Executive Order 13235)..........................   739
      c. Authorization for Use of Military Force Against Iraq 
          Resolution of 2002 (Public Law 107-243)................   740
      d. Response to Terrorist Attacks of September 11, 2001.....   746
            (1) Authorization for Use of Military Force in 
                Response to Terrorist Attacks of September 11, 
                2001 (Public Law 107-40).........................   746
            (2) Military Commissions Act of 2006 (Public Law 109-
                366).............................................   747
            (3) Detention, Treatment, and Trial of Certain Non-
                Citizens in the War Against Terrorism (Military 
                Order of November 13, 2001) (superseded).........   759
            (4) Trial of Alien Unlawful Enemy Combatants by 
                Military Commission (Executive Order 13425)......   763
            (5) Interpretation of the Geneva Conventions Common 
                Article 3 as Applied to a Program of Detention 
                and Interrogation Operated by the Central 
                Intelligence Agency (Executive Order 13440)......   764
      e. United States Policy Toward Haiti (Public Law 103-423)..   767
      f. Authorization for Use of Military Force Against Iraq 
          (Public Law 102-1).....................................   770
      g. Authorization for Use of Military Force in Somalia 
          (Public Law 103-139) (partial text)....................   772
      h. U.S. Armed Forces in Somalia (Public Law 103-160) 
          (partial text).........................................   774
      i. United States Military Forces in Lebanon................   776
            (1) Multinational Force in Lebanon Resolution (Public 
                Law 98-119)......................................   776
            (2) Agreement Between the United States and Lebanon 
                Regarding U.S. Participation in the Multinational 
                Force, Dated September 30, 1982..................   780
2. American Servicemembers' Protection Act of 2002 (Public Law 
    107-206) (partial text)......................................   783
3. Cuban Resolution (Public Law 87-733)..........................   795
4. Middle East Resolutions and Related Material..................   796
      a. Resolution to Promote Peace and Stability in the Middle 
          East (Public Law 85-7).................................   796
      b. Multinational Force and Observers Participation 
          Resolution (Public Law 97-132).........................   798
      c. Multinational Force and Observers Reports (Executive 
          Order 12361)...........................................   803
      d. Implementing the United States Proposal for the Early-
          Warning System in Sinai (Public Law 94-110)............   804
5. Tonkin Gulf Resolution (Public Law 88-408) (repealed).........   806
6. National Commitment (Senate Resolution 85, 91st Congress).....   808
7. North Atlantic Alliance.......................................   809
      a. NATO Freedom Consolidation Act of 2007 (Public Law 110-
          17)....................................................   809
      b. European Security Act of 1998 (Public Law 105-277) 
          (partial text).........................................   816
      c. NATO Enlargement Facilitation Act of 1996 (Public Law 
          104-208) (partial text)................................   823
      d. NATO Participation Act of 1994 (Public Law 103-447) 
          (partial text).........................................   830
      e. Reaffirming the United States Commitment to the North 
          Atlantic Alliance (Public Law 96-9)....................   835
      f. Reaffirming the Unity of the North Atlantic Alliance 
          Commitment (Public Law 95-287).........................   836
8. Taiwan Relations..............................................   837
      a. Taiwan Relations Act (Public Law 96-8)..................   837
      b. Participation of Taiwan in the World Health Organization 
          (Public Law 108-235)...................................   847
      c. American Institute in Taiwan Facilities Enhancement Act 
          (Public Law 106-212)...................................   850
      d. Maintaining Unofficial Relations With the People of 
          Taiwan (Executive Order 13014).........................   852
9. Panama Canal..................................................   855
      a. Panama Canal Act of 1979 (Public Law 96-70) (partial 
          text)..................................................   855
      b. Panama Canal Commission Compensation Fund Act of 1988 
          (Public Law 100-705) (partial text)....................   918
      c. Panama Canal--Report to Congress (Public Law 100-203) 
          (partial text).........................................   921
      d. Delegation of Panama Canal Functions (Executive Order 
          12215).................................................   922

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

                             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 767 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 769 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 771 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 
764 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 764, 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 
737 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 743 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 2008, 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

              (1) 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.
 (2) Declaration of National Emergency by Reason of Certain Terrorist 
                              Attacks \1\

Proclamation 7463 of September 14, 2001, 66 F.R. 48199, 50 U.S.C. 1621 
                                  note

    By the President of the United States of America
---------------------------------------------------------------------------
    \1\ The President continued this national emergency in a Notice of 
September 12, 2002 (67 F.R. 58317; September 13, 2002); a Notice of 
September 10, 2003 (68 F.R. 53665; September 12, 2003); a Notice of 
September 10, 2004 (69 F.R. 55313; September 13, 2004); a Notice of 
September 8, 2005 (70 F.R. 54229; September 13, 2005); a Notice of 
September 5, 2006 (71 F.R. 52733; September 7, 2006); a Notice of 
September 12, 2007 (72 F.R. 52465; September 13, 2007); and a Notice of 
August 28, 2008 (73 F.R. 51211; September 2, 2008).
---------------------------------------------------------------------------

    A Proclamation

    A national emergency exists by reason of the terrorist 
attacks at the World Trade Center, New York, New York, and the 
Pentagon, and the continuing and immediate threat of further 
attacks on the United States.
    NOW, THEREFORE, I, GEORGE W. BUSH, President of the United 
States of America, by virtue of the authority vested in me as 
President by the Constitution and the laws of the United 
States, I hereby declare that the national emergency has 
existed since September 11, 2001, and, pursuant to the National 
Emergencies Act (50 U.S.C. 1601 et seq.), I intend to utilize 
the following statutes: sections 123, 123a, 527, 2201(c), 
12006, and 12302 of title 10, United States Code, and sections 
331, 359, and 367 of title 14, United States Code.
    This proclamation immediately shall be published in the 
Federal Register or disseminated through the Emergency Federal 
Register, and transmitted to the Congress.
    This proclamation is not intended to create any right or 
benefit, substantive or procedural, enforceable at law by a 
party against the United States, its agencies, its officers, or 
any person.
    IN WITNESS WHEREOF, I have hereunto set my hand this 
fourteenth day of September, in the year of our Lord two 
thousand one, and of the Independence of the United States of 
America the two hundred and twenty-sixth.
             (3) National Emergency Construction Authority

       Executive Order 13235, 66 F.R. 58343, 10 U.S.C. 2808 note

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the National Emergencies Act (50 U.S.C. 1601 et 
seq.), and section 301 of title 3, United States Code, I 
declared a national emergency that requires the use of the 
Armed Forces of the United States, by Proclamation 7463 of 
September 14, 2001, because of the terrorist attacks on the 
World Trade Center and the Pentagon, and because of the 
continuing and immediate threat to the national security of the 
United States of further terrorist attacks. To provide 
additional authority to the Department of Defense to respond to 
that threat, and in accordance with section 301 of the National 
Emergencies Act (50 U.S.C. 1631), I hereby order that the 
emergency construction authority at 10 U.S.C. 2808 is invoked 
and made available in accordance with its terms to the 
Secretary of Defense and, at the discretion of the Secretary of 
Defense, to the Secretaries of the military departments.
 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. Response to Terrorist Attacks of September 11, 2001

 (1) 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.
                  (2) Military Commissions Act of 2006

Public Law 109-366 [S. 3930], 120 Stat. 2600, approved October 17, 2006

AN ACT To authorize trial by military commission for violations of the 
                  law of war, 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 ``Military 
Commissions Act of 2006''.
---------------------------------------------------------------------------
    \1\ 10 U.S.C. 948a note.
---------------------------------------------------------------------------
    (b) * * *

SEC. 2.\1\ CONSTRUCTION OF PRESIDENTIAL AUTHORITY TO ESTABLISH MILITARY 
                    COMMISSIONS.

    The authority to establish military commissions under 
chapter 47A of title 10, United States Code, as added by 
section 3(a), may not be construed to alter or limit the 
authority of the President under the Constitution of the United 
States and laws of the United States to establish military 
commissions for areas declared to be under martial law or in 
occupied territories should circumstances so require.

SEC. 3. MILITARY COMMISSIONS.

    (a) Military Commissions.--
          (1) In general.--Subtitle A of title 10, United 
        States Code, is amended by inserting after chapter 47 
        the following new chapter:

                  ``CHAPTER 47A--MILITARY COMMISSIONS

          * * * * * * *

                   ``SUBCHAPTER I--GENERAL PROVISIONS

          * * * * * * *

``Sec. 948a. Definitions

    ``In this chapter:
          ``(1) Unlawful enemy combatant.--(A) The term 
        `unlawful enemy combatant' means--
                  ``(i) a person who has engaged in hostilities 
                or who has purposefully and materially 
                supported hostilities against the United States 
                or its co-belligerents who is not a lawful 
                enemy combatant (including a person who is part 
                of the Taliban, al Qaeda, or associated 
                forces); or
                  ``(ii) a person who, before, on, or after the 
                date of the enactment of the Military 
                Commissions Act of 2006, has been determined to 
                be an unlawful enemy combatant by a Combatant 
                Status Review Tribunal or another competent 
                tribunal established under the authority of the 
                President or the Secretary of Defense.
          ``(B) Co-belligerent.--In this paragraph, the term 
        `cobelligerent', with respect to the United States, 
        means any State or armed force joining and directly 
        engaged with the United States in hostilities or 
        directly supporting hostilities against a common enemy.
          ``(2) Lawful enemy combatant.--The term `lawful enemy 
        combatant' means a person who is--
                  ``(A) a member of the regular forces of a 
                State party engaged in hostilities against the 
                United States;
                  ``(B) a member of a militia, volunteer corps, 
                or organized resistance movement belonging to a 
                State party engaged in such hostilities, which 
                are under responsible command, wear a fixed 
                distinctive sign recognizable at a distance, 
                carry their arms openly, and abide by the law 
                of war; or
                  ``(C) a member of a regular armed force who 
                professes allegiance to a government engaged in 
                such hostilities, but not recognized by the 
                United States.
          ``(3) Alien.--The term `alien' means a person who is 
        not a citizen of the United States.
          ``(4) Classified information.--The term `classified 
        information' means the following:
                  ``(A) Any information or material that has 
                been determined by the United States Government 
                pursuant to statute, Executive order, or 
                regulation to require protection against 
                unauthorized disclosure for reasons of national 
                security.
                  ``(B) Any restricted data, as that term is 
                defined in section 11 y. of the Atomic Energy 
                Act of 1954 (42 U.S.C. 2014(y)).
          ``(5) Geneva conventions.--The term `Geneva 
        Conventions' means the international conventions signed 
        at Geneva on August 12, 1949.

``Sec. 948b. Military commissions generally

    ``(a) Purpose.--This chapter establishes procedures 
governing the use of military commissions to try alien unlawful 
enemy combatants engaged in hostilities against the United 
States for violations of the law of war and other offenses 
triable by military commission.
    ``(b) Authority for Military Commissions Under This 
Chapter.--The President is authorized to establish military 
commissions under this chapter for offenses triable by military 
commission as provided in this chapter.
    ``(c) Construction of Provisions.--The procedures for 
military commissions set forth in this chapter are based upon 
the procedures for trial by general courts-martial under 
chapter 47 of this title (the Uniform Code of Military 
Justice). Chapter 47 of this title does not, by its terms, 
apply to trial by military commission except as specifically 
provided in this chapter. The judicial construction and 
application of that chapter are not binding on military 
commissions established under this chapter.
    ``(d) Inapplicability of Certain Provisions.--(1) The 
following provisions of this title shall not apply to trial by 
military commission under this chapter:
          ``(A) Section 810 (article 10 of the Uniform Code of 
        Military Justice), relating to speedy trial, including 
        any rule of courts-martial relating to speedy trial.
          ``(B) Sections 831(a), (b), and (d) (articles 31(a), 
        (b), and (d) of the Uniform Code of Military Justice), 
        relating to compulsory self-incrimination.
          ``(C) Section 832 (article 32 of the Uniform Code of 
        Military Justice), relating to pretrial investigation.
    ``(2) Other provisions of chapter 47 of this title shall 
apply to trial by military commission under this chapter only 
to the extent provided by this chapter.
    ``(e) Treatment of Rulings and Precedents.--The findings, 
holdings, interpretations, and other precedents of military 
commissions under this chapter may not be introduced or 
considered in any hearing, trial, or other proceeding of a 
court-martial convened under chapter 47 of this title. The 
findings, holdings, interpretations, and other precedents of 
military commissions under this chapter may not form the basis 
of any holding, decision, or other determination of a court-
martial convened under that chapter.
    ``(f) Status of Commissions Under Common Article 3.--A 
military commission established under this chapter is a 
regularly constituted court, affording all the necessary 
`judicial guarantees which are recognized as indispensable by 
civilized peoples' for purposes of common Article 3 of the 
Geneva Conventions.
    ``(g) Geneva Conventions Not Establishing Source of 
Rights.--No alien unlawful enemy combatant subject to trial by 
military commission under this chapter may invoke the Geneva 
Conventions as a source of rights.

``Sec. 948c. Persons subject to military commissions

    ``Any alien unlawful enemy combatant is subject to trial by 
military commission under this chapter.

``Sec. 948d. Jurisdiction of military commissions

    ``(a) Jurisdiction.--A military commission under this 
chapter shall have jurisdiction to try any offense made 
punishable by this chapter or the law of war when committed by 
an alien unlawful enemy combatant before, on, or after 
September 11, 2001.
    ``(b) Lawful Enemy Combatants.--Military commissions under 
this chapter shall not have jurisdiction over lawful enemy 
combatants. Lawful enemy combatants who violate the law of war 
are subject to chapter 47 of this title. Courts-martial 
established under that chapter shall have jurisdiction to try a 
lawful enemy combatant for any offense made punishable under 
this chapter.
    ``(c) Determination of Unlawful Enemy Combatant Status 
Dispositive.--A finding, whether before, on, or after the date 
of the enactment of the Military Commissions Act of 2006, by a 
Combatant Status Review Tribunal or another competent tribunal 
established under the authority of the President or the 
Secretary of Defense that a person is an unlawful enemy 
combatant is dispositive for purposes of jurisdiction for trial 
by military commission under this chapter.
    ``(d) Punishments.--A military commission under this 
chapter may, under such limitations as the Secretary of Defense 
may prescribe, adjudge any punishment not forbidden by this 
chapter, including the penalty of death when authorized under 
this chapter or the law of war.

``Sec. 948e. Annual report to congressional committees

    ``(a) Annual Report Required.--Not later than December 31 
each year, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on any trials conducted by military 
commissions under this chapter during such year.
    ``(b) Form.--Each report under this section shall be 
submitted in unclassified form, but may include a classified 
annex.


          Sec. 3 of this Act also added Subchapters II through 
        VI to the new Chapter 47A of Title 10. Subchapter II 
        (10 U.S.C. 948h-948m) deals with the composition of 
        military tribunals; Subchapter III (10 U.S.C. 948q-
        948s) with pre-trial procedure; Subchapter IV (10 
        U.S.C. 949a-949o) with trial procedure; Subchapter V 
        (10 U.S.C. 949s-949u) with sentences; and Subchapter VI 
        (10 U.S.C. 950a-950j) with post-trial procedure and 
        review of military commissions.



                   ``SUBCHAPTER VII--PUNITIVE MATTERS

          * * * * * * *

``Sec. 950v. Crimes triable by military commissions

    ``(a) Definitions and Construction.--In this section:
          ``(1) Military objective.--The term `military 
        objective' means--
                  ``(A) combatants; and
                  ``(B) those objects during an armed 
                conflict--
                          ``(i) which, by their nature, 
                        location, purpose, or use, effectively 
                        contribute to the opposing force's 
                        warfighting or war-sustaining 
                        capability; and
                          ``(ii) the total or partial 
                        destruction, capture, or neutralization 
                        of which would constitute a definite 
                        military advantage to the attacker 
                        under the circumstances at the time of 
                        the attack.
          ``(2) Protected person.--The term `protected person' 
        means any person entitled to protection under one or 
        more of the Geneva Conventions, including--
                  ``(A) civilians not taking an active part in 
                hostilities;
                  ``(B) military personnel placed hors de 
                combat by sickness, wounds, or detention; and
                  ``(C) military medical or religious 
                personnel.
          ``(3) Protected property.--The term `protected 
        property' means property specifically protected by the 
        law of war (such as buildings dedicated to religion, 
        education, art, science or charitable purposes, 
        historic monuments, hospitals, or places where the sick 
        and wounded are collected), if such property is not 
        being used for military purposes or is not otherwise a 
        military objective. Such term includes objects properly 
        identified by one of the distinctive emblems of the 
        Geneva Conventions, but does not include civilian 
        property that is a military objective.
          ``(4) Construction.--The intent specified for an 
        offense under paragraph (1), (2), (3), (4), or (12) of 
        subsection (b) precludes the applicability of such 
        offense with regard to--
                  ``(A) collateral damage; or
                  ``(B) death, damage, or injury incident to a 
                lawful attack.
    ``(b) Offenses.--The following offenses shall be triable by 
military commission under this chapter at any time without 
limitation:
          ``(1) Murder of protected persons.--Any person 
        subject to this chapter who intentionally kills one or 
        more protected persons shall be punished by death or 
        such other punishment as a military commission under 
        this chapter may direct.
          ``(2) Attacking civilians.--Any person subject to 
        this chapter who intentionally engages in an attack 
        upon a civilian population as such, or individual 
        civilians not taking active part in hostilities, shall 
        be punished, if death results to one or more of the 
        victims, by death or such other punishment as a 
        military commission under this chapter may direct, and, 
        if death does not result to any of the victims, by such 
        punishment, other than death, as a military commission 
        under this chapter may direct.
          ``(3) Attacking civilian objects.--Any person subject 
        to this chapter who intentionally engages in an attack 
        upon a civilian object that is not a military objective 
        shall be punished as a military commission under this 
        chapter may direct.
          ``(4) Attacking protected property.--Any person 
        subject to this chapter who intentionally engages in an 
        attack upon protected property shall be punished as a 
        military commission under this chapter may direct.
          ``(5) Pillaging.--Any person subject to this chapter 
        who intentionally and in the absence of military 
        necessity appropriates or seizes property for private 
        or personal use, without the consent of a person with 
        authority to permit such appropriation or seizure, 
        shall be punished as a military commission under this 
        chapter may direct.
          ``(6) Denying quarter.--Any person subject to this 
        chapter who, with effective command or control over 
        subordinate groups, declares, orders, or otherwise 
        indicates to those groups that there shall be no 
        survivors or surrender accepted, with the intent to 
        threaten an adversary or to conduct hostilities such 
        that there would be no survivors or surrender accepted, 
        shall be punished as a military commission under this 
        chapter may direct.
          ``(7) Taking hostages.--Any person subject to this 
        chapter who, having knowingly seized or detained one or 
        more persons, threatens to kill, injure, or continue to 
        detain such person or persons with the intent of 
        compelling any nation, person other than the hostage, 
        or group of persons to act or refrain from acting as an 
        explicit or implicit condition for the safety or 
        release of such person or persons, shall be punished, 
        if death results to one or more of the victims, by 
        death or such other punishment as a military commission 
        under this chapter may direct, and, if death does not 
        result to any of the victims, by such punishment, other 
        than death, as a military commission under this chapter 
        may direct.
          ``(8) Employing poison or similar weapons.--Any 
        person subject to this chapter who intentionally, as a 
        method of warfare, employs a substance or weapon that 
        releases a substance that causes death or serious and 
        lasting damage to health in the ordinary course of 
        events, through its asphyxiating, bacteriological, or 
        toxic properties, shall be punished, if death results 
        to one or more of the victims, by death or such other 
        punishment as a military commission under this chapter 
        may direct, and, if death does not result to any of the 
        victims, by such punishment, other than death, as a 
        military commission under this chapter may direct.
          ``(9) Using protected persons as a shield.--Any 
        person subject to this chapter who positions, or 
        otherwise takes advantage of, a protected person with 
        the intent to shield a military objective from attack, 
        or to shield, favor, or impede military operations, 
        shall be punished, if death results to one or more of 
        the victims, by death or such other punishment as a 
        military commission under this chapter may direct, and, 
        if death does not result to any of the victims, by such 
        punishment, other than death, as a military commission 
        under this chapter may direct.
          ``(10) Using protected property as a shield.--Any 
        person subject to this chapter who positions, or 
        otherwise takes advantage of the location of, protected 
        property with the intent to shield a military objective 
        from attack, or to shield, favor, or impede military 
        operations, shall be punished as a military commission 
        under this chapter may direct.
          ``(11) Torture.--
                  ``(A) Offense.--Any person subject to this 
                chapter who commits an act specifically 
                intended to inflict severe physical or mental 
                pain or suffering (other than pain or suffering 
                incidental to lawful sanctions) upon another 
                person within his custody or physical control 
                for the purpose of obtaining information or a 
                confession, punishment, intimidation, coercion, 
                or any reason based on discrimination of any 
                kind, shall be punished, if death results to 
                one or more of the victims, by death or such 
                other punishment as a military commission under 
                this chapter may direct, and, if death does not 
                result to any of the victims, by such 
                punishment, other than death, as a military 
                commission under this chapter may direct.
                  ``(B) Severe mental pain or suffering 
                defined.--In this section, the term `severe 
                mental pain or suffering' has the meaning given 
                that term in section 2340(2) of title 18.
          ``(12) Cruel or inhuman treatment.--
                  ``(A) Offense.--Any person subject to this 
                chapter who commits an act intended to inflict 
                severe or serious physical or mental pain or 
                suffering (other than pain or suffering 
                incidental to lawful sanctions), including 
                serious physical abuse, upon another within his 
                custody or control shall be punished, if death 
                results to the victim, by death or such other 
                punishment as a military commission under this 
                chapter may direct, and, if death does not 
                result to the victim, by such punishment, other 
                than death, as a military commission under this 
                chapter may direct.
                  ``(B) Definitions.--In this paragraph:
                          ``(i) The term `serious physical pain 
                        or suffering' means bodily injury that 
                        involves--
                                  ``(I) a substantial risk of 
                                death;
                                  ``(II) extreme physical pain;
                                  ``(III) a burn or physical 
                                disfigurement of a serious 
                                nature (other than cuts, 
                                abrasions, or bruises); or
                                  ``(IV) significant loss or 
                                impairment of the function of a 
                                bodily member, organ, or mental 
                                faculty.
                          ``(ii) The term `severe mental pain 
                        or suffering' has the meaning given 
                        that term in section 2340(2) of title 
                        18.
                          ``(iii) The term `serious mental pain 
                        or suffering' has the meaning given the 
                        term `severe mental pain or suffering' 
                        in section 2340(2) of title 18, except 
                        that--
                                  ``(I) the term `serious' 
                                shall replace the term `severe' 
                                where it appears; and
                                  ``(II) as to conduct 
                                occurring after the date of the 
                                enactment of the Military 
                                Commissions Act of 2006, the 
                                term `serious and non-
                                transitory mental harm (which 
                                need not be prolonged)' shall 
                                replace the term `prolonged 
                                mental harm' where it appears.
          ``(13) Intentionally causing serious bodily injury.--
                  ``(A) Offense.--Any person subject to this 
                chapter who intentionally causes serious bodily 
                injury to one or more persons, including lawful 
                combatants, in violation of the law of war 
                shall be punished, if death results to one or 
                more of the victims, by death or such other 
                punishment as a military commission under this 
                chapter may direct, and, if death does not 
                result to any of the victims, by such 
                punishment, other than death, as a military 
                commission under this chapter may direct.
                  ``(B) Serious bodily injury defined.--In this 
                paragraph, the term `serious bodily injury' 
                means bodily injury which involves--
                          ``(i) a substantial risk of death;
                          ``(ii) extreme physical pain;
                          ``(iii) protracted and obvious 
                        disfigurement; or
                          ``(iv) protracted loss or impairment 
                        of the function of a bodily member, 
                        organ, or mental faculty.
          ``(14) Mutilating or maiming.--Any person subject to 
        this chapter who intentionally injures one or more 
        protected persons by disfiguring the person or persons 
        by any mutilation of the person or persons, or by 
        permanently disabling any member, limb, or organ of the 
        body of the person or persons, without any legitimate 
        medical or dental purpose, shall be punished, if death 
        results to one or more of the victims, by death or such 
        other punishment as a military commission under this 
        chapter may direct, and, if death does not result to 
        any of the victims, by such punishment, other than 
        death, as a military commission under this chapter may 
        direct.
          ``(15) Murder in violation of the law of war.--Any 
        person subject to this chapter who intentionally kills 
        one or more persons, including lawful combatants, in 
        violation of the law of war shall be punished by death 
        or such other punishment as a military commission under 
        this chapter may direct.
          ``(16) Destruction of property in violation of the 
        law of war.--Any person subject to this chapter who 
        intentionally destroys property belonging to another 
        person in violation of the law of war shall punished as 
        a military commission under this chapter may direct.
          ``(17) Using treachery or perfidy.--Any person 
        subject to this chapter who, after inviting the 
        confidence or belief of one or more persons that they 
        were entitled to, or obliged to accord, protection 
        under the law of war, intentionally makes use of that 
        confidence or belief in killing, injuring, or capturing 
        such person or persons shall be punished, if death 
        results to one or more of the victims, by death or such 
        other punishment as a military commission under this 
        chapter may direct, and, if death does not result to 
        any of the victims, by such punishment, other than 
        death, as a military commission under this chapter may 
        direct.
          ``(18) Improperly using a flag of truce.--Any person 
        subject to this chapter who uses a flag of truce to 
        feign an intention to negotiate, surrender, or 
        otherwise suspend hostilities when there is no such 
        intention shall be punished as a military commission 
        under this chapter may direct.
          ``(19) Improperly using a distinctive emblem.--Any 
        person subject to this chapter who intentionally uses a 
        distinctive emblem recognized by the law of war for 
        combatant purposes in a manner prohibited by the law of 
        war shall be punished as a military commission under 
        this chapter may direct.
          ``(20) Intentionally mistreating a dead body.--Any 
        person subject to this chapter who intentionally 
        mistreats the body of a dead person, without 
        justification by legitimate military necessity, shall 
        be punished as a military commission under this chapter 
        may direct.
          ``(21) Rape.--Any person subject to this chapter who 
        forcibly or with coercion or threat of force wrongfully 
        invades the body of a person by penetrating, however 
        slightly, the anal or genital opening of the victim 
        with any part of the body of the accused, or with any 
        foreign object, shall be punished as a military 
        commission under this chapter may direct.
          ``(22) Sexual assault or abuse.--Any person subject 
        to this chapter who forcibly or with coercion or threat 
        of force engages in sexual contact with one or more 
        persons, or causes one or more persons to engage in 
        sexual contact, shall be punished as a military 
        commission under this chapter may direct.
          ``(23) Hijacking or hazarding a vessel or aircraft.--
        Any person subject to this chapter who intentionally 
        seizes, exercises unauthorized control over, or 
        endangers the safe navigation of a vessel or aircraft 
        that is not a legitimate military objective shall be 
        punished, if death results to one or more of the 
        victims, by death or such other punishment as a 
        military commission under this chapter may direct, and, 
        if death does not result to any of the victims, by such 
        punishment, other than death, as a military commission 
        under this chapter may direct.
          ``(24) Terrorism.--Any person subject to this chapter 
        who intentionally kills or inflicts great bodily harm 
        on one or more protected persons, or intentionally 
        engages in an act that evinces a wanton disregard for 
        human life, in a manner calculated to influence or 
        affect the conduct of government or civilian population 
        by intimidation or coercion, or to retaliate against 
        government conduct, shall be punished, if death results 
        to one or more of the victims, by death or such other 
        punishment as a military commission under this chapter 
        may direct, and, if death does not result to any of the 
        victims, by such punishment, other than death, as a 
        military commission under this chapter may direct.
          ``(25) Providing material support for terrorism.--
                  ``(A) Offense.--Any person subject to this 
                chapter who provides material support or 
                resources, knowing or intending that they are 
                to be used in preparation for, or in carrying 
                out, an act of terrorism (as set forth in 
                paragraph (24)), or who intentionally provides 
                material support or resources to an 
                international terrorist organization engaged in 
                hostilities against the United States, knowing 
                that such organization has engaged or engages 
                in terrorism (as so set forth), shall be 
                punished as a military commission under this 
                chapter may direct.
                  ``(B) Material support or resources 
                defined.--In this paragraph, the term `material 
                support or resources' has the meaning given 
                that term in section 2339A(b) of title 18.
          ``(26) Wrongfully aiding the enemy.--Any person 
        subject to this chapter who, in breach of an allegiance 
        or duty to the United States, knowingly and 
        intentionally aids an enemy of the United States, or 
        one of the co-belligerents of the enemy, shall be 
        punished as a military commission under this chapter 
        may direct.
          ``(27) Spying.--Any person subject to this chapter 
        who with intent or reason to believe that it is to be 
        used to the injury of the United States or to the 
        advantage of a foreign power, collects or attempts to 
        collect information by clandestine means or while 
        acting under false pretenses, for the purpose of 
        conveying such information to an enemy of the United 
        States, or one of the co-belligerents of the enemy, 
        shall be punished by death or such other punishment as 
        a military commission under this chapter may direct.
          ``(28) Conspiracy.--Any person subject to this 
        chapter who conspires to commit one or more substantive 
        offenses triable by military commission under this 
        chapter, and who knowingly does any overt act to effect 
        the object of the conspiracy, shall be punished, if 
        death results to one or more of the victims, by death 
        or such other punishment as a military commission under 
        this chapter may direct, and, if death does not result 
        to any of the victims, by such punishment, other than 
        death, as a military commission under this chapter may 
        direct.
          * * * * * * *

SEC. 5.\2\ TREATY OBLIGATIONS NOT ESTABLISHING GROUNDS FOR CERTAIN 
                    CLAIMS.

    (a) In General.--No person may invoke the Geneva 
Conventions or any protocols thereto in any habeas corpus or 
other civil action or proceeding to which the United States, or 
a current or former officer, employee, member of the Armed 
Forces, or other agent of the United States is a party as a 
source of rights in any court of the United States or its 
States or territories.
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    \2\ 28 U.S.C. 2241 note.
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    (b) Geneva Conventions Defined.--In this section, the term 
``Geneva Conventions'' means--
          (1) the Convention for the Amelioration of the 
        Condition of the Wounded and Sick in Armed Forces in 
        the Field, done at Geneva August 12, 1949 (6 UST 3114);
          (2) the Convention for the Amelioration of the 
        Condition of the Wounded, Sick, and Shipwrecked Members 
        of the Armed Forces at Sea, done at Geneva August 12, 
        1949 (6 UST 3217);
          (3) the Convention Relative to the Treatment of 
        Prisoners of War, done at Geneva August 12, 1949 (6 UST 
        3316); and
          (4) the Convention Relative to the Protection of 
        Civilian Persons in Time of War, done at Geneva August 
        12, 1949 (6 UST 3516).

SEC. 6.\3\ IMPLEMENTATION OF TREATY OBLIGATIONS.

    (a) Implementation of Treaty Obligations.--
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    \3\ 18 U.S.C. 2441 note.
---------------------------------------------------------------------------
          (1) In general.--The acts enumerated in subsection 
        (d) of section 2441 of title 18, United States Code, as 
        added by subsection (b) of this section, and in 
        subsection (c) of this section, constitute violations 
        of common Article 3 of the Geneva Conventions 
        prohibited by United States law.
          (2) Prohibition on grave breaches.--The provisions of 
        section 2441 of title 18, United States Code, as 
        amended by this section, fully satisfy the obligation 
        under Article 129 of the Third Geneva Convention for 
        the United States to provide effective penal sanctions 
        for grave breaches which are encompassed in common 
        Article 3 in the context of an armed conflict not of an 
        international character. No foreign or international 
        source of law shall supply a basis for a rule of 
        decision in the courts of the United States in 
        interpreting the prohibitions enumerated in subsection 
        (d) of such section 2441.
          (3) Interpretation by the president.--
                  (A) As provided by the Constitution and by 
                this section, the President has the authority 
                for the United States to interpret the meaning 
                and application of the Geneva Conventions and 
                to promulgate higher standards and 
                administrative regulations for violations of 
                treaty obligations which are not grave breaches 
                of the Geneva Conventions.
                  (B) The President shall issue interpretations 
                described by subparagraph (A) by Executive 
                Order published in the Federal Register.
                  (C) Any Executive Order published under this 
                paragraph shall be authoritative (except as to 
                grave breaches of common Article 3) as a matter 
                of United States law, in the same manner as 
                other administrative regulations.
                  (D) Nothing in this section shall be 
                construed to affect the constitutional 
                functions and responsibilities of Congress and 
                the judicial branch of the United States.
          (4) Definitions.--In this subsection:
                  (A) Geneva conventions.--The term ``Geneva 
                Conventions'' means--
                          (i) the Convention for the 
                        Amelioration of the Condition of the 
                        Wounded and Sick in Armed Forces in the 
                        Field, done at Geneva August 12, 1949 
                        (6 UST 3217);
                          (ii) the Convention for the 
                        Amelioration of the Condition of the 
                        Wounded, Sick, and Shipwrecked Members 
                        of the Armed Forces at Sea, done at 
                        Geneva August 12, 1949 (6 UST 3217);
                          (iii) the Convention Relative to the 
                        Treatment of Prisoners of War, done at 
                        Geneva August 12, 1949 (6 UST 3316); 
                        and
                          (iv) the Convention Relative to the 
                        Protection of Civilian Persons in Time 
                        of War, done at Geneva August 12, 1949 
                        (6 UST 3516).
                  (B) Third geneva convention.--The term 
                ``Third Geneva Convention'' means the 
                international convention referred to in 
                subparagraph (A)(iii).
    (b) Revision to War Crimes Offense Under Federal Criminal 
Code.--
          (1) In general.--Section 2441 of title 18, United 
        States Code, is amended-- * * *
          (2) * * *
    (c) \4\ Additional Prohibition on Cruel, Inhuman, or 
Degrading Treatment or Punishment.--
---------------------------------------------------------------------------
    \4\ 42 U.S.C. 2000dd-0.
---------------------------------------------------------------------------
          (1) In general.--No individual in the custody or 
        under the physical control of the United States 
        Government, regardless of nationality or physical 
        location, shall be subject to cruel, inhuman, or 
        degrading treatment or punishment.
          (2) Cruel, inhuman, or degrading treatment or 
        punishment defined.--In this subsection, the term 
        ``cruel, inhuman, or degrading treatment or 
        punishment'' means cruel, unusual, and inhumane 
        treatment or punishment prohibited by the Fifth, 
        Eighth, and Fourteenth Amendments to the Constitution 
        of the United States, as defined in the United States 
        Reservations, Declarations and Understandings to the 
        United Nations Convention Against Torture and Other 
        Forms of Cruel, Inhuman or Degrading Treatment or 
        Punishment done at New York, December 10, 1984.
          (3) Compliance.--The President shall take action to 
        ensure compliance with this subsection, including 
        through the establishment of administrative rules and 
        procedures.
          * * * * * * *
(3) Detention, Treatment, and Trial of Certain Non-Citizens in the War 
                           Against Terrorism

   Military Order of November 13, 2001, 66 F.R. 57833, superseded by 
                         Executive Order 13425

    By the authority vested in me as President and as Commander 
in Chief of the Armed Forces of the United States by the 
Constitution and the laws of the United States of America, 
including the Authorization for Use of Military Force Joint 
Resolution (Public Law 107-40, 115 Stat. 224) and sections 821 
and 836 of title 10, United States Code, it is hereby ordered 
as follows:
    Section 1. Findings.
    (a) International terrorists, including members of al 
Qaida, have carried out attacks on United States diplomatic and 
military personnel and facilities abroad and on citizens and 
property within the United States on a scale that has created a 
state of armed conflict that requires the use of the United 
States Armed Forces.
    (b) In light of grave acts of terrorism and threats of 
terrorism, including the terrorist attacks on September 11, 
2001, on the headquarters of the United States Department of 
Defense in the national capital region, on the World Trade 
Center in New York, and on civilian aircraft such as in 
Pennsylvania, I proclaimed a national emergency on September 
14, 2001 (Proc. 7463, Declaration of National Emergency by 
Reason of Certain Terrorist Attacks).\1\
---------------------------------------------------------------------------
    \1\ 66 F.R. 48199, 50 U.S.C. 1621 note.
---------------------------------------------------------------------------
    (c) Individuals acting alone and in concert involved in 
international terrorism possess both the capability and the 
intention to undertake further terrorist attacks against the 
United States that, if not detected and prevented, will cause 
mass deaths, mass injuries, and massive destruction of 
property, and may place at risk the continuity of the 
operations of the United States Government.
    (d) The ability of the United States to protect the United 
States and its citizens, and to help its allies and other 
cooperating nations protect their nations and their citizens, 
from such further terrorist attacks depends in significant part 
upon using the United States Armed Forces to identify 
terrorists and those who support them, to disrupt their 
activities, and to eliminate their ability to conduct or 
support such attacks.
    (e) To protect the United States and its citizens, and for 
the effective conduct of military operations and prevention of 
terrorist attacks, it is necessary for individuals subject to 
this order pursuant to section 2 hereof to be detained, and, 
when tried, to be tried for violations of the laws of war and 
other applicable laws by military tribunals.
    (f) Given the danger to the safety of the United States and 
the nature of international terrorism, and to the extent 
provided by and under this order, I find consistent with 
section 836 of title 10, United States Code, that it is not 
practicable to apply in military commissions under this order 
the principles of law and the rules of evidence generally 
recognized in the trial of criminal cases in the United States 
district courts.
    (g) Having fully considered the magnitude of the potential 
deaths, injuries, and property destruction that would result 
from potential acts of terrorism against the United States, and 
the probability that such acts will occur, I have determined 
that an extraordinary emergency exists for national defense 
purposes, that this emergency constitutes an urgent and 
compelling government interest, and that issuance of this order 
is necessary to meet the emergency.
    Sec. 2. Definition and Policy.
    (a) The term ``individual subject to this order'' shall 
mean any individual who is not a United States citizen with 
respect to whom I determine from time to time in writing that:
          (1) there is reason to believe that such individual, 
        at the relevant times,
                  (i) is or was a member of the organization 
                known as al Qaida;
                  (ii) has engaged in, aided or abetted, or 
                conspired to commit, acts of international 
                terrorism, or acts in preparation therefor, 
                that have caused, threaten to cause, or have as 
                their aim to cause, injury to or adverse 
                effects on the United States, its citizens, 
                national security, foreign policy, or economy; 
                or
                  (iii) has knowingly harbored one or more 
                individuals described in subparagraphs (i) or 
                (ii) of subsection 2(a)(1) of this order; and
          (2) it is in the interest of the United States that 
        such individual be subject to this order.
    (b) It is the policy of the United States that the 
Secretary of Defense shall take all necessary measures to 
ensure that any individual subject to this order is detained in 
accordance with section 3, and, if the individual is to be 
tried, that such individual is tried only in accordance with 
section 4.
    (c) It is further the policy of the United States that any 
individual subject to this order who is not already under the 
control of the Secretary of Defense but who is under the 
control of any other officer or agent of the United States or 
any State shall, upon delivery of a copy of such written 
determination to such officer or agent, forthwith be placed 
under the control of the Secretary of Defense.
    Sec. 3. Detention Authority of the Secretary of Defense. 
Any individual subject to this order shall be --
    (a) detained at an appropriate location designated by the 
Secretary of Defense outside or within the United States;
    (b) treated humanely, without any adverse distinction based 
on race, color, religion, gender, birth, wealth, or any similar 
criteria;
    (c) afforded adequate food, drinking water, shelter, 
clothing, and medical treatment;
    (d) allowed the free exercise of religion consistent with 
the requirements of such detention; and
    (e) detained in accordance with such other conditions as 
the Secretary of Defense may prescribe.
    Sec. 4. Authority of the Secretary of Defense Regarding 
Trials of Individuals Subject to this Order.
    (a) Any individual subject to this order shall, when tried, 
be tried by military commission for any and all offenses 
triable by military commission that such individual is alleged 
to have committed, and may be punished in accordance with the 
penalties provided under applicable law, including life 
imprisonment or death.
    (b) As a military function and in light of the findings in 
section 1, including subsection (f) thereof, the Secretary of 
Defense shall issue such orders and regulations, including 
orders for the appointment of one or more military commissions, 
as may be necessary to carry out subsection (a) of this 
section.
    (c) Orders and regulations issued under subsection (b) of 
this section shall include, but not be limited to, rules for 
the conduct of the proceedings of military commissions, 
including pretrial, trial, and post-trial procedures, modes of 
proof, issuance of process, and qualifications of attorneys, 
which shall at a minimum provide for--
          (1) military commissions to sit at any time and any 
        place, consistent with such guidance regarding time and 
        place as the Secretary of Defense may provide;
          (2) a full and fair trial, with the military 
        commission sitting as the triers of both fact and law;
          (3) admission of such evidence as would, in the 
        opinion of the presiding officer of the military 
        commission (or instead, if any other member of the 
        commission so requests at the time the presiding 
        officer renders that opinion, the opinion of the 
        commission rendered at that time by a majority of the 
        commission), have probative value to a reasonable 
        person;
          (4) in a manner consistent with the protection of 
        information classified or classifiable under Executive 
        Order 12958 of April 17, 1995, as amended, or any 
        successor Executive Order, protected by statute or rule 
        from unauthorized disclosure, or otherwise protected by 
        law, (A) the handling of, admission into evidence of, 
        and access to materials and information, and (B) the 
        conduct, closure of, and access to proceedings;
          (5) conduct of the prosecution by one or more 
        attorneys designated by the Secretary of Defense and 
        conduct of the defense by attorneys for the individual 
        subject to this order;
          (6) conviction only upon the concurrence of two-
        thirds of the members of the commission present at the 
        time of the vote, a majority being present;
          (7) sentencing only upon the concurrence of two-
        thirds of the members of the commission present at the 
        time of the vote, a majority being present; and
          (8) submission of the record of the trial, including 
        any conviction or sentence, for review and final 
        decision by me or by the Secretary of Defense if so 
        designated by me for that purpose.
    Sec. 5. Obligation of Other Agencies to Assist the 
Secretary of Defense.
    Departments, agencies, entities, and officers of the United 
States shall, to the maximum extent permitted by law, provide 
to the Secretary of Defense such assistance as he may request 
to implement this order.
    Sec. 6. Additional Authorities of the Secretary of Defense.
    (a) As a military function and in light of the findings in 
section 1, the Secretary of Defense shall issue such orders and 
regulations as may be necessary to carry out any of the 
provisions of this order.
    (b) The Secretary of Defense may perform any of his 
functions or duties, and may exercise any of the powers 
provided to him under this order (other than under section 
4(c)(8) hereof) in accordance with section 113(d) of title 10, 
United States Code.
    Sec. 7. Relationship to Other Law and Forums.
    (a) Nothing in this order shall be construed to--
          (1) authorize the disclosure of state secrets to any 
        person not otherwise authorized to have access to them;
          (2) limit the authority of the President as Commander 
        in Chief of the Armed Forces or the power of the 
        President to grant reprieves and pardons; or
          (3) limit the lawful authority of the Secretary of 
        Defense, any military commander, or any other officer 
        or agent of the United States or of any State to detain 
        or try any person who is not an individual subject to 
        this order.
    (b) With respect to any individual subject to this order--
          (1) military tribunals shall have exclusive 
        jurisdiction with respect to offenses by the 
        individual; and
          (2) the individual shall not be privileged to seek 
        any remedy or maintain any proceeding, directly or 
        indirectly, or to have any such remedy or proceeding 
        sought on the individual's behalf, in (i) any court of 
        the United States, or any State thereof, (ii) any court 
        of any foreign nation, or (iii) any international 
        tribunal.
    (c) This order is not intended to and does not create any 
right, benefit, or privilege, substantive or procedural, 
enforceable at law or equity by any party, against the United 
States, its departments, agencies, or other entities, its 
officers or employees, or any other person.
    (d) For purposes of this order, the term ``State'' includes 
any State, district, territory, or possession of the United 
States.
    (e) I reserve the authority to direct the Secretary of 
Defense, at any time hereafter, to transfer to a governmental 
authority control of any individual subject to this order. 
Nothing in this order shall be construed to limit the authority 
of any such governmental authority to prosecute any individual 
for whom control is transferred.
    Sec. 8. Publication.
    This order shall be published in the Federal Register.
  (4) Trial of Alien Unlawful Enemy Combatants by Military Commission

Executive Order 13425, February 14, 2007, 72 F.R. 7737, 10 U.S.C. 948b 
                                  note

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America, 
including the Military Commissions Act of 2006 (Public Law 109-
366), the Authorization for Use of Military Force (Public Law 
107-40), and section 948b(b) of title 10, United States Code, 
it is hereby ordered as follows:
    Section 1. Establishment of Military Commissions. There are 
hereby established military commissions to try alien unlawful 
enemy combatants for offenses triable by military commission as 
provided in chapter 47A of title 10.
    Sec. 2. Definitions. As used in this order:
    (a) ``unlawful enemy combatant'' has the meaning provided 
for that term in section 948a(1) of title 10; and
    (b) ``alien'' means a person who is not a citizen of the 
United States.
    Sec. 3. Supersedure. This order supersedes any provision of 
the President's Military Order of November 13, 2001 (66 Fed. 
Reg. 57,833), that relates to trial by military commission, 
specifically including:
    (a) section 4 of the Military Order; and
    (b) any requirement in section 2 of the Military Order, as 
it relates to trial by military commission, for a determination 
of:
          (i) reason to believe specified matters; or
          (ii) the interest of the United States.
    Sec. 4. General Provisions. (a) This order shall be 
implemented in accordance with applicable law and subject to 
the availability of appropriations.
    (b) The heads of executive departments and agencies shall 
provide such information and assistance to the Secretary of 
Defense as may be necessary to implement this order and chapter 
47A of title 10.
   (5) Interpretation of the Geneva Conventions Common Article 3 as 
  Applied to a Program of Detention and Interrogation Operated by the 
                      Central Intelligence Agency

  Executive Order 13440, July 20, 2007, 72 F.R. 40707, 18 U.S.C. 2441 
                                  note

