(4) on-site inspection activities under the INF Treaty include_

(A) inspections in the Soviet Union, Czechoslovakia, and the German Democratic Republic,

(B) escort duties for Soviet teams visiting the United States and the Basing Countries,

(C) establishment and operation of the Portal Monitoring Facility in the Soviet Union, and

(D) support for the Soviet inspectors at the Portal Monitoring Facility in Utah;

(5) 88 the On-Site Inspection Agency has additional responsibilities to those specified in paragraph (4), 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;

(6) 88 the personnel of the On-Site Inspection Agency include civilian technical experts, civilian support personnel, and members of the Armed Forces; and

(7) 88 the senior officials of the On-Site Inspection Agency include representatives from the United States Arms Control and Disarmament Agency and the Department of State.

POLICY COORDINATION CONCERNING IMPLEMENTATION OF ON-SITE INSPECTION PROVISIONS

SEC. 62.89 (a) INTERAGENCY COORDINATION.-OSIA should receive policy guidance which is formulated through an interagency mechanism established by the President.

(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 DIRECTOR.-The Director should provide to the interagency mechanism described in subsection (a) appropriate recommendations for policy guidance to OSIA consistent with sections 2(d), 22, and 34(c) of this Act.

AUTHORIZATIONS OF APPROPRIATIONS FOR ON-SITE INSPECTION

SEC. 63.90 There are authorized to be appropriated $49,830,000 for fiscal year 1990 and $48,831,000 for fiscal year 1991 for the expenses of the On-Site Inspection Agency in carrying out on-site inspection activities pursuant to the INF Treaty.

SEC. 64.91 IMPROVING CONGRESSIONAL OVERSIGHT OF ON-SITE INSPECTION ACTIVITIES.

(a) REPORT FROM THE PRESIDENT.-Concurrent with the submission to the Congress of the request for authorization of appropria

88 Sec. 402(a)(1) of Public Law 102-228 redesignated paragraphs (5) and (6) as (6) and (7), respectively, and added a new paragraph (5).

89 22 U.S.C. 2595a. Sec. 62 was added by sec. 201 of Public Law 101-216. 90 22 U.S.C. 2595b. Sec. 63 was added by sec. 201 of Public Law 101-216. 91 22 U.S.C. 2595b-1. Sec. 402(b)(2) of Public Law 102-228 added sec. 64.

tions for OSIA for fiscal year 1993, the President shall submit a report on OSIA to the Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and the Committees on Armed Services of the House of Representatives and Senate. The report shall include a review of

(1) the history of OSIA, including how, when, and under what auspices it was established, including the applicable texts of the relevant executive orders;

(2) the missions and tasks assigned to OSIA to date;

(3) any additional missions and tasks likely to be assigned to OSIA during fiscal year 1993;

(4) the budgetary history of OSIA; and

(5) the extent to which OSIA plays a role in arms control policy formulation and operational implementation.

(b) REVIEW OF CERTAIN REPROGRAMMING NOTIFICATIONS.-Any 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 Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, and shall be subject to review by those committees.

DEFINITIONS

SEC. 65.92 As used in this title

(1) 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 ShorterRange Missiles (signed at Washington, December 8, 1987); 93

(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;

93

(3) 93 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) 93 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).

92 22 U.S.C. 2595c. This section was added as sec. 64 by sec. 201 of Public Law 101-216. It was redesignated as sec. 65 by sec. 402(b)(1) of Public Law 102-228.

93 Sec. 402(b)(2) of Public Law 102-228 struck our "and" at the end of paragraph (1); struck out the period at the end of paragraph (2) and inserted in lieu thereof a semicolon; and added new paragraphs (3) and (4).

2. 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

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".

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:

"CHAPTER 9-TRANSFER OF CERTAIN CFE TREATY-
LIMITED EQUIPMENT TO NATO MEMBERS

"SEC. 91.3 PURPOSE.

"The purpose of this chapter is to authorize the President to support, consistent with the CFE Treaty, a NATO equipment transfer program that will

"(1) enhance NATO's forces,

"(2) increase NATO standardization and interoperability, and

"(3) better distribute defense burdens within the NATO alli

ance.

"SEC. 92. CFE TREATY OBLIGATIONS.

"The authorities provided in this chapter shall be exercised consistent with the obligations incurred by the United States in connection with the CFE Treaty.

"SEC. 93.5 AUTHORITIES.

"(a) GENERAL AUTHORITY.-The President may transfer to any NATO/CFE country, in accordance with NATO plans, defense articles

122 U.S.C. 2751 note.

2 Sec. 2 added a new chapter 9 to the Arms Export Control Act (22 U.S.C. 2799). See also Leg islation on Foreign Relations Through 1991, vol. I.