    By the authority vested in me as President and Commander in 
Chief of the Armed Forces by the Constitution and the laws of 
the United States of America, including the Authorization for 
Use of Military Force (Public Law 107-40), the Military 
Commissions Act of 2006 (Public Law 109-366), and section 301 
of title 3, United States Code, it is hereby ordered as 
follows:
    Section 1. General Determinations. (a) The United States is 
engaged in an armed conflict with al Qaeda, the Taliban, and 
associated forces. Members of al Qaeda were responsible for the 
attacks on the United States of September 11, 2001, and for 
many other terrorist attacks, including against the United 
States, its personnel, and its allies throughout the world. 
These forces continue to fight the United States and its allies 
in Afghanistan, Iraq, and elsewhere, and they continue to plan 
additional acts of terror throughout the world. On February 7, 
2002, I determined for the United States that members of al 
Qaeda, the Taliban, and associated forces are unlawful enemy 
combatants who are not entitled to the protections that the 
Third Geneva Convention provides to prisoners of war. I hereby 
reaffirm that determination.
    (b) The Military Commissions Act defines certain 
prohibitions of Common Article 3 for United States law, and it 
reaffirms and reinforces the authority of the President to 
interpret the meaning and application of the Geneva 
Conventions.
    Sec. 2. Definitions. As used in this order:
    (a) ``Common Article 3'' means Article 3 of the Geneva 
Conventions.
    (b) ``Geneva Conventions'' means:
          (i) the Convention for the Amelioration of the 
        Condition of the Wounded and Sick in Armed Forces in 
        the Field, done at Geneva August 12, 1949 (6 UST 3114);
          (ii) the Convention for the Amelioration of the 
        Condition of Wounded, Sick and Shipwrecked Members of 
        Armed Forces at Sea, done at Geneva August 12, 1949 (6 
        UST 3217);
          (iii) the Convention Relative to the Treatment of 
        Prisoners of War, done at Geneva August 12, 1949 (6 UST 
        3316); and
          (iv) the Convention Relative to the Protection of 
        Civilian Persons in Time of War, done at Geneva August 
        12, 1949 (6 UST 3516).
    (c) ``Cruel, inhuman, or degrading treatment or 
punishment'' means the cruel, unusual, and inhumane treatment 
or punishment prohibited by the Fifth, Eighth, and Fourteenth 
Amendments to the Constitution of the United States.
    Sec. 3. Compliance of a Central Intelligence Agency 
Detention and Interrogation Program with Common Article 3. (a) 
Pursuant to the authority of the President under the 
Constitution and the laws of the United States, including the 
Military Commissions Act of 2006, this order interprets the 
meaning and application of the text of Common Article 3 with 
respect to certain detentions and interrogations, and shall be 
treated as authoritative for all purposes as a matter of United 
States law, including satisfaction of the international 
obligations of the United States. I hereby determine that 
Common Article 3 shall apply to a program of detention and 
interrogation operated by the Central Intelligence Agency as 
set forth in this section. The requirements set forth in this 
section shall be applied with respect to detainees in such 
program without adverse distinction as to their race, color, 
religion or faith, sex, birth, or wealth.
    (b) I hereby determine that a program of detention and 
interrogation approved by the Director of the Central 
Intelligence Agency fully complies with the obligations of the 
United States under Common Article 3, provided that:
          (i) the conditions of confinement and interrogation 
        practices of the program do not include:
                  (A) torture, as defined in section 2340 of 
                title 18, United States Code;
                  (B) any of the acts prohibited by section 
                2441(d) of title 18, United States Code, 
                including murder, torture, cruel or inhuman 
                treatment, mutilation or maiming, intentionally 
                causing serious bodily injury, rape, sexual 
                assault or abuse, taking of hostages, or 
                performing of biological experiments;
                  (C) other acts of violence serious enough to 
                be considered comparable to murder, torture, 
                mutilation, and cruel or inhuman treatment, as 
                defined in section 2441(d) of title 18, United 
                States Code;
                  (D) any other acts of cruel, inhuman, or 
                degrading treatment or punishment prohibited by 
                the Military Commissions Act (subsection 6(c) 
                of Public Law 109-366) and the Detainee 
                Treatment Act of 2005 (section 1003 of Public 
                Law 109-148 and section 1403 of Public Law 109-
                163);
                  (E) willful and outrageous acts of personal 
                abuse done for the purpose of humiliating or 
                degrading the individual in a manner so serious 
                that any reasonable person, considering the 
                circumstances, would deem the acts to be beyond 
                the bounds of human decency, such as sexual or 
                sexually indecent acts undertaken for the 
                purpose of humiliation, forcing the individual 
                to perform sexual acts or to pose sexually, 
                threatening the individual with sexual 
                mutilation, or using the individual as a human 
                shield; or
                  (F) acts intended to denigrate the religion, 
                religious practices, or religious objects of 
                the individual;
          (ii) the conditions of confinement and interrogation 
        practices are to be used with an alien detainee who is 
        determined by the Director of the Central Intelligence 
        Agency:
                  (A) to be a member or part of or supporting 
                al Qaeda, the Taliban, or associated 
                organizations; and
                  (B) likely to be in possession of information 
                that:
                          (1) could assist in detecting, 
                        mitigating, or preventing terrorist 
                        attacks, such as attacks within the 
                        United States or against its Armed 
                        Forces or other personnel, citizens, or 
                        facilities, or against allies or other 
                        countries cooperating in the war on 
                        terror with the United States, or their 
                        armed forces or other personnel, 
                        citizens, or facilities; or
                          (2) could assist in locating the 
                        senior leadership of al Qaeda, the 
                        Taliban, or associated forces;
          (iii) the interrogation practices are determined by 
        the Director of the Central Intelligence Agency, based 
        upon professional advice, to be safe for use with each 
        detainee with whom they are used; and
          (iv) detainees in the program receive the basic 
        necessities of life, including adequate food and water, 
        shelter from the elements, necessary clothing, 
        protection from extremes of heat and cold, and 
        essential medical care.
    (c) The Director of the Central Intelligence Agency shall 
issue written policies to govern the program, including 
guidelines for Central Intelligence Agency personnel that 
implement paragraphs (i)(C), (E), and (F) of subsection 3(b) of 
this order, and including requirements to ensure:
          (i) safe and professional operation of the program;
          (ii) the development of an approved plan of 
        interrogation tailored for each detainee in the program 
        to be interrogated, consistent with subsection 3(b)(iv) 
        of this order;
          (iii) appropriate training for interrogators and all 
        personnel operating the program;
          (iv) effective monitoring of the program, including 
        with respect to medical matters, to ensure the safety 
        of those in the program; and
          (v) compliance with applicable law and this order.
    Sec. 4. Assignment of Function. With respect to the program 
addressed in this order, the function of the President under 
section 6(c)(3) of the Military Commissions Act of 2006 is 
assigned to the Director of National Intelligence.
    Sec. 5. General Provisions. (a) Subject to subsection (b) 
of this section, this order is not intended to, and does not, 
create any right or benefit, substantive or procedural, 
enforceable at law or in equity, against the United States, its 
departments, agencies, or other entities, its officers or 
employees, or any other person.
    (b) Nothing in this order shall be construed to prevent or 
limit reliance upon this order in a civil, criminal, or 
administrative proceeding, or otherwise, by the Central 
Intelligence Agency or by any individual acting on behalf of 
the Central Intelligence Agency in connection with the program 
addressed in this order.
                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.
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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 2008, 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; 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; and Public Law 110-181 [National Defense 
   Authorization Act for Fiscal Year 2008; H.R. 4986], 122 Stat. 3, 
                       approved January 28, 2008

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 Section 2005 \4\.--The 
President is authorized to waive the prohibitions and 
requirements of section 2005 \4\ 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.
    \4\ Sec. 1212(b)(1)(A)(i) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 371) struck out 
``Sections 5 and 7'' and inserted in lieu thereof ``Section 2005'' in 
the heading. Sec. 1212(b)(1)(A)(ii) of that Act struck out ``sections 5 
and 7'' from subsec. (a) and inserted in lieu thereof ``section 2005''.
---------------------------------------------------------------------------
          (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 Section 2005 \5\.--The 
President is authorized to waive the prohibitions and 
requirements of section 2005 \5\ 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--
---------------------------------------------------------------------------
    \5\ Sec. 1212(b)(1)(B)(i) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 371) struck out 
``Sections 5 and 7'' and inserted in lieu thereof ``Section 2005'' in 
the heading. Sec. 1212(b)(1)(B)(ii) of that Act struck out ``sections 5 
and 7'' from subsec. (a) and inserted in lieu thereof ``section 2005''.
---------------------------------------------------------------------------
          (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 
                section 2005 \6\ is in effect;
---------------------------------------------------------------------------
    \6\ Sec. 1212(b)(1)(C) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 371) struck out 
``sections 2005 and 2007'' and inserted in lieu thereof ``section 
2005''.
---------------------------------------------------------------------------
                  (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 section 2005 \7\ 
expires and is not extended pursuant to subsection (b).
---------------------------------------------------------------------------
    \7\ Sec. 1212(b)(1)(D) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 371) struck out 
``sections 2005 and 2007'' and inserted in lieu thereof ``section 
2005''.
---------------------------------------------------------------------------
    (e) Termination of Prohibitions of This Title.--The 
prohibitions and requirements of sections 2004, 2005, and 2006 
\8\ 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.
---------------------------------------------------------------------------
    \8\ Sec. 1212(b)(1)(E) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 371) struck out 
``2006, and 2007'' and inserted in lieu thereof ``and 2006''.
---------------------------------------------------------------------------

SEC. 2004.\9\ PROHIBITION ON COOPERATION WITH THE INTERNATIONAL 
                    CRIMINAL COURT.

    (a) Application.--The provisions of this section--
---------------------------------------------------------------------------
    \9\ 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.\10\ 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.
---------------------------------------------------------------------------
    \10\ 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.\11\ 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.
---------------------------------------------------------------------------
    \11\ 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.\12\ [REPEALED--2008]
---------------------------------------------------------------------------

    \12\ Formerly 22 U.S.C. 7426. This section prohibited military 
assistance to governments of countries that are parties to the 
International Criminal Court. Sec. 1212(a) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
371) repealed sec. 2007. Sec. 671 of the Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2008 (division J 
of the Consolidated Appropriations Act, 2008; Public Law 110-161; 121 
Stat. 2354) limits economic support fund assistance for states party to 
the International Criminal Court. Sec. 671 of that Act provides as 
follows:
---------------------------------------------------------------------------

``limitation on economic support fund assistance for certain foreign 
governments that are parties to the international criminal court
---------------------------------------------------------------------------

    ``Sec. 671. (a) None of the funds made available in this Act 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, with 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), Taiwan, or such other country as he may 
determine if he determines and reports to the appropriate congressional 
committees that it is important to the national interests of the United 
States to waive such prohibition.
    ``(c) The President may, with 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.''.
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SEC. 2008.\13\ 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.
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    \13\ 22 U.S.C. 7427.
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    (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.\14\ 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--
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    \14\ 22 U.S.C. 7428.
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          (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.\15\ 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.
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    \15\ 22 U.S.C. 7429.
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SEC. 2011.\16\ 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.
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    \16\ 22 U.S.C. 7430.
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    (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.\17\ 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.
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    \17\ 22 U.S.C. 7431.
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SEC. 2013.\18\ 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:
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    \18\ 22 U.S.C. 7432.
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          (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) \19\ 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.
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    \19\ Sec. 1212(b)(2) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 371) struck out para. 
(13) of this section. The paragraph formerly read as follows:
    ``(13) United states military assistance.--The term `United States 
military assistance' means--
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  ``(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.\20\ 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.
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    \20\ 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
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    \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.
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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
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    \1\ See also legislation under War Powers.
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  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.
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    \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--
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  ``(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.''.
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    For complete list of related statutes, see sec. 103 of the 
FRIENDSHIP Act, in Legislation on Foreign Relations Through 2008, vol. 
I-B.
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    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.
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    \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.
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    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.
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    \5\ 22 U.S.C. 1963.
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    Sec. 5.\6\ The President shall whenever appropriate \7\ 
report to the Congress his action hereunder.
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    \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''.
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    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.
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    \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.
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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 2008, 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

             a. NATO Freedom Consolidation Act of 2007 \1\

    Public Law 110-17 [S. 494], 121 Stat. 73, approved April 9, 2007

  AN ACT To endorse further enlargement of the North Atlantic Treaty 
   Organization (NATO) and to facilitate the timely admission of new 
                members to NATO, 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 ``NATO Freedom Consolidation 
Act of 2007''.
---------------------------------------------------------------------------
    \1\ 22 U.S.C. 1928 note.
---------------------------------------------------------------------------

SEC. 2. FINDINGS.

    Congress makes the following findings:
          (1) The sustained commitment of the North Atlantic 
        Treaty Organization (NATO) to mutual defense has made 
        possible the democratic transformation of Central and 
        Eastern Europe. Members of the North Atlantic Treaty 
        Organization can and should play a critical role in 
        addressing the security challenges of the post-Cold War 
        era in creating the stable environment needed for those 
        emerging democracies in Europe.
          (2) Lasting stability and security in Europe requires 
        the military, economic, and political integration of 
        emerging democracies into existing European structures.
          (3) In an era of threats from terrorism and the 
        proliferation of weapons of mass destruction, the North 
        Atlantic Treaty Organization is increasingly 
        contributing to security in the face of global security 
        challenges for the protection and interests of its 
        member states.
          (4) In the NATO Participation Act of 1994 (title II 
        of Public Law 103-447; 22 U.S.C. 1928 note), Congress 
        declared that ``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 . . .''.
          (5) In the NATO Enlargement Facilitation Act of 1996 
        (title VI of section 101(c) of title I of division A of 
        Public Law 104-208; 22 U.S.C. 1928 note), Congress 
        called for the prompt admission of Poland, Hungary, the 
        Czech Republic, and Slovenia to the North Atlantic 
        Treaty Organization, and declared that ``in order to 
        promote economic stability and security in Slovakia, 
        Estonia, Latvia, Lithuania, Romania, Bulgaria, Albania, 
        Moldova, and Ukraine . . . 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''.
          (6) In the European Security Act of 1998 (title XXVII 
        of division G of Public Law 105-277; 22 U.S.C. 1928 
        note), Congress declared that ``Poland, Hungary, and 
        the Czech Republic should not be the last emerging 
        democracies in Central and Eastern Europe invited to 
        join NATO'' and that ``Romania, Estonia, Latvia, 
        Lithuania, and Bulgaria . . . 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] upon complete 
        satisfaction of all relevant criteria should be invited 
        to become full NATO members at the earliest possible 
        date''.
          (7) In the Gerald B. H. Solomon Freedom Consolidation 
        Act of 2002 (Public Law 107-187; 22 U.S.C. 1928 note), 
        Congress endorsed ``. . . the vision of further 
        enlargement of the NATO Alliance articulated by 
        President George W. Bush on June 15, 2001, and by 
        former President William J. Clinton on October 22, 
        1996''.
          (8) At the Madrid Summit of the North Atlantic Treaty 
        Organization in July 1997, Poland, Hungary, and the 
        Czech Republic were invited to join the Alliance, and 
        the North Atlantic Treaty Organization heads of state 
        and government issued a declaration stating ``[t]he 
        alliance expects to extend further invitations in 
        coming years to nations willing and able to assume the 
        responsibilities and obligations of membership . . . 
        [n]o European democratic country whose admission would 
        fulfill the objectives of the [North Atlantic] Treaty 
        will be excluded from consideration''.
          (9) At the Washington Summit of the North Atlantic 
        Treaty Organization in April 1999, the North Atlantic 
        Treaty Organization heads of state and government 
        issued a communique' declaring ``[w]e pledge that NATO 
        will continue to welcome new members in a position to 
        further the principles of the [North Atlantic] Treaty 
        and contribute to peace and security in the Euro-
        Atlantic area . . . [t]he three new members will not be 
        the last . . . [n]o European democratic country whose 
        admission would fulfill the objectives of the Treaty 
        will be excluded from consideration, regardless of its 
        geographic location . . .''.
          (10) In May 2000 in Vilnius, Lithuania, the foreign 
        ministers of Albania, Bulgaria, Estonia, Latvia, 
        Lithuania, the Republic of Macedonia (FYROM), Romania, 
        Slovakia, and Slovenia issued a statement (later joined 
        by Croatia) declaring that--
                  (A) their countries will cooperate in jointly 
                seeking membership in the North Atlantic Treaty 
                Organization in the next round of enlargement 
                of the North Atlantic Treaty Organization;
                  (B) the realization of membership in the 
                North Atlantic Treaty Organization by one or 
                more of these countries would be a success for 
                all; and
                  (C) eventual membership in the North Atlantic 
                Treaty Organization for all of these countries 
                would be a success for Europe and for the North 
                Atlantic Treaty Organization.
          (11) On June 15, 2001, in a speech in Warsaw, Poland, 
        President George W. Bush stated ``[a]ll of Europe's new 
        democracies, from the Baltic to the Black Sea and all 
        that lie between, should have the same chance for 
        security and freedom--andthe same chance to join the 
        institutions of Europe--as Europe's old democracies 
        have . . . I believe in NATO membership for all of 
        Europe's democracies that seek it and are ready to 
        share the responsibilities that NATO brings . . . [a]s 
        we plan to enlarge NATO, no nation should be used as a 
        pawn in the agenda of others . . . [w]e will not trade 
        away the fate of free European peoples . . . [n]o more 
        Munichs . . . [n]o more Yaltas . . . [a]s we plan the 
        Prague Summit, we should not calculate how little we 
        can get away with, but how much we can do to advance 
        the cause of freedom''.
          (12) On October 22, 1996, in a speech in Detroit, 
        Michigan, former President William J. Clinton stated 
        ``NATO's doors will not close behind its first new 
        members . . . NATO should remain open to all of 
        Europe's emerging democracies who are ready to shoulder 
        the responsibilities of membership . . . [n]o nation 
        will be automatically excluded . . . [n]o country 
        outside NATO will have a veto . . . [a] gray zone of 
        insecurity must not reemerge in Europe''.
          (13) At the Prague Summit of the North Atlantic 
        Treaty Organization in November 2002, Bulgaria, 
        Estonia, Latvia, Lithuania, Romania, Slovakia, and 
        Slovenia were invited to join the Alliance in the 
        second round of enlargement of the North Atlantic 
        Treaty Organization since the end of the Cold War, and 
        the North Atlantic Treaty Organization heads of state 
        and government issued a declaration stating ``NATO's 
        door will remain open to European democracies willing 
        and able to assume the responsibilities and obligations 
        of membership, in accordance with Article 10 of the 
        Washington Treaty''.
          (14) On May 8, 2003, the United States Senate 
        unanimously approved the Resolution of Ratification to 
        Accompany Treaty Document No. 108-4, Protocols to the 
        North Atlantic Treaty of 1949 on Accession of Bulgaria, 
        Estonia, Latvia, Lithuania, Romania, Slovakia, and 
        Slovenia, inviting Bulgaria, Estonia, Latvia, 
        Lithuania, Romania, Slovakia, and Slovenia to join the 
        North Atlantic Treaty Organization.
          (15) At the Istanbul Summit of the North Atlantic 
        Treaty Organization in June 2004, the North Atlantic 
        Treaty Organization heads of state and government 
        issued a communique' reaffirming that NATO's door 
        remains open to new members, declaring ``[w]e celebrate 
        the success of NATO's Open Door Policy, and reaffirm 
        tody that our seven new members will not be the last. 
        The door to membership remains open. We welcome the 
        progress made by Albania, Croatia, and the former 
        Yugoslav Republic of Macedonia (1) in implementing 
        their Annual National Programmes under the Membership 
        Action Plan, and encourage them to continue pursuing 
        the reforms necessary to progress toward NATO 
        membership. We also commend their contribution to 
        regional stability and cooperation. We want all three 
        countries to succeed and will continue to assist them 
        in their reform efforts. NATO will continue to assess 
        each country's candidacy individually, based on the 
        progress made towards reform goals pursued through the 
        Membership Action Plan, which will remain the vehicle 
        to keep the readiness of each aspirant for membership 
        under review. We direct that NATO Foreign Ministers 
        keep the enlargement process, including the 
        implementation of the Membership Action Plan, under 
        continual review and report to us. We will review at 
        the next Summit progress by aspirants towards 
        membership based on that report''.
          (16) Georgia and Ukraine have stated their desire to 
        join the Euro-Atlantic community, and in particular, 
        are seeking to join the North Atlantic Treaty 
        Organization. Georgia and Ukraine are working closely 
        with the North Atlantic Treaty Organization and its 
        members to meet criteria for eventual membership in 
        NATO.
          (17) At a press conference with President Mikhail 
        Saakashvili of Georgia in Washington, D.C. on July 5, 
        2006, President George W. Bush stated that ``. . . I 
        believe that NATO would benefit with Georgia being a 
        member of NATO, and I think Georgia would benefit. And 
        there's a way forward through the Membership Action 
        Plan . . . And I'm a believer in the expansion of NATO. 
        I think it's in the world's interest that we expand 
        NATO''.
          (18) Following a meeting of NATO Foreign Ministers in 
        New York on September 21, 2006, NATO Secretary General 
        Jaap de Hoop Scheffer announced the launching of an 
        Intensified Dialogue on membership between the Alliance 
        and Georgia.
          (19) At the NATO-Ukraine Commission Summit in 
        Brussels in February 2005, President of Ukraine Victor 
        Yushchenko declared membership in NATO as the ultimate 
        goal of Ukraine's cooperation with the Alliance and 
        expressed Ukraine's desire to conclude a Membership 
        Action Plan.
          (20) At the NATO-Ukraine Commission Foreign 
        Ministerial meeting in Vilnius in April 2005, NATO and 
        Ukraine launched an Intensified Dialogue on the 
        potential membership of Ukraine in NATO.
          (21) At the Riga Summit of the North Atlantic Treaty 
        Organization in November 2006, the Heads of State and 
        Government of the member countries of NATO issued a 
        declaration reaffirming that NATO's door remains open 
        to new members, declaring that ``all European 
        democratic countries may be considered for MAP 
        (Membership Action Plan) or admission, subject to 
        decision by the NAC (North Atlantic Council) at each 
        stage, based on the performance of these countries 
        towards meeting the objectives of the North Atlantic 
        Treaty. We direct that NATO Foreign Ministers keep that 
        process under continual review and report to us. We 
        welcome the efforts of Albania, Croatia, and the former 
        Yugoslav Republic of Macedonia to prepare themselves 
        for the responsibilities and obligations of membership. 
        We reaffirm that the Alliance will continue with 
        Georgia and Ukraine its Intensified Dialogues which 
        cover the full range of political, military, financial 
        and security issues relating to those countries' 
        aspirations to membership, without prejudice to any 
        eventual Alliance decision. We reaffirm the importance 
        of the NATO-Ukraine Distinctive Partnership, which has 
        its 10th anniversary next year and welcome the progress 
        that has been made in the framework of our Intensified 
        Dialogue. We appreciate Ukraine's substantial 
        contributions to our common security, including through 
        participation in NATO-led operations and efforts to 
        promote regional cooperation. We encourage Ukraine to 
        continue to contribute to regional security. We are 
        determined to continue to assist, through practical 
        cooperation, in the implementation of far-reaching 
        reform efforts, notably in the fields of national 
        security, defence, reform of the defence-industrial 
        sector and fighting corruption. We welcome the 
        commencement of an Intensified Dialogue with Georgia as 
        well as Georgia's contribution to international 
        peacekeeping and security operations. We will continue 
        to engage actively with Georgia in support of its 
        reform process. We encourage Georgia to continue 
        progress on political, economic and military reforms, 
        including strengthening judicial reform, as well as the 
        peaceful resolution of outstanding conflicts on its 
        territory. We reaffirm that it is of great importance 
        that all parties in the region should engage 
        constructively to promote regional peace and 
        stability.''.
          (22) Contingent upon their continued implementation 
        of democratic, defense, and economic reform, and their 
        willingness and ability to meet the responsibilities of 
        membership in the North Atlantic Treaty Organization 
        and a clear expression of national intent to do so, 
        Congress calls for the timely admission of Albania, 
        Croatia, Georgia, Macedonia (FYROM), and Ukraine to the 
        North Atlantic Treaty Organization to promote security 
        and stability in Europe.

SEC. 3. DECLARATIONS OF POLICY.

    Congress--
          (1) reaffirms its previous expressions of support for 
        continued enlargement of the North Atlantic Treaty 
        Organization contained in the NATO Participation Act of 
        1994, the NATO Enlargement Facilitation Act of 1996, 
        the European Security Act of 1998, and the Gerald B. H. 
        Solomon Freedom Consolidation Act of 2002;
          (2) supports the commitment to further enlargement of 
        the North Atlantic Treaty Organization to include 
        European democracies that are able and willing to meet 
        the responsibilities of Membership, as expressed by the 
        Alliance in its Madrid Summit Declaration of 1997, its 
        Washington Summit Communique' of 1999, its Prague 
        Summit Declaration of 2002, its Istanbul Summit 
        Communique' of 2004, and its Riga Summit Declaration of 
        2006; and
          (3) endorses the vision of further enlargement of the 
        North Atlantic Treaty Organization articulated by 
        President George W. Bush on June 15, 2001, and by 
        former President William J. Clinton on October 22, 
        1996, and urges our allies in the North Atlantic Treaty 
        Organization to work with the United States to realize 
        a role for the North Atlantic Treaty Organization in 
        promoting global security, including continued support 
        for enlargement to include qualified candidate states, 
        specifically by entering into a Membership Action Plan 
        with Georgia and recognizing the progress toward 
        meeting the responsibilities and obligations of NATO 
        membership by Albania, Croatia, Georgia, Macedonia 
        (FYROM), and Ukraine.

SEC. 4. DESIGNATION OF ALBANIA, CROATIA, GEORGIA, MACEDONIA (FYROM), 
                    AND UKRAINE AS ELIGIBLE TO RECEIVE ASSISTANCE UNDER 
                    THE NATO PARTICIPATION ACT OF 1994.

    (a) Designation.--
          (1) Albania.--The Republic of Albania is designated 
        as eligible to receive assistance under the program 
        established under section 203(a) of the NATO 
        Participation Act of 1994 (title II of Public Law 103-
        447; 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) Croatia.--The Republic of Croatia 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)(1) of 
        such Act.
          (3) Georgia.--Georgia 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)(1) of such Act.
          (4) Macedonia (FYROM).--The Republic of Macedonia 
        (FYROM) 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)(1) of such Act.
          (5) Ukraine.--Ukraine 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)(1) of such Act.
    (b) Rule of Construction.--The designation of the Republic 
of Albania, the Republic of Croatia, Georgia, the Republic of 
Macedonia (FYROM), and Ukraine pursuant to subsection (a) as 
eligible to receive assistance under the program established 
under section 203(a) of the NATO Participation Act of 1994--
          (1) is in addition to the designation of Poland, 
        Hungary, the Czech Republic, and Slovenia pursuant to 
        section 606 of the NATO Enlargement Facilitation Act of 
        1996 (title VI of section 101(c) of title I of division 
        A of Public Law 104-208; 22 U.S.C. 1928 note), the 
        designation of Romania, Estonia, Latvia, Lithuania, and 
        Bulgaria pursuant to section 2703(b) of the European 
        Security Act of 1998 (title XXVII of division G of 
        Public Law 105-277; 22 U.S.C. 1928 note), and the 
        designation of Slovakia pursuant to section 4(a) of the 
        Gerald B. H. Solomon Freedom Consolidation Act of 2002 
        (Public Law 107-187; 22 U.S.C. 1928 note) as eligible 
        to receive assistance under the program established 
        under section 203(a) of the NATO Participation Act of 
        1994; and
          (2) shall not preclude the designation by the 
        President of other countries pursuant to section 
        203(d)(2) of the NATO Participation Act of 1994 as 
        eligible to receive assistance under the program 
        established under section 203(a) of such Act.

SEC. 5. AUTHORIZATION OF SECURITY ASSISTANCE FOR COUNTRIES DESIGNATED 
                    UNDER THE NATO PARTICIPATION ACT OF 1994.

    Of the amounts made available for fiscal year 2008 under 
section 23 of the Arms Export Control Act (22 U.S.C. 2763) such 
sums as may be necessary are authorized to be appropriated for 
assistance to the Republic of Albania, the Republic of Croatia, 
Georgia, the Republic of Macedonia (FYROM), and Ukraine.
                    b. 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 2008, 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 * * *
    (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).
              c. 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 * * *
                   d. 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''.
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    \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).
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    (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--
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    \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)''.
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          (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''.
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          (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.
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          (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).
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          (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' ''.
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          (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.
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    \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)''.
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    (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''.
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    (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:
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    \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).
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          (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\
   e. 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.
   f. 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 2008, vol. II-A.
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                   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 2008, vol. I-A.
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    (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.
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    (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\
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    \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).
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          (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.
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    (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.
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                         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. The Department 
of State, Foreign Operations, and Related Programs Appropriations Act, 
2008 (title I of division J of Public Law 110-161; 121 Stat. 2280) 
provided $16,351,000 for fiscal year 2008. The Department of State, 
Foreign Operations, and Related Programs Appropriations Act, 2008 
(title I of division H of Public Law 111-8; 123 Stat. 835) provided 
$16,840,000 for fiscal year 2009.
---------------------------------------------------------------------------

                       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
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    \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 
2008, 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...............................................   856
Sec. 2. Statement of purpose......................................   858
Sec. 3. Definitions...............................................   858

                 TITLE I--ADMINISTRATION AND REGULATIONS

                   Chapter 1--Panama Canal Commission

Sec. 1101. Establishment, Purposes, Offices, and Residence of 
    Commission....................................................   860
Sec. 1102. Supervisory Board......................................   860
Sec. 1102a. General powers of Commission..........................   862
Sec. 1102b. Specific powers of Commission.........................   863
Sec. 1103. Administrator..........................................   864
Sec. 1104. Deputy Administrator...................................   865
Sec. 1105. Consultative Committee.................................   865
Sec. 1106. Joint Commission on the Environment....................   865
Sec. 1107. Travel expenses........................................   866
Sec. 1108. Defense of the Panama Canal............................   866
Sec. 1109. Joint Sea Level Canal Study Committee..................   867
Sec. 1110. Authority of the Ambassador............................   867
Sec. 1111. Security legislation...................................   868
Sec. 1112. Code of Conduct for Commission personnel...............   868
Sec. 1113. Office of Ombudsman....................................   869

                          Chapter 2--Employees

             Subchapter I--Panama Canal Commission Personnel

Sec. 1201. Definitions............................................   870
Sec. 1202. Appointment and compensation; duties...................   870
Sec. 1203. Transfer of Federal employees..........................   871
Sec. 1204. Compensation of individuals in the uniformed services..   871
Sec. 1205. Deduction from basic pay of amounts due for supplies or 
    services......................................................   872
Sec. 1208. Privileges and immunities of certain employees.........   872
Sec. 1209. Applicability of certain benefits......................   872

              Subchapter II--Wage and Employment Practices

Sec. 1210. Air transportation.....................................   873
Sec. 1211. Definitions............................................   873
Sec. 1212. Panama Canal Employment System; merit and other 
    employment requirements.......................................   873
Sec. 1213. Employment standards...................................   874
Sec. 1216. Uniform application of standards and rates.............   875
Sec. 1217. Recruitment and retention remuneration.................   875
Sec. 1217a. Quarters allowances...................................   876
Sec. 1218. Benefits based on basic pay............................   877
Sec. 1220. Review and adjustment of classifications, grades, and 
    pay level.....................................................   878
Sec. 1221. Panama Canal Board of Appeals; duties..................   878
Sec. 1222. Appeals to Board; procedure; finality of decisions.....   878
Sec. 1224. Applicability of title 5, United States Code...........   879

         Subchapter III--Conditions of Employment and Placement

Sec. 1231. Transferred on reemployed employees....................   879
Sec. 1232. Placement..............................................   882
Sec. 1233. Transition separation incentive payments...............   882

                        Subchapter IV--Retirement

Sec. 1241. Early retirement eligibility...........................   884
Sec. 1242. Early retirement computation...........................   884
Sec. 1243. Retirement under special treaty provisions.............   884
Sec. 1244. Obligation of Commission for unfunded liability........   886
Sec. 1245. Administration of certain disability benefits..........   886

                           Subchapter V--Leave

             Subchapter VI--Application to Related Personnel

Sec. 1261. Law enforcement; Canal Zone Civilian Personnel Policy 
    Coordinating Board; related employees.........................   888

               Subchapter VII--Labor-Management Relations

Sec. 1271. Labor-management relations.............................   888

                      Chapter 3--Funds and Accounts

                           Subchapter I--Funds

Sec. 1302. Panama Canal Revolving Fund............................   890
Sec. 1303. Emergency authority....................................   892
Sec. 1304. Borrowing authority....................................   893
Sec. 1305. Dissolution of Commission..............................   893
Sec. 1306. Printing...............................................   894

              Subchapter II--Accounting Policies and Audits

Sec. 1311. Accounting policies....................................   895
Sec. 1313. Audits.................................................   895

                  Subchapter III--Interagency Accounts

Sec. 1321. Interagency services; reimbursements...................   897

                      Subchapter IV--Postal Matters

Sec. 1331. Postal service.........................................   898

           Subchapter V--Accounts With the Republic of Panama

Sec. 1341. Payment to the Republic of Panama......................   899
Sec. 1342. Transactions with the Republic of Panama...............   900
Sec. 1343. Disaster relief........................................   900
Sec. 1344. Congressional restraints on property transfers and 
    expenditures..................................................   900

          Chapter 4--Claims for Injuries to Persons or Property

                    Subchapter I--General Provisions

Sec. 1401. Settlement of claims generally.........................   902

                      Subchapter II--Vessel Damage

Sec. 1411. Injuries in locks of Canal.............................   902
Sec. 1412. Injuries outside locks.................................   903
Sec. 1413. Measures of damages generally..........................   904
Sec. 1414. Delays for which no responsibility is assumed..........   905
Sec. 1415. Settlement of claims...................................   905
Sec. 1416. Actions on claims......................................   905
Sec. 1417. Investigation of accident or injury giving rise to 
    claim.........................................................   906
Sec. 1418. Board of Local Inspectors..............................   906
Sec. 1419. Insurance..............................................   907

                       Chapter 5--Public Property

Sec. 1501. Assets and liabilities of Panama Canal Company.........   907
Sec. 1502. Transfers and cross-servicing between agencies.........   907
Sec. 1503. Disposition of property of the United States...........   908
Sec. 1504. Transfer of property to Panama.........................   908

              Chapter 6--Tolls for Use of the Panama Canal

Sec. 1601. Prescription of measurement rules and rates of tolls...   909
Sec. 1602. Bases of tolls.........................................   909
Sec. 1603. Calculation of interest................................   910
Sec. 1604. Procedures.............................................   911

                     Chapter 7--General Regulations

                   Chapter 8--Shipping and Navigation

                    Subchapter I--Operation of Canal

Sec. 1801. Operating regulations..................................   912

                  Subchapter II--Inspection of Vessels

Sec. 1811. Vessels subject to inspection..........................   913
Sec. 1812. Foreign vessels........................................   913
Sec. 1813. Regulations governing inspection.......................   913

                      TITLE III--GENERAL PROVISIONS

                         Chapter 1--Procurement

Sec. 3101. Procurement system.....................................   913
Sec. 3102. Panama Canal board of contract appeals.................   914

                         Chapter 2--Immigration

Sec. 3201. Special immigrants.....................................   916

  Chapter 3--Reports; Amendments; Repeals and Redesignation; Effective 
                                  Date

Sec. 3301. Report.................................................   916
Sec. 3302. Exemption from Metric Conversion Act of 1975...........   916
Sec. 3303. Repeals and redesignation..............................   916
Sec. 3304. Effective date.........................................   916

                          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.
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    (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\
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    \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''.
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    (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\
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    \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.''
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    (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.
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                      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.
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    (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.
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    \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.
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    \25\ Sec. 3547 of Public Law 105-85 (111 Stat. 2073) added subsec. 
(e).
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    (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.
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    (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.
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    \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.
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                          Chapter 2--Employees

            Subchapter I--Panama Canal Commission Personnel

                              definitions

    Sec. 1201.\46\ As used in this chapter--
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    \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:
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``sec. 3504. employment of commission employees by the government of 
panama.
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    ``(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.''.
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          (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.
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    \47\ 22 U.S.C. 3642. Sec. 3526 of Public Law 104-201 (110 Stat. 
2861) amended and restated sec. 1202.
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    (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--
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    \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''.
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          (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.
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    \52\ 22 U.S.C. 3643.
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    (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.
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    \53\ 22 U.S.C. 3644.
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    (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.
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    \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''.
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    Sec. 1206.\56\ * * * [Repealed--1999]
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    \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.
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    Sec. 1207.\57\ * * * [Repealed--1999]
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    \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.
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             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.
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    \58\ 22 U.S.C. 3648.
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                   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--
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    \59\ 22 U.S.C. 3649. Sec. 3527 of Public Law 104-201 (110 Stat. 
2861) amended and restated sec. 1209.
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          (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.
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    \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)''.
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    (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.
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    \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''.
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                              definitions

    Sec. 1211.\64\ As used in this subchapter--
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    \64\ 22 U.S.C. 3651.
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          (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;
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    \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)''.
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          (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--
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    \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).''.
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          (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.
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    \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''.
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    (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--
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    \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''.
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          (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]
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    \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.
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    Sec. 1215.\74\ * * * [Repealed--1997]
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    \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.
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               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.
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    \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''.
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                 recruitment and retention remuneration

    Sec. 1217.\77\ (a) * * * [Repealed--1999]
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    \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.
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    (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.
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    \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).
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    (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\
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    \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''.
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                           quarters allowance

    Sec. 1217a.\80\ (a) Notwithstanding paragraphs (2) and (3) 
of section 1211 of this Act, as used in this section--
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    \80\ 22 U.S.C. 3657a. Executive Order 12520 (50 F.R. 25683; June 
21, 1985) provided the following:
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``quarters allowances to department of defense employees in panama
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    ``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.''.
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          (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--
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    \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.''.
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          (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;
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    \82\ Sec. 3534 of Public Law 104-201 (110 Stat. 2863) amended and 
restated para. (2).
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          (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.
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    \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)''.
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    Sec. 1219.\84\ * * * [Repealed--1997]
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    \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.
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    review and adjustment of classifications, grades, and pay level

    Sec. 1220.\85\ An employee may request at any time that the 
employee's agency--
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    \85\ 22 U.S.C. 3660.
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          (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.
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    \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''.
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    (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.
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    \88\ 22 U.S.C. 3662.
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    (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]
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    \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.
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              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:
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    \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.
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          (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).
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    \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).''
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          (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]
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    \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.
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         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--
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    \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.''.
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          (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:
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    \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.
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          (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.
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    \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''.
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    (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'')--
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    \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\ * * *
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    \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.
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                      early retirement computation

    Sec. 1242.\100\ * * *
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    \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.
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               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.
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    \102\ Sec. 3550(d)(6) of Public Law 105-85 (111 Stat. 2074) struck 
out ``retroactivity'' and inserted in lieu thereof ``retroactively''.
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            obligation of commission for unfunded liability

    Sec. 1244.\103\ * * *
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    \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.
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    \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.''.
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    (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--
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    \108\ 22 U.S.C. 3701.
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          (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\
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    \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.
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    \110\ Sec. 3527 of Public Law 105-85 (111 Stat. 2068) added subsec. 
(c).
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    (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]
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    \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.
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                      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\
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    \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.
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          (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).
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    \114\ Sec. 3528(a) of Public Law 105-85 (111 Stat. 2069) added 
para. (10).
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  (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.
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    \115\ Sec. 121 of Public Law 108-309 (118 Stat. 1140) added subsec. 
(e).
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    (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.
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    \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.
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                          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--
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    \119\ 22 U.S.C. 3714. Sec. 5424(a) of Public Law 100-203 (101 Stat. 
1330-273) added sec. 1304.
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          (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--
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    \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.
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          (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.
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    \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).
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    (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.
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    \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''.
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    (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.
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    \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,''.
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    (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]
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    \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.
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                              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\
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    \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.
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    (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--
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    \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)''.
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          (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).
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    \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).
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    (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.
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    \136\ 22 U.S.C. 3731.
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    (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
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    \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''.
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          (2) providing the services related thereto to the 
        categories of persons to which such services were 
        provided before October 1, 1979.\138\
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    \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''.
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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--
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    \139\ Sec. 3529(3) of Public Law 104-106 (110 Stat. 642) struck out 
``appropriations or''.
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          (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]
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    \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).
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    (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.
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    \141\ Sec. 8 of Public Law 100-705 (102 Stat. 4686) added subsec. 
(h).
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                     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.
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    \142\ 22 U.S.C. 3741. Sec. 3543 of Public Law 104-201 (110 Stat. 
2867) amended and restated sec. 1331.
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    (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.
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    \143\ 22 U.S.C. 3751.
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    (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\
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    \144\ Sec. 5426 of Public Law 100-203 (101 Stat. 1330-274) added 
clause (7).
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    (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.
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    \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.
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    (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.
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    \146\ Sec. 6 of Public Law 99-368 (100 Stat. 776) added subsec. 
(g).
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                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.
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    \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).
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    (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.
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    \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''.
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   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.
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    \151\ 22 U.S.C. 3754.
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    (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
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    \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.
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          (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.
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    \153\ 22 U.S.C. 3761.
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    (b) \154\ The Commission may pay not more than $50,000 on 
any claim described in subsection (a).
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    \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).
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    (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.
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    \155\ Sec. 3529(4) of Public Law 104-106 (110 Stat. 642) struck out 
``appropriated for or'' at this point.
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    (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\
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    \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''.
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    (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.
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    \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''.
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    (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.
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    \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''.
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                      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.
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          (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--
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    \167\ 22 U.S.C. 3774.
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          (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
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    \168\ Sec. 3 of Public Law 99-209 (99 Stat. 1717) amended and 
restated para. (6).
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          (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.
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    \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 * * *''.
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                           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\
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    \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.
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        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--
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    \179\ 22 U.S.C. 3777.
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          (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
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    \180\ Sec. 3544 of Public Law 104-201 (110 Stat. 2867) amended and 
restated para. (1).
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          (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--
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    \181\ 22 U.S.C. 3778.
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          (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\
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    \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''.
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    (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.
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    \185\ 22 U.S.C. 3781.
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             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.
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    \186\ 22 U.S.C. 3782.
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    (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.
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    \187\ 22 U.S.C. 3783.
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                     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.
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    \188\ 22 U.S.C. 3784.
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    (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--
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    \189\ Sec. 7 of Public Law 99-223 (99 Stat. 1740) struck out ``At 
least 180 days before'' and inserted in lieu thereof ``Before''.
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          (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--
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    \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--
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  ``(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.
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    ``(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.''.
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          (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\
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    \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.
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    (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.
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    \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,''.
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    (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.
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    (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
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    \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''.
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                  (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\
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    \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''.
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                  (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.
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    \200\ Sec. 5425(a)(3) of Public Law 100-203 (101 Stat. 1330-274) 
added subsec. (d).
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                               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):
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    \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''.
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          (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.
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    \203\ Sec. 3528(2) of Public Law 104-106 (110 Stat. 641) amended 
and restated subsec. (c).
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    (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.
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    \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.
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                     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.
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    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.
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                   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.
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                            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.
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                    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.
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    \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.
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    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--
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    \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.
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    \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''.
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    (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.
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    \218\ Sec. 3510(a)(2) of Public Law 105-261 (112 Stat. 2270) added 
para. (3).
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    (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.''.
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 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.
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                       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

    Partial text of 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)..................................................   927
 2. Department of State Authorization Act, Fiscal Year 2003 
    (Public Law 107-228) (partial text)..........................   945
 3. United Nations Reform Act of 1999 (Public Law 106-113) 
    (partial text)...............................................   949
 4. United Nations Headquarters Agreement Act (Public Law 80-357) 
    (partial text)...............................................   961
 5. U.S. Participation in Certain International Organizations 
    (Public Law 81-806) (partial text)...........................   965
 6. Appropriations Limitation on Contributions to International 
    Organizations (Public Law 92-544) (partial text).............   966
 7. U.N. Provisions in Foreign Relations Authorization Acts......   968
 8. United Nations Peacekeeping Forces in the Middle East (Public 
    Law 94-37)...................................................   969
 9. Response to United Nations Resolution on Zionism.............   970
10. United Nations Environment Program Participation Act of 1973 
    (Public Law 93-188)..........................................   971
11. Support of Peaceful Settlement of Disputes (Executive Order 
    10206).......................................................   972
12. Privileges and Immunities....................................   973
      a. International Organizations Immunities Act, as amended 
          (Public Law 79-291) (partial text).....................   973
      b. Extending Certain Privileges to Representatives of 
          Member States on the Council of the Organization of 
          American States (Public Law 82-486)....................   982
      c. Extending Diplomatic Privileges to the Mission of the 
          Commission of the European Communities (Public Law 92-
          499)...................................................   983
      d. Extending Diplomatic Privileges to the Liaison Office of 
          the People's Republic of China (Public Law 93-22)......   984
      e. Extending Certain Privileges to the International 
          Development Law Institute (Public Law 102-511) (partial 
          text)..................................................   985
      f. Extending Certain Privileges to Hong Kong Economic and 
          Trade Offices (Public Law 105-22)......................   986
      g. Extending Diplomatic Privileges to the Permanent 
          Observer Mission of the Holy See to the United Nations 
          (Public Law 109-472) (partial text)....................   987
      h. Protection and Prevention of Crimes Against 
          Internationally Protected Persons (18 U.S.C.) (partial 
          text)..................................................   988
      i. U.S. Secret Service.....................................   996
          (1) Protection of Foreign Diplomatic Missions by the 
              U.S. Secret Service (18 U.S.C. 3056A) (partial 
              text)..............................................   996
          (2) Transfer of Authority to the Secretary of State To 
              Make Reimbursements for Protection of Foreign 
              Missions to International Organizations (Executive 
              Order 12478).......................................   998
      j. Foreign Sovereign Immunities (28 U.S.C.) (partial text).   999
      k. Diplomatic Relations Act (Public Law 95-393) (partial 
          text)..................................................  1011
      l. Diplomatic Reciprocity..................................  1014
          (1) Equivalency of Representation Between the United 
              States and Hostile Powers (Public Law 98-618) 
              (partial text).....................................  1014
          (2) Soviet Employees on U.S. Diplomatic Premises 
              (Public Law 99-93) (partial text)..................  1016
13. Relating to International Agreements on Children.............  1017
      a. Intercountry Adoption Act of 2000 (Public Law 106-279) 
          (partial text).........................................  1017
      b. Extradition Treaties Interpretation Act of 1998 (Public 
          Law 105-323) (partial text)............................  1036
      c. International Child Abduction Remedies Act (Public Law 
          100-300) (partial text)................................  1037
      d. Relating to the Implementation of the Convention on the 
          Civil Aspects of International Child Abduction 
          (Executive Order 12648)................................  1045
      e. Child Health Revolution (Public Law 98-198).............  1046

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

      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 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\
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    \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.
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    (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\
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    \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.
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    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.
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    Sec. 4.\10\ (a) Periodic Reports.--\11\ 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.\12\
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    \10\ In sec. 1(17) of Executive Order 13313, dated July 31, 2003 
(68 F.R. 46073; August 5, 2003), the President assigned the reporting 
requirements of sec. 4 to the Secretary of State.
    \11\ 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).
    \12\ 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.''.
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    (b) \13\ 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.
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    \13\ Sec. 405(a)(2) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 448) added 
this subsection. See also sec. 1225 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 
2424), which provides as follows:
---------------------------------------------------------------------------

``sec. 1225. annual reports on united states contributions to the united 
nations.
---------------------------------------------------------------------------

    ``(a) Annual Report.--Not later than 90 days after the date of the 
enactment of this Act and annually thereafter until December 31, 2010, 
the President shall submit to Congress a report listing all assessed 
and voluntary contributions of the United States Government for the 
preceding fiscal year to the United Nationsand United Nations 
affiliated agencies and related bodies.
    ``(b) Contents.--Each report required under subsection (a) shall 
set forth, for the fiscal year covered by such report, the following:
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  ``(1) The total amount of all assessed and voluntary contributions of the 
United States Government to the United Nations and United Nations 
affiliated agencies and related bodies.