3 22 U.S.C. 2799.

22 U.S.C. 2799a. $22 U.S.C. 2799b.

"(1) that are battle tanks, armoured combat vehicles, or artillery included within the CFE Treaty's definition of 'conventional armaments and equipment limited by the Treaty';

"(2) that were, as of the date of signature of the CFE Treaty, in the stocks of the Department of Defense and located in the CFE Treaty's area of application; and

"(3) that the President determines are not needed by United States military forces within the CFE Treaty's area of application.

"(b) ACCEPTANCE OF NATO ASSISTANCE IN ELIMINATING DIRECT COSTS OF TRANSFERS.-In order to eliminate direct costs of facilitating transfers of defense articles under subsection (a), the United States may utilize services provided by NATO or any NATO/CFE country, including inspection, repair, or transportation services with respect to defense articles so transferred.

"(c) ACCEPTANCE OF NATO ASSISTANCE IN MEETING CERTAIN UNITED STATES OBLIGATIONS.-In order to facilitate United States compliance with the CFE Treaty-mandated obligations for destruction of conventional armaments and equipment limited by the CFE Treaty, the United States may utilize services or funds provided by NATO or any NATO/CFE country.

"(d) AUTHORITY TO TRANSFER ON A GRANT BASIS.-Defense articles may be transferred under subsection (a) without cost to the recipient country.

"(e) THIRD COUNTRY TRANSFERS RESTRICTIONS.-For purposes of sections 3(a)(2), 3(a)(3), 3(c), and 3(d) of this Act, defense articles transferred under subsection (a) of this section shall be deemed to have been sold under this Act.

"(f) MAINTENANCE OF MILITARY BALANCE IN THE EASTERN MEDITERRANEAN.—The President shall ensure that transfers by the United States under subsection (a), taken together with transfers by other NATO/CFE countries in implementing the CFE Treaty, are of such valuations so as to be consistent with the United States policy, embodied in section 620C of the Foreign Assistance Act of 1961, of maintaining the military balance in the Eastern Mediter

ranean.

"(g) EXPIRATION OF AUTHORITY.—

"(1) IN GENERAL.-Except as provided in paragraph (2), the authority of subsection (a) expires at the end of the 40-month period beginning on the date on which the CFE Treaty enters into force.

"(2) TRANSITION RULE.-Paragraph (1) does not apply with respect to a transfer of defense articles for which notification under section 94(a) is submitted before the end of the period described in that paragraph.

"SEC. 94.6 NOTIFICATIONS AND REPORTS TO CONGRESS.

"(a) NOTIFICATIONS.-Not less than 15 days before transferring any defense articles pursuant to section 93(a), the President shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate in accordance with the procedures applicable to reprogramming notifi

622 U.S.C. 2799c.

cations pursuant to section 634A of the Foreign Assistance Act of 1961.

"(b) ANNUAL REPORTS.-Not later than February 1 each year, the President shall submit to the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives and the Committee on Foreign Relations and the Committee on Armed Services of the Senate a report that—

"(1) lists all transfers made to each recipient NA TO/CFE country by the United States under section 93(a) during the preceding calendar year;

"(2) describes how those transfers further the purposes described in paragraphs (1) through (3) of section 91; and

"(3) lists, on a country-by-country basis, all transfers to another country of conventional armaments and equipment limited by the CFE Treaty

"(A) by each NATO/CFE country (other than the United States) in implementing the CFE Treaty, and

"(B) by each Warsaw Pact country in implementing the CFE Treaty.

"SEC. 95. DEFINITIONS.

"As used in this chapter

"(1) the term 'CFE Treaty' means the Treaty on Conventional Armed Forces in Europe (signed at Paris, November 19, 1990);

"(2) the term 'conventional armaments and equipment limited by the CFE Treaty' has the same meaning as the term 'conventional armaments and equipment limited by the Treaty' does under paragraph 1(J) of article II of the CFE Treaty;

"(3) the term 'NATO' means the North Atlantic Treaty Organization;

"(4) the term 'NATO/CFE country' means a member country of NATO that is a party to the CFE Treaty and is listed in paragraph 1(A) of article II of the CFE Treaty within the group of States Parties that signed or acceded to the Treaty of Brussels of 1948 or the Treaty of Washington of 1949 (the North Atlantic Treaty); and

"(5) the term 'Warsaw Pact country' means a country that is listed in paragraph 1(A) of article II of the CFE Treaty within the group of States Parties that signed the Treaty of Warsaw of 1955.".

7 22 U.S.C. 2799d.