  ``(2) The approximate percentage of United States Government 
contributions to each United Nations affiliated agency or body in such 
fiscal year when compared with all contributions to such agency or body 
from any source in such fiscal year.

  ``(3) For each such contribution--

  ``(A) the amount of such contribution;

  ``(B) a description of such contribution (including whether assessed or 
voluntary);

  ``(C) the department or agency of the United States Government 
responsible for such contribution;

  ``(D) the purpose of such contribution; and

  ``(E) the United Nations or United Nations affiliated agency or related 
body receiving such contribution.''.

    (c) \14\ 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:
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    \14\ 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).
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          (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) \15\ Consultations and Reports on United Nations 
Peacekeeping Operations.--
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    \15\ 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).
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          (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) \16\ 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.
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    \16\ 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) \17\ 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.
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    \17\ 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).
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    (f) \18\ 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.
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    \18\ 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).
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    Sec. 5.\19\ (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.\20\ 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.\21\
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    \19\ 22 U.S.C. 287c.
    \20\ 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 2008, 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 2008, 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.
    \21\ Public Law 95-12 (91 Stat. 22) added the final two sentences 
of subsec. (a).
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    (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,\22\ 
concerned in such violation shall be forfeited to the United 
States.
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    \22\ Sec. 3 of Public Law 81-341 (63 Stat. 735) inserted ``or 
aircraft,''.
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    (c) \23\ (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--
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    \23\ 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.\24\ 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,\25\ 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.
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    \24\ 22 U.S.C. 287d.
    \25\ Sec. 4 of Public Law 81-341 (63 Stat. 735) added ``except as 
authorized in section 7 of this Act''.
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    Sec. 7.\26\ (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--
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    \26\ 22 U.S.C. 287d-1. Sec. 5 of Public Law 81-341 (63 Stat. 735) 
added this section.
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          (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,\27\ under such terms and conditions as 
        the President shall determine;
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    \27\ 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.
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          (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 \27\ 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,\27\ 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,\27\ 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.\28\ 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; \29\ 
travel expenses without regard to the Standardized Government 
Travel Regulations, as amended, the Travel Expense Act of 
1949,\30\ and section 10 of the Act of March 3, 1933, as 
amended,\31\ 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); \32\ 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),\33\ and allowances and expenses equivalent to those 
provided in section 905 of the Foreign Service Act of 1980,\34\ 
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 \35\ and of their 
appropriate staffs,\36\ 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 \37\ unusual expenses 
similar to those authorized by section 22 of the Administrative 
Expenses Act of 1946, as amended \38\ by section 311 of the 
Overseas Differentials and Allowances Act, incident to the 
operation and maintenance of such living quarters abroad; \39\ 
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).\40\
---------------------------------------------------------------------------
    \28\ 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.
    \29\ 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).
    \30\ 5 U.S.C. 5701, 5702, 5704-5708.
    \31\ 15 U.S.C. 5731.
    \32\ Now at 5 U.S.C. 5912, as amended.
    \33\ Sec. 6 of the Act of July 30, 1946, as amended (22 U.S.C. 
287r).
    \34\ 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.
    \35\ Sec. 304(a)(1) of Public Law 100-459 (102 Stat. 2207) added 
``serving abroad'' at this point.
    \36\ 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''.
    \37\ Sec. 311(b) of Public Law 86-707 substituted the phrase ``and 
unusual expenses * * *'' for the previous clause.
    \38\ 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.
    \39\ Sec. 304(a)(2) of Public Law 100-459 (102 Stat. 2207) inserted 
``abroad''.
    \40\ 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.''.
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    Sec. 9.\41\ 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:
---------------------------------------------------------------------------
    \41\ 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) \41\ 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) \41\,\42\ Make available in New York 
        to no more than 30 \43\ 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.
---------------------------------------------------------------------------
    \42\ 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.''.
    \43\ Sec. 405 of Public Law 106-309 (114 Stat. 1098) struck out 
``18'' and inserted in lieu thereof ``30''.
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          (3) \41\ provide such allowance as the Secretary \41\ 
        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) \41\ 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.\44\ REIMBURSEMENT FOR GOODS AND SERVICES PROVIDED BY THE 
                    UNITED STATES TO THE UNITED NATIONS.

    (a) Requirement To Obtain Reimbursement.--
---------------------------------------------------------------------------
    \44\ 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) \45\ Authority.--
---------------------------------------------------------------------------
    \45\ In Presidential Determination 2000-12 of February 10, 2000 (65 
F.R. 8243; February 18, 2000), President Clinton authorized the 
Secretary of State to provide assistance to East Timor's transition to 
independence under this paragraph and subsec. (a)(2)(B) of this 
section. In Presidential Determination 2000-20 of May 31, 2000 (65 F.R. 
36307; June 8, 2000), President Clinton authorized the Secretary of 
State to provide assistance to support peacekeeping in Sierra Leone 
under this paragraph. In Presidential Determination 2008-7 of December 
14, 2007 (73 F.R. 3851; January 22, 2008), President George W. Bush 
authorized the Secretary of State to provide assistance to support the 
United Nations/African Union Mission in Darfur (UNAMID) under this 
paragraph.
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                  (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.\46\ 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.
---------------------------------------------------------------------------
    \46\ 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\
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    \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''.
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    (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\
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    \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.''.
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    (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).
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          (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''.
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          (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).
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                  (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\
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    \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''.
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                  (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 \1\

   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.

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.
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          * * * * * * *
  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 State 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

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.''.
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          * * * * * * *
       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\
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    \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; Public Law 108-497 [Comprehensive 
Peace in Sudan Act of 2004; S. 2781], 118 Stat. 4012, approved December 
 23, 2004; and Public Law 109-472 [Department of State Authorities Act 
     of 2006; H.R. 6060], 120 Stat. 3554, approved January 11, 2007

  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\
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    \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:
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``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)
13395...........  January 13, 2006                 Global Fund To Fight
                                                    AIDS, Tuberculosis
                                                    and Malaria
13451...........  November 19, 2007                ITER International
                                                    Fusion Energy
                                                    Organization
------------------------------------------------------------------------



    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\ (a) \18\ The provisions of this title may be 
extended to the African Union \19\ and may continue to be 
extended to the International Labor Organization \20\ and the 
United Nations Industrial Development Organization \21\ 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. 7(a)(1) of the Department of State Authorities Act of 
2006 (Public Law 109-472; 120 Stat. 3556) added ``(a)'' to create a 
subsection designation.
    \19\ 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.
    \20\ 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.
    \21\ 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''.
---------------------------------------------------------------------------
    (b) \22\ Under such terms and conditions as the President 
shall determine, consistent with the purposes of this title, 
the President is authorized to extend, or enter into an 
agreement to extend, to the African Union Mission to the United 
States of America, and to its members, the privileges and 
immunities enjoyed by diplomatic missions accredited to the 
United States, and by members of such missions, subject to 
corresponding conditions and obligations.
---------------------------------------------------------------------------
    \22\ Sec. 7(a)(2) of the Department of State Authorities Act of 
2006 (Public Law 109-472; 120 Stat. 3556) added subsec. (b). In 
Executive Order 13444 of September 12, 2007 (72 F.R. 52747; September 
14, 2007), the President extended diplomatic privileges and immunities 
to the African Union Mission to the United States.
---------------------------------------------------------------------------
    Sec. 13.\23\ 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.
---------------------------------------------------------------------------
    \23\ 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.\24\ 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.
---------------------------------------------------------------------------
    \24\ 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.\25\ 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.
---------------------------------------------------------------------------
    \25\ 22 U.S.C. 288f-5. Sec. 1 of Public Law 107-278 (116 Stat. 
1939) added sec. 15.
---------------------------------------------------------------------------
    Sec. 16.\26\ 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.
---------------------------------------------------------------------------
    \26\ 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.
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          * * * * * * *
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\
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    \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\
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    \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.
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    \1\ 22 U.S.C. 288j.
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          * * * * * * *
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.
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    (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. Extending Diplomatic Privileges to the Permanent Observer Mission of 
                   the Holy See to the United Nations

Partial text of Public Law 109-472 [Department of State Authorities Act 
     of 2006; H.R. 6060], 120 Stat. 3554, approved January 11, 2007

AN ACT To authorize certain activities by the Department of State, 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 ``Department 
of State Authorities Act of 2006''.
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    \1\ 22 U.S.C. 2151 note.
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    (b) * * *
          * * * * * * *

SEC. 7. EXTENSION OF PRIVILEGES AND IMMUNITIES.

    (a) * * *
    (b) \2\ The Holy See.--Under such terms and conditions as 
the President shall determine, the President is authorized to 
extend, or to enter into an agreement to extend, to the 
Permanent Observer Mission of the Holy See to the United 
Nations in New York, and to its members, the privileges and 
immunities enjoyed by the diplomatic missions of member states 
to the United Nations, and their members, subject to 
corresponding conditions and obligations.
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    \2\ 22 U.S.C. 228l. In Executive Order 13427 of March 7, 2007 (72 
F.R. 10879; March 9, 2007), the President extended diplomatic 
privileges and immunities to the Permanent Observer Mission of the Holy 
See to the United Nations.
    h. 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.
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    \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''.
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    (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.
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    \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''.
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    (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.''.
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    (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.
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    \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''.
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    (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.
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    \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\
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    \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.''.
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          * * * * * * *

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.
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    \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.
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    \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''.
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    (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\
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    \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\
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    \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''.
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          (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\
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    \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--''.
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          (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\
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    \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''.
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          (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\
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    \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;''.
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          (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
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    \31\ Sec. 4(a) of Public Law 94-467 amended and restated para. (4).
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          (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;
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    \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''.
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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\
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    \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''.
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    (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\
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    \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.
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    (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.
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    \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)''.
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    (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\
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    \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.
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    (f) \37\ 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) * * *
                         i. U.S. Secret Service

   (1) Protection of Foreign Diplomatic Missions by the U.S. Secret 
                                Service

     Partial text of 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
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    \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.''.
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    (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--
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    \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.''.
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                  (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\
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    \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.''.
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    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.
                    j. 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; Public Law 107-297 [Terrorism Risk 
 Insurance Act of 2002; H.R. 3210], 116 Stat. 2322, approved November 
 26, 2002; and Public Law 109-2 [Class Action Fairness Act of 2005; S. 
              5], 119 Stat. 4, approved February 18, 2005

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.
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    \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)''.
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          (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--
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    \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:
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``civil liability for acts of state sponsored terrorism
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    ``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.''.
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          (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\
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    \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).
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          (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\
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    \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).
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          (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\
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    \5\ Sec. 325(b)(8) of Public Law 101-650 (104 Stat. 5121) struck 
out ``State'' and inserted in lieu thereof ``state''.
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          (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
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    \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)''.
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                  (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.
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    \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''.
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    (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.''.
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    (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''.
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    (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).
                      k. 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,''.
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                  (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.
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    (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.
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    \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''.
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    (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)''.
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    ``(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.
                       l. Diplomatic Reciprocity

(1) Equivalency of Representation Between the United States 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.
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    \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.
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    \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

Partial text of 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 2008, either 
        as freestanding law or in amendments, arranged by 
        Public Law number with corresponding short title or 
        popular name.




 
------------------------------------------------------------------------
Public Law
    No.                              Short Title
------------------------------------------------------------------------
111-8       Omnibus Appropriations Act, 2009
111-8       Department of State, Foreign Operations, and Related
             Programs Appropriations Act, 2009 (division H)
110-457     William Wilberforce Trafficking Victims Protection
             Reauthorization Act of 2008
110-457     Child Soldiers Prevention Act of 2008 (title IV)
110-429     Naval Vessel Transfer Act of 2008
110-417     Duncan Hunter National Defense Authorization Act for Fiscal
             Year 2009
110-369     United States-India Nuclear Cooperation Approval and
             Nonproliferation Enhancement Act
110-329     Department of Defense Appropriations Act, 2009
110-181     National Defense Authorization Act for Fiscal Year 2008
110-140     Energy Independence and Security Act of 2007
110-53      Implementing Recommendations of the 9/11 Commission
             Concerning Nonproliferation and Terrorism
110-17      NATO Freedom Consolidation Act of 2007
109-472     Department of State Authorities Act, 2006
109-456     Democratic Republic of the Congo Relief, Security, and
             Democracy Promotion Act of 2006
109-401     United States Additional Protocol Implementation Act
109-366     Military Commissions Act of 2006
109-364     John Warner National Defense Authorization Act for Fiscal
             Year 2007
109-353     North Korea Nonproliferation Act of 2006
109-248     Adam Walsh Child Protection and Safety Act of 2006
109-177     USA PATRIOT Improvement and Reauthorization Act of 2005
109-177     Secret Service Authorization and Technical Modification Act
             of 2005
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     Emergency Supplemental Appropriations Act 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
109-2       Class Action Fairness Act of 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     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     Enhanced 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 [international
             terrorism]
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-Corrpution 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 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))
104-203     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''
104-132     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 Panam 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
100-690     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)
100-202     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)
99-180      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
99-93       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
81-764      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 2008, 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
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 Panam Flight.....  103-158
Act to Prevent Pollution from Ships.........................  96-478
Adam Walsh Child Protection and Safety Act of 2006..........  109-248
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
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
Child Soldiers Prevention Act of 2008 (title IV)............  110-457
Chinese Student Protection Act of 1992......................  102-404
Civil Government for the Trust Territory of the Pacific       83-451
 Islands....................................................
Class Action Fairness Act of 2005...........................  109-2
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)................................................
Democratic Republic of the Congo Relief, Security, and        109-456
 Democracy Promotion Act of 2006............................
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, 2009..............  110-329
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 Authorities Act, 2006...................  109-472
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, Foreign Operations, and Related          111-8
 Programs Appropriations Act, 2009 (division H).............
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)............................................
Duncan Hunter National Defense Authorization Act for Fiscal   110-417
 Year 2009..................................................
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 Act To Address          109-148
 Hurricanes 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 Independence and Security Act of 2007................  110-140
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..................................................
Implementing Recommendations of the 9/11 Commission           110-53
 Concerning Nonproliferation and Terrorism..................
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-Corrpution 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
John Warner National Defense Authorization Act for Fiscal     109-364
 Year 2007..................................................
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
Military Commissions Act of 2006............................  109-366
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
[John Warner] National Defense Authorization Act for Fiscal   109-364
 Year 2007..................................................
National Defense Authorization Act for Fiscal Year 2008.....  110-181
[Duncan Hunter] National Defense Authorization Act for        110-417
 Fiscal Year 2009...........................................
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 Freedom Consolidation Act of 2007......................  110-17
NATO Participation Act of 1994 (title II)...................  103-447
Naval Vessel Transfer Act of 2008...........................  110-429
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 Coordinationa 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 Nonproliferation Act of 2006....................  109-353
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 Appropriations Act, 2009............................  111-8
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
Secret Service Authorization and Technical Modification Act   109-177
 of 2005....................................................
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 Covnention 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 Additional Protocol Implementation Act........  109-401
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-India Nuclear Cooperation Approval and          110-369
 Nonproliferation Enhancement Act...........................
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.-U.S.S.R. Fishing Agreement.............................  100-629
USA PATRIOT Improvement and Reauthorization Act of 2005.....  109-177
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
William Wilberforce Trafficking Victims Protection            110-457
 Reauthorization Act of 2008................................
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

                              ----------                              _


 
 
                                    A
 
Abduction, child. See Child
 abduction, international
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............      1017
African Union
  Immunities, exemptions and         PL 79-291 Sec 11......       860
   privileges.
AIDS. See Global Fund to Fight
 AIDS, Tuberculosis and Malaria
Albania
  Designation as eligible to         PL 110-17 Sec 4.......       814
   receive NATO assistance.
Ambassadors
  Panama Canal authority...........  PL 96-70 Sec 1110.....       867
American Institute in Taiwan
  Appropriations authorization,      PL 96-8 Sec 16........       846
   1980.
  Congressional oversight..........  PL 96-8 Sec 14........       845
  Definitions......................  PL 96-8 Sec 15........       845
  Furnishing property and services   PL 96-8 Sec 9.........       842
   and obtaining services from.
  Reporting requirement............  PL 96-8 Sec 12........       844
  Rules and regulations............  PL 96-8 Sec 13........       845
  Separation of government           PL 96-8 Sec 11........       843
   personnel for employment.
  Services to U.S. citizens on       PL 96-8 Sec 7.........       841
   Taiwan.
  Severability of provisions.......  PL 96-8 Sec 17........       846
  Taiwan instrumentality...........  PL 96-8 Sec 10........       842
  Tax exempt status................  PL 96-8 Sec 8.........       841
  U.S. policy......................  PL 96-8 Sec 6.........       841
American Institute in Taiwan
 Facilities Enhancement Act
  Appropriations authorization.....  PL 106-212 Sec 3......       850
  Findings.........................  PL 106-212 Sec 2......       850
American Servicemembers' Protection  PL 107-206............       783
 Act of 2002.
  Alliance command arrangements....  PL 107-206 Sec 2009...       791
  Assistance to international        PL 107-206 Sec 2015...       794
   efforts.
  Constitutional authorities         PL 107-206 Sec 2011...       791
   exercise.
  Definitions......................  PL 107-206 Sec 2013...       792
  Findings.........................  PL 107-206 Sec 2002...       783
  International Criminal Court
    Authority to free members of     PL 107-206 Sec 2008...       790
     the United States Armed Forces
     detained or imprisoned by.
American Servicemembers' Protection
 Act of 2002--Continued
  International Criminal Court--
   Continued
    Prohibition on cooperation.....  PL 107-206 Sec 2004...       787
    Prohibition on transfer of       PL 107-206 Sec 2006...       789
     classified national security
     information.
  Nondelegation....................  PL 107-206 Sec 2012...       792
  Restriction on U.S. participation  PL 107-206 Sec 2005...       788
   in certain U.N. peacekeeping
   operations.
  Waiver and termination of          PL 107-206 Sec 2003...       785
   prohibitions.
  Withholdings.....................  PL 107-206 Sec 2010...       791
Antipersonnel landmines
  Moratorium on use by Armed         PL 104-106 Sec 1402...       637
   Forces, report.
                                     PL 105-85 Sec 1309....       622
Armed Forces in Somalia
  Policy...........................  PL 103-160 Sec 1512...       774
Arms control. See also Biological
 weapons; Chemical weapons;
 Cooperative Threat Reduction;
 National Defense Authorization
 Acts; Nuclear weapons; Weapons of
 mass destruction
  Administration of proliferation    EO 12851..............       361
   sanctions.
    Arrow Tactical Anti-Missile      EO 12851 Sec 5........       363
     Program.
    Chemical and biological weapons  EO 12851 Sec 1........       361
    China, report..................  EO 12851 Sec 4........       363
    Delegations....................  EO 12851 Sec 6........       364
    Middle East....................  EO 12851 Sec 3........       363
    Missiles.......................  EO 12851 Sec 2........       362
    Priority.......................  EO 12851 Sec 7........       364
  Agreement between the United       EO 13458..............       379
   States and the IAEA for
   application of safeguards.
  Atomic Energy Act of 1954........  PL 83-703.............       405
    Byproduct material
      Authorities of the Atomic      PL 83-703 Sec 84......       427
       Energy Commission.
      Domestic distribution........  PL 83-703 Sec 81......       423
      Foreign distribution.........  PL 83-703 Sec 82......       424
      Ownership and custody of       PL 83-703 Sec 83......       425
       material and disposal sites.
    Declaration....................  PL 83-703 Sec 1.......       407
    Definitions....................  PL 83-703 Sec 11......       409
    Findings.......................  PL 83-703 Sec 2.......       407
    Information control
      Classification and             PL 83-703 Sec 142.....       464
       declassification of
       restricted data.
      Department of Defense          PL 83-703 Sec 143.....       465
       participation.
      Dissemination of unclassified  PL 83-703 Sec 148.....       470
       information prohibition.
      Fingerprinting for criminal    PL 83-703 Sec 149.....       472
       history record checks.
      International cooperation in   PL 83-703 Sec 144.....       465
       information control.
      Policy.......................  PL 83-703 Sec 141.....       464
      Restrictions.................  PL 83-703 Sec 145.....       468
      Safeguards...................  PL 83-703 Sec 147.....       468
    International activities
      Authority to suspend nuclear   PL 83-703 Sec 132.....       460
       cooperation.
      Conduct resulting in           PL 83-703 Sec 129.....       448
       termination of nuclear
       exports.
      Congressional review           PL 83-703 Sec 130.....       451
       procedures.
Arms control--Continued
  Atomic Energy Act of 1954--
   Continued
    International activities--
     Continued
      Consultation with Department   PL 83-703 Sec 133.....       460
       of Defense concerning
       exports.
      Cooperation with Berlin......  PL 83-703 Sec 125.....       441
      Cooperation with other         PL 83-703 Sec 123.....       435
       nations.
      Criteria governing U.S.        PL 83-703 Sec 127.....       446
       nuclear exports.
      Effect of arrangements.......  PL 83-703 Sec 121.....       123
      Export licensing procedures..  PL 83-703 Sec 126.....       441
      Export restrictions..........  PL 83-703 Sec 134.....       460
      International atomic pool....  PL 83-703 Sec 124.....       441
      Nuclear export procedures....  PL 83-703 Sec 128.....       447
      Policies.....................  PL 83-703 Sec 122.....       435
      Subsequent international       PL 83-703 Sec 131.....       454
       arrangements.
    Joint Committee on Atomic
     Energy
      Abolishment of...............  PL 83-703 Sec 301.....       474
      Information and assistance to  PL 83-703 Sec 303.....       475
       congressional committees.
      Transfer of functions repeal.  PL 83-703 Sec 302.....       475
    Licenses
      Commercial...................  PL 83-703 Sec 103.....       431
      Medical therapy and research   PL 83-703 Sec 104.....       433
       and development.
      Nuclear Regulatory Commission  PL 83-703 Sec 111.....       434
       authority.
      Requirements.................  PL 83-703 Sec 101.....       431
      Utilization and production     PL 83-703 Sec 102.....       431
       facilities.
                                     ......................       434
    Military application of atomic
     energy
      Authorization................  PL 83-703 Sec 91......       428
      Prohibition..................  PL 83-703 Sec 92......       430
    Purpose........................  PL 83-703 Sec 3.......       408
    Source material
      Determinations...............  PL 83-703 Sec 61......       422
      Foreign distribution.........  PL 83-703 Sec 64......       422
      License for transfers          PL 83-703 Sec 62......       422
       required.
      Prohibition..................  PL 83-703 Sec 69......       423
    Special nuclear material
      Acquisition..................  PL 83-703 Sec 55......       418
      Determinations...............  PL 83-703 Sec 51......       416
      Foreign distribution.........  PL 83-703 Sec 54......       416
      Guaranteed purchase prices...  PL 83-703 Sec 56......       419
      Prohibition..................  PL 83-703 Sec 57......       419
      Review.......................  PL 83-703 Sec 58......       421
  Chemical and Biological Weapons    PL 102-182............       349
   Control and Warfare Elimination
   Act of 1991.
    Determinations regarding use of  PL 102-182 Sec 306....       351
     weapons.
    Duplicative provisions repeal..  PL 102-182 Sec 309....       357
    Export controls................  PL 102-182 Sec 304....       351
    Multilateral efforts...........  PL 102-182 Sec 303....       350
    Purposes.......................  PL 102-182 Sec 302....       349
    Sanctions against use of         PL 102-182 Sec 307....       353
     weapons.
  Chemical Weapons Convention        EO 13128..............       371
   implementation.
  Chemical Weapons Convention        PL 105-277............       262
   Implementation Act of 1998.
    Civil actions..................  PL 105-277 Sec 502(b).       293
    Civil liability of the United    PL 105-277 Sec 103....       267
     States.
    Confidentiality of information.  PL 105-277 Sec 404....       290
    Constitutional rights, no        PL 105-277 Sec 102....       267
     abridgement of.
Arms control--Continued
  Chemical Weapons Convention
   Implementation Act of 1998--
   Continued
    Criminal and civil penalties...  PL 105-277 Sec 201....       273
    Criminal forfeitures...........  PL 105-277 Sec 201....       275
    Definitions....................  PL 105-277 Sec 3......       263
                                     PL 105-277 Sec 201....       277
    Destruction of weapons.........  PL 105-277 Sec 201....       276
    Enforcement jurisdiction.......  PL 105-277 Sec 502(a).       293
    Expedited judicial review......  PL 105-277 Sec 503....       294
    Export privileges revocation...  PL 105-277 Sec 211....       279
    Individual self-defense devices  PL 105-277 Sec 201....       276
    Injunctions....................  PL 105-277 Sec 201....       276
    Inspections
      Authorization................  PL 105-277 Sec 303....       280
      Definitions..................  PL 105-277 Sec 301....       279
      Facility agreements with       PL 105-277 Sec 302....       279
       regard to inspections.
      Low concentrations of          PL 105-277 Sec 402....       289
       schedule 2 and 3 chemicals
       prohibition.
      Military assistance requests   PL 105-277 Sec 201....       277
       to enforce prohibition.
      National security exception..  PL 105-277 Sec 307....       287
      Procedures...................  PL 105-277 Sec 304....       281
      Prohibited acts..............  PL 105-277 Sec 306....       287
      Report.......................  PL 105-277 Sec 309....       287
      U.S. assistance at private     PL 105-277 Sec 310....       288
       facilities.
      Warrants.....................  PL 105-277 Sec 305....       283
    Penalties......................  PL 105-277 Sec 201....       274
                                     PL 105-277 Sec 501....       292
    Prohibited activities..........  PL 105-277 Sec 201....       274
    Prohibitions...................  PL 105-277 Sec 602....       294
    Recordkeeping violations.......  PL 105-277 Sec 405....       291
    United States National
     Authority
      Designation..................  PL 105-277 Sec 101....       267
      Reports requirement..........  PL 105-277 Sec 401....       288
    Unscheduled discrete organic     PL 105-277 Sec 403....       290
     chemicals and byproducts in
     waste streams prohibition.
  Combatting Proliferation of        PL 104-293............       300
   Weapons of Mass Destruction Act
   of 1996.
    Commission
      Duties of....................  PL 104-293 Sec 712....       302
      Establishment of.............  PL 104-293 Sec 711....       300
      Payment of expenses..........  PL 104-293 Sec 717....       305
      Personnel matters............  PL 104-293 Sec 714....       304
      Powers of....................  PL 104-293 Sec 713....       303
      Termination of...............  PL 104-293 Sec 715....       305
    Contributions of foreign         PL 104-293 Sec 722....       306
     persons to efforts of
     countries of concern, report.
    Definition.....................  PL 104-293 Sec 716....       305
    Technology acquisition, reports  PL 104-293 Sec 721....       305
  Defense Against Weapons of Mass    PL 104-201............       308
   Destruction Act of 1996.
    Allocation transfers among       PL 104-201 Sec 1452...       322
     cooperative threat reduction
     programs.
    Assistance to states of former   PL 104-201 Sec 1453...       323
     Soviet Union, sense of
     Congress.
    Chemical, biological,            PL 104-201 Sec 1414...       313
     radiological, nuclear and high-
     yield explosives response team.
    Comprehensive preparedness       PL 104-201 Sec 1443...       321
     program.
    Contracting policy, sense of     PL 104-201 Sec 1451...       322
     Congress.
Arms control--Continued
  Defense Against Weapons of Mass
   Destruction Act of 1996--
   Continued
    Criminal penalties, sense of     PL 104-201 Sec 1423...       317
     Congress.
    Definitions....................  PL 104-201 Sec 1403...       311
    Detection equipment procurement  PL 104-201 Sec 1421...       317
     for U.S. border security.
    Emergency preparedness for       PL 104-201 Sec 1415...       313
     nuclear, radiological,
     chemical and biological
     weapons.
    Findings.......................  PL 104-201 Sec 1402...       309
    International border security..  PL 104-201 Sec 1424...       318
    Military assistance to civilian  PL 104-201 Sec 1416...       315
     law enforcement officials in
     emergency situations.
    National Coordinator for         PL 104-201 Sec 1441...       319
     Nonproliferation Matters.
    National Security Council        PL 104-201 Sec 1442...       320
     Committee on Nonproliferation.
    Nuclear, chemical and            PL 104-201 Sec 1413...       312
     biological emergency response.
    Plutonium production             PL 104-201 Sec 1432...       318
     elimination.
    Policy termination.............  PL 104-201 Sec 1444...       322
    Purchase, packaging and          PL 104-201 Sec 1455...       323
     transportation of fissile
     materials at risk of theft.
    Purchase of low-enriched         PL 104-201 Sec 1454...       323
     uranium derived from Russian
     highly enriched uranium.
    Rapid response information       PL 104-201 Sec 1417...       316
     system.
    Response to threats of           PL 104-201 Sec 1411...       311
     terrorist incidents.
  Defense Against Weapons of Mass    PL 105-261............       296
   Destruction Act of 1998.
    Advisory panel to assess         PL 105-261 Sec 1405...       297
     domestic response capabilities.
    Domestic preparedness for        PL 105-261 Sec 1402...       296
     response to threats of
     terrorist use of weapons.
    Threat and risk assessments....  PL 105-261 Sec 1404...       297
  Department of Defense              PL 98-525.............       716
   Authorization Act, FY 1985.
    Biological and chemical weapon   PL 98-525 Sec 1109....       720
     verification programs, sense
     of Congress.
    Nuclear risk reduction centers   PL 98-525 Sec 1108....       719
     establishment in the United
     States and Soviet Union, sense
     of Congress.
    Nuclear winter findings and      PL 98-525 Sec 1107....       718
     policy implications, report.
    Soviet compliance with arms      PL 98-525 Sec 1106....       718
     control agreements, report.
    Strategic nuclear submarine      PL 98-525 Sec 1101....       716
     force, report.
    Tactical nuclear warheads        PL 98-525 Sec 1104....       717
     withdrawal from Europe, report.
    Theater nuclear weapons and      PL 98-525 Sec 1103....       716
     force structure, report.
    Treaties to prevent nuclear      PL 98-525 Sec 1111....       723
     testing policy.
    U.S. counterforce capability,    PL 98-525 Sec 1105....       717
     report.
    U.S. pursuit of outstanding      PL 98-525 Sec 1110....       721
     arms control compliance, sense
     of Congress.
Arms control--Continued
  Department of Defense              PL 99-145.............       711
   Authorization Act, FY 1986.
    Arms control verification        PL 99-145 Sec 1003....       713
     capabilities, study.
    Compliance with existing         PL 99-145 Sec 1001....       711
     strategic offensive arms
     agreements policy.
    Exchange of high-ranking         PL 99-145 Sec 1005....       714
     military and civilian
     personnel with the Soviet
     Union pilot program.
    Nuclear winter findings and      PL 99-145 Sec 1006....       714
     policy implications, report.
    United States-Soviet             PL 99-145 Sec 1004....       714
     negotiations on reduction in
     nuclear arms, sense of
     Congress.
  Department of Defense              PL 99-661.............       707
   Authorization Act, FY 1987.
    Chairman of the Joint Chiefs of  PL 99-661 Sec 1003....       708
     Staff on non-compliance with
     strategic arms agreements,
     report.
    Nuclear risk reduction centers   PL 99-661 Sec 1004....       709
     support, sense of Congress.
    Nuclear testing, sense of        PL 99-661 Sec 1002....       707
     Congress.
    SALT II compliance, sense of     PL 99-661 Sec 1001....       707
     Congress.
  Department of Energy Act of 1978,
   Civilian Applications
    Reports........................  PL 95-238 Sec 203.....       403
                                     PL 95-238 Sec 208.....       403
  Enrichment Oversight Committee...  EO 13085..............       510
    Domestic enrichment services...  EO 13085 Sec 6........       512
    Establishment..................  EO 13085 Sec 1........       510
    Foreign ownership, control or    EO 13085 Sec 5........       511
     influence.
    HEU Agreement oversight........  EO 13085 Sec 4........       511
    Nuclear Regulatory Commission    EO 13085 Sec 7........       512
     coordination.
    Objectives.....................  EO 13085 Sec 2........       510
    Organization...................  EO 13085 Sec 3........       510
  EURATOM Cooperation Act of 1958..  PL 85-846.............       514
    Appropriations authorization...  PL 85-846 Sec 3.......       514
                                     PL 85-846 Sec 4.......       515
    Definitions....................  PL 85-846 Sec 2.......       514
    Liability......................  PL 85-846 Sec 7.......       517
    Purchase authority.............  PL 85-846 Sec 6.......       516
    Sale or lease authority........  PL 85-846 Sec 5.......       516
  Former Soviet Union
   Demilitarization Act of 1992
    Administration of programs.....  PL 102-484 Sec 1421...       164
    Authorization of programs......  PL 102-484 Sec 1412...       162
    Findings.......................  PL 102-484 Sec 1411...       161
  FREEDOM Support Act
    Appropriate congressional        PL 102-511 Sec 508(c).       155
     committees defined.
    Defense conversion authorities   PL 102-511 Sec 505....       153
     funding limitations.
    Eligibility for funds..........  PL 102-511 Sec 502....       150
    Findings.......................  PL 102-511 Sec 501....       149
    Funding authorization..........  PL 102-511 Sec 504....       152
    Funding provisions waiver......  PL 102-511 Sec 507....       154
    International Nonproliferation   PL 102-511 Sec 509....       155
     Initiative.
    Notice of proposed obligations.  PL 102-511 Sec 508(a).       154
    Report to Congress.............  PL 102-511 Sec 508(b).       155
    Research and Development         PL 102-511 Sec 511....       158
     Foundation.
Arms control--Continued
  FREEDOM Support Act--Continued
    Soviet weapons destruction.....  PL 102-511 Sec 506....       153
    Special nuclear materials,       PL 102-511 Sec 510....       158
     report.
    States of the former Soviet      PL 102-511 Sec 503....       150
     Union.
  Herbicides and riot control        EO 11850..............       359
   agents, renunciation of war use.
  Highly enriched uranium extracted  EO 13159..............       373
   from nuclear weapons, blocking
   property of the Russian
   Federation government related to
   disposition.
  International Atomic Energy
   Agency cooperation
    Authority to carry out           EO 10841..............       528
     provisions of the Atomic
     Energy Act of 1954.
    Authorization for communication  EO 10899..............       527
     of restricted data by Central
     Intelligence Agency.
    Authorization for communication  EO 11057..............       526
     of restricted data by
     Department of State.
  International Atomic Energy        PL 85-177.............       521
   Agency Participation Act of 1957.
    Appointments...................  PL 85-177 Sec 2.......       521
    Appropriations authorization...  PL 85-177 Sec 5.......       523
    Authority......................  PL 85-177 Sec 4.......       523
    Federal employees..............  PL 85-177 Sec 6.......       523
    Senate advise and consent        PL 85-177 Sec 8.......       524
     refusal.
    U.S. participation.............  PL 85-177 Sec 3.......       522
  Iran, North Korea and Syria        PL 106-178............       238
   Nonproliferation Act.
    Application of measures to       PL 106-178 Sec 3......       240
     certain foreign persons.
    Definitions....................  PL 106-178 Sec 7......       247
    Exemption from measures........  PL 106-178 Sec 5......       242
    International Space Station      PL 106-178 Sec 6......       244
     restriction on extraordinary
     payments.
    Procedures if measures are not   PL 106-178 Sec 4......       242
     applied.
    Reports........................  PL 106-178 Sec 2......       239
  Iran-Iraq Arms Nonproliferation    PL 102-484............       344
   Act of 1992.
    Application to Iran of certain   PL 102-484 Sec 1603...       345
     Iraq sanctions.
    Definitions....................  PL 102-484 Sec 1608...       347
    Policy.........................  PL 102-484 Sec 1602...       344
    Reporting requirements.........  PL 102-484 Sec 1607...       347
    Sanctions
      Against foreign countries....  PL 102-484 Sec 1605...       345
      Against persons..............  PL 102-484 Sec 1604...       345
    Waiver.........................  PL 102-484 Sec 1606...       346
  Iran Nonproliferation Amendments   PL 109-112............       206
   Act of 2005.
    Findings.......................  PL 109-112 Sec 2......       206
  Iran Nuclear Proliferation         PL 107-228............       232
   Prevention Act of 2002.
    Annual review of IAEA projects.  PL 107-228 Sec 1343...       232
    Reporting requirements.........  PL 107-228 Sec 1344...       233
    Sense of Congress..............  PL 107-228 Sec 1345...       233
  National Missile Defense Act of
   1999
    National missile defense policy  PL 106-38 Sec 2.......       261
    Reduction of Russian nuclear     PL 106-38 Sec 3.......       261
     forces policy.
  National Security and Corporate    PL 106-113............       250
   Fairness under the Biological
   Weapons Convention Act.
    Definitions....................  PL 106-113 Sec 1122...       251
    Findings.......................  PL 106-113 Sec 1123...       251
Arms control--Continued
  National Security and Corporate
   Fairness under the Biological
   Weapons Convention Act--
   Continued
    Nonproliferation program use of  PL 106-113 Sec 1132...       254
     resources.
    Provision of information to      PL 106-113 Sec 1134...       255
     Congress.
    Science and technology centers
      In the former Soviet Union...  PL 106-113 Sec 1138...       256
      Research and activities......  PL 106-113 Sec 1139...       256
    Trial investigations and visits  PL 106-113 Sec 1124...       252
    Weapons-grade material           PL 106-113 Sec 1133...       254
     disposition.
  Nonproliferation and Export        PL 107-228............       214
   Control Assistance, 2003.
    Appropriations authorization...  PL 107-228 Sec 1301...       214
    IAEA budget assessments and      PL 107-228 Sec 1305...       215
     voluntary contributions.
    Reports........................  PL 107-228 Sec 1308...       217
    Scientist relocation...........  PL 107-228 Sec 1304(d)       215
    Technology acquisition programs  PL 107-228 Sec 1302...       214
     for friendly foreign countries.
    Three-year international         PL 107-228 Sec 1309...       220
     strategy.
  Nonproliferation Assistance        PL 107-228............       228
   Coordination Act of 2002.
    Administrative support.........  PL 107-228 Sec 1336...       230
    Authority......................  PL 107-228 Sec 1335(b)       230
    Committee on Nonproliferation    PL 107-228 Sec 1334...       229
     Assistance establishment.
    Confidentiality of information.  PL 107-228 Sec 1337...       231
    Consultation...................  PL 107-228 Sec 1339(b)       231
    Definitions....................  PL 107-228 Sec 1333...       229
    Findings.......................  PL 107-228 Sec 1332...       228
    Purposes.......................  PL 107-228 Sec 1335(a)       229
    Report.........................  PL 107-228 Sec 1339(a)       231
    Statutory construction.........  PL 107-228 Sec 1338...       231
  Nonproliferation provisions in     PL 107-228............       234
   Foreign Relations Authorization
   Act, FY 2003.
    Chemical Weapons Convention      PL 107-228 Sec 1605...       236
     compliance.
    Detailing U.S. governmental      PL 107-228 Sec 1603...       235
     personnel to international
     organizations.
    Diplomatic presence overseas...  PL 107-228 Sec 1604...       235
    Real-time availability of        PL 107-228 Sec 1602...       235
     seismological data.
    South Asia nuclear and missile   PL 107-228 Sec 1601...       234
     nonproliferation.
  North Korea Threat Reduction Act   PL 106-113............       500
   of 1999.
    Definitions....................  PL 106-113 Sec 823....       501
    Restrictions on nuclear          PL 106-113 Sec 822....       500
     cooperation.
  Nuclear cooperation between the
   United States and China
    Approval of Agreement of July    PL 99-183.............       519
     23, 1985.
  Nuclear material export
    Low-enriched uranium fuel......  PL 96-280.............       400
    Special material and components  EO 12055..............       402
     to India.
                                     EO 12218..............       401
  Nuclear Non-Proliferation Act of   PL 95-242.............       380
   1978.
    Annual reports.................  PL 95-242 Sec 602.....       395
    Definitions....................  PL 95-242 Sec 4.......       381
    Developing countries assistance
      Policy.......................  PL 95-242 Sec 501.....       391
      Programs.....................  PL 95-242 Sec 502.....       392
      Reports......................  PL 95-242 Sec 501.....       391
Arms control--Continued
  Nuclear Non-Proliferation Act of
   1978--Continued
    Developing countries
     assistance--Continued
      Reports--Continued
                                     PL 95-242 Sec 503.....       393
    Exports
      Authority to continue          PL 95-242 Sec 405.....       391
       agreements.
      Control requirements.........  PL 95-242 Sec 402.....       388
      Controls.....................  PL 95-242 Sec 309.....       387
      Environmental protection.....  PL 95-242 Sec 407.....       342
      Licensing procedures.........  PL 95-242 Sec 304.....       386
      Peaceful nuclear activities..  PL 95-242 Sec 403.....       388
      Renegotiation of cooperation   PL 95-242 Sec 404.....       390
       agreements.
      Review.......................  PL 95-242 Sec 406.....       391
    Initiatives to provide adequate
     nuclear fuel supply
      International undertakings...  PL 95-242 Sec 104.....       383
      Policy.......................  PL 95-242 Sec 101.....       382
      Reevaluation of nuclear fuel   PL 95-242 Sec 105.....       384
       cycle.
      Report.......................  PL 95-242 Sec 103.....       383
      Uranium enrichment capacity..  PL 95-242 Sec 102.....       382
    International safeguard system
     strengthening
      Negotiations.................  PL 95-242 Sec 203.....       386
      Policy.......................  PL 95-242 Sec 201.....       385
      Training program.............  PL 95-242 Sec 202.....       385
    Policy statement...............  PL 95-242 Sec 2.......       380
    Presidential reports...........  PL 95-242 Sec 601.....       393
    Purpose statement..............  PL 95-242 Sec 3.......       381
    Saving clause..................  PL 95-242 Sec 603.....       397
  Nuclear non-proliferation          EO 12058..............       398
   functions.
  Nuclear Proliferation Prevention   PL 103-236............       324
   Act of 1994.
    Definitions....................  PL 103-236 Sec 830....       331
    International Atomic Energy
     Agency
      Bilateral and multilateral     PL 103-236 Sec 841....       332
       initiatives.
      Definitions..................  PL 103-236 Sec 844....       335
      Internal reforms.............  PL 103-236 Sec 842....       333
      Reporting requirement........  PL 103-236 Sec 843....       334
    International financial          PL 103-236 Sec 823....       328
     institutions role.
    Procurement sanction on persons  PL 103-236 Sec 821....       324
     engaging in export activities
     that contribute to
     proliferation.
    Prohibition on assisting         PL 103-236 Sec 824....       328
     proliferation through the
     provision of financing.
    Reporting on demarches, sense    PL 103-236 Sec 828(b).       330
     of Congress.
  Nuclear Security Initiative Act    PL 108-136............       209
   of 2003.
    Enhanced collaboration for more  PL 108-136 Sec 3624...       212
     reliable Russian early warning
     systems, sense of Congress.
    Interparliamentary Threat        PL 108-136 Sec 3622...       211
     Reduction Working Group
     establishment.
    Management assessment of threat  PL 108-136 Sec 3611...       209
     reduction and nonproliferation
     programs.
    Nuclear and radiological         PL 108-136 Sec 3631...       212
     security and safety
     discussions between IAEA and
     OECD.
Arms control--Continued
  Nuclear Security Initiative Act
   of 2003--Continued
    Russian tactical nuclear         PL 108-136 Sec 3621...       211
     weapons, comprehensive
     inventory.
    United States and NATO           PL 108-136 Sec 3623...       211
     cooperation with Russia on
     ballistic missile defenses,
     sense of Congress.
  Proliferation Prevention           PL 106-113............       257
   Enhancement Act of 1999.
    Automated Export System
      Definitions..................  PL 106-113 Sec 1256...       260
      Department of State licensing  PL 106-113 Sec 1255...       259
       procedures acceleration.
      Mandatory use................  PL 106-113 Sec 1252...       258
      Report to Congress...........  PL 106-113 Sec 1254...       259
      Voluntary use, sense of        PL 106-113 Sec 1253...       259
       Congress.
  Russian Federation Debt Reduction  PL 107-228............       221
   for Nonproliferation Act of 2002.
    Center for an Independent Press  PL 107-228 Sec 1316...       226
     and the Rule of Law
     establishment.
    Congressional consultations....  PL 107-228 Sec 1320...       227
    Debt reduction authority         PL 107-228 Sec 1317...       226
     restriction.
    Debt reduction with other        PL 107-228 Sec 1318...       227
     creditor states, sense of
     Congress.
    Definitions....................  PL 107-228 Sec 1313...       223
    Findings.......................  PL 107-228 Sec 1312(a)       221
    Purposes.......................  PL 107-228 Sec 1312(b)       223
    Reduction of Soviet-era debt     PL 107-228 Sec 1314...       224
     obligations to the U.S.
     authorization.
    Reports to Congress............  PL 107-228 Sec 1321...       227
    Russian Federation               PL 107-228 Sec 1315...       225
     Nonproliferation Investment
     Agreement.
    U.S. policy implementation,      PL 107-228 Sec 1319...       227
     sense of Congress.
  Soviet Nuclear Threat Reduction    PL 102-228............       166
   Act of 1991.
    Administration of program......  PL 102-228 Sec 221....       167
    Authorization of program.......  PL 102-228 Sec 212....       167
    Dire emergency supplemental      PL 102-228 Sec 223....       169
     appropriations.
    Emergency airlift authorization  PL 102-228 Sec 301....       169
    Prior notice of obligations to   PL 102-228 Sec 231....       169
     Congress.
    Repayment arrangements.........  PL 102-228 Sec 222....       168
    Reporting requirements.........  PL 102-228 Sec 302....       171
  Soviet Nuclear Threat Reduction
   Appropriations, FY 1992
    Arms sales restriction to Saudi  PL 102-229 Sec 104....       173
     Arabia and Kuwait.
    Congressional designation of     PL 102-229 Sec 202....       176
     emergency.
    Funds transfer.................  PL 102-229 Sec 108....       174
                                     PL 102-229 Sec 109....       175
    U.S. recognition of Ukrainian    PL 102-229 Sec 204....       176
     independence, sense of the
     Senate.
  United States Enrichment           PL 104-134............       502
   Corporation Privatization Act.
    Definitions....................  PL 104-134 Sec 3102...       502
    Establishment of private         PL 104-134 Sec 3105...       504
     corporation.
    Transfers to private             PL 104-134 Sec 3106...       505
     corporation.
    United States Enrichment
     Corporation
      Method of sale...............  PL 104-134 Sec 3104...       503
      Sale of......................  PL 104-134 Sec 3103...       503
    Uranium transfers and sales....  PL 104-134 Sec 3112...       505
Arms control--Continued
  United States-India Nuclear        PL 110-369............       477
   Cooperation Approval and
   Nonproliferation Enhancement Act.
    Additional protocol between      PL 110-369 Sec 103....       479
     India and the IAEA.
    Agreement approval.............  PL 110-369 Sec 101....       478
    Certification requirement......  PL 110-369 Sec 102(c).       479
    Definitions....................  PL 110-369 Sec 2......       477
    Policy declarations............  PL 110-369 Sec 102(a).       478
                                     PL 110-369 Sec 102(b).       478
    Procedures regarding subsequent  PL 110-369 Sec 201....       480
     reprocessing arrangement.
    Rule of construction...........  PL 110-369 Sec 102(d).       479
    Safeguard agreement              PL 110-369 Sec 104....       479
     implementation between India
     and the IAEA.
    U.S. policy at the Nuclear       PL 110-369 Sec 204....       480
     Suppliers Group.
  United States-India Peaceful       PL 109-401............       482
   Atomic Energy Cooperation Act of
   2006.
    Compliance with nuclear          PL 109-401 Sec 105....       496
     nonproliferation treaty
     obligations.
    Congressional approval.........  PL 109-401 Sec 104....       485
    Definitions....................  PL 109-401 Sec 110....       497
    Inoperability of determination   PL 109-401 Sec 106....       496
     and waivers.
    MTCR adherent status...........  PL 109-401 Sec 107....       496
    Policy statements..............  PL 109-401 Sec 103....       484
    Scientific cooperative nuclear   PL 109-401 Sec 109....       497
     nonproliferation program.
    Sense of Congress..............  PL 109-401 Sec 102....       482
    Waiver authority...............  PL 109-401 Sec 104....       485
  Weapons of Mass Destruction        PL 102-484............       337
   Control Act of 1992.
    International nonproliferation   PL 102-484 Sec 1505...       340
     initiative.
    Nonproliferation activities of   PL 102-484 Sec 1503...       338
     Department of Defense and
     Department of Energy, report.
    Nonproliferation technology      PL 102-484 Sec 1504...       339
     initiative.
    Sense of Congress..............  PL 102-484 Sec 1502...       337
  Weapons of mass destruction        EO 12938..............       365
   proliferation.
    Blocking property of             EO 13382..............       376
     proliferators and their
     supporters.
    Department of Commerce controls  EO 12938 Sec 3........       366
    Imposition of controls.........  EO 12938 Sec 2........       365
    International negotiations.....  EO 12938 Sec 1........       365
    Judicial review................  EO 12938 Sec 9........       370
    Measures against foreign         EO 12938 Sec 4........       366
     persons.
    Preservation of authorities....  EO 12938 Sec 8........       369
    Revocation of orders...........  EO 12938 Sec 10.......       370
    Sanctions
      Against foreign countries....  EO 12938 Sec 5........       368
      Duration of..................  EO 12938 Sec 6........       369
      Implementation of............  EO 12938 Sec 7........       369
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.............         5
  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
Arms Control and Disarmament Act--
 Continued
  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..............        43
 Authorization, FY 1986 and 1987.
  Chemical weapons banning policy..  PL 99-93 Sec 707......        45
  Crisis stability and control       PL 99-93 Sec 706......        44
   study.
  Geneva structure for negotiating   PL 99-93 Sec 705......        43
   teams use.
  Nuclear winter consequences,       PL 99-93 Sec 708......        46
   joint study policy.
Arms Control and Disarmament Act     PL 100-213............        41
 Authorization, FY 1988 and 1989.
  Inspector General................  PL 100-213 Sec 6......        42
  Standing Consultative Commission.  PL 100-213 Sec 3......        41
Arms Control and Disarmament Act     PL 101-216............        39
 Authorization, FY 1990 and 1991.
  Arms control verification........  PL 101-216 Sec 105....        39
  Defense industries conversion,     PL 101-216 Sec 106....        40
   report.
  Implementation and compliance      PL 101-216 Sec 104....        39
   resolution.
Arms Control and Disarmament Agency
  Appropriations authorization.....  PL 105-277 Sec 2601...        36
  Revitalization of, report........  PL 103-236 Sec 717....        38
Arms Control and Disarmament Agency
 Authorization, FY 1999
  Foreign relations authorization
    Appropriate congressional        PL 105-277 Sec 2002...        36
     committees, defined.
  United States Arms Control and
   Disarmament Agency
    Appropriations authorization...  PL 105-277 Sec 2601...        36
Arms Control and Nonproliferation    PL 103-236............        37
 Act of 1994.
  Congressional declarations.......  PL 103-236 Sec 702(a).        37
  Negotiating records..............  PL 103-236 Sec 713(b).        38
  Purpose..........................  PL 103-236 Sec 702(b).        37
  Research and development           PL 103-236 Sec 711....        38
   coordination, report.
  Revitalization of ACDA, report...  PL 103-236 Sec 717....        38
Arms Control and Nonproliferation    PL 106-113............        30
 Act of 1999.
  Assistant Secretary of State for   PL 106-113 Sec 1112...        32
   Verification and Compliance.
  Definitions......................  PL 106-113 Sec 1102...        31
  Key Verification Assets Fund.....  PL 106-113 Sec 1111...        31
  Protection of U.S. companies.....  PL 106-113 Sec 1117...        34
  Seismology data availability.....  PL 106-113 Sec 1116...        34
  START and START II Treaties        PL 106-113 Sec 1114...        33
   monitoring, report.
Arms Control and Nonproliferation
 Act of 1999--Continued
  Transmittal of summaries           PL 106-113 Sec 1118...        35
   requirement.
  Verification standards...........  PL 106-113 Sec 1115...        34
Arms Control and Nonproliferation
 Authorization, FY 2003
  Security Assistance Act of 2002
    Key Verification Assets Fund...  PL 107-228 Sec 1102...        28
    Personnel appropriations.......  PL 107-228 Sec 1101(b)        28
    Verification and compliance      PL 107-228 Sec 1101(a)        28
     appropriations.
Asia
  Nuclear and missile                PL 107-228 Sec 1601...       234
   nonproliferation in southern
   countries.
  Tonkin Gulf Resolution...........  PL 88-408.............       806
Asia-Pacific region
  Response to increased missile      PL 105-261 Sec 1533...       610
   threat, report.
Assistant Secretaries of State
  Arms control verification and      PL 106-113 Sec 1112...        32
   compliance.
Atomic Energy Act of 1954..........  PL 83-703.............       405
  Authority to carry out             EO 10841..............       528
   international cooperation
   provisions.
  Byproduct material
    Authorities of the Atomic        PL 83-703 Sec 84......       427
     Energy Commission.
    Domestic distribution..........  PL 83-703 Sec 81......       423
    Foreign distribution...........  PL 83-703 Sec 82......       424
    Ownership and custody of         PL 83-703 Sec 83......       425
     material and disposal sites.
  Declaration......................  PL 83-703 Sec 1.......       407
  Definitions......................  PL 83-703 Sec 11......       409
  Findings.........................  PL 83-703 Sec 2.......       407
  Information control
    Classification and               PL 83-703 Sec 142.....       464
     declassification of restricted
     data.
    Department of Defense            PL 83-703 Sec 143.....       465
     participation.
    Dissemination of unclassified    PL 83-703 Sec 148.....       470
     information, prohibition
     against.
    Fingerprinting for criminal      PL 83-703 Sec 149.....       472
     history record checks.
    International cooperation......  PL 83-703 Sec 144.....       465
    Policy.........................  PL 83-703 Sec 141.....       464
    Restrictions...................  PL 83-703 Sec 145.....       468
    Safeguards.....................  PL 83-703 Sec 147.....       468
  International activities
    Authority to suspend nuclear     PL 83-703 Sec 132.....       460
     cooperation.
    Conduct resulting in             PL 83-703 Sec 129.....       448
     termination of nuclear exports.
    Congressional review procedures  PL 83-703 Sec 130.....       451
    Consultation with Department of  PL 83-703 Sec 133.....       460
     Defense concerning exports.
    Cooperation with Berlin........  PL 83-703 Sec 125.....       441
    Cooperation with other nations.  PL 83-703 Sec 123.....       435
    Criteria governing U.S. nuclear  PL 83-703 Sec 127.....       446
     exports.
    Effect of arrangements.........  PL 83-703 Sec 121.....       123
    Export licensing procedures....  PL 83-703 Sec 126.....       441
    Export restrictions............  PL 83-703 Sec 134.....       460
    International atomic pool......  PL 83-703 Sec 124.....       441
    Nuclear export procedures......  PL 83-703 Sec 128.....       447
    Policies.......................  PL 83-703 Sec 122.....       435
    Subsequent international         PL 83-703 Sec 131.....       454
     arrangements.
  Joint Committee on Atomic Energy
    Abolishment....................  PL 83-703 Sec 301.....       474
Atomic Energy Act of 1954--
 Continued
  Joint Committee on Atomic Energy--
   Continued
    Information and assistance to    PL 83-703 Sec 303.....       475
     congressional committees.
    Transfer of functions repeal...  PL 83-703 Sec 302.....       475
  Licenses
    Commercial.....................  PL 83-703 Sec 103.....       431
    Medical therapy and research     PL 83-703 Sec 104.....       433
     and development.
    Nuclear Regulatory Commission    PL 83-703 Sec 111.....       434
     authority.
    Requirements...................  PL 83-703 Sec 101.....       431
    Utilization and production       PL 83-703 Sec 102.....       431
     facilities.
                                     PL 83-703 Sec 109.....       434
  Military application of atomic
   energy
    Authority......................  PL 83-703 Sec 91......       428
    Prohibition....................  PL 83-703 Sec 92......       430
  Nuclear exports
    Procedures.....................  PL 83-703 Sec 128.....       447
  Purpose..........................  PL 83-703 Sec 3.......       408
  Source material
    Determinations.................  PL 83-703 Sec 61......       422
    Foreign distribution...........  PL 83-703 Sec 64......       422
    License for transfers required.  PL 83-703 Sec 62......       422
    Prohibition....................  PL 83-703 Sec 69......       423
  Special nuclear material
    Acquisition....................  PL 83-703 Sec 55......       418
    Determinations.................  PL 83-703 Sec 51......       416
    Foreign distribution...........  PL 83-703 Sec 54......       416
    Guaranteed purchase prices.....  PL 83-703 Sec 56......       419
    Prohibition....................  PL 83-703 Sec 57......       419
    Review.........................  PL 83-703 Sec 58......       421
Atomic Energy Commission
  Central Intelligence Agency        EO 10899..............       527
   authorization for communication
   of restricted data.
  Department of State authorization  EO 11057..............       526
   for communication of restricted
   data.
Attorney General
  Intercountry adoption              PL 106-279 Sec 103....      1021
   responsibilities.
Authorization for Use of Military    PL 102-1..............       770
 Force Against Iraq Resolution.
  Authorization for Use of United    PL 102-1 Sec 2........       770
   States Armed Forces.
  Reports..........................  PL 102-1 Sec 3........       771
Authorization for Use of Military    PL 107-243............       740
 Force Against Iraq Resolution of
 2002.
  Authorization for use of United    PL 107-243 Sec 3......       743
   States Armed Forces.
  Reports..........................  PL 107-243 Sec 4......       744
  Support for U.S. diplomatic        PL 107-243 Sec 2......       743
   efforts.
Authorization for use of military    PL 107-40.............       746
 force in response to terrorist
 attacks of September 11, 2001.
Authorization for use of military
 force in Somalia
  Findings.........................  PL 103-139 Sec 8151...       772
Automated Export System
  Definitions......................  PL 106-113 Sec 1256...       260
  Department of State licensing      PL 106-113 Sec 1255...       259
   procedures acceleration.
  Mandatory use....................  PL 106-113 Sec 1252...       258
  Report to Congress...............  PL 106-113 Sec 1254...       259
  Voluntary use, sense of Congress.  PL 106-113 Sec 1253...       259
                                    B
 
Biological weapons. See also Arms
 control
  Administration of proliferation    EO 12851 Sec 1........       361
   sanctions.
  Chemical and Biological Weapons    PL 102-182............       349
   Control and Warfare Elimination
   Act of 1991.
    Determinations regarding use...  PL 102-182 Sec 306....       351
    Duplicative provisions repeal..  PL 102-182 Sec 309....       357
    Export controls................  PL 102-182 Sec 304....       351
    Multilateral efforts...........  PL 102-182 Sec 303....       350
    Purposes.......................  PL 102-182 Sec 302....       349
    Sanctions against use..........  PL 102-182 Sec 307....       353
  Emergency preparedness testing...  PL 104-201 Sec 1415...       313
  Emergency response...............  PL 104-201 Sec 1413...       312
  Funds limitation to offensive      PL 104-106 Sec 1208...       133
   warfare program of Russia.
  Funds use limitation for           PL 105-261 Sec 1305...       113
   proliferation prevention
   activities in Russia.
  High-yield explosives response     PL 104-201 Sec 1414...       313
   team.
  Military assistance to civilian    PL 104-201 Sec 1416...       315
   law enforcement officials in
   emergency situations.
  National Academy of Sciences       PL 109-364 Sec 1304...        63
   study of proliferation
   prevention.
                                     PL 110-181 Sec 1308...        56
  Offensive warfare program of the   PL 103-337 Sec 1207...       137
   former Soviet Union, report.
  Research restrictions in the       PL 108-136 Sec 1304...        75
   former Soviet Union.
  Russian programs, report.........  PL 105-261 Sec 1308...       116
  Verification programs, sense of    PL 98-525 Sec 1109....       720
   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...       317
   for U.S. border.
  International borders............  PL 104-201 Sec 1424...       318
 
 
                                    C
 
Central Intelligence, Director of
  Arms control and disarmament       PL 106-398 Sec 1308(d)       100
   report input.
  National Intelligence Estimate 95- PL 104-201 Sec 1311...       633
   19 review.
Central Intelligence Agency
  Authorization for communication    EO 10899..............       527
   of restricted Atomic Energy
   Commission data.
  Geneva Conventions Common Article  EO 13440..............       764
   3 interpretation as applied to a
   program of detention and
   interrogation.
    Assignment of function.........  EO 13440 Sec 4........       766
    Definitions....................  EO 13440 Sec 2........       764
    Determinations.................  EO 13440 Sec 1........       764
    Program compliance.............  EO 13440 Sec 3........       765
    Provisions.....................  EO 13440 Sec 5........       766
Chemical and Biological Weapons      PL 102-182............       349
 Control and Warfare Elimination
 Act of 1991.
Chemical and Biological Weapons
 Control and Warfare Elimination
 Act of 1991--Continued
  Determinations regarding use of    PL 102-182 Sec 306....       351
   weapons.
  Duplicative provisions repeal....  PL 102-182 Sec 309....       357
  Export controls..................  PL 102-182 Sec 304....       351
  Multilateral efforts.............  PL 102-182 Sec 303....       350
  Purposes.........................  PL 102-182 Sec 302....       349
  Sanctions against use of weapons.  PL 102-182 Sec 307....       353
Chemical weapons. See also Arms
 control
  Administration of proliferation    EO 12851 Sec 1........       361
   sanctions.
  Destruction at Shchuch'ye,         PL 110-181 Sec 1307...        55
   Russia, report.
  Destruction facility in Russia,    PL 104-106 Sec 1209...       134
   funding limitation.
                                     PL 105-85 Sec 1405....       121
                                     PL 108-136 Sec 1306...        77
  Destruction of U.S. stockpile,     PL 109-364 Sec 921....       544
   sense of Congress.
  Elimination of Russian stockpile.  PL 105-85 Sec 1406....       121
                                     PL 105-261 Sec 1304...       112
                                     PL 106-398 Sec 1309...       101
  Emergency preparedness testing...  PL 104-201 Sec 1415...       313
  Emergency response...............  PL 104-201 Sec 1413...       312
  Herbicides and riot control        EO 11850..............       359
   agents, renunciation of war use.
  High-yield explosives response     PL 104-201 Sec 1414...       313
   team.
  Military assistance to civilian    PL 104-201 Sec 1416...       315
   law enforcement officials in
   emergency situations.
  Negotiations, sense of Congress..  PL 101-189 Sec 1013...       690
  Policy toward banning............  PL 99-93 Sec 707......        45
  Verification programs, sense of    PL 98-525 Sec 1109....       720
   Congress.
Chemical Weapons Convention
  Assistance for facilities subject  PL 105-85 Sec 1303....       616
   to inspection.
  Compliance with..................  PL 107-228 Sec 1605...       236
  Implementation of................  EO 13128..............       371
  Ratification, sense of Congress..  PL 104-106 Sec 1406...       640
  U.S. obligations, sense of         PL 105-85 Sec 1307....       621
   Congress.
Chemical Weapons Convention          PL 105-277............       262
 Implementation Act of 1998.
  Civil actions....................  PL 105-277 Sec 502(b).       293
  Civil liability of the United
   States
    Cause of action authority......  PL 105-277 Sec 103(d).       269
    Recoupment.....................  PL 105-277 Sec 103(e).       269
    Taking of property claims......  PL 105-277 Sec 103(a).       267
    Tort liability.................  PL 105-277 Sec 103(b).       269
    U.S. confidential business       PL 105-277 Sec 103(g).       273
     information defined.
    Unauthorized disclosure of       PL 105-277 Sec 103(f).       272
     confidential business
     information sanctions.
    Waiver of sovereign immunity...  PL 105-277 Sec 103(c).       269
  Confidentiality of information...  PL 105-277 Sec 404....       290
  Constitutional rights, no          PL 105-277 Sec 102....       267
   abridgement of.
  Criminal and civil penalties.....  PL 105-277 Sec 201....       273
  Criminal forfeitures.............  PL 105-277 Sec 201....       275
  Definitions......................  PL 105-277 Sec 3......       263
                                     PL 105-277 Sec 201....       277
  Destruction of weapons...........  PL 105-277 Sec 201....       276
  Enforcement jurisdiction.........  PL 105-277 Sec 502(a).       293
  Expedited judicial review........  PL 105-277 Sec 503....       294
  Export privileges revocation.....  PL 105-277 Sec 211....       279
  Implementation of................  EO 13128..............       371
  Individual self-defense devices..  PL 105-277 Sec 201....       276
  Injunctions......................  PL 105-277 Sec 201....       276
Chemical Weapons Convention
 Implementation Act of 1998--
 Continued
  Inspections
    Authorization..................  PL 105-277 Sec 303....       280
    Definitions....................  PL 105-277 Sec 301....       279
    Facility agreements............  PL 105-277 Sec 302....       279
    National security exception....  PL 105-277 Sec 307....       287
    Procedures.....................  PL 105-277 Sec 304....       281
    Prohibited acts................  PL 105-277 Sec 306....       287
    Report.........................  PL 105-277 Sec 309....       287
    U.S. assistance at private       PL 105-277 Sec 310....       288
     facilities.
    Warrants.......................  PL 105-277 Sec 305....       283
  Low concentrations of schedule 2   PL 105-277 Sec 402....       289
   and 3 chemicals prohibition.
  Military assistance requests to    PL 105-277 Sec 201....       277
   enforce prohibition.
  Penalties........................  PL 105-277 Sec 201....       274
                                     PL 105-277 Sec 501....       292
  Prohibited activities............  PL 105-277 Sec 201....       274
  Prohibitions.....................  PL 105-277 Sec 602....       294
  Recordkeeping violations.........  PL 105-277 Sec 405....       291
  United States National Authority
    Designation....................  PL 105-277 Sec 101....       267
    Reports requirement............  PL 105-277 Sec 401....       288
  Unscheduled discrete organic       PL 105-277 Sec 403....       290
   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........      1045
  International Child Abduction      PL 100-300............      1037
   Remedies Act.
    Admissibility of documents.....  PL 100-300 Sec 6......      1040
    Appropriations authorization...  PL 100-300 Sec 12.....      1044
    Costs and fees.................  PL 100-300 Sec 8......      1042
    Definitions....................  PL 100-300 Sec 3......      1038
    Findings and declarations......  PL 100-300 Sec 2......      1037
    Information collection,          PL 100-300 Sec 9......      1042
     maintenance and dissemination.
    Interagency coordinating group.  PL 100-300 Sec 10.....      1043
    Judicial remedies..............  PL 100-300 Sec 4......      1039
    Provisional remedies...........  PL 100-300 Sec 5......      1040
    United States Central Authority  PL 100-300 Sec 7......      1040
Child health revolution............  PL 98-198.............      1046
Children
  Child health revolution..........  PL 98-198.............      1046
  Convention on the Civil Aspects
   of International Child Abduction
    Central Authority designation..  EO 12648 Sec 1........      1045
  Extradition Treaties
   Interpretation Act of 1998
    Findings.......................  PL 105-323 Sec 202....      1036
    Interpretation of treaties.....  PL 105-323 Sec 203....      1036
  Intercountry Adoption Act of 2000  PL 106-279............      1017
    Accreditation or approval
      Process......................  PL 106-279 Sec 202....      1023
      Requirements.................  PL 106-279 Sec 201....      1022
      Standards and procedures.....  PL 106-279 Sec 203....      1024
    Appropriations authorization...  PL 106-279 Sec 403....      1032
    Children emigrating from the     PL 106-279 Sec 303....      1030
     United States.
    Children immigrating to the      PL 106-279 Sec 301....      1029
     United States.
    Definitions....................  PL 106-279 Sec 3......      1017
    Documents of other countries...  PL 106-279 Sec 402....      1032
    Enforcement....................  PL 106-279 Sec 404....      1033
    Fees collection................  PL 106-279 Sec 403....      1032
Children--Continued
  Intercountry Adoption Act of
   2000--Continued
    Findings and purposes..........  PL 106-279 Sec 2......      1017
    No private right of action.....  PL 106-279 Sec 504....      1034
    Recognition of adoptions.......  PL 106-279 Sec 501....      1034
    Records access.................  PL 106-279 Sec 401....      1031
    Relationship to other laws.....  PL 106-279 Sec 503....      1034
    Secretary of State
      Oversight of accreditation or  PL 106-279 Sec 204....      1027
       approval.
      Responsibilities.............  PL 106-279 Sec 102....      1019
    Special rules..................  PL 106-279 Sec 502....      1034
    Transition rule................  PL 106-279 Sec 505....      1035
    United States Central Authority
      Attorney General               PL 106-279 Sec 103....      1021
       responsibilities.
      Designation..................  PL 106-279 Sec 101....      1019
      Report requirements..........  PL 106-279 Sec 104....      1021
  International Child Abduction      PL 100-300............      1037
   Remedies Act.
    Admissibility of documents.....  PL 100-300 Sec 6......      1040
    Appropriations authorization...  PL 100-300 Sec 12.....      1044
    Costs and fees.................  PL 100-300 Sec 8......      1042
    Definitions....................  PL 100-300 Sec 3......      1038
    Findings and declarations......  PL 100-300 Sec 2......      1037
    Information collection,          PL 100-300 Sec 9......      1042
     maintenance and dissemination.
    Interagency coordinating group.  PL 100-300 Sec 10.....      1043
    Judicial remedies..............  PL 100-300 Sec 4......      1039
    Provisional remedies...........  PL 100-300 Sec 5......      1040
    United States Central Authority  PL 100-300 Sec 7......      1040
China
  Certification of missile           PL 105-261 Sec 1512...       602
   equipment or technology.
  Nuclear cooperation with the       PL 99-183.............       519
   United States.
  Weapons proliferation report.....  EO 12851 Sec 4........       363
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...       789
   International Criminal Court.
Combatting Proliferation of Weapons  PL 104-293............       300
 of Mass Destruction Act of 1996.
  Commission
    Duties of......................  PL 104-293 Sec 712....       712
    Establishment of...............  PL 104-293 Sec 711....       300
    Payment of expenses............  PL 104-293 Sec 717....       305
    Personnel matters..............  PL 104-293 Sec 714....       304
    Powers of......................  PL 104-293 Sec 713....       303
    Termination of.................  PL 104-293 Sec 715....       305
  Contributions of foreign persons   PL 104-293 Sec 722....       306
   to efforts of countries of
   concern, report.
  Definition.......................  PL 104-293 Sec 716....       305
  Technology acquisition, reports..  PL 104-293 Sec 721....       305
Commerce, Department of
  Chemical Weapons Convention        EO 13128..............       371
   implementation.
  Release of export information to   PL 105-261 Sec 1522...       608
   other agencies for national
   security assessment.
  Weapons of mass destruction        EO 12938 Sec 3........       366
   proliferation.
Commission on the Prevention of
 Weapons of Mass Destruction
 Proliferation and Terrorism
  Composition of...................  PL 110-53 Sec 1853....       189
  Establishment of.................  PL 110-53 Sec 1851....       188
  Funding..........................  PL 110-53 Sec 1859....       192
  Nonapplicability of Federal        PL 110-53 Sec 1856....       191
   Advisory Committee Act.
  Powers of........................  PL 110-53 Sec 1855....       190
  Purposes of......................  PL 110-53 Sec 1852....       188
  Report...........................  PL 110-53 Sec 1857....       192
  Responsibilities of..............  PL 110-53 Sec 1854....       189
  Termination......................  PL 110-53 Sec 1858....       192
Commission to Assess the Ballistic
 Missile Threat to the United
 States
  Administrative provisions........  PL 104-201 Sec 1327...       636
  Duties...........................  PL 104-201 Sec 1322...       634
  Establishment of.................  PL 104-201 Sec 1321...       634
  Funding..........................  PL 104-201 Sec 1328...       636
  Personnel matters................  PL 104-201 Sec 1326...       635
  Powers...........................  PL 104-201 Sec 1324...       635
  Procedures.......................  PL 104-201 Sec 1325...       635
  Report...........................  PL 104-201 Sec 1323...       635
  Termination......................  PL 104-201 Sec 1329...       636
Computers, high-performance
  End-use verification for use by    PL 106-65 Sec 1407....       591
   People's Republic of China.
  Exporting to People's Republic of  PL 106-65 Sec 1406....       591
   China, report.
Consolidated Security, Disaster
 Assistance and Continuing
 Appropriations Act, 2009
  Cooperative threat reduction       PL 110-329 Title II...        50
   account.
Convention on the Civil Aspects of
 International Child Abduction
  Central Authority designation....  EO 12648 Sec 1........      1045
Conventional Forces in Europe        PL 102-228............       166
 Treaty Implementation Act of 1991.
  Soviet weapons destruction
    Administration of program......  PL 102-228 Sec 221....       167
    Authorization of program.......  PL 102-228 Sec 212....       167
    Dire emergency supplemental      PL 102-228 Sec 223....       169
     appropriations.
    Emergency airlift authorization  PL 102-228 Sec 301....       169
    Prior notice of obligations to   PL 102-228 Sec 231....       169
     Congress.
    Repayment arrangements.........  PL 102-228 Sec 222....       168
    Reporting requirements.........  PL 102-228 Sec 302....       171
Cooperative Threat Reduction, FY     PL 103-160............       142
 1993.
  States of the former Soviet Union
    Appropriate congressional        PL 103-160 Sec 1208...       147
     committees defined.
    Authorization for additional FY  PL 103-160 Sec 1209...       148
     1993 assistance.
    Demilitarization Enterprise      PL 103-160 Sec 1204...       145
     Fund.
    Findings.......................  PL 103-160 Sec 1202...       143
    Funding authorization, FY 1994.  PL 103-160 Sec 1205...       146
    Funds obligation, prior notice   PL 103-160 Sec 1206...       147
     to Congress requirement.
    Programs authorization.........  PL 103-160 Sec 1203...       143
Cooperative Threat Reduction, FY     PL 103-337............       135
 1995.
  States of the former Soviet Union
    Funding limitations............  PL 103-337 Sec 1206...       136
    Nuclear arsenal dismantlement,   PL 103-337 Sec 1209...       140
     sense of Congress.
    Offensive biological warfare     PL 103-337 Sec 1207...       137
     program, report.
    Program coordination...........  PL 103-337 Sec 1208...       140
    Programs.......................  PL 103-337 Sec 1201...       136
Cooperative Threat Reduction, FY
 1995--Continued
  States of the former Soviet
   Union--Continued
    Weapons of mass destruction,     PL 103-337 Sec 1204...       136
     control and accountability of
     materials, report.
Cooperative Threat Reduction, FY     PL 104-106............       129
 1996.
  States of the former Soviet Union
    Chemical weapons destruction     PL 104-106 Sec 1209...       134
     facility funds use limitation.
    Funding allocations............  PL 104-106 Sec 1202...       130
    Funds obligation, prior notice   PL 104-106 Sec 1205...       132
     to Congress requirement.
    Nuclear weapons scientists,      PL 104-106 Sec 1207...       133
     limitation on assistance.
    Offensive biological warfare     PL 104-106 Sec 1208...       133
     program funds limitation.
    Peacekeeping activities funds    PL 104-106 Sec 1203...       132
     use prohibition.
    Specification of programs......  PL 104-106 Sec 1201...       130
    Weapons destruction assistance   PL 104-106 Sec 1204...       132
     authority.
Cooperative Threat Reduction, FY     PL 104-201............       124
 1997.
  States of the former Soviet Union
    Funding allocations............  PL 104-201 Sec 1502...       126
    Funds availability.............  PL 104-201 Sec 1505...       128
    Funds use limitation until       PL 104-201 Sec 1504...       127
     report submission.
    Funds use prohibition..........  PL 104-201 Sec 1503...       127
    Specification of programs......  PL 104-201 Sec 1501...       125
  Strategic nuclear delivery         PL 104-201 Sec 1302...       533
   systems, limitation on
   retirement or dismantlement.
Cooperative Threat Reduction, FY     PL 105-85.............       118
 1998.
  States of the former Soviet Union
    Funding allocations............  PL 105-85 Sec 1402....       119
    Funds use limitation
      Chemical weapons destruction.  PL 105-85 Sec 1406....       121
      Chemical weapons destruction   PL 105-85 Sec 1405....       121
       facility.
      Fissile material storage       PL 105-85 Sec 1407....       122
       facility.
      START II Treaty..............  PL 105-85 Sec 1404....       121
      Weapons storage security.....  PL 105-85 Sec 1408....       122
    Funds use prohibition..........  PL 105-85 Sec 1403....       120
    Payment of taxes, duties, and    PL 105-85 Sec 1409....       123
     other assessments on
     assistance, report.
    Specification of programs and    PL 105-85 Sec 1401....       119
     funds.
Cooperative Threat Reduction, FY     PL 105-261............       110
 1999.
  States of the former Soviet Union
    Appropriations request summary   PL 105-261 Sec 1307...       115
     submission requirement.
    Biological weapons programs in   PL 105-261 Sec 1308...       116
     Russia, report.
    Cooperative counter              PL 105-261 Sec 1306...       114
     proliferation program.
    Funding allocations............  PL 105-261 Sec 1302...       111
    Funds use limitation
      Biological weapons             PL 105-261 Sec 1305...       113
       proliferation prevention.
      Chemical weapons destruction.  PL 105-261 Sec 1304...       112
    Funds use prohibition..........  PL 105-261 Sec 1303...       112
    Specification of programs and    PL 105-261 Sec 1301...       111
     funds.
    Weapons of mass destruction      PL 105-261 Sec 1309...       117
     programs, report on
     individuals with expertise.
Cooperative Threat Reduction, FY     PL 106-65.............       104
 2000.
Cooperative Threat Reduction, FY
 2000--Continued
  States of the former Soviet Union
    Expanded Threat Reduction        PL 106-65 Sec 1309....       108
     Initiative, report.
    Funding allocations............  PL 106-65 Sec 1302....       105
    Funds use limitation
      Fissile material storage       PL 106-65 Sec 1304....       107
       facility.
      Until certification            PL 106-65 Sec 1310....       108
       submission.
      Until report submission......  PL 106-65 Sec 1306....       107
    Funds use prohibition..........  PL 106-65 Sec 1303....       106
    Report submission requirement..  PL 106-65 Sec 1308....       108
    Russian nonstrategic nuclear     PL 106-65 Sec 1312....       109
     arms, sense of Congress.
    Specification of programs and    PL 106-65 Sec 1301....       105
     funds.
Cooperative Threat Reduction, FY     PL 106-398............        94
 2001.
  States of the former Soviet Union
    Activities and assistance,       PL 106-398 Sec 1308...        98
     reports.
    Audits, report.................  PL 106-398 Sec 1311...       102
    Chemical weapons elimination...  PL 106-398 Sec 1309...       101
    Funding allocations............  PL 106-398 Sec 1302...        95
    Funds use limitation
      Construction of fossil fuel    PL 106-398 Sec 1307...        97
       energy plants, report.
      Elimination of conventional    PL 106-398 Sec 1303...        96
       weapons.
      Elimination of Weapons Grade   PL 106-398 Sec 1310...       102
       Plutonium Program.
      Fissile material storage       PL 106-398 Sec 1304...        97
       facility.
      Warhead dismantlement          PL 106-398 Sec 1305...        97
       processing.
    Nuclear weapons storage sites    PL 106-398 Sec 1306...        97
     agreement.
    Specification of programs and    PL 106-398 Sec 1301...        95
     funds.
Cooperative Threat Reduction, FY     PL 107-107............        89
 2002.
  States of the former Soviet Union
    Funding allocations............  PL 107-107 Sec 1302...        90
    Funds use limitation
      Construction activities......  PL 107-107 Sec 1306...        92
      Fissile material storage       PL 107-107 Sec 1305...        92
       facility.
      Until report submission......  PL 107-107 Sec 1303...        92
    Revenue use requirement........  PL 107-107 Sec 1304...        92
    Specification of programs and    PL 107-107 Sec 1301...        90
     funds.
Cooperative Threat Reduction, FY     PL 107-314............        81
 2003.
  Department of Energy programs
    Elimination of weapons grade     PL 107-314 Sec 3151...        86
     plutonium production in Russia.
  States of the former Soviet Union
    Funding allocations............  PL 107-314 Sec 1302...        82
    Funds use limitation
      Fissile material storage       PL 107-314 Sec 1305...        84
       facility.
      Until report submission......  PL 107-314 Sec 1303...        84
    Limited waiver of restrictions   PL 107-314 Sec 1306...        84
     on use of funds.
    Specification of programs and    PL 107-314 Sec 1301...        82
     funds.
Cooperative Threat Reduction, FY     PL 108-136............        72
 2004.
  Nuclear security initiative
    Management assessment of threat  PL 108-136 Sec 3611...        79
     reduction and nonproliferation
     programs.
  States of the former Soviet Union
    Biological research              PL 108-136 Sec 1304...        75
     restrictions.
    Certification on use of          PL 108-136 Sec 1307...        77
     facilities.
    Chemical weapons destruction     PL 108-136 Sec 1306...        77
     facility in Russia funding
     limitation waiver.
    Funding allocations............  PL 108-136 Sec 1302...        73
    Funds use authority............  PL 108-136 Sec 1308...        78
Cooperative Threat Reduction, FY
 2004--Continued
  States of the former Soviet
   Union--Continued
    On-site manager requirements...  PL 108-136 Sec 1305...        76
    Permit requirements............  PL 108-136 Sec 1303...        74
    Specification of programs and    PL 108-136 Sec 1301...        73
     funds.
Cooperative Threat Reduction, FY     PL 108-375............        69
 2005.
  States of the former Soviet Union
    Funding allocations............  PL 108-375 Sec 1302...        70
    Specification of programs and    PL 108-375 Sec 1301...        70
     funds.
Cooperative Threat Reduction, FY     PL 109-163............        65
 2006.
  States of the former Soviet Union
    Elimination of impediments to    PL 109-163 Sec 1304...        67
     programs, report.
    Funding allocations............  PL 109-163 Sec 1302...        66
    Specification of programs and    PL 109-163 Sec 1301...        66
     funds.
Cooperative Threat Reduction, FY     PL 109-364............        61
 2007.
  States of the former Soviet Union
    Biological weapons               PL 109-364 Sec 1304...        63
     proliferation prevention,
     National Academy of Sciences
     study.
    Funding allocations............  PL 109-364 Sec 1302...        62
    Specification of programs and    PL 109-364 Sec 1301...        62
     funds.
Cooperative Threat Reduction, FY     PL 110-181............        51
 2008.
  States of the former Soviet Union
    Biological weapons               PL 110-181 Sec 1308...        56
     proliferation prevention,
     National Academy of Sciences
     study.
    Chemical weapons destruction at  PL 110-181 Sec 1307...        55
     Shchuch'ye, Russia, report.
    Funding allocations............  PL 110-181 Sec 1302...        52
    New initiatives
      Funding......................  PL 110-181 Sec 1306(d)        55
      National Academy of Sciences   PL 110-181 Sec 1306(b)        55
       study.
      Secretary of Defense report..  PL 110-181 Sec 1306(c)        55
      Sense of Congress............  PL 110-181 Sec 1306(a)        54
    Restrictions on assistance       PL 110-181 Sec 1304...        53
     repeal.
    Specification of programs and    PL 110-181 Sec 1301...        52
     funds.
Cooperative Threat Reduction, FY     PL 110-417............        47
 2009.
  Funding allocations..............  PL 110-417 Sec 1302...        48
  Specifications of programs and     PL 110-417 Sec 1301...        47
   funds.
Cooperative Threat Reduction
 Appropriations, FY 2009
  Cooperative threat reduction       PL 110-329 Title II...        50
   account.
Cooperative Threat Reduction         PL 110-53.............        58
 Authorization in Response to 9/11
 Commission Recommendations, FY
 2008.
  Findings.........................  PL 110-53 Sec 1801....        58
  Weapons of mass destruction
   proliferation and terrorism
   prevention
    Assistance to accelerate
     programs
      Appropriations authorization,  PL 110-53 Sec 1832....        59
       2008.
                                     PL 110-53 Sec 1833....        60
      Statement of policy..........  PL 110-53 Sec 1831....        59
    Repeal and modification of       PL 110-53 Sec 1811....        58
     assistance limitations.
Cooperative Threat Reduction
 Program
  Appropriations authorization,      PL 110-53 Sec 1832....        59
   2008.
Council of the Organization of
 American States
  Privileges to representatives of   PL 82-486.............       982
   member states.
Crime prevention
  Foreign missions
    Protection reimbursements,       EO 12478..............       998
     transfer of authority to the
     Secretary of State.
  Protection and Prevention of       18 USC................       988
   Crimes Against Internationally
   Protected Persons.
    Conspiracy to murder...........  18 USC Sec 1117.......       993
    Kidnapping.....................  18 USC Sec 1201.......       993
    Murder or manslaughter.........  18 USC Sec 1116.......       991
    Property occupied by foreign     18 USC Sec 970........       990
     governments.
    Protection of foreign officials  18 USC Sec 112........       988
     and official guests.
    Threats and extortion..........  18 USC Sec 878........       990
  Protection of Foreign Diplomatic
   Missions by the United States
   Secret Service
    Powers, authorities and duties   18 USC Sec 3056A......       996
     of Uniformed Division
Criminal Court, International. See
 International Criminal Court
Croatia
  Designation as eligible to         PL 110-17 Sec 4.......       814
   receive NATO assistance.
CTR. See Cooperative Threat
 Reduction
Cuban Resolution...................  PL 87-733.............       795
 
 
                                    D
 
Defense, Department of. See also
 Department of Defense
 Authorization Acts; National
 Defense Authorization Acts;
 Secretary of Defense
  Chemical Weapons Convention        EO 13128..............       371
   implementation.
  Consultation concerning exports..  PL 83-703 Sec 133.....       460
  Export controls
    Activities authority...........  PL 105-261 Sec 1521...       607
  Nonproliferation activities,       PL 102-484 Sec 1503...       338
   report.
  Notification of Committees on      PL 110-417 Sec 1062...       532
   Armed Services with respect to
   nonproliferation and
   proliferation activities.
  Nuclear material information       PL 83-703 Sec 143.....       465
   control.
  Nuclear security initiative
    Management assessment of threat  PL 108-136 Sec 3611...        79
     reduction and nonproliferation
     programs.
  Nuclear weapons, report..........  PL 110-417 Sec 1044...       530
  Weapons of mass destruction
   proliferation and terrorism
   prevention programs
    Appropriations authorization,    PL 110-53 Sec 1832....        59
     2008.
Defense Against Weapons of Mass      PL 104-201............       308
 Destruction Act of 1996.
  Allocation transfers among         PL 104-201 Sec 1452...       322
   cooperative threat reduction
   programs.
  Assistance to states of former     PL 104-201 Sec 1453...       323
   Soviet Union, sense of Congress.
  Chemical, biological,              PL 104-201 Sec 1414...       313
   radiological, nuclear and high-
   yield explosives response team.
  Comprehensive preparedness         PL 104-201 Sec 1443...       321
   program.
  Contracting policy, sense of       PL 104-201 Sec 1451...       322
   Congress.
  Criminal penalties, sense of       PL 104-201 Sec 1423...       317
   Congress.
  Definitions......................  PL 104-201 Sec 1403...       311
Defense Against Weapons of Mass
 Destruction Act of 1996--Continued
  Detection equipment procurement    PL 104-201 Sec 1421...       317
   for U.S. border security.
  Emergency preparedness testing     PL 104-201 Sec 1415...       313
   for nuclear, radiological,
   chemical and biological weapons.
  Findings.........................  PL 104-201 Sec 1402...       309
  International border security....  PL 104-201 Sec 1424...       318
  Military assistance to civilian    PL 104-201 Sec 1416...       315
   law enforcement officials in
   emergency situations.
  National Coordinator for           PL 104-201 Sec 1441...       319
   Nonproliferation Matters.
  National Security Council          PL 104-201 Sec 1442...       320
   Committee on Nonproliferation.
  Nuclear, chemical and biological   PL 104-201 Sec 1413...       312
   emergency response.
  Plutonium production elimination.  PL 104-201 Sec 1432...       318
  Policy termination...............  PL 104-201 Sec 1444...       322
  Purchase, packaging and            PL 104-201 Sec 1455...       323
   transportation of fissile
   materials at risk of theft,
   sense of Congress.
  Purchase of low-enriched uranium   PL 104-201 Sec 1454...       323
   derived from Russian highly
   enriched uranium.
  Rapid response information system  PL 104-201 Sec 1417...       316
  Response to threats of terrorist   PL 104-201 Sec 1411...       311
   incidents.
Defense Against Weapons of Mass      PL 105-261............       296
 Destruction Act of 1998.
  Advisory panel to assess domestic  PL 105-261 Sec 1405...       297
   response capabilities.
  Domestic preparedness for          PL 105-261 Sec 1402...       296
   response to threats of terrorist
   use of weapons.
  Threat and risk assessments......  PL 105-261 Sec 1404...       297
Defense Threat Reduction Agency
  Enhancement of activities........  PL 106-65 Sec 1409....       592
Demilitarization. See Former Soviet
 Union Demilitarization Act of 1992
Demilitarization Enterprise Fund
  Consultation requirement.........  PL 103-160 Sec 1204(h)       146
  Designation of...................  PL 103-160 Sec 1204(a)       145
  Eligible organizations...........  PL 103-160 Sec 1204(e)       145
  Experience of other Enterprise     PL 103-160 Sec 1204(g)       146
   Funds.
  Grant authority..................  PL 103-160 Sec 1204(c)       145
  Initial implementation...........  PL 103-160 Sec 1204(i)       146
  Operational provisions...........  PL 103-160 Sec 1204(f)       145
  Purpose of.......................  PL 103-160 Sec 1204(b)       145
  Risk capital funding.............  PL 103-160 Sec 1204(d)       145
  Termination of designation.......  PL 103-160 Sec 1204(j)       146
Department of Defense Authorization  PL 98-525.............       716
 Act, FY 1985.
  Biological and chemical weapon     PL 98-525 Sec 1109....       720
   verification programs, sense of
   Congress.
  Nuclear risk reduction centers     PL 98-525 Sec 1108....       719
   establishment in the United
   States and Soviet Union, sense
   of Congress.
  Nuclear winter findings and        PL 98-525 Sec 1107....       718
   policy implications, report.
  Soviet compliance with arms        PL 98-525 Sec 1106....       718
   control agreements, report.
  Strategic nuclear submarine        PL 98-525 Sec 1101....       716
   force, report.
  Tactical nuclear warheads          PL 98-525 Sec 1104....       717
   withdrawal from Europe, report.
  Theater nuclear weapons and force  PL 98-525 Sec 1103....       716
   structure, report.
Department of Defense Authorization
 Act, FY 1985--Continued
  Treaties to prevent nuclear        PL 98-525 Sec 1111....       723
   testing policy.
  U.S. counterforce capability,      PL 98-525 Sec 1105....       717
   report.
  U.S. pursuit of outstanding arms   PL 98-525 Sec 1110....       721
   control compliance, sense of
   Congress.
Department of Defense Authorization  PL 99-145.............       711
 Act, FY 1986.
  Arms control verification          PL 99-145 Sec 1003....       713
   capabilities, study.
  Compliance with existing           PL 99-145 Sec 1001....       711
   strategic offensive arms
   agreements policy.
  Exchange of high-ranking military  PL 99-145 Sec 1005....       714
   and civilian personnel with the
   Soviet Union pilot program.
  Nuclear winter findings and        PL 99-145 Sec 1006....       714
   policy implications, report.
  United States-Soviet negotiations  PL 99-145 Sec 1004....       714
   on reduction in nuclear arms,
   sense of Congress.
Department of Defense Authorization  PL 99-661.............       707
 Act, FY 1987.
  Chairman of the Joint Chiefs of    PL 99-661 Sec 1003....       708
   Staff on U.S. non-compliance
   with strategic arms agreements,
   report.
  Nuclear risk reduction centers     PL 99-661 Sec 1004....       709
   support, sense of Congress.
  Nuclear testing, sense of          PL 99-661 Sec 1002....       707
   Congress.
  SALT II compliance, sense of       PL 99-661 Sec 1001....       707
   Congress.
Department of Energy Act of 1978,
 Civilian Applications
  Reports..........................  PL 95-238 Sec 203.....       403
                                     PL 95-238 Sec 208.....       403
Department of State Authorities Act
 of 2006
  Diplomatic privileges for the      PL 109-472 Sec 7......       987
   Permanent Observer Mission of
   the Holy See to the United
   Nations.
Department of State Authorization    PL 107-228............       945
 Act, FY 2003.
  United Nations
    Department of State efforts to   PL 107-228 Sec 409....       948
     place U.S. citizens in
     positions of employment.
    Membership of United States in   PL 107-228 Sec 407....       947
     UNESCO, sense of Congress.
    Promotion of sound financial     PL 107-228 Sec 404....       946
     practices.
    Secret ballot use..............  PL 107-228 Sec 406....       947
    U.S. membership on Commission    PL 107-228 Sec 408....       947
     on Human Rights and
     International Narcotics
     Control Board.
Deputy Under Secretary of Defense
 for Technology Security Policy
  Export control...................  PL 105-261 Sec 1521...       607
Diplomatic immunity. See Diplomatic
 Relations Act
Diplomatic missions in the United
 States. See Foreign diplomatic
 missions
Diplomatic reciprocity
  Equivalency of representation      PL 98-618 Sec 601.....      1014
   between United States and
   hostile powers, sense of
   Congress.
  Soviet employees at United States  PL 99-93 Sec 136......      1016
   diplomatic and consular missions
   in the Soviet Union.
Diplomatic Relations Act...........  PL 95-393.............      1011
Diplomatic Relations Act--Continued
  Authority to extend more or less   PL 95-393 Sec 4.......      1012
   favorable treatment.
  Definitions......................  PL 95-393 Sec 2.......      1011
  Direct actions against insurers    PL 95-393 Sec 7.......      1013
   of members of diplomatic
   missions and their families.
  Dismissal of actions against       PL 95-393 Sec 5.......      1012
   individuals entitled to immunity.
  Liability insurance requirement..  PL 95-393 Sec 6.......      1012
  Vienna Convention................  PL 95-393 Sec 3.......      1012
Diplomats, foreign. See Diplomatic
 Relations Act; Foreign diplomats
Disarmament. See Arms control
Drug control
  U.S. membership on United Nations  PL 107-228 Sec 408....       947
   International Narcotics Control
   Board.
Duncan Hunter National Defense
 Authorization Act, FY 2009. See
 Cooperative Threat Reduction, FY
 2009; National Defense
 Authorization Act, FY 2009
 
 
                                    E
 
Early warning systems
  Enhanced collaboration for more    PL 108-136 Sec 3624...       212
   reliable Russian systems, sense
   of Congress.
  Implementing the U.S. proposal in  PL 94-110.............       804
   Sinai.
Eastern Europe
  Nuclear weapons reduction policy.  PL 102-484 Sec 1321...       666
Egypt
  Multinational Force and Observers  PL 97-132.............       798
   Participation Resolution.
    Definitions....................  PL 97-132 Sec 8.......       802
    Nonreimbursed costs............  PL 97-132 Sec 5.......       800
    Participation of U.S. personnel  PL 97-132 Sec 3.......       799
    Reports........................  PL 97-132 Sec 6.......       801
    Statement of policy............  PL 97-132 Sec 2.......       798
    Statements of congressional      PL 97-132 Sec 7.......       802
     intent.
    U.S. contributions to costs....  PL 97-132 Sec 4.......       799
Embassies. See also Foreign
 diplomatic missions
  Soviet employees at U.S.           PL 99-93 Sec 136......      1016
   diplomatic and consular missions
   in the Soviet Union.
Emergencies. See National
 Emergencies Act
Energy, Department of
  Chemical Weapons Convention        EO 13128..............       371
   implementation.
  Department of Energy Act of 1978,  PL 95-238 Sec 203.....       403
   Civilian Applications, reports.
                                     PL 95-238 Sec 208.....       403
  Global initiatives for             PL 110-417 Sec 3116...       536
   proliferation prevention
   program, review and reports.
  Global nuclear energy              PL 110-417 Sec 3117...       537
   partnership, limitation on
   availability of funds.
  International Materials            PL 107-314 Sec 3156...       571
   Protection, Control and
   Accounting Program.
  International nuclear materials    PL 108-136 Sec 3124...       565
   protection and cooperation
   program funds use outside the
   former Soviet Union.
  National security programs
    Elimination of weapons grade     PL 107-314 Sec 3151...        86
     plutonium production in Russia.
    Enhancing nuclear forensics      PL 110-417 Sec 3114...       535
     capabilities.
  Nonproliferation activities,       PL 102-484 Sec 1503...       338
   report.
Energy, Department of--Continued
  Nonproliferation monitoring,       PL 106-398 Sec 3173...       585
   report.
  Nuclear security initiative
    Management assessment of threat  PL 108-136 Sec 3611...        79
     reduction and nonproliferation
     programs.
                                     ......................       209
  On-site managers.................  PL 108-136 Sec 3125...       566
  Reduction of excessive             PL 108-136 Sec 3122...       564
   unobligated or unexpended
   balances for defense nuclear
   nonproliferation activities,
   report.
  Weapons-grade uranium and          PL 108-136 Sec 3123...       564
   plutonium of the former Soviet
   Union, study and report.
  Weapons of mass destruction
   proliferation and terrorism
   prevention programs
    Appropriations authorization,    PL 110-53 Sec 1833....        60
     2008.
Enrichment Oversight Committee.....  EO 13085..............       510
  Domestic enrichment services.....  EO 13085 Sec 6........       512
  Establishment....................  EO 13085 Sec 1........       510
  Foreign ownership, control or      EO 13085 Sec 5........       511
   influence.
  HEU Agreement oversight..........  EO 13085 Sec 4........       511
  Nuclear Regulatory Commission      EO 13085 Sec 7........       512
   coordination.
  Objectives.......................  EO 13085 Sec 2........       510
  Organization.....................  EO 13085 Sec 3........       510
Environmental issues
  Notification to Congress of IAEA   PL 109-401 Sec 251....       202
   Board approval of sampling.
  Panama Canal Joint Commission on   PL 96-70 Sec 1106.....       865
   the Environment.
  United Nations Environment
   Program
    Appropriations authorization...  PL 93-188.............       971
  U.S. obligations under Chemical    PL 105-85 Sec 1307....       621
   Weapons Convention and
   environmental laws, sense of
   Congress.
Estonia
  NATO membership, sense of          PL 104-208 Sec 605....       826
   Congress.
EURATOM Cooperation Act of 1958....  PL 85-846.............       514
  Appropriations authorization.....  PL 85-846 Sec 3.......       514
                                     PL 85-846 Sec 4.......       515
  Definitions......................  PL 85-846 Sec 2.......       514
  Liability........................  PL 85-846 Sec 7.......       517
  Purchase authority...............  PL 85-846 Sec 6.......       516
  Sale or lease authority..........  PL 85-846 Sec 5.......       516
European Atomic Energy Community.
 See EURATOM Cooperation Act of
 1958
European Central Bank
  Immunities, exemptions and         PL 79-291 Sec 15......       981
   privileges.
European Security Act of 1998......  PL 105-277............       816
  Authorities relating to NATO       PL 105-277 Sec 2703...       818
   enlargement.
  Ballistic missile defense          PL 105-277 Sec 2705...       820
   restrictions and requirements.
  Statement of policy..............  PL 105-277 Sec 2702...       816
  Treaty on Conventional Armed       PL 105-277 Sec 2704...       819
   Forces in Europe, sense of
   Congress.
European Space Agency
  Immunities, exemptions and         PL 79-291 Sec 11......       979
   privileges.
Expanded Threat Reduction
 Initiative
  Report to Congress...............  PL 106-65 Sec 1309....       108
Exports
  Arms control
    Chemical and biological weapons  PL 102-182 Sec 304....       351
     controls.
    Department of Commerce weapons   EO 12938 Sec 3........       366
     of mass destruction controls.
Exports--Continued
  Arms control--Continued
    Enhanced multilateral controls.  PL 106-65 Sec 1408....       592
    License functions resources....  PL 106-65 Sec 1403....       589
  Automated Export System
    Definitions....................  PL 106-113 Sec 1256...       260
    Department of State licensing    PL 106-113 Sec 1255...       259
     procedures acceleration.
    Mandatory use..................  PL 106-113 Sec 1252...       258
    Report to Congress.............  PL 106-113 Sec 1254...       259
    Voluntary use, sense of          PL 106-113 Sec 1253...       259
     Congress.
  Controls, sense of Congress......  PL 104-201 Sec 1308...       631
  Department of Defense control      PL 105-261 Sec 1521...       607
   activities authority.
  Deputy Under Secretary of Defense  PL 105-261 Sec 1521...       607
   for Technology Security Policy.
  High-performance computers to      PL 106-65 Sec 1406....       591
   People's Republic of China,
   report.
  Landmine moratorium..............  PL 102-484 Sec 1365...       669
  Nuclear export reporting           PL 105-261 Sec 1523...       608
   requirement.
  Nuclear material
    Conduct resulting in             PL 83-703 Sec 129.....       448
     termination.
    Consultation with Department of  PL 83-703 Sec 133.....       460
     Defense.
    Criteria governing U.S.          PL 83-703 Sec 127.....       446
     material.
    Criterion and procedures.......  PL 83-703 Sec 128.....       447
    Licensing procedures...........  PL 83-703 Sec 126.....       441
    Low-enriched uranium fuel......  PL 96-280.............       400
    Nonproliferation controls......  PL 95-242 Sec 309.....       387
                                     PL 95-242 Sec 402.....       388
    Nonproliferation licensing       PL 95-242 Sec 304.....       386
     procedures.
    Restrictions...................  PL 83-703 Sec 134.....       460
    Special material and components  EO 12055..............       402
     to India.
                                     EO 12218..............       401
  Nuclear materials control          PL 107-314 Sec 3159...       572
   programs.
  Release of information by          PL 105-261 Sec 1522...       608
   Department of Commerce to other
   agencies for national security
   assessment.
  Satellites
    Certification of missile         PL 105-261 Sec 1512...       602
     equipment or technology to
     China.
    Licensing......................  PL 106-65 Sec 1404....       590
    Manufacturer violations........  PL 106-65 Sec 1412....       595
    National security controls on    PL 105-261 Sec 1514...       603
     licensing.
    People's Republic of China       PL 105-261 Sec 1515...       605
     launching, report.
    Related items defined..........  PL 105-261 Sec 1516...       605
    Sense of Congress..............  PL 105-261 Sec 1511...       601
    United States Munitions List...  PL 105-261 Sec 1513...       602
Extradition Treaties Interpretation
 Act of 1998
  Findings.........................  PL 105-323 Sec 202....      1036
  Interpretation of treaties.......  PL 105-323 Sec 203....      1036
 
 
                                    F
 
Federal Bureau of Investigation
  Chemical Weapons Convention        PL 106-113 Sec 1117...        34
   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
  Protection of
    Property occupied by foreign     18 USC Sec 970........       990
     governments.
    Transfer of authority to the     EO 12478..............       998
     Secretary of State to make
     reimbursements.
    United States Secret Service     18 USC Sec 3056A......       996
     powers, authorities and duties.
Foreign diplomats
  Protection and Prevention of       18 USC................       988
   Crimes Against Internationally
   Protected Persons.
    Conspiracy to murder...........  18 USC Sec 1117.......       993
    Kidnapping.....................  18 USC Sec 1201.......       993
    Murder or manslaughter.........  18 USC Sec 1116.......       991
    Property occupied by foreign     18 USC Sec 970........       990
     governments.
    Protection of foreign officials  18 USC Sec 112........       988
     and official guests.
    Threats and extortion..........  18 USC Sec 878........       990
Foreign Relations Authorization
 Act, FY 1998 and 1999
  Appropriate congressional          PL 105-277 Sec 2002...        36
   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............       234
    Chemical Weapons Convention      PL 107-228 Sec 1605...       236
     compliance.
    Detailing U.S. governmental      PL 107-228 Sec 1603...       235
     personnel to international
     organizations.
    Diplomatic presence overseas...  PL 107-228 Sec 1604...       235
    Real-time availability of        PL 107-228 Sec 1602...       235
     seismological data.
    South Asia nuclear and missile   PL 107-228 Sec 1601...       234
     nonproliferation.
Foreign Relations Authorization
 Acts
  U.N. provisions..................  Note..................       968
Foreign sovereign immunities.......  28 USC................       999
  Actions against foreign states...  28 USC Sec 1330.......       999
  Counterclaims....................  28 USC Sec 1607.......      1005
  Default..........................  28 USC Sec 1608.......      1006
  Definitions......................  28 USC Sec 1603.......      1000
  Exceptions to the immunity from    28 USC Sec 1610.......      1007
   attachment or execution.
  Exceptions to the jurisdictional   28 USC Sec 1605.......      1001
   immunity of a foreign state.
  Extent of liability..............  28 USC Sec 1606.......      1005
  Findings and declaration of        28 USC Sec 1602.......      1000
   purpose.
  Immunity from attachment and       28 USC Sec 1609.......      1007
   execution of property of a
   foreign state.
  Immunity of a foreign state from   28 USC Sec 1604.......      1000
   jurisdiction.
  Service..........................  28 USC Sec 1608.......      1006
Foreign sovereign immunities--
 Continued
  Time to answer...................  28 USC Sec 1608.......      1006
  Types of property immune from      28 USC Sec 1611.......      1010
   execution.
Former Soviet Union                  PL 102-484............       161
 Demilitarization Act of 1992.
  Administration of programs.......  PL 102-484 Sec 1421...       164
  Authorization of programs........  PL 102-484 Sec 1412...       162
  Findings.........................  PL 102-484 Sec 1411...       161
Freedom for Russia and Emerging
 Eurasian Democracies and Open
 Markets Support Act of 1992. See
 FREEDOM Support Act
FREEDOM Support Act................  PL 102-511............       149
  Nonproliferation and disarmament
   programs
    Appropriate congressional        PL 102-511 Sec 508(c).       155
     committees defined.
    Defense conversion authorities   PL 102-511 Sec 505....       153
     funding limitations.
    Eligibility for funds..........  PL 102-511 Sec 502....       150
    Findings.......................  PL 102-511 Sec 501....       149
    Funding authorization..........  PL 102-511 Sec 504....       152
    Funding provisions waiver......  PL 102-511 Sec 507....       154
    International Nonproliferation   PL 102-511 Sec 509....       155
     Initiative.
    Notice of proposed obligations.  PL 102-511 Sec 508(a).       154
    Report to Congress.............  PL 102-511 Sec 508(b).       155
    Research and Development         PL 102-511 Sec 511....       158
     Foundation.
    Soviet weapons destruction.....  PL 102-511 Sec 506....       153
    Special nuclear materials,       PL 102-511 Sec 510....       158
     report.
    States of the former Soviet      PL 102-511 Sec 503....       150
     Union.
FYROM. See Macedonia
 
 
                                    G
 
Geneva Conventions
  Common Article 3 interpretation    EO 13440..............       764
   as applied to a program of
   detention and interrogation.
    Assignment of function.........  EO 13440 Sec 4........       766
    Definitions....................  EO 13440 Sec 2........       764
    Determinations.................  EO 13440 Sec 1........       764
    Program compliance.............  EO 13440 Sec 3........       765
    Provisions.....................  EO 13440 Sec 5........       766
Georgia
  Designation as eligible to         PL 110-17 Sec 4.......       814
   receive NATO assistance.
Germany
  Nuclear material cooperation.....  PL 83-703 Sec 125.....       441
Global Fund to Fight AIDS,
 Tuberculosis and Malaria
  Immunities, exemptions and         PL 79-291 Sec 16......       981
   privileges.
Global Threat Reduction Initiative
  Appropriations authorization,      PL 110-53 Sec 1833....        60
   2008.
 
 
                                    H
 
Haiti
  United States policy toward Haiti  PL 103-423............       767
    Human rights, report...........  PL 103-423 Sec 4......       769
    Presidential statement of        PL 103-423 Sec 2......       767
     national security objectives.
    Report.........................  PL 103-423 Sec 3......       768
    U.N. mission transition........  PL 103-423 Sec 6......       769
Haiti--Continued
  United States policy toward
   Haiti--Continued
    U.S. agreements, report........  PL 103-423 Sec 5......       769
    United States Armed Forces       PL 103-423 Sec 1......       767
     operations, sense of Congress.
Health, children
  Child health revolution..........  PL 98-198.............      1046
Henry J. Hyde United States-India
 Peaceful Atomic Energy Cooperation
 Act of 2006. See United States-
 India Peaceful Atomic Energy
 Cooperation Act of 2006
Herbicides
  Renunciation of war use..........  EO 11850..............       359
HEU Agreements. See Highly Enriched
 Uranium Agreements
Highly Enriched Uranium Agreements
  Conversion provisions............  EO 13159..............       373
  Oversight Subcommittee...........  EO 13085 Sec 4........       511
Hong Kong Economic and Trade         PL 105-22 Sec 1.......       986
 Offices.
Hostile governments
  Policy toward certain agents of    PL 98-618 Sec 601.....      1014
   foreign governments, sense of
   Congress.
Human rights
  Haiti, reports...................  PL 103-423 Sec 4......       769
  U.S. membership on United Nations  PL 107-228 Sec 408....       947
   Commission on Human Rights.
Hunter National Defense
 Authorization Act, FY 2009. See
 Cooperative Threat Reduction, FY
 2009; National Defense
 Authorization Act, FY 2009
Hyde United States-India Peaceful
 Atomic Energy Cooperation Act of
 2006. See United States-India
 Peaceful Atomic Energy Cooperation
 Act of 2006
 
 
                                    I
 
IAEA. See International Atomic
 Energy Agency
Immunities. See also Diplomatic
 Relations Act
  Foreign sovereign immunities.....  28 USC................       999
    Actions against foreign states.  28 USC Sec 1330.......       999
    Counterclaims..................  28 USC Sec 1607.......      1005
    Default........................  28 USC Sec 1608.......      1006
    Definitions....................  28 USC Sec 1603.......      1000
    Exceptions to the immunity from  28 USC Sec 1610.......      1007
     attachment or execution.
    Exceptions to the                28 USC Sec 1605.......      1001
     jurisdictional immunity of a
     foreign state.
    Extent of liability............  28 USC Sec 1606.......      1005
    Findings and declaration of      28 USC Sec 1602.......      1000
     purpose.
    Immunity from attachment and     28 USC Sec 1609.......      1007
     execution of property of a
     foreign state.
    Immunity of a foreign state      28 USC Sec 1604.......      1000
     from jurisdiction.
    Service........................  28 USC Sec 1608.......      1006
    Time to answer.................  28 USC Sec 1608.......      1006
    Types of property immune from    28 USC Sec 1611.......      1010
     execution.
  International organizations
    Council of the Organization of   PL 82-486.............       982
     American States
     representatives of member
     states.
Immunities--Continued
  International organizations--
   Continued
    Hong Kong Economic and Trade     PL 105-22 Sec 1.......       986
     Offices.
    International Development Law    PL 102-511 Sec 805....       985
     Institute.
    Mission of the Commission of     PL 92-499.............       983
     the European Communities.
  International Organizations        PL 79-291.............       973
   Immunities Act.
    African Union..................  PL 79-291 Sec 12......       980
    Conditions.....................  PL 79-291 Sec 9.......       979
    Customs duties.................  PL 79-291 Sec 3.......       976
    European Central Bank..........  PL 79-291 Sec 15......       981
    European Space Agency..........  PL 79-291 Sec 11......       979
    Foreign government               PL 79-291 Sec 7.......       977
     representatives.
    Global Fund to Fight AIDS,       PL 79-291 Sec 16......       981
     Tuberculosis and Malaria.
    Immunities, exemptions and       PL 79-291 Sec 2.......       976
     privileges.
    International Committee of the   PL 79-291 Sec 13......       980
     Red Cross.
    International Labor              PL 79-291 Sec 12......       980
     Organization.
    International organizations      PL 79-291 Sec 1.......       973
     defined.
    International Union for          PL 79-291 Sec 14......       980
     Conservation of Nature and
     Natural Resources.
    Notification...................  PL 79-291 Sec 8.......       979
    Organization of Eastern          PL 79-291 Sec 11......       979
     Caribbean States.
    Property tax exemptions........  PL 79-291 Sec 6.......       977
    Tax exemptions.................  PL 79-291 Sec 5.......       977
    United Nations Industrial        PL 79-291 Sec 12......       980
     Development Organization.
  Liaison Office of the People's     PL 93-22..............       984
   Republic of China.
  Permanent Observer Mission of the  PL 109-472 Sec 7......       987
   Holy See to the United Nations.
Implementation of the Convention on
 the Civil Aspects of International
 Child Abduction
  Central Authority designation....  EO 12648 Sec 1........      1045
Implementing Recommendations of the  PL 110-53.............        58
 9/11 Commission Act of 2007.
                                     ......................       178
  Weapons of mass destruction
   proliferation and terrorism
   prevention
    Assistance to accelerate
     programs
      Appropriations authorization,  PL 110-53 Sec 1833....        60
       2008.
                                     ......................       185
      Appropriations authorization,  PL 110-53 Sec 1832....        59
       2008 and future years.
                                     ......................       184
      Statement of policy..........  PL 110-53 Sec 1831....        59
                                     ......................       184
    Commission on the Prevention of
     Weapons of Mass Destruction
     Proliferation and Terrorism
      Composition of...............  PL 110-53 Sec 1853....       189
      Establishment of.............  PL 110-53 Sec 1851....       188
      Funding......................  PL 110-53 Sec 1859....       192
      Nonapplicability of Federal    PL 110-53 Sec 1856....       191
       Advisory Committee Act.
      Powers of....................  PL 110-53 Sec 1855....       190
Implementing Recommendations of the
 9/11 Commission Act of 2007--
 Continued
  Weapons of mass destruction
   proliferation and terrorism
   prevention--Continued
    Commission on the Prevention of
     Weapons of Mass Destruction
     Proliferation and Terrorism--
     Continued
      Purposes of..................  PL 110-53 Sec 1852....       188
      Report.......................  PL 110-53 Sec 1857....       192
      Responsibilities of..........  PL 110-53 Sec 1854....       189
      Termination..................  PL 110-53 Sec 1858....       192
    Definitions....................  PL 110-53 Sec 1802....       179
    Findings.......................  PL 110-53 Sec 1801....        58
                                     ......................       179
    Office of the United States      PL 110-53 Sec 1841....       185
     Coordinator for the Prevention
     of Weapons of Mass Destruction
     Proliferation and Terrorism.
    Proliferation Security
     Initiative
      Authority to provide           PL 110-53 Sec 1822....       183
       assistance to cooperative
       countries.
      Improvements and authorities.  PL 110-53 Sec 1821....       181
    Repeal and modification of       PL 110-53 Sec 1811....        58
     assistance limitations.
                                     ......................       180
    United States-Russia             PL 110-53 Sec 1842....       188
     cooperation and coordination,
     sense of Congress.
Implementing the U.S. Proposal for   PL 94-110.............       804
 the Early-Warning System in Sinai.
India
  Export of special nuclear          EO 12055..............       402
   material and components.
                                     EO 12218..............       401
  United States Additional Protocol  PL 109-401............       193
   Implementation Act.
    Appropriations authorization...  PL 109-401 Sec 281....       205
    Authority......................  PL 109-401 Sec 211....       196
    Complementary access
      Authority requirement........  PL 109-401 Sec 221....       196
      Consents and warrants........  PL 109-401 Sec 223....       198
      Procedures for...............  PL 109-401 Sec 222....       197
      Prohibited acts..............  PL 109-401 Sec 224....       199
    Confidentiality of information.  PL 109-401 Sec 231....       199
    Definitions....................  PL 109-401 Sec 203....       194
    Enforcement....................  PL 109-401 Sec 243....       202
    Environmental sampling
      National security exclusion    PL 109-401 Sec 252....       202
       application.
      Notification to Congress of    PL 109-401 Sec 251....       202
       IAEA Board approval.
      Rule of construction.........  PL 109-401 Sec 254....       203
    Findings.......................  PL 109-401 Sec 202....       193
    IAEA inspections and visits....  PL 109-401 Sec 262....       204
    Penalties......................  PL 109-401 Sec 242....       200
    Protection of national security  PL 109-401 Sec 261....       203
     information.
    Recordkeeping violations.......  PL 109-401 Sec 241....       200
    Reports
      Content of reports on U.S.     PL 109-401 Sec 273....       204
       declarations.
      Efforts to promote             PL 109-401 Sec 274....       205
       implementation of additional
       protocols.
      IAEA notifications...........  PL 109-401 Sec 275....       205
      Initial U.S. declaration.....  PL 109-401 Sec 271....       204
India--Continued
  United States Additional Protocol
   Implementation Act--Continued
    Reports--Continued
      Revisions to initial U.S.      PL 109-401 Sec 272....       204
       declaration.
    Severability...................  PL 109-401 Sec 204....       196
  United States-India Nuclear        PL 110-369............       477
   Cooperation Approval and
   Nonproliferation Enhancement Act.
    Additional protocol with the     PL 110-369 Sec 103....       479
     IAEA.
    Agreement approval.............  PL 110-369 Sec 101....       478
    Certification requirement......  PL 110-369 Sec 102(c).       479
    Definitions....................  PL 110-369 Sec 2......       477
    Policy declarations............  PL 110-369 Sec 102(a).       478
                                     PL 110-369 Sec 102(b).       478
    Procedures regarding subsequent  PL 110-369 Sec 201....       480
     reprocessing arrangement.
    Rule of construction...........  PL 110-369 Sec 102(d).       479
    Safeguard agreement              PL 110-369 Sec 104....       479
     implementation with the IAEA.
    U.S. policy at the Nuclear       PL 110-369 Sec 204....       480
     Suppliers Group.
  United States-India Peaceful       PL 109-401............       482
   Atomic Energy Cooperation Act of
   2006.
    Compliance with nuclear          PL 109-401 Sec 105....       496
     nonproliferation treaty
     obligations.
    Congressional approval.........  PL 109-401 Sec 104....       485
    Definitions....................  PL 109-401 Sec 110....       497
    Inoperability of determination   PL 109-401 Sec 106....       496
     and waivers.
    MTCR adherent status...........  PL 109-401 Sec 107....       496
    Policy statements..............  PL 109-401 Sec 103....       484
    Scientific cooperative nuclear   PL 109-401 Sec 109....       497
     nonproliferation program.
    Sense of Congress..............  PL 109-401 Sec 102....       482
    Waiver authority...............  PL 109-401 Sec 104....       485
INF Treaty. See Intermediate-Range
 Nuclear Forces Treaty
Intelligence Authorization Act, FY
 1997. See Combatting Proliferation
 of Weapons of Mass Destruction Act
 of 1996
Intercountry Adoption Act of 2000..  PL 106-279............      1017
  Accreditation or approval
    Process........................  PL 106-279 Sec 202....      1023
    Requirements...................  PL 106-279 Sec 201....      1022
    Secretary of State oversight...  PL 106-279 Sec 204....      1027
    Standards and procedures.......  PL 106-279 Sec 203....      1024
  Appropriations authorization.....  PL 106-279 Sec 403....      1032
  Children emigrating from the       PL 106-279 Sec 303....      1030
   United States.
  Children immigrating to the        PL 106-279 Sec 301....      1029
   United States.
  Definitions......................  PL 106-279 Sec 3......      1017
  Documents of other countries.....  PL 106-279 Sec 402....      1032
  Enforcement......................  PL 106-279 Sec 404....      1033
  Fees collection..................  PL 106-279 Sec 403....      1032
  Findings and purposes............  PL 106-279 Sec 2......      1017
  No private right of action.......  PL 106-279 Sec 504....      1034
  Recognition of adoptions.........  PL 106-279 Sec 501....      1034
  Records access...................  PL 106-279 Sec 401....      1031
  Relationship to other laws.......  PL 106-279 Sec 503....      1034
  Special rules....................  PL 106-279 Sec 502....      1034
  Transition rule..................  PL 106-279 Sec 505....      1035
  United States Central Authority
    Attorney General                 PL 106-279 Sec 103....      1021
     responsibilities.
    Designation....................  PL 106-279 Sec 101....      1019
    Report requirements............  PL 106-279 Sec 104....      1021
Intercountry Adoption Act of 2000--
 Continued
  United States Central Authority--
   Continued
    Secretary of State               PL 106-279 Sec 102....      1019
     responsibilities.
Intermediate-Range Nuclear Forces
 Treaty
  On-Site Inspection Agency,         PL 87-297 Sec 501.....        24
   establishment and
   responsibilities of.
International agreements. See also
 North Atlantic Treaty Organization
  Alternative strategic nuclear      PL 100-456 Sec 908....       697
   force for the United States.
  Arms control agreements            PL 104-106 Sec 1407...       641
   implementation.
  Arms control negotiations,         PL 100-180 Sec 904....       704
   findings and declarations.
  Arms control negotiations and      PL 101-189 Sec 1011...       689
   U.S. modernization policy, sense
   of Congress.
  Arms control policy implications,  PL 100-180 Sec 906....       706
   report.
  Chairman of the Joint Chiefs of    PL 99-661 Sec 1003....       708
   Staff on U.S. non-compliance
   with strategic arms agreements,
   report.
  Chemical Weapons Convention
    Assistance for facilities        PL 105-85 Sec 1303....       616
     subject to inspection.
    Compliance with................  PL 107-228 Sec 1605...       236
    Implementation of..............  EO 13128..............       371
    Ratification, sense of Congress  PL 104-106 Sec 1406...       640
    U.S. obligations, sense of       PL 105-85 Sec 1307....       621
     Congress.
  Chemical weapons negotiations,     PL 101-189 Sec 1013...       690
   sense of Congress.
  Compliance with existing           PL 99-145 Sec 1001....       711
   strategic offensive arms
   agreements policy.
  Expanding confidence-building      PL 100-456 Sec 901....       694
   measures, sense of Congress.
  Extradition treaties
    Findings.......................  PL 105-323 Sec 202....      1036
    Interpretation of treaties.....  PL 105-323 Sec 203....      1036
  Five-year ABM Treaty review,       PL 100-456 Sec 904....       695
   sense of Congress.
  Highly Enriched Uranium
   Agreements
    Conversion provisions..........  EO 13159..............       373
  Indefinite extension of nuclear    PL 103-337 Sec 1508...       648
   non-proliferation treaty, sense
   of Congress.
  INF Treaty
    On-Site Inspection Agency,       PL 87-297 Sec 501.....        24
     establishment and
     responsibilities of.
  Krasnoyarsk radar, findings and    PL 101-189 Sec 1006...       686
   sense of Congress.
  Military consequences of           PL 100-180 Sec 905....       705
   elimination of ballistic
   missiles, report.
  North Korea and the Treaty on the  PL 103-160 Sec 1613...       663
   Non-Proliferation of Nuclear
   Weapons.
  Nuclear material cooperation.....  PL 83-703 Sec 123.....       435
  Nuclear nonproliferation           PL 103-160 Sec 1611...       659
   activities.
  On-site inspections under arms     PL 101-189 Sec 1014...       691
   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....       707
  Soviet compliance with arms        PL 98-525 Sec 1106....       718
   control agreements, report.
  Soviet Union Compliance with       PL 100-180 Sec 903....       703
   Threshold Test Ban Treaty,
   report.
International agreements--Continued
  START Treaties
    Effect on Trident program,       PL 101-189 Sec 1001...       682
     report.
    Funds use limitation...........  PL 105-85 Sec 1404....       121
    Modernization..................  PL 101-510 Sec 1442...       679
    Monitoring issues, report......  PL 106-113 Sec 1114...        33
    Ratification, sense of Congress  PL 104-106 Sec 1406...       640
    Report required before           PL 100-456 Sec 902....       695
     agreement, sense of Congress.
                                     PL 101-189 Sec 1003...       683
    Strategic nuclear delivery       PL 104-106 Sec 1404...       638
     systems, limitation on
     retirement or dismantlement.
                                     PL 104-201 Sec 1302...       625
                                     PL 105-85 Sec 1302....       613
    Strategic stability under START  PL 106-65 Sec 1503....       597
     III, report.
    Verification conducted with      PL 101-189 Sec 1002...       683
     regard to mobile ICBMs, report.
  Strategic arms reduction talks     PL 101-510 Sec 1443...       679
   agreement.
  Treaties to prevent nuclear        PL 98-525 Sec 1111....       723
   testing policy.
  Treaty limitations on weapons      PL 101-189 Sec 1007...       687
   capable of threatening military
   satellites, sense of Congress.
  Treaty on Conventional Armed       PL 105-277 Sec 2704...       819
   Forces in Europe, sense of
   Congress.
  U.S. pursuit of outstanding arms   PL 98-525 Sec 1110....       721
   control compliance, sense of
   Congress.
  Verification of compliance with    PL 101-189 Sec 1010...       689
   agreements to limit nuclear
   testing, report.
  Weapons treaty violations,         PL 104-106 Sec 1405...       638
   findings and sense of Congress.
International Atomic Energy Agency
  Agreement with the United States   EO 13458..............       379
   for application of safeguards.
  Annual review of projects........  PL 107-228 Sec 1343...       232
  Bilateral and multilateral         PL 103-236 Sec 841....       332
   initiatives.
  Environmental sampling,            PL 109-401 Sec 251....       202
   notification to Congress of
   Board approval.
  India
    Additional protocol with.......  PL 110-369 Sec 103....       479
    Safeguard agreement              PL 110-369 Sec 104....       479
     implementation.
  Inspections and visits,            PL 109-401 Sec 262....       204
   information protection.
  Internal reforms.................  PL 103-236 Sec 842....       333
  Nonproliferation and export
   control assistance
    Budget assessments and           PL 107-228 Sec 1305...       215
     voluntary contributions.
  Nuclear and radiological security  PL 108-136 Sec 3631...       212
   and safety discussions with OECD.
  Strengthening nuclear              PL 95-242 Sec 201.....       385
   nonproliferation safeguard
   system.
International Atomic Energy Agency   PL 85-177.............       521
 Participation Act of 1957.
  Appointments.....................  PL 85-177 Sec 2.......       521
  Appropriations authorization.....  PL 85-177 Sec 5.......       523
  Authority........................  PL 85-177 Sec 4.......       523
  Federal employees................  PL 85-177 Sec 6.......       523
  Senate advise and consent refusal  PL 85-177 Sec 8.......       524
  U.S. participation...............  PL 85-177 Sec 3.......       522
International Child Abduction        PL 100-300............      1037
 Remedies Act. See also
 Implementation of the Convention
 on the Civil Aspects of
 International Child Abduction.
International Child Abduction
 Remedies Act--Continued
  Admissibility of documents.......  PL 100-300 Sec 6......      1040
  Appropriations authorization.....  PL 100-300 Sec 12.....      1044
  Costs and fees...................  PL 100-300 Sec 8......      1042
  Definitions......................  PL 100-300 Sec 3......      1038
  Findings and declarations........  PL 100-300 Sec 2......      1037
  Information collection,            PL 100-300 Sec 9......      1042
   maintenance and dissemination.
  Interagency coordinating group...  PL 100-300 Sec 10.....      1043
  Judicial remedies................  PL 100-300 Sec 4......      1039
  Provisional remedies.............  PL 100-300 Sec 5......      1040
  United States Central Authority..  PL 100-300 Sec 7......      1040
International Committee of the Red
 Cross
  Immunities, exemptions and         PL 79-291 Sec 13......       980
   privileges.
International Criminal Court
  American Servicemembers'
   Protection Act of 2002
    Authority to free members of     PL 107-206 Sec 2008...       790
     the United States Armed Forces
     detained or imprisoned by.
    Prohibition on cooperation.....  PL 107-206 Sec 2004...       787
    Prohibition on transfer of       PL 107-206 Sec 2006...       789
     classified national security
     and law enforcement
     information.
International Development Law
 Institute
  Diplomatic privileges............  PL 102-511 Sec 805....       985
International Labor Organization
  Immunities, exemptions and         PL 79-291 Sec 12......       980
   privileges.
International Materials Protection,
 Control and Accounting program
  Appropriations authorization,      PL 110-53 Sec 1833....        60
   2008.
International Narcotics Control
 Board
  U.S. membership..................  PL 107-228 Sec 408....       947
International Nonproliferation
 Initiative
  Activities assistance provided     PL 102-511 Sec 509(b).       156
   for.
  Assistance for activities........  PL 102-511 Sec 509(a).       155
  Assistance forms.................  PL 102-511 Sec 509(c).       156
  Assistance sources...............  PL 102-511 Sec 509(d).       156
  Duplicative authorization          PL 102-511 Sec 509(f).       157
   avoidance.
  Report to Congress...............  PL 102-511 Sec 509(e).       157
International Nuclear Materials
 Protection and Cooperation program
  Contributions utilization........  PL 109-364 Sec 3114...       548
International organizations. See
 also North Atlantic Treaty
 Organization; Peacekeeping
 activities; United Nations
  Appropriations limitation on       PL 92-544.............       966
   contributions.
  Hong Kong Economic and Trade       PL 105-22 Sec 1.......       986
   Offices.
  International Development Law
   Institute
    Diplomatic privileges..........  PL 102-511 Sec 805....       985
  Mission of the Commission of the
   European Communities
    Diplomatic privileges..........  PL 92-499.............       983
  OAS
    Privileges to representatives    PL 82-486.............       982
     of member states.
  U.S. financial contributions.....  PL 81-806 Sec 2.......       965
International Organizations          PL 79-291.............       973
 Immunities Act.
  African Union....................  PL 79-291 Sec 12......       980
  Conditions.......................  PL 79-291 Sec 9.......       979
  Customs duties...................  PL 79-291 Sec 3.......       976
  European Central Bank............  PL 79-291 Sec 15......       981
  European Space Agency............  PL 79-291 Sec 11......       979
  Foreign government                 PL 79-291 Sec 7.......       977
   representatives.
International Organizations
 Immunities Act--Continued
  Global Fund to Fight AIDS,         PL 79-291 Sec 16......       981
   Tuberculosis and Malaria.
  Immunities, exemptions and         PL 79-291 Sec 2.......       976
   privileges.
  International Committee of the     PL 79-291 Sec 13......       980
   Red Cross.
  International Labor Organization.  PL 79-291 Sec 12......       980
  International organizations        PL 79-291 Sec 1.......       973
   defined.
  International Union for            PL 79-291 Sec 14......       980
   Conservation of Nature and
   Natural Resources.
  Notification.....................  PL 79-291 Sec 8.......       979
  Organization of Eastern Caribbean  PL 79-291 Sec 11......       979
   States.
  Property tax exemptions..........  PL 79-291 Sec 6.......       977
  Tax exemptions...................  PL 79-291 Sec 5.......       977
  United Nations Industrial          PL 79-291 Sec 12......       980
   Development Organization.
International Space Station
  Restriction on extraordinary       PL 106-178 Sec 6......       244
   payments.
International Union for
 Conservation of Nature and Natural
 Resources
  Immunities, exemptions and         PL 79-291 Sec 14......       980
   privileges.
Internationally protected persons
  Protection and Prevention of       18 USC................       988
   Crimes Against Internationally
   Protected Persons.
    Conspiracy to murder...........  18 USC Sec 1117.......       993
    Kidnapping.....................  18 USC Sec 1201.......       993
    Murder or manslaughter.........  18 USC Sec 1116.......       991
    Property occupied by foreign     18 USC Sec 970........       990
     governments.
    Protection of foreign officials  18 USC Sec 112........       988
     and official guests.
    Threats and extortion..........  18 USC Sec 878........       990
Iran
  Capability to produce nuclear      PL 110-417 Sec 1234...       534
   weapons, report.
  Russian proliferation to, report.  PL 107-314 Sec 1206...       569
  U.S. policy on nuclear programs,   PL 109-364 Sec 1214...       547
   sense of Congress.
Iran, North Korea and Syria          PL 106-178............       238
 Nonproliferation Act.
  Application of measures to         PL 106-178 Sec 3......       240
   certain foreign persons.
  Definitions......................  PL 106-178 Sec 7......       247
  Exemption from measures..........  PL 106-178 Sec 5......       242
  International Space Station        PL 106-178 Sec 6......       244
   restriction on extraordinary
   payments.
  Procedures if measures are not     PL 106-178 Sec 4......       242
   applied.
  Reports..........................  PL 106-178 Sec 2......       239
Iran-Iraq Arms Non-Proliferation     PL 102-484............       344
 Act of 1992.
  Application to Iran of certain     PL 102-484 Sec 1603...       345
   Iraq sanctions.
  Definitions......................  PL 102-484 Sec 1608...       347
  International fissile material
   and warhead control
    Development and demonstration    PL 102-484 Sec 3153...       673
     program.
    Negotiations...................  PL 102-484 Sec 3151...       672
    Tritium production.............  PL 102-484 Sec 3154...       673
  Policy...........................  PL 102-484 Sec 1602...       344
  Reporting requirements...........  PL 102-484 Sec 1607...       347
  Sanctions
    Against foreign countries......  PL 102-484 Sec 1605...       345
    Against persons................  PL 102-484 Sec 1604...       345
  Waiver...........................  PL 102-484 Sec 1606...       346
Iran Nonproliferation Amendments     PL 109-112............       206
 Act of 2005.
  Findings.........................  PL 109-112 Sec 2......       206
Iran Nuclear Proliferation           PL 107-228............       232
 Prevention Act of 2002.
  Annual review of IAEA projects...  PL 107-228 Sec 1343...       232
  Reporting requirements...........  PL 107-228 Sec 1344...       233
  Sense of Congress................  PL 107-228 Sec 1345...       233
Iraq
  Acquisition of advanced weapons,   PL 108-136 Sec 1204...       563
   report.
  Authorization for Use of Military  PL 102-1..............       770
   Force Against Iraq Resolution.
    Authorization for use of United  PL 102-1 Sec 2........       770
     States Armed Forces.
    Reports........................  PL 102-1 Sec 3........       771
  Authorization for Use of Military  PL 107-243............       740
   Force Against Iraq Resolution of
   2002.
    Authorization for use of United  PL 107-243 Sec 3......       743
     States Armed Forces.
    Reports........................  PL 107-243 Sec 4......       744
    Support for U.S. diplomatic      PL 107-243 Sec 2......       743
     efforts.
  Counterproliferation
    Extension of authority for       PL 105-261 Sec 1531...       609
     support of United Nations
     Special Commission.
  Iran-Iraq Arms Non-Proliferation   PL 102-484............       344
   Act of 1992.
    Application to Iran of certain   PL 102-484 Sec 1603...       345
     Iraq sanctions.
    Definitions....................  PL 102-484 Sec 1608...       347
    International fissile material
     and warhead control
      Development and demonstration  PL 102-484 Sec 3153...       673
       program.
      Negotiations.................  PL 102-484 Sec 3151...       672
      Policy.......................  PL 102-484 Sec 1602...       344
      Reporting requirements.......  PL 102-484 Sec 1607...       347
      Tritium production...........  PL 102-484 Sec 3154...       673
      Waiver.......................  PL 102-484 Sec 1606...       346
    Sanctions
      Against foreign countries....  PL 102-484 Sec 1605...       345
      Against persons..............  PL 102-484 Sec 1604...       345
  Support of U.N.-sponsored          PL 106-65 Sec 1505....       598
   inspection and monitoring of
   weapons activities.
                                     PL 106-398 Sec 1201...       580
                                     PL 107-107 Sec 1203...       575
                                     PL 107-314 Sec 1204...       568
Israel
  Arms control
    Support of consultations on      PL 106-398 Sec 1202...       580
     Arab and Israeli arms control
     and regional security issues.
  Multinational Force and Observers  PL 97-132.............       798
   Participation Resolution.
    Definitions....................  PL 97-132 Sec 8.......       802
    Nonreimbursed costs............  PL 97-132 Sec 5.......       800
    Participation of U.S. personnel  PL 97-132 Sec 3.......       799
    Reports........................  PL 97-132 Sec 6.......       801
    Statement of policy............  PL 97-132 Sec 2.......       798
    Statements of congressional      PL 97-132 Sec 7.......       802
     intent.
    U.S. contributions to costs....  PL 97-132 Sec 4.......       799
                                    J
 
John Warner National Defense
 Authorization Act, FY 2007. See
 Cooperative Threat Reduction, FY
 2007; National Defense
 Authorization Act, FY 2007
 
 
                                    K
 
Key Verification Assets Fund
  Appropriations authorization.....  PL 106-113 Sec 1111...        31
                                     PL 107-228 Sec 1102...        28
Korea, Republic of
  Participation of multinational     PL 109-364 Sec 1212...       546
   partners in the United Nations
   Command, report.
Krasnoyarsk radar
  Findings and sense of Congress...  PL 100-180 Sec 902....       702
                                     PL 101-189 Sec 1006...       686
Kuwait
  Arms sales restriction...........  PL 102-229 Sec 104....       173
 
 
                                    L
 
Landmines
  Export moratorium................  PL 102-484 Sec 1365...       669
  International clearing efforts in  PL 102-484 Sec 1364...       669
   refugee situations, report.
  Moratorium on use by Armed         PL 104-106 Sec 1402...       637
   Forces, report.
Latvia
  NATO membership, sense of          PL 104-208 Sec 605....       826
   Congress.
Law enforcement
  Prohibition on transfer of         PL 107-206 Sec 2006...       789
   information to the International
   Criminal Court.
Lebanon
  Multinational Force in Lebanon     PL 98-119.............       776
   Resolution.
    Agreement between the United     ......................       780
     States and Lebanon, Sept. 25,
     1982.
    Authorization for continued      PL 98-119 Sec 3.......       777
     participation of United States
     Armed Forces.
    Congressional priority           PL 98-119 Sec 8.......       778
     procedures for amendments.
    Duration of authorization for    PL 98-119 Sec 6.......       778
     U.S. participation.
    Findings and purpose...........  PL 98-119 Sec 2.......       776
    Interpretation of resolution...  PL 98-119 Sec 7.......       778
    Reports........................  PL 98-119 Sec 4.......       777
    Statements of policy...........  PL 98-119 Sec 5.......       777
Liaison Office of the People's
 Republic of China
  Diplomatic privileges............  PL 93-22..............       984
Lithuania
  NATO membership, sense of          PL 104-208 Sec 605....       826
   Congress.
 
 
                                    M
 
Macedonia
  Designation as eligible to         PL 110-17 Sec 4.......       814
   receive NATO assistance.
Middle East
  Arms control.....................  EO 12851 Sec 3........       363
Middle East--Continued
  Arms control--Continued
    Support of consultations on      PL 106-398 Sec 1202...       580
     Arab and Israeli arms control
     and regional security issues.
  Multinational Force and Observers  PL 97-132.............       798
   Participation Resolution.
    Definitions....................  PL 97-132 Sec 8.......       802
    Nonreimbursed costs............  PL 97-132 Sec 5.......       800
    Participation of U.S. personnel  PL 97-132 Sec 3.......       799
    Reports........................  PL 97-132 Sec 6.......       801
    Statement of policy............  PL 97-132 Sec 2.......       798
    Statements of congressional      PL 97-132 Sec 7.......       802
     intent.
    U.S. contributions to costs....  PL 97-132 Sec 4.......       799
  Multinational Force and Observers
   reports
    Delegation of functions........  EO 12361 Sec 1........       803
    Interagency coordination.......  EO 12361 Sec 2........       803
  Resolution to promote peace and    PL 85-7...............       796
   stability in the Middle East.
  Sinai Early-Warning System,        PL 94-110.............       804
   implementing the U.S. proposal.
  U.N. peacekeeping forces,          PL 94-37..............       969
   payments authorization.
Military activities
  National commitment..............  Sen Res 85, June 25,         808
                                      1969.
Military Commissions Act of 2006...  PL 109-366............       747
  Annual report....................  PL 109-366 Sec 3......       750
  Authorities......................  PL 109-366 Sec 3......       748
  Construction of provisions.......  PL 109-366 Sec 3......       748
  Crimes triable by commissions....  PL 109-366 Sec 3......       750
  Definitions......................  PL 109-366 Sec 3......       747
  Geneva Conventions...............  PL 109-366 Sec 3......       749
  Implementation of treaty           PL 109-366 Sec 6......       756
   obligations.
  Inapplicability of provisions....  PL 109-366 Sec 3......       749
  Jurisdiction of commissions......  PL 109-366 Sec 3......       749
  Persons subject to commissions...  PL 109-366 Sec 3......       749
  Purpose..........................  PL 109-366 Sec 3......       748
  Status of commissions............  PL 109-366 Sec 3......       749
  Treatment of rulings and           PL 109-366 Sec 3......       749
   precedents.
  Treaty obligations not             PL 109-366 Sec 5......       756
   establishing grounds for certain
   claims.
Military personnel (United States).
 See American Servicemembers'
 Protection Act of 2002
Missile Technology Control Regime
  Findings.........................  PL 100-180 Sec 901....       701
  India
    Adherent status................  PL 109-401 Sec 107....       496
  People's Republic of China         PL 106-65 Sec 1401....       587
   adherence.
  Policy...........................  PL 101-510 Sec 1701...       680
Mission of the Commission of the
 European Communities
  Diplomatic privileges............  PL 92-499.............       983
MTCR. See Missile Technology
 Control Regime
Multinational Force and Observers    PL 97-132.............       798
 Participation Resolution.
  Definitions......................  PL 97-132 Sec 8.......       802
  Nonreimbursed costs..............  PL 97-132 Sec 5.......       800
  Participation of U.S. personnel..  PL 97-132 Sec 3.......       799
  Reports..........................  PL 97-132 Sec 6.......       801
  Statement of policy..............  PL 97-132 Sec 2.......       798
  Statements of congressional        PL 97-132 Sec 7.......       802
   intent.
  U.S. contributions to costs......  PL 97-132 Sec 4.......       799
Multinational Force and Observers
 reports
  Delegation of functions..........  EO 12361 Sec 1........       803
  Interagency coordination.........  EO 12361 Sec 2........       803
Multinational Force in Lebanon       PL 98-119.............       776
 Resolution.
  Agreement between the United       ......................       780
   States and Lebanon, Sept. 25,
   1982.
  Authorization for continued        PL 98-119 Sec 3.......       777
   participation of United States
   Armed Forces.
  Congressional priority procedures  PL 98-119 Sec 8.......       778
   for amendments.
  Duration of authorization for      PL 98-119 Sec 6.......       778
   U.S. participation.
  Findings and purpose.............  PL 98-119 Sec 2.......       776
  Interpretation of resolution.....  PL 98-119 Sec 7.......       778
  Reports..........................  PL 98-119 Sec 4.......       777
  Statements of policy.............  PL 98-119 Sec 5.......       777
 
 
                                    N
 
Nance and 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
Narcotics. See Drug control
National Academy of Sciences
  Biological weapons proliferation   PL 109-364 Sec 1304...        63
   prevention study.
                                     PL 110-181 Sec 1308...        56
  Cooperative threat reduction       PL 110-181 Sec 1306(b)        55
   study.
National commitment................  Sen Res 85, June 25,         808
                                      1969.
National Coordinator for
 Nonproliferation Matters
  Designation of...................  PL 104-201 Sec 1441...       319
National Defense Authorization Act,  PL 100-180............       701
 FY 1988 and 1989.
  Arms control negotiations,         PL 100-180 Sec 904....       704
   findings and declarations.
  Arms control policy implications,  PL 100-180 Sec 906....       706
   report.
  Krasnoyarsk radar, findings and    PL 100-180 Sec 902....       702
   sense of Congress.
  Military consequences of           PL 100-180 Sec 905....       705
   elimination of ballistic
   missiles, report.
  MTCR.............................  PL 100-180 Sec 901....       701
  Nuclear risk reduction centers     PL 100-180 Sec 907....       706
   support.
  Soviet Union compliance with       PL 100-180 Sec 903....       703
   Threshold Test Ban Treaty,
   report.
National Defense Authorization Act,  PL 100-456............       694
 FY 1989.
  Alternative strategic nuclear      PL 100-456 Sec 908....       697
   force for the United States
   under potential START Treaty.
  Congressional role in arms         PL 100-456 Sec 903....       695
   control and defense policies,
   sense of Congress.
  Expanding confidence-building      PL 100-456 Sec 901....       694
   measures, sense of Congress.
  Five-year ABM Treaty review,       PL 100-456 Sec 904....       695
   sense of Congress.
  On-site inspection agency........  PL 100-456 Sec 909....       698
  START talks, sense of Congress...  PL 100-456 Sec 902....       695
  Verification policy and research   PL 100-456 Sec 910....       699
   and development activities
   coordination.
National Defense Authorization Act,  PL 101-189............       682
 FY 1990 and 1991.
  Accidental launch protection,      PL 101-189 Sec 1005...       685
   sense of Congress.
National Defense Authorization Act,
 FY 1990 and 1991--Continued
  Arms control negotiations and      PL 101-189 Sec 1011...       689
   U.S. modernization policy, sense
   of Congress.
  Ballistic missile defense          PL 101-189 Sec 1004...       684
   systems, capabilities of United
   States and Soviet Union to
   produce and deploy, report.
  Chemical weapons negotiations,     PL 101-189 Sec 1013...       690
   sense of Congress.
  Krasnoyarsk radar, findings and    PL 101-189 Sec 1006...       686
   sense of Congress.
  Negotiations with the Soviet       PL 101-189 Sec 1009...       688
   Union regarding limitations on
   anti-satellite capabilities,
   report.
  On-site inspections under arms     PL 101-189 Sec 1014...       691
   control agreements.
  Satellite survivability, report..  PL 101-189 Sec 1008...       687
  Space nuclear reactors effect on   PL 101-189 Sec 1012...       690
   gamma-ray astronomy missions,
   report.
  START talks, sense of Congress...  PL 101-189 Sec 1003...       683
  Strategic arms reduction           PL 101-189 Sec 1001...       682
   agreement effect on Trident
   program, report.
  Treaty limitations on weapons      PL 101-189 Sec 1007...       687
   capable of threatening military
   satellites, sense of Congress.
  Verification conducted with        PL 101-189 Sec 1002...       683
   regard to mobile ICBMs under
   START agreement, report.
  Verification of compliance with    PL 101-189 Sec 1010...       689
   agreements to limit nuclear
   testing, report.
National Defense Authorization Act,  PL 101-510............       677
 FY 1991.
  Missile technology control policy  PL 101-510 Sec 1701...       680
  Nuclear risk reduction measures,   PL 101-510 Sec 1441...       677
   sense of Congress.
  START agreement..................  PL 101-510 Sec 1443...       679
  START and strategic modernization  PL 101-510 Sec 1442...       679
National Defense Authorization Act,  PL 102-190............       674
 FY 1992 and 1993.
  Nuclear testing and test ban       PL 102-190 Sec 3140...       675
   readiness program negotiation
   resumption, report.
  Nuclear weapons, report..........  PL 102-190 Sec 3142...       676
  Redeployment of Minuteman III      PL 102-190 Sec 153....       674
   ICBMs limitations.
  Warhead dismantlement and          PL 102-190 Sec 3141...       675
   material disposal.
National Defense Authorization Act,  PL 102-484............       666
 FY 1993.
  Former Soviet Union and Eastern    PL 102-484 Sec 1321...       666
   Europe nuclear weapons reduction.
  International fissile material
   and warhead control
    Development and demonstration    PL 102-484 Sec 3153...       673
     program.
    Negotiations...................  PL 102-484 Sec 3151...       672
    Tritium production.............  PL 102-484 Sec 3154...       673
  International mine clearing        PL 102-484 Sec 1364...       669
   efforts in refugee situations,
   report.
  Landmine export moratorium.......  PL 102-484 Sec 1365...       669
National Defense Authorization Act,  PL 103-160............       651
 FY 1994.
  Counterproliferation Program       PL 103-160 Sec 1605...       655
   Review Committee establishment.
  Definitions......................  PL 103-160 Sec 1607...       659
  Global proliferation of strategic  PL 103-160 Sec 1601...       651
   and advanced conventional
   military weapons, equipment and
   technology study.
National Defense Authorization Act,
 FY 1994--Continued
  International nonproliferation
   activities
    Assistance to Russia for         PL 103-160 Sec 1612...       662
     construction of plutonium
     storage facility.
    North Korea and the Treaty on    PL 103-160 Sec 1613...       663
     the Non-Proliferation of
     Nuclear Weapons.
    Nuclear nonproliferation.......  PL 103-160 Sec 1611...       659
    Proliferation of space launch    PL 103-160 Sec 1614...       664
     vehicle technologies, sense of
     Congress.
  Nonproliferation and               PL 103-160 Sec 1606...       658
   counterproliferation activities
   and programs, report.
  U.S. capabilities to prevent and   PL 103-160 Sec 1604...       654
   counter weapons proliferation,
   sense of Congress.
  U.S. counterproliferation policy   PL 103-160 Sec 1603...       653
   studies.
National Defense Authorization Act,  PL 103-337............       135
 FY 1995.
                                     ......................       644
  Counterproliferation activities    PL 103-337 Sec 1503...       644
   and programs, reports.
  Counterproliferation activities    PL 103-337 Sec 1504...       646
   appropriations authorization.
  Indefinite extension of Nuclear    PL 103-337 Sec 1508...       648
   Non-Proliferation Treaty, sense
   of Congress.
  Nuclear weapons testing            PL 103-337 Sec 1509...       649
   limitations negotiation.
  Proliferation of foreign military  PL 103-337 Sec 1506...       648
   satellites, funds limitation
   related to submission of report.
                                     PL 103-337 Sec 1507...       648
  States of the former Soviet Union
    Funding limitations............  PL 103-337 Sec 1206...       136
    Nuclear arsenal dismantlement,   PL 103-337 Sec 1209...       140
     sense of Congress.
    Offensive biological warfare     PL 103-337 Sec 1207...       137
     program, report.
    Program coordination...........  PL 103-337 Sec 1208...       140
    Programs.......................  PL 103-337 Sec 1201...       136
    Weapons of mass destruction,     PL 103-337 Sec 1204...       136
     control and accountability of
     materials, report.
National Defense Authorization Act,  PL 104-106............       129
 FY 1996.
                                     ......................       637
  Arms control agreements            PL 104-106 Sec 1407...       641
   implementation.
  Chemical Weapons Convention and    PL 104-106 Sec 1406...       640
   START II Treaty ratification,
   sense of Congress.
  Moratorium on antipersonnel        PL 104-106 Sec 1402...       637
   landmines use by Armed Forces,
   report.
  States of the former Soviet Union
    Chemical weapons destruction     PL 104-106 Sec 1209...       134
     facility funds use limitation.
    Funding allocations............  PL 104-106 Sec 1202...       130
    Funds obligation, prior notice   PL 104-106 Sec 1205...       132
     to Congress requirement.
    Nuclear weapons scientists,      PL 104-106 Sec 1207...       133
     limitation on assistance.
    Offensive biological warfare     PL 104-106 Sec 1208...       133
     program funds limitation.
    Peacekeeping activities funds    PL 104-106 Sec 1203...       132
     use prohibition.
    Specification of programs......  PL 104-106 Sec 1201...       130
    Weapons destruction assistance   PL 104-106 Sec 1204...       132
     authority.
National Defense Authorization Act,
 FY 1996--Continued
  Strategic nuclear delivery         PL 104-106 Sec 1404...       638
   systems, limitation on
   retirement or dismantlement.
  Treaty violations, findings and    PL 104-106 Sec 1405...       638
   sense of Congress.
National Defense Authorization Act,  PL 104-201............       124
 FY 1997.
                                     ......................       625
  Commission to Assess the
   Ballistic Missile Threat to the
   United States
    Administrative provisions......  PL 104-201 Sec 1327...       636
    Duties.........................  PL 104-201 Sec 1322...       634
    Establishment of...............  PL 104-201 Sec 1321...       634
    Funding........................  PL 104-201 Sec 1328...       636
    Personnel matters..............  PL 104-201 Sec 1326...       635
    Powers.........................  PL 104-201 Sec 1324...       635
    Procedures.....................  PL 104-201 Sec 1325...       635
    Report.........................  PL 104-201 Sec 1323...       635
    Termination....................  PL 104-201 Sec 1329...       636
  Export controls, sense of          PL 104-201 Sec 1308...       631
   Congress.
  Fissile material security          PL 104-201 Sec 1310...       632
   assistance to other countries,
   sense of Congress.
  National Intelligence Estimate 95- PL 104-201 Sec 1311...       633
   19, review by Director of
   Central Intelligence.
  Nuclear proliferation activities,  PL 104-201 Sec 1303(b)       627
   strengthening sanctions against.
  People's Republic of China
    Joint Defense Conversion         PL 104-201 Sec 1307...       631
     Commission with United States.
    Military capabilities, report..  PL 104-201 Sec 1305...       627
    Weapons proliferation and        PL 104-201 Sec 1306...       628
     policies, report.
  States of the former Soviet Union
    Funding allocations............  PL 104-201 Sec 1502...       126
    Funds availability.............  PL 104-201 Sec 1505...       128
    Funds use limitation until       PL 104-201 Sec 1504...       127
     report submission.
    Funds use prohibition..........  PL 104-201 Sec 1503...       127
    Specification of programs......  PL 104-201 Sec 1501...       125
  Strategic nuclear delivery         PL 104-201 Sec 1302...       625
   systems, limitation on
   retirement or dismantlement.
National Defense Authorization Act,  PL 105-85.............       118
 FY 1998.
                                     ......................       612
  Chemical Weapons Convention,       PL 105-85 Sec 1303....       616
   assistance for facilities
   subject to inspection.
  High-priority                      PL 105-85 Sec 1304....       617
   counterproliferation programs,
   transfers of authorizations.
  Moratorium on antipersonnel        PL 105-85 Sec 1309....       622
   landmines use by Armed Forces,
   report.
  Russian strategic missile          PL 105-85 Sec 1301....       612
   detargeting, report.
  States of the former Soviet Union
    Funding allocations............  PL 105-85 Sec 1402....       119
    Funds use limitation
      Chemical weapons destruction.  PL 105-85 Sec 1406....       121
      Chemical weapons destruction   PL 105-85 Sec 1405....       121
       facility.
      Fissile material storage       PL 105-85 Sec 1407....       122
       facility.
      START II Treaty..............  PL 105-85 Sec 1404....       121
      Weapons storage security.....  PL 105-85 Sec 1408....       122
    Funds use prohibition..........  PL 105-85 Sec 1403....       120
    Payment of taxes, duties, and    PL 105-85 Sec 1409....       123
     other assessments on
     assistance, report.
    Specification of programs and    PL 105-85 Sec 1401....       119
     funds.
National Defense Authorization Act,
 FY 1998--Continued
  Strategic nuclear delivery         PL 105-85 Sec 1302....       613
   systems, limitation on
   retirement or dismantlement.
  U.S. nuclear weapons stockpile     PL 105-85 Sec 1305....       618
   safety, security and reliability.
  U.S. obligations under Chemical    PL 105-85 Sec 1307....       621
   Weapons Convention and
   environmental laws, sense of
   Congress.
National Defense Authorization Act,  PL 105-261............       110
 FY 1999.
                                     ......................       599
  Arms control developments,         PL 105-261 Sec 1502...       599
   transmission of reports.
  Counterproliferation
    Extension of authority for       PL 105-261 Sec 1531(a)       609
     support of United Nations
     Special Commission on Iraq.
    Nuclear tests in South Asia,     PL 105-261 Sec 1532...       609
     sense of Congress.
    Response to increased missile    PL 105-261 Sec 1533...       610
     threat in Asia-Pacific region,
     report.
  Emergency communications           PL 105-261 Sec 1503...       600
   capabilities between United
   States and Russia, report.
  Export controls
    Department of Defense            PL 105-261 Sec 1521...       607
     activities authority.
    Deputy Under Secretary of        PL 105-261 Sec 1521...       607
     Defense for Technology
     Security Policy.
    Nuclear export reporting         PL 105-261 Sec 1523...       608
     requirement.
    Release of information by        PL 105-261 Sec 1522...       608
     Department of Commerce to
     other agencies.
  Russian nonstrategic nuclear       PL 105-261 Sec 1504...       600
   weapons.
  Satellite export controls
    Certification of missile         PL 105-261 Sec 1512...       602
     equipment or technology to
     China.
    National security controls on    PL 105-261 Sec 1514...       603
     licensing.
    People's Republic of China       PL 105-261 Sec 1515...       605
     launching, report.
    Related items defined..........  PL 105-261 Sec 1516...       606
    Sense of Congress..............  PL 105-261 Sec 1511...       601
    United States Munitions List...  PL 105-261 Sec 1513...       602
  States of the former Soviet Union
    Appropriations request summary   PL 105-261 Sec 1307...       115
     submission requirement.
    Biological weapons programs in   PL 105-261 Sec 1308...       116
     Russia, report.
    Cooperative counter              PL 105-261 Sec 1306...       114
     proliferation program.
    Funding allocations............  PL 105-261 Sec 1302...       111
    Funds use limitation
      Biological weapons             PL 105-261 Sec 1305...       113
       proliferation prevention.
      Chemical weapons destruction.  PL 105-261 Sec 1304...       112
    Funds use prohibition..........  PL 105-261 Sec 1303...       112
    Specification of programs and    PL 105-261 Sec 1301...       111
     funds.
    Weapons of mass destruction      PL 105-261 Sec 1309...       117
     programs, report on
     individuals with expertise.
National Defense Authorization Act,  PL 106-65.............       104
 FY 2000.
                                     ......................       587
  Enhanced multilateral export       PL 106-65 Sec 1408....       592
   controls.
National Defense Authorization Act,
 FY 2000--Continued
  Enhancement of Defense Threat      PL 106-65 Sec 1409....       592
   Reduction Agency activities.
  Export control violations by       PL 106-65 Sec 1412....       595
   satellite manufacturers.
  Export license functions           PL 106-65 Sec 1403....       589
   resources.
  Exporting high-performance         PL 106-65 Sec 1406....       591
   computers to People's Republic
   of China, report.
  Foreign launch security            PL 106-65 Sec 1405....       591
   violations, report.
  High-performance computers, end-   PL 106-65 Sec 1407....       591
   use verification for use by
   People's Republic of China.
  Licensing decisions for            PL 106-65 Sec 1410....       594
   commercial satellite launch,
   timely notification by the
   Department of State.
  People's Republic of China         PL 106-65 Sec 1401....       587
   adherence to MTCR.
  Satellite export licensing.......  PL 106-65 Sec 1404....       590
  Satellite license applications,    PL 106-65 Sec 1411....       594
   enhanced intelligence
   consultation.
  States of the former Soviet Union
    Expanded Threat Reduction        PL 106-65 Sec 1309....       108
     Initiative, report.
    Funding allocations............  PL 106-65 Sec 1302....       105
    Funds use limitation
      Fissile material storage       PL 106-65 Sec 1304....       107
       facility.
      Until certification            PL 106-65 Sec 1310....       108
       submission.
      Until report submission......  PL 106-65 Sec 1306....       107
    Funds use prohibition..........  PL 106-65 Sec 1303....       106
    Report submission requirement..  PL 106-65 Sec 1308....       108
    Russian nonstrategic nuclear     PL 106-65 Sec 1312....       109
     arms, sense of Congress.
    Specification of programs and    PL 106-65 Sec 1301....       105
     funds.
  Strategic arms reductions, sense   PL 106-65 Sec 1502....       596
   of Congress.
  Strategic stability under START    PL 106-65 Sec 1503....       597
   III, report.
  Support of U.N.-sponsored          PL 106-65 Sec 1505....       598
   inspection and monitoring of
   Iraqi weapons activities.
  Technology transmitted to          PL 106-65 Sec 1405....       591
   People's Republic of China,
   report.
  Transfers of militarily sensitive  PL 106-65 Sec 1402....       588
   technology to countries of
   concern, report.
National Defense Authorization Act,  PL 106-398............        94
 FY 2001.
                                     ......................       580
  Coordination of nonproliferation   PL 106-398 Sec 3174...       586
   programs, sense of Congress.
  Department of Energy               PL 106-398 Sec 3173...       585
   nonproliferation monitoring,
   report.
  Nuclear Cities Initiative........  PL 106-398 Sec 3172...       582
  Nuclear Materials Protection,      PL 106-398 Sec 3171...       581
   Control and Accounting Program
   status, report.
  States of the former Soviet Union
    Activities and assistance,       PL 106-398 Sec 1308...        98
     reports.
    Audits, report.................  PL 106-398 Sec 1311...       102
    Chemical weapons elimination...  PL 106-398 Sec 1309...       101
    Funding allocations............  PL 106-398 Sec 1302...        95
    Funds use limitation
      Construction of fossil fuel    PL 106-398 Sec 1307...        97
       energy plants, report.
      Elimination of conventional    PL 106-398 Sec 1303...        96
       weapons.
National Defense Authorization Act,
 FY 2001--Continued
  States of the former Soviet
   Union--Continued
    Funds use limitation--Continued
      Elimination of Weapons Grade   PL 106-398 Sec 1310...       102
       Plutonium Program.
      Fissile material storage       PL 106-398 Sec 1304...        97
       facility.
      Warhead dismantlement          PL 106-398 Sec 1305...        97
       processing.
    Nuclear weapons storage sites    PL 106-398 Sec 1306...        97
     agreement.
    Specification of programs and    PL 106-398 Sec 1301...        95
     funds.
  Support of consultations on Arab   PL 106-398 Sec 1202...       580
   and Israeli arms control and
   regional security issues.
  Support of U.N.-sponsored          PL 106-398 Sec 1201(a)       580
   inspection and monitoring of
   Iraqi weapons activities.
National Defense Authorization Act,  PL 107-107............        89
 FY 2002.
                                     ......................       574
  Joint Data Exchange Center in      PL 107-107 Sec 1202...       574
   Moscow funding limitation.
  Nuclear Cities Initiative........  PL 107-107 Sec 3132...       578
  Nuclear Cities Initiative program  PL 107-107 Sec 3131...       578
   and Initiatives for
   Proliferation Prevention program
   consolidation.
  Securing nuclear weapons,          PL 107-107 Sec 1205...       575
   material and expertise of the
   States of the former Soviet
   Union.
  States of the former Soviet Union
    Funding allocations............  PL 107-107 Sec 1302...        90
    Funds use limitation
      Construction activities......  PL 107-107 Sec 1306...        92
      Fissile material storage       PL 107-107 Sec 1305...        92
       facility.
      Until report submission......  PL 107-107 Sec 1303...        92
    Revenue use requirement........  PL 107-107 Sec 1304...        92
    Specification of programs and    PL 107-107 Sec 1301...        90
     funds.
  Support of U.N.-sponsored          PL 107-107 Sec 1203...       575
   inspection and monitoring of
   Iraqi weapons activities.
National Defense Authorization Act,  PL 107-314............        81
 FY 2003.
                                     ......................       568
  Accelerated return of weapons-     PL 107-314 Sec 3160...       572
   usable nuclear materials.
  Department of Energy programs
    Elimination of weapons grade     PL 107-314 Sec 3151...        86
     plutonium production in Russia.
  Export control programs..........  PL 107-314 Sec 3159...       572
  International Materials            PL 107-314 Sec 3156...       571
   Protection, Control and
   Accounting Program of the
   Department of Energy.
  International security for         PL 107-314 Sec 3158...       571
   nuclear materials and operations.
  Russian proliferation to Iran and  PL 107-314 Sec 1206...       569
   other countries of concern,
   report.
  States of the former Soviet Union
    Funding allocations............  PL 107-314 Sec 1302...        82
    Funds use limitation
      Fissile material storage       PL 107-314 Sec 1305...        84
       facility.
      Until report submission......  PL 107-314 Sec 1303...        84
    Limited waiver of restrictions   PL 107-314 Sec 1306...        84
     on use of funds.
    Specification of programs and    PL 107-314 Sec 1301...        82
     funds.
National Defense Authorization Act,
 FY 2003--Continued
  Support of U.N.-sponsored          PL 107-314 Sec 1204...       568
   inspection and monitoring of
   Iraqi weapons activities.
National Defense Authorization Act,  PL 108-136............        72
 FY 2004.
                                     ......................       562
  International nuclear materials    PL 108-136 Sec 3124...       565
   protection and cooperation
   program funds use outside the
   former Soviet Union.
  Iraq acquisition of advanced       PL 108-136 Sec 1204...       563
   weapons, report.
  Nuclear security initiative
    Management assessment of threat  PL 108-136 Sec 3611...        79
     reduction and nonproliferation
     programs.
  On-site managers.................  PL 108-136 Sec 3125...       566
  Reduction of excessive             PL 108-136 Sec 3122...       564
   unobligated or unexpended
   balances for defense nuclear
   nonproliferation activities,
   report.
  States of the former Soviet Union
    Biological research              PL 108-136 Sec 1304...        75
     restrictions.
    Certification on use of          PL 108-136 Sec 1307...        77
     facilities.
    Chemical weapons destruction     PL 108-136 Sec 1306...        77
     facility in Russia funding
     limitation waiver.
    Funding allocations............  PL 108-136 Sec 1302...        73
    Funds use authority............  PL 108-136 Sec 1308...        78
    On-site manager requirements...  PL 108-136 Sec 1305...        76
    Permit requirements............  PL 108-136 Sec 1303...        74
    Specification of programs and    PL 108-136 Sec 1301...        73
     funds.
  Strategic nuclear warhead          PL 108-136 Sec 1033...       562
   dismantling, report.
  Weapons-grade uranium and          PL 108-136 Sec 3123...       564
   plutonium of the former Soviet
   Union, study and report.
National Defense Authorization Act,  PL 108-375............        69
 FY 2005.
                                     ......................       553
  Collaborative measures to reduce   PL 108-375 Sec 1214...       555
   the risks of a Russian nuclear
   weapons launch, report.
  Defense international              PL 108-375 Sec 1211...       553
   counterproliferation programs.
  Global partnership against spread  PL 108-375 Sec 1213...       554
   of weapons of mass destruction,
   sense of Congress.
  Nonproliferation of ballistic      PL 108-375 Sec 1212...       553
   missiles, policy and sense of
   Congress.
  Nuclear nonproliferation           PL 108-375 Sec 3134...       560
   fellowships for United States
   and Russian Federation
   scientists.
  Removal or security of fissile     PL 108-375 Sec 3132...       555
   materials, radiological
   materials and equipment at
   vulnerable sites.
  Silk Road Initiative.............  PL 108-375 Sec 3133...       559
  States of the former Soviet Union
    Funding allocations............  PL 108-375 Sec 1302...        70
    Specification of programs and    PL 108-375 Sec 1301...        70
     funds.
National Defense Authorization Act,  PL 109-163............        65
 FY 2006.
                                     ......................       550
  Nonproliferation provisions
    Comprehensive inventory of       PL 109-163 Sec 3115...       551
     Russian nonstrategic nuclear
     weapons, report.
National Defense Authorization Act,
 FY 2006--Continued
  Nonproliferation provisions--
   Continued
    Nonstrategic nuclear weapons,    PL 109-163 Sec 1212...       551
     report.
    Prohibition on procurements      PL 109-163 Sec 1211...       550
     from Communist Chinese
     military companies.
  States of the former Soviet Union
    Elimination of impediments to    PL 109-163 Sec 1304...        67
     programs, report.
    Funding allocations............  PL 109-163 Sec 1302...        66
    Specification of programs and    PL 109-163 Sec 1301...        66
     funds.
National Defense Authorization Act,  PL 109-364............        61
 FY 2007.
                                     ......................       544
  Destruction of U.S. chemical       PL 109-364 Sec 921....       544
   weapons stockpile, sense of
   Congress.
  International Nuclear Materials    PL 109-364 Sec 3114...       548
   Protection and Cooperation
   program contributions
   utilization.
  Iran, United States policy on      PL 109-364 Sec 1214...       547
   nuclear programs, sense of
   Congress.
  North Korea nonproliferation       PL 109-364 Sec 1211...       545
   policy.
  Republic of Korea, participation   PL 109-364 Sec 1212...       546
   of multinational partners in the
   United Nations Command, report.
  Russian Plutonium Disposition      PL 109-364 Sec 3114...       548
   program contributions
   utilization.
  States of the former Soviet Union
    Biological weapons               PL 109-364 Sec 1304...        63
     proliferation prevention,
     National Academy of Sciences
     study.
    Funding allocations............  PL 109-364 Sec 1302...        62
    Specification of programs and    PL 109-364 Sec 1301...        62
     funds.
National Defense Authorization Act,  PL 110-181............        51
 FY 2008.
                                     ......................       538
  Cooperative threat reduction with
   States of the former Soviet
   Union
    Funding allocations............  PL 110-181 Sec 1302...        52
    New initiatives
      Funding......................  PL 110-181 Sec 1306(d)        55
    Restrictions on assistance       PL 110-181 Sec 1304...        53
     repeal.
    Specification of programs and    PL 110-181 Sec 1301...        52
     funds.
  Fissile materials disposition      PL 110-181 Sec 3114...       539
   program, limitation on funds
   availability.
  Nuclear non-proliferation policy,  PL 110-181 Sec 3126...       539
   sense of Congress.
  Nuclear terrorism prevention
    Annual report..................  PL 110-181 Sec 3134...       542
    Definitions....................  PL 110-181 Sec 3131...       540
    Minimum security standard for    PL 110-181 Sec 3133...       541
     nuclear weapons and formula
     quantities of strategic
     special nuclear material.
    Sense of Congress..............  PL 110-181 Sec 3132...       541
  Reliable replacement warhead       PL 110-181 Sec 3126...       539
   program, sense of Congress.
  States of the former Soviet Union
    Biological weapons               PL 110-181 Sec 1308...        56
     proliferation prevention,
     National Academy of Sciences
     study.
    Chemical weapons destruction at  PL 110-181 Sec 1307...        55
     Shchuch'ye, Russia, report.
    New initiatives
      National Academy of Sciences   PL 110-181 Sec 1306(b)        55
       study.
National Defense Authorization Act,
 FY 2008--Continued
  States of the former Soviet
   Union--Continued
    New initiatives--Continued
      Secretary of Defense report..  PL 110-181 Sec 1306(c)        55
      Sense of Congress............  PL 110-181 Sec 1306(a)        54
National Defense Authorization Act,  PL 110-417............        47
 FY 2009.
                                     ......................       530
  Department of Defense
   authorizations
    Notification of Committees on    PL 110-417 Sec 1062...       532
     Armed Services with respect to
     nonproliferation and
     proliferation activities.
    Nuclear weapons, report........  PL 110-417 Sec 1044...       530
  Department of Energy national
   security programs
    Enhancing nuclear forensics      PL 110-417 Sec 3114...       535
     capabilities.
    Global initiatives for           PL 110-417 Sec 3116...       536
     proliferation prevention
     program, review and reports.
    Global nuclear energy            PL 110-417 Sec 3117...       537
     partnership, limitation on
     availability of funds.
  Funding allocations..............  PL 110-417 Sec 1302...        48
  Iran
    Capability to produce nuclear    PL 110-417 Sec 1234...       534
     weapons, report.
  People's Republic of China
    Security risks of participation  PL 110-417 Sec 1233...       532
     by defense contractors in
     space activities.
  Specifications of programs and     PL 110-417 Sec 1301...        47
   funds.
National emergencies
  Construction authority...........  EO 13235..............       739
  Declaration by reason of           Proclamation 7463.....       738
   terrorist attacks
National Emergencies Act...........  PL 94-412.............       733
  Accountability requirements......  PL 94-412 Sec 401.....       736
  Declarations of future national    PL 94-412 Sec 201.....       733
   emergencies.
  Exercise of emergency powers and   PL 94-412 Sec 301.....       735
   authorities.
  Repeal and continuation of         PL 94-412 Sec 501.....       736
   emergency power.
  Reporting requirements...........  PL 94-412 Sec 401.....       736
  Terminating existing declared      PL 94-412 Sec 101.....       733
   emergencies.
National Intelligence Estimate 95-
 19
  Review by Director of Central      PL 104-201 Sec 1311...       633
   Intelligence.
National Missile Defense Act of
 1999
  National missile defense policy..  PL 106-38.............       261
  Reduction of Russian nuclear       PL 106-38 Sec 3.......       261
   forces policy.
National Security and Corporate      PL 106-113............       250
 Fairness under the Biological
 Weapons Convention Act.
  Definitions......................  PL 106-113 Sec 1122...       251
  Findings.........................  PL 106-113 Sec 1123...       251
  Nonproliferation program use of    PL 106-113 Sec 1132...       254
   resources.
  Provision of information to        PL 106-113 Sec 1134...       255
   Congress.
  Science and technology centers
    In the former Soviet Union,      PL 106-113 Sec 1138...       256
     funding.
    Research and activities........  PL 106-113 Sec 1139...       256
  Trial investigations and visits..  PL 106-113 Sec 1124...       252
National Security and Corporate
 Fairness under the Biological
 Weapons Convention Act--Continued
  Weapons-grade material             PL 106-113 Sec 1133...       254
   disposition.
National Security Council Committee
 on Nonproliferation
  Establishment, membership and      PL 104-201 Sec 1442...       320
   responsibilities.
NATO. See North Atlantic Treaty
 Organization
NATO Enlargement Facilitation Act    PL 104-208............       823
 of 1996.
  Authorization of appropriations    PL 104-208 Sec 607....       827
   for assistance.
  Designation of countries eligible  PL 104-208 Sec 606....       827
   for assistance.
  Eligibility termination..........  PL 104-208 Sec 611....       829
  Estonia, Latvia and Lithuania,     PL 104-208 Sec 605....       826
   sense of Congress.
  Excess defense articles..........  PL 104-208 Sec 609....       828
  Findings.........................  PL 104-208 Sec 602....       823
  Modernization of defense           PL 104-208 Sec 610....       829
   capability.
  Partnership for Peace Information  PL 104-208 Sec 608....       828
   Management System.
  Regional Airspace Initiative.....  PL 104-208 Sec 608....       828
  Sense of Congress................  PL 104-208 Sec 604....       826
  U.S. policy......................  PL 104-208 Sec 603....       826
NATO Freedom Consolidation Act of    PL 110-17.............       809
 2007.
  Designation of Albania, Croatia,   PL 110-17 Sec 4.......       814
   Georgia, Macedonia and Ukraine
   as eligible to receive
   assistance.
  Findings.........................  PL 110-17 Sec 2.......       809
  Policy declarations..............  PL 110-17 Sec 3.......       813
  Security assistance authorization  PL 110-17 Sec 5.......       815
NATO Participation Act of 1994.....  PL 103-447............       830
  Authorities, sense of Congress...  PL 103-447 Sec 204....       834
  Authority for program to           PL 103-447 Sec 203....       831
   facilitate transition to NATO
   membership.
  Reporting requirement............  PL 103-447 Sec 205....       834
  Sense of Congress................  PL 103-447 Sec 202....       830
9/11 Commission recommendations
  Weapons of mass destruction
   proliferation and terrorism
   prevention
    Assistance to accelerate         PL 110-53 Sec 1831....        59
     programs.
                                     ......................       184
                                     PL 110-53 Sec 1832....        59
                                     ......................       184
                                     PL 110-53 Sec 1833....        60
                                     ......................       185
    Commission on the Prevention of
     Weapons of Mass Destruction
     Proliferation and Terrorism
      Composition of...............  PL 110-53 Sec 1853....       189
      Establishment of.............  PL 110-53 Sec 1851....       188
      Funding......................  PL 110-53 Sec 1859....       192
      Nonapplicability of Federal    PL 110-53 Sec 1856....       191
       Advisory Committee Act.
      Powers of....................  PL 110-53 Sec 1855....       190
      Purposes of..................  PL 110-53 Sec 1852....       188
      Report.......................  PL 110-53 Sec 1857....       192
      Responsibilities of..........  PL 110-53 Sec 1854....       189
      Termination..................  PL 110-53 Sec 1858....       192
    Definitions....................  PL 110-53 Sec 1802....       179
    Findings.......................  PL 110-53 Sec 1801....        58
                                     ......................       179
    Office of the United States      PL 110-53 Sec 1841....       185
     Coordinator for the Prevention
     of Weapons of Mass Destruction
     Proliferation and Terrorism.
9/11 Commission recommendations--
 Continued
  Weapons of mass destruction
   proliferation and terrorism
   prevention--Continued
    Proliferation Security
     Initiative
      Authority to provide           PL 110-53 Sec 1822....       183
       assistance to cooperative
       countries.
      Improvements and authorities.  PL 110-53 Sec 1821....       181
    Repeal and modification of       PL 110-53 Sec 1811....        58
     assistance limitations.
                                     ......................       180
    United States-Russia             PL 110-53 Sec 1842....       188
     cooperation and coordination,
     sense of Congress.
Nonproliferation and Export Control  PL 107-228............       214
 Assistance, 2003.
  Appropriations authorization.....  PL 107-228 Sec 1301...       214
  IAEA budget assessments and        PL 107-228 Sec 1305...       215
   voluntary contributions.
  Reports..........................  PL 107-228 Sec 1308...       217
  Scientist relocation.............  PL 107-228 Sec 1304(d)       215
  Technology acquisition programs    PL 107-228 Sec 1302...       214
   for friendly foreign countries.
  Three-year international strategy  PL 107-228 Sec 1309...       220
Nonproliferation and International
 Security program
  Appropriations authorization,      PL 110-53 Sec 1833....        60
   2008.
Nonproliferation and Verification
 Research and Development program
  Appropriations authorization,      PL 110-53 Sec 1833....        60
   2008.
Nonproliferation Assistance          PL 107-228............       228
 Coordination Act of 2002.
  Administrative support...........  PL 107-228 Sec 1336...       230
  Authority........................  PL 107-228 Sec 1335(b)       230
  Committee on Nonproliferation      PL 107-228 Sec 1334...       229
   Assistance establishment.
  Confidentiality of information...  PL 107-228 Sec 1337...       231
  Consultation.....................  PL 107-228 Sec 1339(b)       231
  Definitions......................  PL 107-228 Sec 1333...       229
  Findings.........................  PL 107-228 Sec 1332...       228
  Purposes.........................  PL 107-228 Sec 1335(a)       229
  Report...........................  PL 107-228 Sec 1339(a)       231
  Statutory construction...........  PL 107-228 Sec 1338...       231
Nonproliferation programs. See Arms
 control; National Defense
 Authorization Acts; Weapons of
 mass destruction
Nonproliferation provisions in       PL 107-228............       234
 Foreign Relations Authorization
 Act, FY 2003.
  Chemical Weapons Convention        PL 107-228 Sec 1605...       236
   compliance.
  Detailing U.S. governmental        PL 107-228 Sec 1603...       235
   personnel to international
   organizations.
  Diplomatic presence overseas.....  PL 107-228 Sec 1604...       235
  Real-time availability of          PL 107-228 Sec 1602...       235
   seismological data.
  South Asia nuclear and missile     PL 107-228 Sec 1601...       234
   nonproliferation.
North Atlantic Treaty Organization
  European Security Act of 1998....  PL 105-277............       816
    Authorities relating to NATO     PL 105-277 Sec 2703...       818
     enlargement.
    Ballistic missile defense        PL 105-277 Sec 2705...       820
     restrictions and requirements.
    Statement of policy............  PL 105-277 Sec 2702...       816
    Treaty on Conventional Armed     PL 105-277 Sec 2704...       819
     Forces in Europe, sense of
     Congress.
North Atlantic Treaty Organization--
 Continued
  NATO Enlargement Facilitation Act  PL 104-208............       823
   of 1996.
  NATO Freedom Consolidation Act of  PL 110-17.............       809
   2007.
  NATO Participation Act of 1994...  PL 103-447............       830
  Nuclear security initiative
    Cooperation with Russia on       PL 108-136 Sec 3623...       211
     ballistic missile defenses,
     sense of Congress.
  Reaffirming the U.S. commitment    PL 96-9...............       835
   to the North Atlantic Alliance.
  Reaffirming the unity of the       PL 95-287.............       836
   North Atlantic Alliance
   commitment.
North Korea
  Iran, North Korea and Syria        PL 106-178............       238
   Nonproliferation Act.
    Application of measures to       PL 106-178 Sec 3......       240
     certain foreign persons.
    Definitions....................  PL 106-178 Sec 7......       247
    Exemption from measures........  PL 106-178 Sec 5......       242
    International Space Station      PL 106-178 Sec 6......       244
     restriction on extraordinary
     payments.
    Procedures if measures are not   PL 106-178 Sec 4......       242
     applied.
    Reports........................  PL 106-178 Sec 2......       239
  Nonproliferation policy..........  PL 109-364 Sec 1211...       545
  Treaty on the Non-Proliferation    PL 103-160 Sec 1613...       663
   of Nuclear Weapons.
North Korea Threat Reduction Act of  PL 106-113............       500
 1999.
  Definitions......................  PL 106-113 Sec 823....       501
  Restrictions on nuclear            PL 106-113 Sec 822....       500
   cooperation.
Nuclear energy
  International Atomic Energy        PL 85-177.............       521
   Agency Participation Act of 1957.
    Appointments...................  PL 85-177 Sec 2.......       521
    Appropriations authorization...  PL 85-177 Sec 5.......       523
    Authority......................  PL 85-177 Sec 4.......       523
    Federal employees..............  PL 85-177 Sec 6.......       523
    Senate advise and consent        PL 85-177 Sec 8.......       524
     refusal.
    U.S. participation.............  PL 85-177 Sec 3.......       522
  International Atomic Energy
   cooperation
    Authority to carry out           EO 10841..............       528
     provisions of the Atomic
     Energy Act of 1954.
    Authorization for communication
     of restricted data
      Central Intelligence Agency..  EO 10899..............       527
      Department of State..........  EO 11057..............       526
  Space nuclear reactors effect on   PL 101-189 Sec 1012...       690
   gamma-ray astronomy missions,
   report.
  United States-India Nuclear        PL 110-369............       477
   Cooperation Approval and
   Nonproliferation Enhancement Act.
    Additional protocol between      PL 110-369 Sec 103....       479
     India and the IAEA.
    Agreement approval.............  PL 110-369 Sec 101....       478
    Certification requirement......  PL 110-369 Sec 102(c).       479
    Definitions....................  PL 110-369 Sec 2......       477
    Policy declarations............  PL 110-369 Sec 102(a).       478
                                     PL 110-369 Sec 102(b).       478
    Procedures regarding subsequent  PL 110-369 Sec 201....       480
     reprocessing arrangement.
    Rule of construction...........  PL 110-369 Sec 102(d).       479
    Safeguard agreement              PL 110-369 Sec 104....       479
     implementation between India
     and the IAEA.
    U.S. policy at the Nuclear       PL 110-369 Sec 204....       480
     Suppliers Group.
Nuclear materials
  Accelerated return of weapons-     PL 107-314 Sec 3160...       572
   usable materials.
  Acceleration of removal or         PL 108-375 Sec 3132...       555
   security of fissile materials,
   radiological materials, and
   related equipment at vulnerable
   sites.
  Agreement between the United       EO 13458..............       379
   States and the IAEA for
   application of safeguards.
  Atomic Energy Act of 1954........  PL 83-703.............       405
  Enrichment Oversight Committee...  EO 13085..............       510
    Domestic enrichment services...  EO 13085 Sec 6........       512
    Establishment..................  EO 13085 Sec 1........       510
    Foreign ownership, control or    EO 13085 Sec 5........       511
     influence.
    HEU Agreement oversight........  EO 13085 Sec 4........       511
    Nuclear Regulatory Commission    EO 13085 Sec 7........       512
     coordination.
    Objectives.....................  EO 13085 Sec 2........       510
    Organization...................  EO 13085 Sec 3........       510
  Exports
    Control programs...............  PL 107-314 Sec 3159...       572
    Low-enriched uranium fuel......  PL 96-280.............       400
    Reporting requirement..........  PL 105-261 Sec 1523...       608
    Special material and components  EO 12055..............       402
     to India.
                                     EO 12218..............       401
  Protection, Control and            PL 106-398 Sec 3171...       581
   Accounting Program status,
   report.
  Report on special materials of     PL 102-511 Sec 510....       158
   the former Soviet Union.
  Restrictions on nuclear            PL 106-113 Sec 822....       500
   cooperation with North Korea.
  Securing weapons, material and     PL 107-107 Sec 1205...       575
   expertise of the States of the
   former Soviet Union.
  Security assistance to other       PL 104-201 Sec 1310...       632
   countries, sense of Congress.
  Strengthened international         PL 107-314 Sec 3158...       571
   security.
  Use of international protection    PL 108-136 Sec 3124...       565
   and cooperation program funds
   outside the former Soviet Union.
  Weapons-grade uranium and          PL 108-136 Sec 3123...       564
   plutonium of the former Soviet
   Union, study and report.
Nuclear Non-Proliferation Act of     PL 95-242.............       380
 1978.
  Annual reports...................  PL 95-242 Sec 602.....       395
  Definitions......................  PL 95-242 Sec 4.......       381
  Developing countries assistance
    Policy.........................  PL 95-242 Sec 501.....       391
    Programs.......................  PL 95-242 Sec 502.....       392
    Reports........................  PL 95-242 Sec 501.....       391
                                     PL 95-242 Sec 503.....       393
  Exports
    Authority to continue            PL 95-242 Sec 405.....       391
     agreements.
    Control requirements...........  PL 95-242 Sec 402.....       388
    Controls.......................  PL 95-242 Sec 309.....       402
    Environmental protection.......  PL 95-242 Sec 407.....       391
    Licensing procedures...........  PL 95-242 Sec 304.....       386
    Peaceful nuclear activities....  PL 95-242 Sec 403.....       388
    Renegotiation of cooperation     PL 95-242 Sec 404.....       390
     agreements.
    Review.........................  PL 95-242 Sec 406.....       391
  Initiatives to provide adequate
   nuclear fuel supply
    International undertakings.....  PL 95-242 Sec 104.....       383
    Policy.........................  PL 95-242 Sec 101.....       382
Nuclear Non-Proliferation Act of
 1978--Continued
  Initiatives to provide adequate
   nuclear fuel supply--Continued
    Reevaluation of nuclear fuel     PL 95-242 Sec 105.....       384
     cycle.
    Report.........................  PL 95-242 Sec 103.....       383
    Uranium enrichment capacity....  PL 95-242 Sec 102.....       382
  International safeguard system
   strengthening
    Negotiations...................  PL 95-242 Sec 203.....       386
    Policy.........................  PL 95-242 Sec 201.....       385
    Training program...............  PL 95-242 Sec 202.....       385
  Policy statement.................  PL 95-242 Sec 2.......       380
  Presidential reports.............  PL 95-242 Sec 601.....       393
  Purpose statement................  PL 95-242 Sec 3.......       381
  Saving clause....................  PL 95-242 Sec 603.....       397
Nuclear Proliferation Prevention     PL 103-236............       324
 Act of 1994.
  Definitions......................  PL 103-236 Sec 830....       331
  International Atomic Energy
   Agency
    Bilateral and multilateral       PL 103-236 Sec 841....       332
     initiatives.
    Definitions....................  PL 103-236 Sec 844....       335
    Internal reforms...............  PL 103-236 Sec 842....       333
    Reporting requirement..........  PL 103-236 Sec 843....       334
  International financial            PL 103-236 Sec 823....       328
   institutions role.
  Procurement sanction on persons    PL 103-236 Sec 821....       324
   engaging in export activities
   that contribute to proliferation.
  Prohibition on assisting           PL 103-236 Sec 824....       328
   proliferation through the
   provision of financing.
  Reporting on demarches, sense of   PL 103-236 Sec 828(b).       330
   Congress.
Nuclear Regulatory Commission
  Enrichment Oversight Committee     EO 13085 Sec 7........       512
   coordination.
Nuclear Security Administration
  Elimination of weapons grade       PL 107-314 Sec 3151...        86
   plutonium production in Russia.
Nuclear Security Initiative Act of   PL 108-136............       209
 2003.
  Enhanced collaboration for more    PL 108-136 Sec 3624...       212
   reliable Russian early warning
   systems, sense of Congress.
  Interparliamentary Threat          PL 108-136 Sec 3622...       211
   Reduction Working Group
   establishment.
  Management assessment of threat    PL 108-136 Sec 3611...        79
   reduction and nonproliferation
   programs.
                                     ......................       209
  Nuclear and radiological security  PL 108-136 Sec 3631...       212
   and safety discussions between
   IAEA and OECD.
  Russian tactical nuclear weapons,  PL 108-136 Sec 3621...       211
   comprehensive inventory.
  United States and NATO             PL 108-136 Sec 3623...       211
   cooperation with Russia on
   ballistic missile defenses,
   sense of Congress.
Nuclear Suppliers Group
  U.S. policy to strengthen          PL 110-369 Sec 204....       480
   international nuclear
   nonproliferation regime.
Nuclear weapons. See also Arms
 control; Weapons of mass
 destruction
  Accidental launch protection,      PL 101-189 Sec 1005...       685
   sense of Congress.
  Agreement for cooperation between  PL 99-183.............       519
   the United States and China.
  Alternative strategic nuclear      PL 100-456 Sec 908....       697
   force for the United States
   under potential START Treaty.
Nuclear weapons--Continued
  Assistance limitation to           PL 104-106 Sec 1207...       133
   scientists of the former Soviet
   Union.
  Blocking property of the Russian   EO 13159..............       373
   Federation government related to
   disposition of highly enriched
   uranium.
  Collaborative measures to reduce   PL 108-375 Sec 1214...       555
   the risks of a Russian launch,
   report.
  Coordination of nonproliferation   PL 106-398 Sec 3174...       586
   programs, sense of Congress.
  Elimination of Weapons Grade
   Plutonium Program
    Department of Energy programs..  PL 107-314 Sec 3151...        86
    Funds use limitation...........  PL 106-398 Sec 1310...       102
  Emergency preparedness testing...  PL 104-201 Sec 1415...       313
  Emergency response...............  PL 104-201 Sec 1413...       312
  Former Soviet Union and Eastern    PL 102-484 Sec 1321...       666
   Europe reduction policy.
  High-yield explosives response     PL 104-201 Sec 1414...       313
   team.
  Indefinite extension of Nuclear    PL 103-337 Sec 1508...       648
   Non-Proliferation Treaty, sense
   of Congress.
  International fissile material
   and warhead control
    Development and demonstration    PL 102-484 Sec 3153...       673
     program.
    Negotiations...................  PL 102-484 Sec 3151...       672
    Tritium production.............  PL 102-484 Sec 3154...       673
  International nonproliferation     PL 103-160 Sec 1611...       659
   activities.
  Nonproliferation provisions,       PL 109-163 Sec 1212...       551
   report.
  North Korea and the Treaty on the  PL 103-160 Sec 1613...       663
   Non-Proliferation of Nuclear
   Weapons.
  Nuclear Cities Initiative........  PL 106-398 Sec 3172...       582
                                     PL 107-107 Sec 3132...       578
  Nuclear Cities Initiative program  PL 107-107 Sec 3131...       578
   and Initiatives for
   Proliferation Prevention program
   consolidation.
  Nuclear non-proliferation          EO 12058..............       398
   functions.
  Nuclear terrorism prevention
    Annual report..................  PL 110-181 Sec 3134...       542
    Definitions....................  PL 110-181 Sec 3131...       540
    Minimum security standard for    PL 110-181 Sec 3133...       541
     nuclear weapons and formula
     quantities of strategic
     special nuclear material.
    Sense of Congress..............  PL 110-181 Sec 3132...       541
  Nuclear winter findings and        PL 98-525 Sec 1107....       718
   policy implications, report.
                                     PL 99-145 Sec 1006....       714
  Plutonium production elimination.  PL 104-201 Sec 1432...       318
  Purchase, packaging and            PL 104-201 Sec 1455...       323
   transportation of fissile
   materials at risk of theft,
   sense of Congress.
  Purchase of low-enriched uranium   PL 104-201 Sec 1454...       323
   derived from Russian highly
   enriched uranium, sense of
   Congress.
  Reduction of excessive             PL 108-136 Sec 3122...       564
   unobligated or unexpended
   balances for defense nuclear
   nonproliferation activities,
   report.
  Report...........................  PL 110-417 Sec 1044...       530
  Risk reduction centers
    Establishment in the United      PL 98-525 Sec 1108....       719
     States and Soviet Union, sense
     of Congress.
    Support........................  PL 100-180 Sec 907....       706
      Sense of Congress............  PL 99-661 Sec 1004....       709
  Risk reduction measures, sense of  PL 101-510 Sec 1441...       677
   Congress.
Nuclear weapons--Continued
  Russian nonstrategic nuclear       PL 106-65 Sec 1312....       109
   arms, sense of Congress.
  Russian nonstrategic weapons.....  PL 105-261 Sec 1504...       600
  Russian strategic missile          PL 105-85 Sec 1301....       612
   detargeting, report.
  Safe and secure dismantlement of   PL 103-337 Sec 1209...       140
   Soviet arsenal, sense of
   Congress.
  Securing weapons, material and     PL 107-107 Sec 1205...       575
   expertise of the States of the
   former Soviet Union.
  Security issues, report..........  PL 102-190 Sec 3142...       676
  Soviet Nuclear Threat Reduction    PL 102-228............       166
   Act of 1991.
    Administration of program......  PL 102-228 Sec 221....       167
    Authorization of program.......  PL 102-228 Sec 212....       167
    Dire emergency supplemental      PL 102-228 Sec 223....       169
     appropriations.
    Emergency airlift authorization  PL 102-228 Sec 301....       169
    Prior notice of obligations to   PL 102-228 Sec 231....       169
     Congress.
    Repayment arrangements.........  PL 102-228 Sec 222....       168
    Reporting requirements.........  PL 102-228 Sec 302....       171
  START talks, sense of Congress...  PL 100-456 Sec 902....       695
  START Treaties
    Funds use limitation...........  PL 105-85 Sec 1404....       121
    Modernization..................  PL 101-510 Sec 1442...       679
    Monitoring issues, report......  PL 106-113 Sec 1114...        33
    Ratification, sense of Congress  PL 104-106 Sec 1406...       640
    Strategic nuclear delivery       PL 104-106 Sec 1404...       638
     systems, limitation on
     retirement or dismantlement.
                                     PL 104-201 Sec 1302...       625
                                     PL 105-85 Sec 1302....       613
    Strategic stability under START  PL 106-65 Sec 1503....       597
     III, report.
  Storage sites agreement between    PL 106-398 Sec 1306...        97
   Russia and United States.
  Strategic arms reduction           PL 101-189 Sec 1001...       682
   agreement effect on Trident
   program, report.
  Strategic arms reduction talks     PL 101-510 Sec 1443...       679
   agreement.
  Strategic arms reductions, sense   PL 106-65 Sec 1502....       596
   of Congress.
  Strategic nuclear delivery         PL 104-106 Sec 1404...       638
   systems, limitation on
   retirement or dismantlement.
                                     PL 104-201 Sec 1302...       625
                                     PL 105-85 Sec 1302....       613
  Strategic nuclear submarine        PL 98-525 Sec 1101....       716
   force, report.
  Strategic nuclear warhead          PL 108-136 Sec 1033...       562
   dismantling, report.
  Strategic stability under START    PL 106-65 Sec 1503....       597
   III, report.
  Strengthening sanctions against    PL 104-201 Sec 1303...       627
   proliferation activities.
  Tactical nuclear warheads          PL 98-525 Sec 1104....       717
   withdrawal from Europe, report.
  Testing, sense of Congress.......  PL 99-661 Sec 1002....       707
  Testing and test ban readiness     PL 102-190 Sec 3140...       675
   program negotiation resumption,
   report.
  Testing limitations negotiation..  PL 103-337 Sec 1509...       649
  Tests in South Asia, sense of      PL 105-261 Sec 1532...       609
   Congress.
  Theater nuclear weapons and force  PL 98-525 Sec 1103....       716
   structure, report.
  Treaties to prevent testing        PL 98-525 Sec 1111....       723
   policy.
  U.S. stockpile safety, security    PL 105-85 Sec 1305....       618
   and reliability.
Nuclear weapons--Continued
  United States Additional Protocol  PL 109-401............       193
   Implementation Act.
    Appropriations authorization...  PL 109-401 Sec 281....       205
    Authority......................  PL 109-401 Sec 211....       196
    Complementary access
      Authority requirement........  PL 109-401 Sec 221....       196
      Consents and warrants........  PL 109-401 Sec 223....       198
      Procedures for...............  PL 109-401 Sec 222....       197
      Prohibited acts..............  PL 109-401 Sec 224....       199
    Confidentiality of information.  PL 109-401 Sec 231....       199
    Definitions....................  PL 109-401 Sec 203....       194
    Enforcement....................  PL 109-401 Sec 243....       202
    Environmental sampling
      National security exclusion    PL 109-401 Sec 252....       202
       application.
      Notification to Congress of    PL 109-401 Sec 251....       202
       IAEA Board approval.
      Rule of construction.........  PL 109-401 Sec 254....       203
    Findings.......................  PL 109-401 Sec 202....       193
    IAEA inspections and visits....  PL 109-401 Sec 262....       204
    Penalties......................  PL 109-401 Sec 242....       200
    Protection of national security  PL 109-401 Sec 261....       203
     information.
    Recordkeeping violations.......  PL 109-401 Sec 241....       200
    Reports
      Content of reports on U.S.     PL 109-401 Sec 273....       204
       declarations.
      Efforts to promote             PL 109-401 Sec 274....       205
       implementation of additional
       protocols.
      IAEA notifications...........  PL 109-401 Sec 275....       205
      Initial U.S. declaration.....  PL 109-401 Sec 271....       204
      Revisions to initial U.S.      PL 109-401 Sec 272....       204
       declaration.
    Severability...................  PL 109-401 Sec 204....       196
  United States-India Peaceful       PL 109-401............       482
   Atomic Energy Cooperation Act of
   2006.
    Compliance with nuclear          PL 109-401 Sec 105....       496
     nonproliferation treaty
     obligations.
    Congressional approval.........  PL 109-401 Sec 104....       485
    Definitions....................  PL 109-401 Sec 110....       497
    Inoperability of determination   PL 109-401 Sec 106....       496
     and waivers.
    MTCR adherent status...........  PL 109-401 Sec 107....       496
    Policy statements..............  PL 109-401 Sec 103....       484
    Scientific cooperative nuclear   PL 109-401 Sec 109....       497
     nonproliferation program.
    Sense of Congress..............  PL 109-401 Sec 102....       482
    Waiver authority...............  PL 109-401 Sec 104....       485
  United States-Soviet negotiations  PL 99-145 Sec 1004....       714
   on reduction in nuclear arms,
   sense of Congress.
  Verification conducted with        PL 101-189 Sec 1002...       683
   regard to mobile ICBMs under
   START agreement, report.
  Verification of compliance with    PL 101-189 Sec 1010...       689
   agreements to limit testing,
   report.
  Warhead dismantlement and          PL 102-190 Sec 3141...       675
   material disposal.
 
 
                                    O
 
OAS. See Organization of American
 States
OECD. See Organization for Economic
 Cooperation and Development
Office of the United States
 Coordinator for the Prevention of
 Weapons of Mass Destruction
 Proliferation and Terrorism
  Annual report on strategic plan..  PL 110-53 Sec 1841(f).       188
  Consultation with Commission.....  PL 110-53 Sec 1841(e).       188
  Duties...........................  PL 110-53 Sec 1841(c).       186
  Establishment of.................  PL 110-53 Sec 1841(a).       185
  Officers.........................  PL 110-53 Sec 1841(b).       185
  Staff............................  PL 110-53 Sec 1841(d).       187
  United States-Russia cooperation   PL 110-53 Sec 1842....       188
   and coordination, sense of
   Congress.
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....       173
   Arabia and Kuwait.
  Congressional designation of       PL 102-229 Sec 202....       176
   emergency.
  Funds transfer...................  PL 102-229 Sec 108....       174
                                     PL 102-229 Sec 109....       175
  United States recognition of       PL 102-229 Sec 204....       176
   Ukrainian independence, sense of
   the Senate.
OPIC. See Overseas Private
 Investment Corporation
Organization for Economic
 Cooperation and Development
  Nuclear and radiological security  PL 108-136 Sec 3631...       212
   and safety discussions with IAEA.
Organization of American States
  Privileges to representatives of   PL 82-486.............       982
   member states.
Organization of Eastern Caribbean
 States
  Immunities, exemptions and         PL 79-291 Sec 11......       979
   privileges.
Overseas Private Investment
 Corporation
  Taiwan relations.................  PL 96-8 Sec 5.........       840
 
 
                                    P
 
Panama Canal
  Delegation of functions..........  EO 12215..............       922
    Agencies.......................  EO 12215 Sec 1-4......       924
    Coordination of pay and          EO 12215 Sec 1-2......       922
     employment practices.
    Panama Canal Commission........  EO 12215 Sec 1-3......       923
    Secretary of Defense...........  EO 12215 Sec 1-1......       922
Panama Canal Act of 1979...........  PL 96-70..............       855
  Accounting policies..............  PL 96-70 Sec 1311.....       895
  Audits...........................  PL 96-70 Sec 1313.....       895
  Board of Contract Appeals........  PL 96-70 Sec 3102.....       914
  Claims for injuries to persons or  PL 96-70 Sec 1401.....       902
   property.
  Congressional restraints on        PL 96-70 Sec 1344.....       901
   property transfer and tax
   expenditures.
  Definitions......................  PL 96-70 Sec 3........       858
  Disaster relief..................  PL 96-70 Sec 1343.....       900
  Interagency services.............  PL 96-70 Sec 1321.....       897
  Operating regulations............  PL 96-70 Sec 1801.....       912
  Panama Canal Board of Appeals
    Appeals to.....................  PL 96-70 Sec 1222.....       878
    Duties.........................  PL 96-70 Sec 1221.....       878
  Panama Canal Commission
    Administrator..................  PL 96-70 Sec 1103.....       864
    Ambassador's authority.........  PL 96-70 Sec 1110.....       867
    Code of conduct for personnel..  PL 96-70 Sec 1112.....       868
    Consultative committee.........  PL 96-70 Sec 1105.....       865
Panama Canal Act of 1979--Continued
  Panama Canal Commission--
   Continued
    Deputy administrator...........  PL 96-70 Sec 1104.....       865
    Establishment, purposes,         PL 96-70 Sec 1101.....       860
     offices and residence.
    General powers.................  PL 96-70 Sec 1102a....       862
    Joint Commission on the          PL 96-70 Sec 1106.....       865
     Environment.
    Joint sea level canal study      PL 96-70 Sec 1109.....       867
     committee.
    Office of Ombudsman............  PL 96-70 Sec 1113.....       869
    Panama Canal defense...........  PL 96-70 Sec 1108.....       866
    Security legislation...........  PL 96-70 Sec 1111.....       868
    Specific powers................  PL 96-70 Sec 1102b....       863
    Supervisory board..............  PL 96-70 Sec 1102.....       860
    Travel expenses................  PL 96-70 Sec 1107.....       866
  Panama Canal Commission personnel
    Air transportation.............  PL 96-70 Sec 1210.....       873
    Applicability of benefits......  PL 96-70 Sec 1209.....       872
    Appointment, compensation and    PL 96-70 Sec 1202.....       870
     duties.
    Benefits based on basic pay....  PL 96-70 Sec 1218.....       877
    Canal Zone Policy Coordinating   PL 96-70 Sec 1261.....       888
     Board.
    Compensation of uniformed        PL 96-70 Sec 1204.....       871
     services individuals.
    Deduction from basic pay for     PL 96-70 Sec 1205.....       872
     supplies or services.
    Definitions....................  PL 96-70 Sec 1201.....       870
                                     PL 96-70 Sec 1211.....       873
    Disability benefits              PL 96-70 Sec 1245.....       886
     administration.
    Employment standards...........  PL 96-70 Sec 1213.....       874
    Labor-management relations.....  PL 96-70 Sec 1271.....       888
    Law enforcement employees......  PL 96-70 Sec 1261.....       888
    Merit requirements.............  PL 96-70 Sec 1212.....       873
    Placement......................  PL 96-70 Sec 1232.....       882
    Privileges and immunities......  PL 96-70 Sec 1208.....       872
    Quarters allowance.............  PL 96-70 Sec 1217a....       876
    Recruitment and retention        PL 96-70 Sec 1217.....       875
     remuneration.
    Retirement under special treaty  PL 96-70 Sec 1243.....       884
     provisions.
    Review and adjustment of         PL 96-70 Sec 1220.....       878
     classifications, grades and
     pay level.
    Transfer of Federal employees..  PL 96-70 Sec 1203.....       871
    Transferred or reemployed        PL 96-70 Sec 1231.....       879
     employees.
    Transition separation incentive  PL 96-70 Sec 1233.....       882
     payments.
    Uniform application of           PL 96-70 Sec 1216.....       875
     standards and rates.
    United States Code               PL 96-70 Sec 1224.....       879
     applicability.
  Panama Canal Revolving Fund
    Borrowing authority............  PL 96-70 Sec 1304.....       893
    Dissolution of Commission......  PL 96-70 Sec 1305.....       893
    Emergency authority............  PL 96-70 Sec 1303.....       892
    Establishment of...............  PL 96-70 Sec 1302.....       890
    Printing.......................  PL 96-70 Sec 1306.....       894
  Payments to the Republic of        PL 96-70 Sec 1341.....       899
   Panama.
  Postal service...................  PL 96-70 Sec 1331.....       898
  Procurement regulations..........  PL 96-70 Sec 3101.....       913
  Public property
    Assets and liabilities of        PL 96-70 Sec 1501.....       907
     Panama Canal Company.
    Disposition of property of the   PL 96-70 Sec 1503.....       908
     United States.
    Transfer of property to Panama.  PL 96-70 Sec 1504.....       908
Panama Canal Act of 1979--Continued
  Public property--Continued
    Transfers and cross-servicing    PL 96-70 Sec 1502.....       907
     between agencies.
  Reimbursements...................  PL 96-70 Sec 1321.....       897
  Reports..........................  PL 96-70 Sec 3301.....       916
  Statement of purpose.............  PL 96-70 Sec 2........       858
  Tolls for use of Canal
    Bases of tolls.................  PL 96-70 Sec 1602.....       909
    Calculation of interest........  PL 96-70 Sec 1603.....       910
    Prescription of measurement      PL 96-70 Sec 1601.....       909
     rules and rates.
    Procedures.....................  PL 96-70 Sec 1604.....       911
  Transactions with the Republic of  PL 96-70 Sec 1342.....       900
   Panama.
  Vessel damage claims
    Actions on claims..............  PL 96-70 Sec 1416.....       905
    Board of Local Inspectors......  PL 96-70 Sec 1418.....       906
    Delays for which no              PL 96-70 Sec 1414.....       905
     responsibility is assumed.
    Injuries in locks..............  PL 96-70 Sec 1411.....       902
    Injuries outside locks.........  PL 96-70 Sec 1412.....       903
    Insurance......................  PL 96-70 Sec 1419.....       907
    Investigation of accident or     PL 96-70 Sec 1417.....       906
     injury.
    Measure of damages.............  PL 96-70 Sec 1413.....       904
    Settlement.....................  PL 96-70 Sec 1415.....       905
  Vessel inspection
    Foreign vessels................  PL 96-70 Sec 1812.....       913
    Regulations....................  PL 96-70 Sec 1813.....       913
    Vessels subject to inspection..  PL 96-70 Sec 1811.....       913
Panama Canal Commission              PL 100-705............       918
 Compensation Fund Act of 1988.
  Continuation of benefits.........  PL 100-705 Sec 6......       920
  Establishment of Fund............  PL 100-705 Sec 2......       918
  Final evaluation of the Fund.....  PL 100-705 Sec 5......       919
  Operation of Fund................  PL 100-705 Sec 3......       918
  Transfers from the Fund for        PL 100-705 Sec 4......       919
   compensation benefits.
Panama Canal Reauthorization
  Report to Congress...............  PL 100-203 Sec 5418...       921
Partnership for Peace Information
 Management System
  Funding..........................  PL 104-208 Sec 608....       828
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...       132
   exercises with Russia.
  Middle East
    U.S. payments authorization....  PL 94-37..............       969
  Reform certification requirements  PL 106-113 Sec 931....       954
  Restriction on U.S. participation  PL 107-206 Sec 2005...       788
   in certain U.N. operations.
  U.S. financial contributions.....  PL 79-264 Sec 4.......       930
People's Republic of China
  Adherence to MTCR................  PL 106-65 Sec 1401....       587
  Diplomatic privileges to the       PL 93-22..............       984
   Liaison Office.
  End-use verification for use of    PL 106-65 Sec 1407....       591
   high-performance computers.
  Exporting high-performance         PL 106-65 Sec 1406....       591
   computers to, report.
  Joint Defense Conversion           PL 104-201 Sec 1307...       631
   Commission with United States.
  Military capabilities, report....  PL 104-201 Sec 1305...       627
People's Republic of China--
 Continued
  Nonproliferation provisions
    Prohibition on procurements      PL 109-163 Sec 1211...       550
     from military companies.
  Satellite export controls, report  PL 105-261 Sec 1515...       605
  Security risks of participation    PL 110-417 Sec 1233...       532
   by defense contractors in space
   activities.
  Technology transmitted to, report  PL 106-65 Sec 1405....       591
  Weapons proliferation and          PL 104-201 Sec 1306...       628
   policies, report.
Permanent Observer Mission of the
 Holy See to the United Nations
  Diplomatic privileges............  PL 109-472 Sec 7......       987
Presidential Special                 PL 87-297 Sec 201.....         9
 Representatives.
Proliferation Prevention             PL 106-113............       257
 Enhancement Act of 1999.
  Automated Export System
    Definitions....................  PL 106-113 Sec 1256...       260
    Department of State licensing    PL 106-113 Sec 1255...       259
     procedures acceleration.
    Mandatory use..................  PL 106-113 Sec 1252...       258
    Report to Congress.............  PL 106-113 Sec 1254...       259
    Voluntary use, sense of          PL 106-113 Sec 1253...       259
     Congress.
Proliferation Security Initiative
  Improvements and authorities.....  PL 110-53 Sec 1821....       181
Protection and Prevention of Crimes  18 USC................       988
 Against Internationally Protected
 Persons.
  Conspiracy to murder.............  18 USC Sec 1117.......       993
  Kidnapping.......................  18 USC Sec 1201.......       993
  Murder or manslaughter...........  18 USC Sec 1116.......       991
  Property occupied by foreign       18 USC Sec 970........       990
   governments.
  Protection of foreign officials    18 USC Sec 112........       988
   and official guests.
  Threats and extortion............  18 USC Sec 878........       990
 
 
                                    R
 
Radar, Krasnoyarsk
  Findings and sense of Congress...  PL 100-180 Sec 902....       702
                                     PL 101-189 Sec 1006...       686
Radiological weapons. See also Arms
 control
  Emergency preparedness testing...  PL 104-201 Sec 1415...       313
  High-yield explosives response     PL 104-201 Sec 1414...       313
   team.
Reagan National Defense
 Authorization Act, FY 2005. See
 Cooperative Threat Reduction, FY
 2005; National Defense
 Authorization Act, FY 2005
Red Cross, International Committee
 of the
  Immunities, exemptions and         PL 79-291 Sec 13......       980
   privileges.
Refugees
  International mine clearing        PL 102-484 Sec 1364...       669
   efforts, report.
Regional Airspace Initiative
  Funding..........................  PL 104-208 Sec 608....       828
Reports to Congress
  American Institute of Taiwan.....  PL 96-8 Sec 12........       844
  Arms control
    Activities and assistance......  PL 106-398 Sec 1308...        98
    Advisory panel to assess         PL 105-261 Sec 1405(h)       298
     domestic response capabilities.
    Annual review of IAEA projects.  PL 107-228 Sec 1343...       232
    Appropriations request summary   PL 105-261 Sec 1307...       115
     submission requirement.
    Assistance to Russia for         PL 103-160 Sec 1612(d)       662
     construction of plutonium
     storage facility.
Reports to Congress--Continued
  Arms control--Continued
    Audits.........................  PL 106-398 Sec 1311...       102
    Automated Export System          PL 106-113 Sec 1254...       259
     mandatory use.
    Ballistic missile defense        PL 105-277 Sec 2705(d)       821
     restrictions and requirements.
    Biological weapons programs in   PL 105-261 Sec 1308...       116
     Russia.
    Chemical Weapons Convention      PL 107-228 Sec 1605(b)       237
     compliance.
    Chemical weapons destruction at  PL 110-181 Sec 1307...        55
     Shchuch'ye, Russia.
    China weapons proliferation....  EO 12851 Sec 4........       363
    Collaborative measures to        PL 108-375 Sec 1214...       555
     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(b)       552
     Russian nonstrategic nuclear
     weapons.
    Comprehensive preparedness       PL 104-201 Sec 1443(c)       322
     program.
    Contributions of foreign         PL 104-293 Sec 722....       306
     persons to weapons of mass
     destruction and delivery
     systems efforts of countries
     of concern.
    Counterproliferation activities  PL 103-337 Sec 1503...       644
     and programs.
    Crisis stability and control     PL 99-93 Sec 706(b)...        45
     study.
    Defense industries conversion..  PL 101-216 Sec 106....        40
    Demarches......................  PL 103-236 Sec 828(b).       330
    Department of Energy             PL 106-398 Sec 3173...       585
     nonproliferation monitoring.
    Department of Energy             PL 95-238 Sec 203.....       403
     requirements.
                                     PL 95-238 Sec 208.....       403
    Detailing U.S. governmental      PL 107-228 Sec 1603(b)       235
     personnel to international
     organizations.
    Determinations regarding use of  PL 102-182 Sec 306(b).       352
     chemical or biological weapons.
    Domestic preparedness for        PL 105-261 Sec 1402(b)       297
     response to threats of use of
     weapons of mass destruction.
    Elimination of Russian           PL 106-398 Sec 1309(b)       102
     stockpile.
    Enhancing nuclear forensics      PL 110-417 Sec 3114(c)       535
     capabilities.
    Expanded Threat Reduction        PL 106-65 Sec 1309....       108
     Initiative.
    Foreign launch security          PL 106-65 Sec 1405....       591
     violations.
    Former Soviet Union and Eastern  PL 102-484 Sec 1321(c)       668
     Europe nuclear weapons
     reduction.
    Funding allocations............  PL 110-417 Sec 1302...        48
                                     PL 106-398 Sec 1302(b)        96
                                     PL 107-107 Sec 1302(b)        91
                                     PL 108-136 Sec 1302(b)        73
                                     PL 108-375 Sec 1302(b)        70
                                     PL 109-163 Sec 1302(b)        66
                                     PL 109-364 Sec 1302(b)        62
                                     PL 110-181 Sec 1302(b)        53
                                     PL 107-314 Sec 1302(c)        83
    Funds use limitation for         PL 106-398 Sec 1307(b)        97
     construction of fossil fuel
     energy plants.
    Funds use prohibition until      PL 104-201 Sec 1504...       127
     report submission.
Reports to Congress--Continued
  Arms control--Continued
    Funds use prohibition until
     report submission--Continued
                                     PL 105-85 Sec 1405....       121
                                     PL 105-85 Sec 1407....       122
                                     PL 105-85 Sec 1408....       122
                                     PL 106-65 Sec 1306....       107
                                     PL 107-107 Sec 1303...        92
                                     PL 107-314 Sec 1303...        84
    Global initiatives for           PL 110-417 Sec 3116(b)       536
     proliferation prevention
     program.
    Individuals with expertise in    PL 105-261 Sec 1309...       117
     weapons of mass destruction
     programs.
    Inspector General..............  PL 100-213 Sec 6......        42
    International nonproliferation   PL 102-484 Sec 1505(e)       343
     initiative.
    International Nuclear Materials  PL 109-364 Sec 3114(e)       548
     Protection and Cooperation
     program contributions
     utilization.
    International security for       PL 107-314 Sec 3158...       571
     nuclear materials and
     operations.
    International Space Station      PL 106-178 Sec 6(i)...       247
     payments.
    Iran, North Korea and Syria      PL 106-178 Sec 2......       239
     nonproliferation.
    Iran-Iraq nonproliferation.....  PL 102-484 Sec 1607...       347
    Iran nuclear proliferation       PL 107-228 Sec 1344...       233
     prevention.
    Iran's capability to produce     PL 110-417 Sec 1234...       534
     nuclear weapons.
    Iraq acquisition of advanced     PL 108-136 Sec 1204...       563
     weapons.
    Limited waiver of restrictions   PL 107-314 Sec 1306(b)        85
     on use of funds.
    Military assistance to civilian  PL 104-201 Sec 1416(e)       315
     law enforcement officials in
     emergency situations involving
     biological or chemical weapons.
    Missile proliferation sanctions  EO 12851 Sec 2(c).....       363
    National Academy of Sciences     PL 109-364 Sec 1304...        63
     biological weapons
     proliferation prevention study.
                                     PL 110-181 Sec 1308...        56
    National Academy of Sciences     PL 110-181 Sec 1306(b)        55
     study.
    Negotiating records............  PL 103-236 Sec 713(b).        38
    Nonproliferation activities of   PL 102-484 Sec 1503...       338
     Department of Defense and
     Department of Energy.
    Nonproliferation and             PL 103-160 Sec 1606...       658
     counterproliferation
     activities and programs.
    Nonproliferation and             PL 102-511 Sec 508(b).       155
     disarmament activities.
    Nonproliferation assistance      PL 107-228 Sec 1339(a)       231
     coordination.
    Nonstrategic nuclear weapons...  PL 109-163 Sec 1212...       551
    North Korea nonproliferation     PL 109-364 Sec 1211...       546
     policy.
    Nuclear Cities Initiative......  PL 107-107 Sec 3132...       578
    Nuclear material export          PL 83-703 Sec 134(b)..       462
     restrictions.
    Nuclear material international   PL 83-703 Sec 130.....       451
     agreements.
    Nuclear Materials Protection,    PL 106-398 Sec 3171...       581
     Control and Accounting Program
     status.
    Nuclear nonproliferation.......  PL 95-242 Sec 601.....       393
Reports to Congress--Continued
  Arms control--Continued
    Nuclear nonproliferation--
     Continued
                                     PL 95-242 Sec 602.....       395
                                     PL 103-236 Sec 843....       334
                                     PL 106-113 Sec 1134...       255
    Nuclear nonproliferation         PL 95-242 Sec 503.....       393
     assistance to developing
     countries.
    Nuclear terrorism prevention...  PL 110-181 Sec 3134...       542
    Nuclear weapons................  PL 110-417 Sec 1044(c)       531
    Obligation of funds prior        PL 103-160 Sec 1206...       147
     notice.
                                     PL 104-106 Sec 1205...       132
    Offensive warfare program of     PL 103-337 Sec 1207...       137
     the former Soviet Union.
    On-site inspection agency......  PL 100-456 Sec 909....       698
    Payment of taxes, duties, and    PL 105-85 Sec 1409....       123
     other assessments on
     assistance, report.
    People's Republic of China       PL 106-65 Sec 1401(b).       587
     adherence to MTCR.
    Policy and actions.............  PL 87-297 Sec 403.....        21
    Policy implications............  PL 100-180 Sec 906....       706
    Procurement sanction on persons  PL 103-236 Sec 821(b).       325
     engaging in export activities
     that contribute to
     proliferation.
    Prohibition on assisting         PL 103-236 Sec 824(e).       329
     proliferation through the
     provision of financing.
    Proliferation of missiles and    PL 107-228 Sec 1308...       217
     essential components of
     nuclear, biological, chemical
     and radiological weapons.
    Reduction of excessive           PL 108-136 Sec 3122...       564
     unobligated or unexpended
     balances for defense nuclear
     nonproliferation activities.
    Removal or security of fissile   PL 108-375 Sec 3132(d)       557
     materials, radiological
     materials, and related
     equipment at vulnerable sites.
    Report submission requirement..  PL 106-65 Sec 1308....       108
    Republic of Korea,               PL 109-364 Sec 1212...       546
     participation of multinational
     partners in the United Nations
     Command.
    Research and development         PL 103-236 Sec 711....        38
     coordination.
    Response to increased missile    PL 105-261 Sec 1533...       610
     threat in Asia-Pacific region.
    Response to threats of           PL 104-201 Sec 1411(b)       312
     terrorist incidents.
    Revitalization of ACDA.........  PL 103-236 Sec 717....        38
    Russian Federation debt          PL 107-228 Sec 1321...       227
     reduction for nonproliferation.
    Russian nonstrategic nuclear     PL 105-261 Sec 1504...       600
     weapons.
    Russian Plutonium Disposition    PL 109-364 Sec 3114(e)       548
     program contributions
     utilization.
    Russian proliferation to Iran    PL 107-314 Sec 1206...       569
     and other countries of concern.
    Russian strategic missile        PL 105-85 Sec 1301....       612
     detargeting.
    Sanctions against use of         PL 102-182 Sec 307(d).       356
     chemical or biological weapons.
    Secretary of Defense report....  PL 110-181 Sec 1306(c)        55
    Security risks of participation  PL 110-417 Sec 1233(d)       533
     by defense contractors in
     space activities of People's
     Republic of China.
Reports to Congress--Continued
  Arms control--Continued
    South Asia nuclear and missile   PL 107-228 Sec 1601(c)       235
     nonproliferation.
    Soviet compliance with           PL 98-525 Sec 1106....       718
     agreements.
    Soviet Union Compliance with     PL 100-180 Sec 903....       703
     Threshold Test Ban Treaty.
    Special nuclear materials of     PL 102-511 Sec 510....       158
     the former Soviet Union.
    Standing Consultative            PL 100-213 Sec 3(c)...        41
     Commission.
    START and START II Treaties      PL 106-113 Sec 1114...        33
     monitoring.
    Strategic arms reduction talks   PL 101-510 Sec 1443...       679
     agreement.
    Strategic nuclear warhead        PL 108-136 Sec 1033...       562
     dismantling.
    Strategic stability under START  PL 106-65 Sec 1503....       597
     III.
    Studies compilation............  PL 87-297 Sec 308.....        16
    Technology acquisition relating  PL 104-293 Sec 721....       305
     to weapons of mass destruction
     and advanced conventional
     munitions.
    Transfers of militarily          PL 106-65 Sec 1402....       588
     sensitive technology to
     countries of concern.
    Transmission of classified       PL 105-261 Sec 1502...       599
     summaries.
    Trial investigations and trial   PL 106-113 Sec 1124(d)       253
     visits.
    U.S. counterforce capability...  PL 98-525 Sec 1105....       717
    U.S. policy at the Nuclear       PL 110-369 Sec 204(c).       481
     Suppliers Group to strengthen
     international nuclear
     nonproliferation regime.
    United States-India Peaceful     PL 109-401 Sec 104(g).       491
     Atomic Energy Cooperation Act
     of 2006.
    Uranium enrichment capacity....  PL 95-242 Sec 103.....       383
    Verification capabilities study  PL 99-145 Sec 1003....       713
    Verification policy and          PL 100-456 Sec 910....       699
     research and development
     activities coordination.
    Weapons-grade uranium and        PL 108-136 Sec 3123...       564
     plutonium of the former Soviet
     Union.
    Weapons of mass destruction
      Commission on the Prevention   PL 110-53 Sec 1857....       192
       of Weapons of Mass
       Destruction Proliferation
       and Terrorism.
      Content of reports on U.S.     PL 109-401 Sec 273....       204
       declarations to the IAEA.
      Control and accountability of  PL 103-337 Sec 1204...       136
       materials.
      Efforts to promote             PL 109-401 Sec 274....       205
       implementation of additional
       protocols.
      IAEA notifications...........  PL 109-401 Sec 275....       205
      Initial U.S. declaration to    PL 109-401 Sec 271....       204
       the IAEA.
      Office of the United States    PL 110-53 Sec 1841(f).       188
       Coordinator for the
       Prevention of Weapons of
       Mass Destruction
       Proliferation and Terrorism
       strategic plan.
      Proliferation Security         PL 110-53 Sec 1821....       181
       Initiative improvements and
       authorities.
      Revisions to initial U.S.      PL 109-401 Sec 272....       204
       declaration to the IAEA.
  Ballistic missile defense          PL 101-189 Sec 1004...       684
   systems, capabilities of United
   States and Soviet Union to
   produce and deploy.
  Chairman of the Joint Chiefs of    PL 99-661 Sec 1003....       708
   Staff on U.S. non-compliance
   with strategic arms agreements.
Reports to Congress--Continued
  Chemical Weapons Convention
    Inspections....................  PL 105-277 Sec 309....       287
    United States National           PL 105-277 Sec 401....       288
     Authority requirements.
  Commission to Assess the           PL 104-201 Sec 1323...       635
   Ballistic Missile Threat to the
   United States.
  Compliance with existing           PL 99-145 Sec 1001(b).       712
   strategic offensive arms
   agreements policy.
  Diplomatic and consular missions,  PL 99-93 Sec 136......      1016
   Soviet employees at United
   States missions in the Soviet
   Union.
  Elimination of impediments to      PL 109-163 Sec 1304...        67
   programs.
  Emergency communications           PL 105-261 Sec 1503...       600
   capabilities between United
   States and Russia.
  Export control violations by       PL 106-65 Sec 1412....       595
   satellite manufacturers.
  Federal Bureau of Investigation
    Chemical Weapons Convention      PL 106-113 Sec 1117(b)        34
     Implementation Act
     implementation.
  Haiti
    Human rights...................  PL 103-423 Sec 4......       769
    U.S. agreements................  PL 103-423 Sec 5......       769
    U.S. policy....................  PL 103-423 Sec 3......       768
  Intercountry adoption............  PL 106-279 Sec 104....      1021
  International mine clearing        PL 102-484 Sec 1364...       669
   efforts in refugee situations.
  International Nonproliferation     PL 102-511 Sec 509(e).       157
   Initiative.
  Iraq
    Authorization for use of         PL 102-1 Sec 3........       771
     military force.
    Use of military force against..  PL 107-243 Sec 4......       744
  Middle East
    Multinational Force and          PL 97-132 Sec 6.......       801
     Observers participation.
  Military commissions.............  PL 109-366 Sec 3......       750
  Military consequences of           PL 100-180 Sec 905....       705
   elimination of ballistic
   missiles.
  MTCR.............................  PL 100-180 Sec 901....       701
  Moratorium on antipersonnel        PL 104-106 Sec 1402...       637
   landmines use by Armed Forces.
                                     PL 105-85 Sec 1309....       622
  Multinational force in Lebanon...  PL 98-119 Sec 4.......       777
  National emergencies.............  PL 94-412 Sec 401.....       736
  NATO participation...............  PL 103-447 Sec 205....       834
  Negotiations with the Soviet       PL 101-189 Sec 1009...       688
   Union regarding limitations on
   anti-satellite capabilities.
  Nuclear export requirement.......  PL 105-261 Sec 1523...       608
  Nuclear security initiative
    Comprehensive inventory of       PL 108-136 Sec 3621(b)       211
     Russian tactical weapons.
    Management assessment of threat  PL 108-136 Sec 3611(c)        80
     reduction and nonproliferation
     programs.
                                     ......................       210
    Nuclear and radiological         PL 108-136 Sec 3631...       212
     security and safety
     discussions between IAEA and
     OECD.
    United States and NATO           PL 108-136 Sec 3623...       211
     cooperation with Russia on
     ballistic missile defenses.
  Nuclear weapons
    Accidental launch protection...  PL 101-189 Sec 1005(c)       686
    Alternative strategic nuclear    PL 100-456 Sec 908....       697
     force for the United States
     under potential START Treaty.
Reports to Congress--Continued
  Nuclear weapons--Continued
    Nuclear winter findings and      PL 98-525 Sec 1107....       718
     policy implications.
                                     PL 99-145 Sec 1006....       714
    Risk reduction measures........  PL 101-510 Sec 1441(c)       678
    Security issues................  PL 102-190 Sec 3142...       676
    Strategic arms reduction         PL 101-189 Sec 1001...       592
     agreement effect on Trident
     program.
    Strategic nuclear submarine      PL 98-525 Sec 1101....       716
     force.
    Tactical nuclear warheads        PL 98-525 Sec 1104....       717
     withdrawal from Europe.
    Testing and test ban readiness   PL 102-190 Sec 3140...       675
     program negotiation resumption.
    Theater nuclear weapons and      PL 98-525 Sec 1103....       716
     force structure.
    Verification conducted with      PL 101-189 Sec 1002...       683
     regard to mobile ICBMs under
     START agreement.
    Verification of compliance with  PL 101-189 Sec 1010...       689
     agreements to limit testing.
    War Powers Resolution..........  PL 93-148 Sec 4.......       728
  Panama Canal reauthorization.....  PL 100-203 Sec 5418...       921
  Panama Canal Treaty..............  PL 96-70 Sec 3301.....       916
  People's Republic of China
    Exporting high-performance       PL 106-65 Sec 1406....       591
     computers to.
    Military capabilities..........  PL 104-201 Sec 1305...       627
    Satellite export controls......  PL 105-261 Sec 1515...       605
    Technology transmitted to......  PL 106-65 Sec 1405....       591
    Weapons proliferation and        PL 104-201 Sec 1306...       628
     policies.
  Satellites
    Survivability..................  PL 101-189 Sec 1008...       687
    Technology safeguards..........  PL 106-65 Sec 1409....       592
    United States Munitions List     PL 105-261 Sec 1513...       602
     export controls.
  Somalia
    Involvement of United States     PL 103-160 Sec 1512...       774
     Armed Forces.
  Soviet weapons destruction
    Emergency airlift authorization  PL 102-228 Sec 301....       169
    Prior notice of obligations....  PL 102-228 Sec 231....       169
  Space nuclear reactors effect on   PL 101-189 Sec 1012...       690
   gamma-ray astronomy missions.
  United Nations
    Financial contributions to.....  PL 79-264 Sec 4.......       930
  War Powers Resolution............  PL 93-148 Sec 4.......       728
Republic of Panama. See Panama
 Canal Act of 1979
Riot control agents
  Renunciation of war use..........  EO 11850..............       359
Ronald W. Reagan National Defense
 Authorization Act, FY 2005. See
 Cooperative Threat Reduction, FY
 2005; National Defense
 Authorization Act, FY 2005
Russia
  Assistance for construction of     PL 103-160 Sec 1612...       662
   plutonium storage facility.
  Department of Energy National
   Security Programs
    Elimination of weapons grade     PL 107-314 Sec 3151...        86
     plutonium production.
  Emergency communications           PL 105-261 Sec 1503...       600
   capabilities with United States,
   report.
  Nonstrategic nuclear weapons.....  PL 105-261 Sec 1504...       600
  START Treaty
    Monitoring issues, report......  PL 106-113 Sec 1114...        33
  Strategic missile detargeting,     PL 105-85 Sec 1301....       612
   report.
Russian Federation
  Blocking property of the           EO 13159..............       373
   government related to
   disposition of highly enriched
   uranium extracted from nuclear
   weapons.
  Collaborative measures to reduce   PL 108-375 Sec 1214...       555
   the risks of a nuclear weapons
   launch, report.
  Comprehensive inventory of         PL 109-163 Sec 3115...       551
   nonstrategic nuclear weapons,
   report.
  Joint Data Exchange Center         PL 107-107 Sec 1202...       574
   funding limitation.
  Nuclear nonproliferation           PL 108-375 Sec 3134...       560
   fellowships for scientists.
  Nuclear security initiative
    Comprehensive inventory of       PL 108-136 Sec 3621...       211
     tactical weapons.
    Enhanced collaboration for more  PL 108-136 Sec 3624...       212
     reliable Russian early warning
     systems, sense of Congress.
    Interparliamentary Threat        PL 108-136 Sec 3622...       211
     Reduction Working Group
     establishment.
    U.S. and NATO cooperation on     PL 108-136 Sec 3623...       211
     ballistic missile defenses,
     sense of Congress.
  Proliferation to Iran and other    PL 107-314 Sec 1206...       569
   countries of concern, report.
  Weapons of mass destruction
   proliferation prevention
    United States-Russia             PL 110-53 Sec 1842....       188
     cooperation and coordination,
     sense of Congress.
Russian Federation Debt Reduction    PL 107-228............       221
 for Nonproliferation Act of 2002.
  Center for an Independent Press    PL 107-228 Sec 1316...       226
   and the Rule of Law
   establishment.
  Congressional consultations......  PL 107-228 Sec 1320...       227
  Debt reduction authority           PL 107-228 Sec 1317...       226
   restriction.
  Debt reduction with other          PL 107-228 Sec 1318...       227
   creditor states, sense of
   Congress.
  Definitions......................  PL 107-228 Sec 1313...       223
  Findings.........................  PL 107-228 Sec 1312(a)       221
  Purposes.........................  PL 107-228 Sec 1312(b)       223
  Reduction of Soviet-era debt       PL 107-228 Sec 1314...       224
   obligations to the United States
   authorization.
  Reports to Congress..............  PL 107-228 Sec 1321...       227
  Russian Federation                 PL 107-228 Sec 1315...       225
   Nonproliferation Investment
   Agreement.
  U.S. policy implementation, sense  PL 107-228 Sec 1319...       227
   of Congress.
Russian Plutonium Disposition
 program
  Contributions utilization........  PL 109-364 Sec 3114...       548
 
 
                                    S
 
SALT II Treaty. See Strategic Arms
 Limitation Treaty
Satellites
  Export controls
    Certification of missile         PL 105-261 Sec 1512...       602
     equipment or technology to
     China.
    Licensing......................  PL 106-65 Sec 1404....       590
    National security controls on    PL 105-261 Sec 1514...       603
     licensing.
    People's Republic of China       PL 105-261 Sec 1515...       605
     launching, report.
Satellites--Continued
  Export controls--Continued
    Related items defined..........  PL 105-261 Sec 1516...       606
    Sense of Congress..............  PL 105-261 Sec 1511...       601
    United States Munitions List...  PL 105-261 Sec 1513...       602
    Violations by manufacturers....  PL 106-65 Sec 1412....       595
  License applications, enhanced     PL 106-65 Sec 1411....       594
   intelligence consultation.
  Licensing decisions for            PL 106-65 Sec 1410....       594
   commercial launch, timely
   notification by the Department
   of State.
  Negotiations with the Soviet       PL 101-189 Sec 1009...       688
   Union regarding limitations on
   anti-satellite capabilities,
   report.
  Survivability, report............  PL 101-189 Sec 1008...       687
Saudi Arabia
  Arms sales restriction...........  PL 102-229 Sec 104....       173
Scholars. See Visiting scholars
 program
Secretary of Defense. See also
 Defense, Department of
  Cooperative threat reduction       PL 110-181 Sec 1306(c)        55
   report.
  Detention, treatment and trial of
   certain non-citizens in the war
   against terrorism
    Authorities....................  Mil Ord Nov. 13, 2001        762
                                      Sec 6.
    Detention authority............  Mil Ord Nov. 13, 2001        760
                                      Sec 3.
    Obligation of other agencies to  Mil Ord Nov. 13, 2001        761
     assist.                          Sec 5.
    Trials authority...............  Mil Ord Nov. 13, 2001        761
                                      Sec 4.
  Panama Canal responsibilities....  EO 12215 Sec 1-1......       922
Secretary of State. See also State,
 Department of
  Assistant Secretaries of State
    Arms control verification and    PL 106-113 Sec 1112...        32
     compliance.
  Intercountry adoption
    Oversight of accreditation or    PL 106-279 Sec 204....      1027
     approval.
    Responsibilities...............  PL 106-279 Sec 102....      1019
Security
  Controls on satellite export       PL 105-261 Sec 1514...       603
   licensing.
  Detection equipment procurement    PL 104-201 Sec 1421...       317
   for U.S. border security.
  Exports
    High-performance computers to    PL 106-65 Sec 1406....       591
     People's Republic of China,
     report.
    Release of information by        PL 105-261 Sec 1522...       608
     Department of Commerce to
     other agencies.
  Haiti
    Presidential statement of        PL 103-423 Sec 2......       767
     objectives.
  Prohibition on transfer of         PL 107-206 Sec 2006...       789
   classified national security
   information to the International
   Criminal Court.
  Southeast Asia
    Tonkin Gulf Resolution.........  PL 88-408.............       806
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...        28
  Personnel appropriations.........  PL 107-228 Sec 1101(b)        28
  Verification and compliance        PL 107-228 Sec 1101(a)        28
   appropriations.
Sensitive Compartmented Information
 Facility
  Verification and compliance        PL 107-228 Sec 1101(a)        28
   appropriations.
Servicemembers' Protection Act of    PL 107-206............       783
 2002.
  Alliance command arrangements....  PL 107-206 Sec 2009...       791
  Assistance to international        PL 107-206 Sec 2015...       794
   efforts.
  Authority to free members of the   PL 107-206 Sec 2008...       790
   United States Armed Forces
   detained or imprisoned by the
   International Criminal Court.
  Constitutional authorities         PL 107-206 Sec 2011...       791
   exercise.
  Cooperation with the               PL 107-206 Sec 2004...       787
   International Criminal Court
   prohibition.
  Definitions......................  PL 107-206 Sec 2013...       792
  Findings.........................  PL 107-206 Sec 2002...       783
  Nondelegation....................  PL 107-206 Sec 2012...       792
  Prohibition on transfer of         PL 107-206 Sec 2006...       789
   classified national security
   information to the International
   Criminal Court.
  Restriction on U.S. participation  PL 107-206 Sec 2005...       788
   in certain U.N. peacekeeping
   operations.
  Waiver and termination of          PL 107-206 Sec 2003...       785
   prohibitions.
  Withholdings.....................  PL 107-206 Sec 2010...       791
Silk Road Initiative
  Defined..........................  PL 108-375 Sec 3133(b)       560
  Funding..........................  PL 108-375 Sec 3133(c)       560
  Program authorization............  PL 108-375 Sec 3133(a)       559
Sinai
  Implementing the U.S. Proposal     PL 94-110.............       804
   for the Early-Warning System in
   Sinai.
Somalia
  Authorization for use of military  PL 103-139 Sec 8151...       772
   force.
  Involvement of United States       PL 103-160 Sec 1512...       774
   Armed Forces policy.
South Asia
  Nuclear and missile                PL 107-228 Sec 1601...       234
   nonproliferation.
  Nuclear tests, sense of Congress.  PL 105-261 Sec 1532...       609
Southeast Asia
  Tonkin Gulf Resolution...........  PL 88-408.............       806
Soviet Nuclear Threat Reduction Act  PL 102-228............       166
 of 1991.
  Weapons destruction
    Administration of program......  PL 102-228 Sec 221....       167
    Authorization of program.......  PL 102-228 Sec 212....       167
    Dire emergency supplemental      PL 102-228 Sec 223....       169
     appropriations.
    Emergency airlift authorization  PL 102-228 Sec 301....       169
    Prior notice of obligations to   PL 102-228 Sec 231....       169
     Congress.
    Repayment arrangements.........  PL 102-228 Sec 222....       168
    Reporting requirements.........  PL 102-228 Sec 302....       171
Soviet Nuclear Threat Reduction      PL 102-229............       173
 Appropriations, FY 1992.
  Arms sales restriction to Saudi    PL 102-229 Sec 104....       173
   Arabia and Kuwait.
  Congressional designation of       PL 102-229 Sec 202....       176
   emergency.
  Funds transfer...................  PL 102-229 Sec 108....       174
                                     PL 102-229 Sec 109....       175
  United States recognition of       PL 102-229 Sec 204....       176
   Ukrainian independence, sense of
   the Senate.
Soviet Union. See also States of
 the former Soviet Union
  Ballistic missile defense          PL 101-189 Sec 1004...       684
   systems, capability to produce
   and deploy, report.
  Compliance with arms control       PL 98-525 Sec 1106....       718
   agreements, report.
  Compliance with Threshold Test     PL 100-180 Sec 903....       703
   Ban Treaty, report.
Space science
  International Space Station
    Restriction on extraordinary     PL 106-178 Sec 6......       244
     payments.
Space science--Continued
  Proliferation of space launch      PL 103-160 Sec 1614...       664
   vehicle technologies, sense of
   Congress.
  Security risks of participation    PL 110-417 Sec 1233...       532
   by defense contractors in
   activities of People's Republic
   of China.
  Space nuclear reactors effect on   PL 101-189 Sec 1012...       690
   gamma-ray astronomy missions,
   report.
Special Representatives of the       PL 87-297 Sec 201.....         9
 President.
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....       697
   force for the United States.
  Effect on Trident program, report  PL 101-189 Sec 1001...       682
  Funds use limitation.............  PL 105-85 Sec 1404....       121
  Modernization....................  PL 101-510 Sec 1442...       679
  Monitoring issues, report........  PL 106-113 Sec 1114...        33
  Ratification, sense of Congress..  PL 104-106 Sec 1406...       640
  Sense of Congress................  PL 100-456 Sec 902....       695
                                     PL 101-189 Sec 1003...       683
  Strategic nuclear delivery         PL 104-106 Sec 1404...       638
   systems, limitation on
   retirement or dismantlement.
                                     PL 104-201 Sec 1302...       625
                                     PL 105-85 Sec 1302....       613
  Strategic stability under START    PL 106-65 Sec 1503....       597
   III, report.
  Verification conducted with        PL 101-189 Sec 1002...       683
   regard to mobile ICBMs, report.
State, Department of. See also
 Department of State Authorization
 Act, FY 2003; Secretary of State
  Authorization for communication    EO 11057..............       526
   of restricted Atomic Energy
   Commission data.
  Chemical Weapons Convention        EO 13128..............       371
   implementation.
  Defense trade control licensing    PL 106-113 Sec 1255...       259
   procedures acceleration.
  Licensing decisions for            PL 106-65 Sec 1410....       594
   commercial satellite launch,
   timely notification of.
States of the former Soviet Union.
 See also Soviet Union
  Cooperative threat reduction
    Activities and assistance,       PL 106-398 Sec 1308...        98
     reports.
    Appropriate congressional        PL 103-160 Sec 1208...       147
     committees defined.
    Appropriations request summary   PL 105-261 Sec 1307...       115
     submission requirement.
    Audits, report.................  PL 106-398 Sec 1311...       102
    Authorization for additional FY  PL 103-160 Sec 1209...       148
     1993 assistance.
    Biological research              PL 108-136 Sec 1304...        75
     restrictions.
    Biological weapons programs in   PL 105-261 Sec 1308...       116
     Russia, report.
    Biological weapons               PL 110-181 Sec 1308...        56
     proliferation prevention,
     National Academy of Sciences
     study.
    Certification on use of          PL 108-136 Sec 1307...        77
     facilities.
    Chemical weapons destruction at  PL 110-181 Sec 1307...        55
     Shchuch'ye, Russia, report.
    Chemical weapons destruction
     facility
      Funds use limitation.........  PL 104-106 Sec 1209...       134
      In Russia, funding limitation  PL 108-136 Sec 1306...        77
       waiver.
States of the former Soviet Union--
 Continued
  Cooperative threat reduction--
   Continued
    Chemical weapons elimination...  PL 106-398 Sec 1309...       101
    Cooperative counter              PL 105-261 Sec 1306...       114
     proliferation program.
    Demilitarization Enterprise      PL 103-160 Sec 1204...       145
     Fund.
    Elimination of impediments to    PL 109-163 Sec 1304...        67
     programs, report.
    Expanded Threat Reduction        PL 106-65 Sec 1309....       108
     Initiative, report.
    Findings.......................  PL 103-160 Sec 1202...       143
    Funding allocations............  PL 104-106 Sec 1202...       130
                                     PL 104-201 Sec 1502...       126
                                     PL 105-85 Sec 1402....       119
                                     PL 105-261 Sec 1302...       111
                                     PL 106-65 Sec 1302....       105
                                     PL 106-398 Sec 1302...        95
                                     PL 107-107 Sec 1302...        90
                                     PL 107-314 Sec 1302...        82
                                     PL 108-136 Sec 1302...        73
                                     PL 108-375 Sec 1302...        70
                                     PL 109-163 Sec 1302...        66
                                     PL 109-364 Sec 1302...        62
                                     PL 110-181 Sec 1302...        52
                                     PL 110-417 Sec 1302...        48
    Funding authorization, FY 1994.  PL 103-160 Sec 1205...       146
    Funding limitations............  PL 103-337 Sec 1206...       136
    Funds availability.............  PL 104-201 Sec 1505...       128
    Funds obligation, prior notice   PL 103-160 Sec 1206...       147
     to Congress requirement.
                                     PL 104-106 Sec 1205...       132
    Funds use authority............  PL 108-136 Sec 1308...        78
    Funds use limitation
      Biological weapons             PL 105-261 Sec 1305...       113
       proliferation prevention.
      Chemical weapons destruction.  PL 105-85 Sec 1406....       121
                                     PL 105-261 Sec 1304...       112
      Chemical weapons destruction   PL 105-85 Sec 1405....       121
       facility.
      Construction activities......  PL 107-107 Sec 1306...        92
      Construction of fossil fuel    PL 106-398 Sec 1307...        97
       energy plants, report.
      Elimination of conventional    PL 106-398 Sec 1303...        96
       weapons.
      Elimination of Weapons Grade   PL 106-398 Sec 1310...       102
       Plutonium Program.
      Fissile material storage       PL 105-85 Sec 1407....       122
       facility.
                                     PL 106-65 Sec 1304....       107
                                     PL 106-398 Sec 1304...        97
                                     PL 107-107 Sec 1305...        92
                                     PL 107-314 Sec 1305...        84
      START II Treaty..............  PL 105-85 Sec 1404....       121
      Until certification            PL 106-65 Sec 1310....       108
       submission.
      Until report submission......  PL 106-65 Sec 1306....       107
                                     PL 107-107 Sec 1303...        92
                                     PL 107-314 Sec 1303...        84
      Warhead dismantlement          PL 106-398 Sec 1305...        97
       processing.
      Weapons storage security.....  PL 105-85 Sec 1408....       122
    Funds use limitation until       PL 104-201 Sec 1504...       127
     report submission.
    Funds use prohibition..........  PL 104-201 Sec 1503...       127
States of the former Soviet Union--
 Continued
  Cooperative threat reduction--
   Continued
    Funds use prohibition--
     Continued
                                     PL 105-85 Sec 1403....       120
                                     PL 105-261 Sec 1303...       112
                                     PL 106-65 Sec 1303....       106
    Limited waiver of restrictions   PL 107-314 Sec 1306...        84
     on use of funds.
    New initiatives
      Funding......................  PL 110-181 Sec 1306(d)        55
      National Academy of Sciences   PL 110-181 Sec 1306(b)        55
       study.
      Secretary of Defense report..  PL 110-181 Sec 1306(c)        55
      Sense of Congress............  PL 110-181 Sec 1306(a)        54
    Nonstrategic nuclear arms,       PL 106-65 Sec 1312....       109
     sense of Congress.
    Nuclear arsenal dismantlement,   PL 103-337 Sec 1209...       140
     sense of Congress.
    Nuclear weapons scientists,      PL 104-106 Sec 1207...       133
     limitation on assistance.
    Nuclear weapons storage sites    PL 106-398 Sec 1306...        97
     agreement.
    Offensive biological warfare     PL 103-337 Sec 1207...       137
     program, report.
    Offensive biological warfare     PL 104-106 Sec 1208...       133
     program funds limitation.
    On-site manager requirements...  PL 108-136 Sec 1305...        76
    Payment  of  taxes,  duties,     PL 105-85 Sec 1409....       123
     and other assessments on
     assistance, report.
    Peacekeeping activities funds    PL 104-106 Sec 1203...       132
     use prohibition.
    Permit requirements............  PL 108-136 Sec 1303...        74
    Program assistance, sense of     PL 104-201 Sec 1453...       323
     Congress.
    Program coordination...........  PL 103-337 Sec 1208...       140
    Programs.......................  PL 103-337 Sec 1201...       136
    Programs authorization.........  PL 103-160 Sec 1203...       143
    Purchase of low-enriched         PL 104-201 Sec 1454...       323
     uranium derived from Russian
     highly enriched uranium, sense
     of Congress.
    Report submission requirement..  PL 106-65 Sec 1308....       108
    Restrictions on assistance       PL 110-181 Sec 1304...        53
     repeal.
    Revenue use requirement........  PL 107-107 Sec 1304...        92
    Russian nonstrategic nuclear     PL 106-65 Sec 1312....       109
     arms, sense of Congress.
    Specification of programs......  PL 104-106 Sec 1201...       130
                                     PL 104-201 Sec 1501...       125
    Specification of programs and    PL 105-85 Sec 1401....       119
     funds.
                                     PL 105-261 Sec 1301...       111
                                     PL 106-65 Sec 1301....       105
                                     PL 106-398 Sec 1301...        95
                                     PL 107-107 Sec 1301...        90
                                     PL 107-314 Sec 1301...        82
                                     PL 108-136 Sec 1301...        73
                                     PL 108-375 Sec 1301...        70
                                     PL 109-163 Sec 1301...        66
                                     PL 109-364 Sec 1301...        62
                                     PL 110-181 Sec 1301...        52
    Use of revenue generated by      PL 107-107 Sec 1304...        92
     activities.
    Weapons destruction assistance   PL 104-106 Sec 1204...       132
     authority.
States of the former Soviet Union--
 Continued
  Cooperative threat reduction--
   Continued
    Weapons of mass destruction
      Control and accountability of  PL 103-337 Sec 1204...       136
       materials, report.
      Proliferation and terrorism    PL 110-53 Sec 1811....        58
       prevention, repeal and
       modification of assistance
       limitations.
      Report on individuals with     PL 105-261 Sec 1309...       117
       expertise.
  Diplomatic and consular missions,  PL 99-93 Sec 136......      1016
   Soviet employees at United
   States missions in the Soviet
   Union.
  Exchange of high-ranking military  PL 99-145 Sec 1005....       714
   and civilian personnel pilot
   program.
  Former Soviet Union                PL 102-484............       161
   Demilitarization Act of 1992.
    Administration of programs.....  PL 102-484 Sec 1421...       164
    Authorization of programs......  PL 102-484 Sec 1412...       162
    Findings.......................  PL 102-484 Sec 1411...       161
  INF Treaty
    On-Site Inspection Agency,       PL 87-297 Sec 501.....        24
     establishment and
     responsibilities of.
  Negotiations regarding             PL 101-189 Sec 1009...       688
   limitations on anti-satellite
   capabilities, report.
  Nonproliferation and disarmament
   activities
    Authorization..................  PL 102-511 Sec 503(a).       150
    Defense funds use..............  PL 102-511 Sec 503(c).       151
    Funding priorities.............  PL 102-511 Sec 503(b).       151
  Nuclear risk reduction centers     PL 98-525 Sec 1108....       719
   establishment, sense of Congress.
  Nuclear weapons reduction policy.  PL 102-484 Sec 1321...       666
  Nuclear winter consequences,       PL 99-93 Sec 708......        46
   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).       158
    Functions......................  PL 102-511 Sec 511(c).       159
    Funding........................  PL 102-511 Sec 511(d).       159
    Purposes.......................  PL 102-511 Sec 511(b).       158
  Science and technology centers
    Funding........................  PL 106-113 Sec 1138...       256
    Research and exchange            PL 106-113 Sec 1139...       256
     activities.
  Securing nuclear weapons,          PL 107-107 Sec 1205...       575
   material and expertise.
  Special nuclear materials, report  PL 102-511 Sec 510....       158
  START Treaty
    Monitoring issues, report......  PL 106-113 Sec 1114...        33
  Threshold Test Ban Treaty
    On-Site Inspection Agency        PL 87-297 Sec 501.....        25
     responsibilities.
  United States-Soviet negotiations  PL 99-145 Sec 1004....       714
   on reduction in nuclear arms,
   sense of Congress.
  Use of international nuclear       PL 108-136 Sec 3124...       565
   materials protection and
   cooperation program funds use
   outside the former Soviet Union.
  Weapons destruction funding......  PL 102-511 Sec 506....       153
  Weapons-grade uranium and          PL 108-136 Sec 3123...       564
   plutonium, study and report.
Strategic Arms Limitation Treaty
  Compliance, sense of Congress....  PL 99-661 Sec 1001....       707
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..............       972
 disputes
Syria
  Iran, North Korea and Syria        PL 106-178............       238
   Nonproliferation Act.
    Application of measures to       PL 106-178 Sec 3......       240
     certain foreign persons.
    Definitions....................  PL 106-178 Sec 7......       247
    Exemption from measures........  PL 106-178 Sec 5......       242
    International Space Station      PL 106-178 Sec 6......       244
     restriction on extraordinary
     payments.
    Procedures if measures are not   PL 106-178 Sec 4......       242
     applied.
    Reports........................  PL 106-178 Sec 2......       239
 
 
                                    T
 
Taiwan. See also American Institute
 in Taiwan
  American Institute in Taiwan
   Facilities Enhancement Act
    Appropriations authorization...  PL 106-212 Sec 3......       850
    Findings.......................  PL 106-212 Sec 2......       850
  Maintaining unofficial relations   EO 13014..............       852
   with the people of Taiwan.
    Delegation and reservation of    EO 13014 Sec 1........       852
     functions.
    Presidential Memorandum of       EO 13014 Sec 3........       853
     December 30, 1978.
    Specification of laws and        EO 13014 Sec 2........       852
     determinations.
  Participation in WHO.............  PL 108-235 Sec 1......       847
Taiwan Relations Act...............  PL 96-8...............       837
  American Institute in Taiwan
    Appropriations authorization...  PL 96-8 Sec 16........       846
    Congressional oversight........  PL 96-8 Sec 14........       845
    Definitions....................  PL 96-8 Sec 15........       845
    Furnishing property and          PL 96-8 Sec 9.........       842
     services and obtaining
     services from.
    Reporting requirement..........  PL 96-8 Sec 12........       844
    Rules and regulations..........  PL 96-8 Sec 13........       845
    Separation of government         PL 96-8 Sec 11........       843
     personnel for employment.
    Services to United States        PL 96-8 Sec 7.........       841
     citizens on Taiwan.
    Severability of provisions.....  PL 96-8 Sec 17........       846
    Taiwan instrumentality.........  PL 96-8 Sec 10........       842
    Tax exempt status..............  PL 96-8 Sec 8.........       841
    U.S. policy....................  PL 96-8 Sec 6.........       841
  Application of laws and            PL 96-8 Sec 4.........       838
   international agreements.
  Findings and declaration of        PL 96-8 Sec 2.........       837
   policy.
  Implementation of U.S. policy....  PL 96-8 Sec 3.........       838
  OPIC.............................  PL 96-8 Sec 5.........       840
Terrorism. See also War powers
  Advisory panel to assess domestic  PL 105-261 Sec 1405...       297
   response capabilities.
  Authorization for use of military  PL 107-40.............       746
   force in response to terrorist
   attacks of September 11, 2001.
  Chemical, biological,              PL 104-201 Sec 1414...       313
   radiological, nuclear and high-
   yield explosives response team.
  Detention, treatment and trial of  Mil Ord Nov. 13, 2001.       759
   certain non-citizens in the war
   against terrorism.
    Definition.....................  Mil Ord Nov. 13, 2001        760
                                      Sec 2.
    Findings.......................  Mil Ord Nov. 13, 2001        759
                                      Sec 1.
    Policy.........................  Mil Ord Nov. 13, 2001        760
                                      Sec 2.
    Relationship to other law and    Mil Ord Nov. 13, 2001        762
     forums.                          Sec 7.
    Secretary of Defense
      Authorities..................  Mil Ord Nov. 13, 2001        762
                                      Sec 6.
      Detention authority..........  Mil Ord Nov. 13, 2001        760
                                      Sec 3.
      Obligation of other agencies   Mil Ord Nov. 13, 2001        761
       to assist.                     Sec 5.
      Trials authority.............  Mil Ord Nov. 13, 2001        761
                                      Sec 4.
  Domestic preparedness for          PL 105-261 Sec 1402...       296
   response to threats of use of
   weapons of mass destruction.
  Emergency preparedness testing     PL 104-201 Sec 1415...       313
   for nuclear, radiological,
   chemical and biological weapons.
  Geneva Conventions Common Article  EO 13440..............       764
   3 interpretation as applied to a
   program of detention and
   interrogation.
    Assignment of function.........  EO 13440 Sec 4........       766
    Definitions....................  EO 13440 Sec 2........       764
    Determinations.................  EO 13440 Sec 1........       764
    Program compliance.............  EO 13440 Sec 3........       765
    Provisions.....................  EO 13440 Sec 5........       766
  Military commissions
    Trial of alien unlawful enemy    EO 13425..............       763
     combatants.
  Military Commissions Act of 2006.  PL 109-366............       747
    Annual report..................  PL 109-366 Sec 3......       750
    Authorities....................  PL 109-366 Sec 3......       748
    Construction of provisions.....  PL 109-366 Sec 3......       748
    Crimes triable by commissions..  PL 109-366 Sec 3......       750
    Definitions....................  PL 109-366 Sec 3......       747
    Geneva Conventions.............  PL 109-366 Sec 3......       749
    Implementation  of  treaty       PL 109-366 Sec 6......       756
     obligations.
    Inapplicability of provisions..  PL 109-366 Sec 3......       749
    Jurisdiction of commissions....  PL 109-366 Sec 3......       749
    Persons subject to commissions.  PL 109-366 Sec 3......       749
    Purpose........................  PL 109-366 Sec 3......       748
    Status of commissions..........  PL 109-366 Sec 3......       749
    Treatment  of  rulings  and      PL 109-366 Sec 3......       749
     precedents.
    Treaty obligations not           PL 109-366 Sec 5......       756
     establishing grounds for
     certain claims.
  National emergencies
    Construction authority.........  EO 13235..............       739
    Declaration by reason of         Proclamation 7463.....       738
     terrorist attacks.
Terrorism--Continued
  9/11 Commission recommendations
    Weapons of mass destruction
     proliferation and terrorism
     prevention
      Assistance to accelerate       PL 110-53 Sec 1831....        58
       programs.
                                     ......................       184
                                     PL 110-53 Sec 1832....        58
                                     ......................       184
                                     PL 110-53 Sec 1833....        60
                                     ......................       185
      Commission on the Prevention   PL 110-53 Sec 1851....       188
       of Weapons of Mass
       Destruction Proliferation
       and Terrorism.
                                     PL 110-53 Sec 1852....       188
                                     PL 110-53 Sec 1853....       189
                                     PL 110-53 Sec 1854....       189
                                     PL 110-53 Sec 1855....       190
                                     PL 110-53 Sec 1856....       191
                                     PL 110-53 Sec 1857....       192
                                     PL 110-53 Sec 1858....       192
                                     PL 110-53 Sec 1859....       192
      Definitions..................  PL 110-53 Sec 1802....       179
      Findings.....................  PL 110-53 Sec 1801....        58
                                     ......................       179
      Office of the United States    PL 110-53 Sec 1841....       185
       Coordinator for the
       Prevention of Weapons of
       Mass Destruction
       Proliferation and Terrorism.
      Proliferation Security         PL 110-53 Sec 1821....       181
       Initiative.
                                     PL 110-53 Sec 1822....       183
      Repeal and modification of     PL 110-53 Sec 1811....        58
       assistance limitations.
                                     ......................       180
      United States-Russia           PL 110-53 Sec 1842....       188
       cooperation and
       coordination, sense of
       Congress.
  Nuclear, chemical and biological   PL 104-201 Sec 1413...       312
   emergency response.
  Nuclear terrorism prevention
    Annual report..................  PL 110-181 Sec 3134...       542
    Definitions....................  PL 110-181 Sec 3131...       540
    Minimum security standard for    PL 110-181 Sec 3133...       541
     nuclear weapons and formula
     quantities of strategic
     special nuclear material.
    Sense of Congress..............  PL 110-181 Sec 3132...       541
  Response to threats of use of      PL 104-201 Sec 1411...       311
   weapons of mass destruction.
  Threat and risk assessments......  PL 105-261 Sec 1404...       297
Threshold Test Ban Treaty
  On-Site Inspection Agency          PL 87-297 Sec 501.....        25
   responsibilities.
Thurmond National Defense
 Authorization Act, FY 1999. See
 Cooperative Threat Reduction, FY
 1999; National Defense
 Authorization Act, FY 1999
Tonkin Gulf Resolution.............  PL 88-408.............       806
Treaties. See International
 agreements
Treaty on Conventional Armed Forces
 in Europe
  Sense of Congress................  PL 105-277 Sec 2704...       819
 
                                    U
 
U.N. peacekeeping forces in the
 Middle East
  U.S. payments authorization......  PL 94-37..............       969
Ukraine
  Cooperative threat reduction
    Funding allocations............  PL 110-417 Sec 1302...        48
  Designation as eligible to         PL 110-17 Sec 4.......       814
   receive NATO assistance.
  U.S. recognition of independence,  PL 102-229 Sec 204....       176
   sense of the Senate.
UNESCO. See United Nations
 Educational, Scientific and
 Cultural Organization
UNICEF. See United Nations
 Children's Fund
Union of Soviet Socialist
 Republics. See Soviet Union
United Nations
  Counterproliferation
    Extension of authority for       PL 105-261 Sec 1531...       609
     support of Special Commission
     on Iraq.
  Department of State efforts to     PL 107-228 Sec 409....       948
   place U.S. citizens in positions
   of employment.
  Diplomatic privileges to the       PL 109-472 Sec 7......       987
   Permanent Observer Mission of
   the Holy See.
  Haiti
    Mission transition.............  PL 103-423 Sec 6......       769
  Peacekeeping activities
    Restriction on U.S.              PL 107-206 Sec 2005...       788
     participation in certain
     operations.
  Promotion of sound financial       PL 107-228 Sec 404....       946
   practices.
  Provisions in Foreign Relations    Note..................       968
   Authorization Acts.
  Republic of Korea
    Participation of multinational   PL 109-364 Sec 1212...       546
     partners in the United Nations
     Command, report.
  Response to resolution on Zionism  Note..................       970
  Secret ballot use................  PL 107-228 Sec 406....       947
  Support of inspection and          PL 106-65 Sec 1505....       598
   monitoring of Iraqi weapons
   activities.
                                     PL 106-398 Sec 1201...       580
                                     PL 107-107 Sec 1203...       575
                                     PL 107-314 Sec 1204...       568
  Support of peaceful settlement of  EO 10206..............       972
   disputes.
  U.S. membership on Commission on   PL 107-228 Sec 408....       947
   Human Rights and International
   Narcotics Control Board.
United Nations Children's Fund
  Child health revolution..........  PL 98-198.............      1046
United Nations Educational,
 Scientific and Cultural
 Organization
  Membership of United States,       PL 107-228 Sec 407....       947
   sense of Congress.
United Nations Environment Program
 Participation Act of 1973
  Appropriations authorization.....  PL 93-188.............       971
United Nations Headquarters          PL 80-357.............       961
 Agreement Act.
United Nations Industrial
 Development Organization
  Immunities, exemptions and         PL 79-291 Sec 12......       980
   privileges.
  Prohibition on payments..........  PL 106-113 Sec 952....       960
United Nations Participation Act of  PL 79-264.............       927
 1945.
  Activities authorization.........  PL 79-264 Sec 7.......       937
  Appropriations authorization.....  PL 79-264 Sec 8.......       939
United Nations Participation Act of
 1945--Continued
  Limitation on U.S. share of        PL 79-264 Sec 11......       944
   assessments for the regular
   budget.
  Living quarters for                PL 79-264 Sec 9.......       940
   representatives.
  Reimbursement for goods and        PL 79-264 Sec 10......       941
   services provided by the United
   States.
  Report requirements..............  PL 79-264 Sec 4.......       930
  Security Council
    Measures.......................  PL 79-264 Sec 5.......       935
    Negotiations...................  PL 79-264 Sec 6.......       937
  U.S. representatives
    Appointment....................  PL 79-264 Sec 2.......       927
    Responsibilities...............  PL 79-264 Sec 3.......       929
United Nations Reform Act of 1999..  PL 106-113............       949
  Appropriations authorization.....  PL 106-113 Sec 911....       950
  Assessments reform certification   PL 106-113 Sec 931....       954
   requirements.
  Budget reform certification        PL 106-113 Sec 941....       955
   requirements.
  Definitions......................  PL 106-113 Sec 902....       949
  Forgiveness of amounts owed to     PL 106-113 Sec 913....       952
   the United States.
  Obligation and expenditure of      PL 106-113 Sec 912....       951
   funds.
  Peacekeeping operations reform     PL 106-113 Sec 931....       954
   certification requirements.
  Personnel reform certification     PL 106-113 Sec 941....       955
   requirements.
  Prohibition on payments relating   PL 106-113 Sec 952....       960
   to UNIDO and other organizations
   from which the United States has
   withdrawn or rescinded funding.
  Statutory construction on          PL 106-113 Sec 951....       959
   relation to existing laws.
  U.S. sovereignty certification     PL 106-113 Sec 921....       953
   requirements.
United States Additional Protocol    PL 109-401............       193
 Implementation Act.
  Appropriations authorization.....  PL 109-401 Sec 281....       205
  Authority........................  PL 109-401 Sec 211....       196
  Complementary access
    Authority requirement..........  PL 109-401 Sec 221....       196
    Consents and warrants..........  PL 109-401 Sec 223....       198
    Procedures for.................  PL 109-401 Sec 222....       197
    Prohibited acts................  PL 109-401 Sec 224....       199
  Confidentiality of information...  PL 109-401 Sec 231....       199
  Definitions......................  PL 109-401 Sec 203....       194
  Enforcement......................  PL 109-401 Sec 243....       202
  Environmental sampling
    National security exclusion      PL 109-401 Sec 252....       202
     application.
    Notification to Congress of      PL 109-401 Sec 251....       202
     IAEA Board approval.
    Rule of construction...........  PL 109-401 Sec 254....       203
  Findings.........................  PL 109-401 Sec 202....       193
  IAEA inspections and visits......  PL 109-401 Sec 262....       204
  Penalties........................  PL 109-401 Sec 242....       200
  Protection of national security    PL 109-401 Sec 261....       203
   information.
  Recordkeeping violations.........  PL 109-401 Sec 241....       200
  Reports
    Content of reports on U.S.       PL 109-401 Sec 273....       204
     declarations.
    Efforts to promote               PL 109-401 Sec 274....       205
     implementation of additional
     protocols.
    IAEA notifications.............  PL 109-401 Sec 275....       205
    Initial U.S. declaration.......  PL 109-401 Sec 271....       204
      Revisions....................  PL 109-401 Sec 272....       204
United States Additional Protocol
 Implementation Act--Continued
  Severability.....................  PL 109-401 Sec 204....       196
United States and India cooperation
  Congressional approval...........  PL 109-401 Sec 104....       485
United States Armed Forces in
 Somalia
  Policy...........................  PL 103-160 Sec 1512...       774
United States Arms Control and
 Disarmament Agency
  Appropriations authorization.....  PL 105-277 Sec 2601...        36
United States Coordinator for the
 Prevention of Weapons of Mass
 Destruction Proliferation and
 Terrorism
  Annual report on strategic plan..  PL 110-53 Sec 1841(f).       188
  Consultation with Commission.....  PL 110-53 Sec 1841(e).       188
  Duties...........................  PL 110-53 Sec 1841(c).       186
  Establishment of.................  PL 110-53 Sec 1841(a).       185
  Officers.........................  PL 110-53 Sec 1841(b).       185
  Staff............................  PL 110-53 Sec 1841(d).       187
  United States-Russia cooperation   PL 110-53 Sec 1842....       188
   and coordination, sense of
   Congress.
United States Enrichment             PL 104-134............       502
 Corporation Privatization Act.
  Definitions......................  PL 104-134 Sec 3102...       502
  Private corporations
    Establishment..................  PL 104-134 Sec 3105...       504
    Transfers......................  PL 104-134 Sec 3106...       505
  United States Enrichment
   Corporation
    Method of sale.................  PL 104-134 Sec 3104...       503
    Sale of........................  PL 104-134 Sec 3103...       503
  Uranium transfers and sales......  PL 104-134 Sec 3112...       505
United States-India Nuclear          PL 110-369............       477
 Cooperation Approval and
 Nonproliferation Enhancement Act.
  Agreement approval...............  PL 110-369 Sec 101....       478
  Certification requirement........  PL 110-369 Sec 102(c).       479
  Definitions......................  PL 110-369 Sec 2......       477
  Policy declarations..............  PL 110-369 Sec 102(a).       478
                                     PL 110-369 Sec 102(b).       478
  Procedures regarding subsequent    PL 110-369 Sec 201....       480
   reprocessing arrangement.
  Rule of construction.............  PL 110-369 Sec 102(d).       479
  Safeguard agreement                PL 110-369 Sec 104....       479
   implementation between India and
   the IAEA.
  U.S. policy at the Nuclear         PL 110-369 Sec 204....       480
   Suppliers Group.
United States-India Peaceful Atomic  PL 109-401............       482
 Energy Cooperation Act of 2006.
  Compliance with nuclear            PL 109-401 Sec 105....       496
   nonproliferation treaty
   obligations.
  Definitions......................  PL 109-401 Sec 110....       497
  Inoperability of determination     PL 109-401 Sec 106....       496
   and waivers.
  MTCR adherent status.............  PL 109-401 Sec 107....       496
  Policy statements................  PL 109-401 Sec 103....       484
  Scientific cooperative nuclear     PL 109-401 Sec 109....       497
   nonproliferation program.
  Sense of Congress................  PL 109-401 Sec 102....       482
  Waiver authority.................  PL 109-401 Sec 104....       485
United States Munitions List
  Satellite exports................  PL 105-261 Sec 1513...       602
United States National Authority
  Chemical Weapons Convention        EO 13128..............       371
   implementation.
  Designation of...................  PL 105-277 Sec 101....       267
  Report requirements..............  PL 105-277 Sec 401....       288
United States policy toward Haiti..  PL 103-423............       767
  Human rights, report.............  PL 103-423 Sec 4......       769
United States policy toward Haiti--
 Continued
  Presidential statement of          PL 103-423 Sec 2......       767
   national security objectives.
  Report...........................  PL 103-423 Sec 3......       768
  U.N. mission transition..........  PL 103-423 Sec 6......       769
  U.S. agreements, report..........  PL 103-423 Sec 5......       769
  United States Armed Forces         PL 103-423 Sec 1......       767
   operations, sense of Congress.
United States Secret Service
  Protection of foreign diplomatic
   missions
    Powers, authorities and duties   18 USC Sec 3056A......       996
     of Uniformed Division.
 
 
                                    V
 
Vienna Convention. See Diplomatic
 Relations Act
Vietnam
  Tonkin Gulf Resolution...........  PL 88-408.............       806
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..............       770
   force against Iraq.
    Authorization for use of United  PL 102-1 Sec 2........       770
     States Armed Forces.
    Reports........................  PL 102-1 Sec 3........       771
  Authorization for Use of Military  PL 107-243............       740
   Force Against Iraq Resolution of
   2002.
    Authorization for use of United  PL 107-243 Sec 3......       743
     States Armed Forces.
    Reports........................  PL 107-243 Sec 4......       744
    Support for U.S. diplomatic      PL 107-243 Sec 2......       743
     efforts.
  Authorization for use of military  PL 107-40.............       746
   force in response to terrorist
   attacks of September 11, 2001.
  Authorization for use of military  PL 103-139 Sec 8151...       772
   force in Somalia.
  Detention, treatment and trial of  Mil Ord Nov. 13, 2001.       759
   certain non-citizens in the war
   against terrorism.
    Definition.....................  Mil Ord Nov. 13, 2001        760
                                      Sec 2.
    Findings.......................  Mil Ord Nov. 13, 2001        759
                                      Sec 1.
    Policy.........................  Mil Ord Nov. 13, 2001        760
                                      Sec 2.
    Relationship to other law and    Mil Ord Nov. 13, 2001        762
     forums.                          Sec 7.
    Secretary of Defense
      Authorities..................  Mil Ord Nov. 13, 2001        762
                                      Sec 6.
      Detention authority..........  Mil Ord Nov. 13, 2001        760
                                      Sec 3.
      Obligation of other agencies   Mil Ord Nov. 13, 2001        761
       to assist.                     Sec 5.
      Trials authority.............  Mil Ord Nov. 13, 2001        761
                                      Sec 4.
  Geneva Conventions Common Article  EO 13440..............       764
   3 interpretation as applied to a
   program of detention and
   interrogation.
    Assignment of function.........  EO 13440 Sec 4........       766
    Definitions....................  EO 13440 Sec 2........       764
    Determinations.................  EO 13440 Sec 1........       764
    Program compliance.............  EO 13440 Sec 3........       765
    Provisions.....................  EO 13440 Sec 5........       766
War powers--Continued
  Military commissions
    Trial of alien unlawful enemy    EO 13425..............       763
     combatants.
  Military Commissions Act of 2006.  PL 109-366............       747
    Annual report..................  PL 109-366 Sec 3......       750
    Authorities....................  PL 109-366 Sec 3......       748
    Construction of provisions.....  PL 109-366 Sec 3......       748
    Crimes triable by commissions..  PL 109-366 Sec 3......       750
    Definitions....................  PL 109-366 Sec 3......       747
    Geneva Conventions.............  PL 109-366 Sec 3......       749
    Implementation of treaty         PL 109-366 Sec 6......       756
     obligations.
    Inapplicability of provisions..  PL 109-366 Sec 3......       749
    Jurisdiction of commissions....  PL 109-366 Sec 3......       749
    Persons subject to commissions.  PL 109-366 Sec 3......       749
    Presidential authority to        PL 109-366 Sec 2......       747
     establish military commissions.
    Purpose........................  PL 109-366 Sec 3......       748
    Status of commissions..........  PL 109-366 Sec 3......       749
    Treatment of rulings and         PL 109-366 Sec 3......       749
     precedents.
    Treaty obligations not           PL 109-366 Sec 5......       756
     establishing grounds for
     certain claims.
  Multinational Force in Lebanon     PL 98-119.............       776
   Resolution.
    Agreement between the United     ......................       780
     States and Lebanon, Sept. 25,
     1982.
    Authorization for continued      PL 98-119 Sec 3.......       777
     participation of United States
     Armed Forces.
    Congressional priority           PL 98-119 Sec 8.......       778
     procedures for amendments.
    Duration of authorization for    PL 98-119 Sec 6.......       778
     U.S. participation.
    Findings and purpose...........  PL 98-119 Sec 2.......       776
    Interpretation of resolution...  PL 98-119 Sec 7.......       778
    Reports........................  PL 98-119 Sec 4.......       777
    Statements of policy...........  PL 98-119 Sec 5.......       777
  National emergencies
    Construction authority.........  EO 13235..............       739
    Declaration by reason of         Proclamation 7463.....       738
     terrorist attacks.
  National Emergencies Act.........  PL 94-412.............       733
    Accountability requirements....  PL 94-412 Sec 401.....       736
    Declarations of future national  PL 94-412 Sec 201.....       733
     emergencies.
    Exercise of emergency powers     PL 94-412 Sec 301.....       735
     and authorities.
    Repeal and continuation of       PL 94-412 Sec 501.....       736
     emergency power.
    Reporting requirements.........  PL 94-412 Sec 401.....       736
    Terminating existing declared    PL 94-412 Sec 101.....       733
     emergencies.
  United States Armed Forces in
   Somalia
    Policy.........................  PL 103-160 Sec 1512...       774
  United States policy toward Haiti  PL 103-423............       767
    Human rights, report...........  PL 103-423 Sec 4......       769
    Presidential statement of        PL 103-423 Sec 2......       767
     national security objectives.
    Report.........................  PL 103-423 Sec 3......       768
    U.N. mission transition........  PL 103-423 Sec 6......       769
    U.S. agreements, report........  PL 103-423 Sec 5......       769
    United States Armed Forces       PL 103-423 Sec 1......       767
     operations, sense of Congress.
  War Powers Resolution............  PL 93-148.............       727
    Congressional action...........  PL 93-148 Sec 5.......       729
    Congressional priority
     procedures
      For concurrent resolution....  PL 93-148 Sec 7.......       730
War powers--Continued
  War Powers Resolution--Continued
    Congressional priority
     procedures--Continued
      For joint resolution or bill.  PL 93-148 Sec 6.......       730
    Consultation...................  PL 93-148 Sec 3.......       728
    Interpretation of joint          PL 93-148 Sec 8.......       731
     resolution.
    Purpose and policy.............  PL 93-148 Sec 2.......       727
    Reporting......................  PL 93-148 Sec 4.......       728
    Separability clause............  PL 93-148 Sec 9.......       732
Warner National Defense
 Authorization Act, FY 2007. See
 Cooperative Threat Reduction, FY
 2007; National Defense
 Authorization Act, FY 2007
Weapons. See Arms control;
 Biological weapons; Chemical
 weapons; Nuclear weapons
Weapons of mass destruction. See
 also Arms control; Nuclear weapons
  Proliferation prevention
    Assistance to accelerate
     programs
      Appropriations authorization,  PL 110-53 Sec 1833....        60
       2008.
                                     ......................       185
      Appropriations authorization,  PL 110-53 Sec 1832....        59
       2008 and future years.
                                     ......................       184
      Statement of policy..........  PL 110-53 Sec 1831....        58
                                     ......................       184
    Commission on the Prevention of
     Weapons of Mass Destruction
     Proliferation and Terrorism
      Composition of...............  PL 110-53 Sec 1853....       189
      Establishment of.............  PL 110-53 Sec 1851....       188
      Funding......................  PL 110-53 Sec 1859....       192
      Nonapplicability of Federal    PL 110-53 Sec 1856....       191
       Advisory Committee Act.
      Powers of....................  PL 110-53 Sec 1855....       190
      Purposes of..................  PL 110-53 Sec 1852....       188
      Report.......................  PL 110-53 Sec 1857....       192
      Responsibilities of..........  PL 110-53 Sec 1854....       189
      Termination..................  PL 110-53 Sec 1858....       192
    Definitions....................  PL 110-53 Sec 1802....       179
    Findings.......................  PL 110-53 Sec 1801....        58
                                     ......................       178
    Office of the United States      PL 110-53 Sec 1841....       185
     Coordinator for the Prevention
     of Weapons of Mass Destruction
     Proliferation and Terrorism.
    Proliferation Security
     Initiative
      Authority to provide           PL 110-53 Sec 1822....       183
       assistance to cooperative
       countries.
      Improvements and authorities.  PL 110-53 Sec 1821....       181
    Repeal and modification of       PL 110-53 Sec 1811....        58
     assistance limitations.
                                     ......................       180
    United States-Russia             PL 110-53 Sec 1842....       188
     cooperation and coordination,
     sense of Congress.
  United States Additional Protocol  PL 109-401............       193
   Implementation Act.
    Appropriations authorization...  PL 109-401 Sec 281....       205
    Authority......................  PL 109-401 Sec 211....       196
    Complementary access
      Authority requirement........  PL 109-401 Sec 221....       196
      Consents and warrants........  PL 109-401 Sec 223....       198
      Procedures for...............  PL 109-401 Sec 222....       197
      Prohibited acts..............  PL 109-401 Sec 224....       199
    Confidentiality of information.  PL 109-401 Sec 231....       199
Weapons of mass destruction--
 Continued
  United States Additional Protocol
   Implementation Act--Continued
    Definitions....................  PL 109-401 Sec 203....       194
    Enforcement....................  PL 109-401 Sec 243....       202
    Environmental sampling
      National security exclusion    PL 109-401 Sec 252....       202
       application.
      Notification to Congress of    PL 109-401 Sec 251....       202
       IAEA Board approval.
      Rule of construction.........  PL 109-401 Sec 254....       203
    Findings.......................  PL 109-401 Sec 202....       193
    IAEA inspections and visits....  PL 109-401 Sec 262....       204
    Penalties......................  PL 109-401 Sec 242....       200
    Protection of national security  PL 109-401 Sec 261....       203
     information.
    Recordkeeping violations.......  PL 109-401 Sec 241....       200
    Reports
      Content of reports on U.S.     PL 109-401 Sec 273....       204
       declarations.
      Efforts to promote             PL 109-401 Sec 274....       205
       implementation of additional
       protocols.
      IAEA notifications...........  PL 109-401 Sec 275....       205
      Initial U.S. declaration.....  PL 109-401 Sec 271....       204
      Revisions to initial U.S.      PL 109-401 Sec 272....       204
       declaration.
    Severability...................  PL 109-401 Sec 204....       196
Weapons of Mass Destruction Control  PL 102-484............       337
 Act of 1992.
  International nonproliferation     PL 102-484 Sec 1505...       340
   initiative.
  Nonproliferation activities of     PL 102-484 Sec 1503...       338
   Department of Defense and
   Department of Energy, report.
  Nonproliferation technology        PL 102-484 Sec 1504...       339
   initiative.
  Sense of Congress................  PL 102-484 Sec 1502...       337
Weapons of mass destruction          EO 12938..............       365
 proliferation.
  Blocking property of               EO 13382..............       376
   proliferators and their
   supporters.
  Department of Commerce controls..  EO 12938 Sec 3........       366
  Imposition of controls...........  EO 12938 Sec 2........       365
  International negotiations.......  EO 12938 Sec 1........       365
  Judicial review..................  EO 12938 Sec 9........       370
  Measures against foreign persons.  EO 12938 Sec 4........       366
  Preservation of authorities......  EO 12938 Sec 8........       369
  Revocation of orders.............  EO 12938 Sec 10.......       370
  Sanctions
    Against foreign countries......  EO 12938 Sec 5........       368
    Duration of....................  EO 12938 Sec 6........       369
    Implementation of..............  EO 12938 Sec 7........       369
WHO. See World Health Organization
World Health Organization
  Participation of Taiwan..........  PL 108-235 Sec 1......       847
 
 
                                    Y
 
Youth. See Children
 
 
                                    Z
 
Zionism
  Response to U.N. resolution......  Note..................       970




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