(5) Such other information as the President considers appropriate to fully inform the Congress concerning the operation of the program under part B. SEC. 232.4 DIRE EMERGENCY SUPPLEMENTAL APPROPRIATIONS. It is the sense of the Senate that the conferees on H.J. Res. 157,5 the Dire Emergency Supplemental Appropriations Act for Fiscal Year 1992, should consider providing the necessary authority for the Secretary of Defense to obligate these funds in that Conference Agreement. TITLE III-EMERGENCY AIRLIFT AND OTHER SUPPORT SEC. 301. AUTHORITY TO TRANSFER CERTAIN FUNDS TO PROVIDE EMERGENCY AIRLIFT AND OTHER SUPPORT. (a) FINDINGS.-The Congress finds (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 hostile, anti-American leaders 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 (46 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 and its republics. (b) AUTHORITY TO TRANSFER CERTAIN FUNDS.-Notwithstanding any other provision of law, the Secretary of Defense, at the direction of the President, shall be authorized during fiscal year 1992 to transfer sufficient funds from those appropriated to the Department of Defense for fiscal year 1992 to the extent provided in appropriations Acts, not to exceed $200,000,000,7 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, as determined by the President. Any funds which are transferred pursuant to this provision shall be drawn from the Operations and Maintenance or working capital accounts of those funds appropriated to the Department of Defense for fiscal year 1992. The Congress designates all funds in 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 in this section shall be available for obligation only the extent and only in the amount designated by the President, not later than the date of en The text shown here is the Secretary of the Senate version of H.R. 3807, as passed by the Senate on November 25, 1991. This section does not appear in written record of this bill as presented in the Congressional Record of November 25, 1991 (18003). 5 See sec. 108 of Public Law 102-229, page 1039. 6 The Secretary of the Senate version of this Senate-passed bill did not close this parentheses. 7 The text shown here is the Secretary of the Senate version of H.R. 3807, as passed by the Senate on November 25, 1991. This bill, as written in the Congressional Record of November 25, 1991 (18047), read "provided in the Appropriation Act, not to exceed $200 million," here. actment of this provision to be emergency funding requirements within the meaning of part C of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended. 9 (c) PRIOR NOTICE.-Before any funds are transferred for the purposes as authorized in subsection (b), the President shall notify the Committees on Armed Services of the Senate and House of Representatives, and the Committees on Appropriations of the Senate and 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. (d) REPORTS TO THE CONGRESS.-Within ten days of directing the Secretary of Defense to transfer funds pursuant to subsection (a), the President shall provide a report to the Committees on Armed Services of the Senate and House of Representatives, and the Committees on Appropriations of the Senate and House of Representatives, which shall at a minimum, set forth (1) the amount of funds transferred under this section, including the source of such funds; (2) the conditions which prompted the use of this authority; (3) the type and purpose of such assistance; and (4) the locations, organizations, and political institutions to which the assistance was delivered. (e) 10 SENSE OF THE SENATE.-It is the sense of the Senate that the conferees on H.J. Res. 157, the Dire Emergency Supplemental Appropriations Act for fiscal year 1992, should consider providing the necessary authority for the Secretary of Defense to obligated these funds in that Conference Agreement. The text shown here is the Secretary of the Senate version of H.R. 3807, as passed by the Senate on November 25, 1991. This bill, as written in the Congressional Record of November 25, 1991 (18047), read "to the❞ here. The text shown here is the Secretary of the Senate version of H.R. 3807, as passed by the Senate on November 25, 1991. This bill, as written in the Congressional Record of November 25, 1991 (18047), read "section" here. 10 The text shown here is the Secretary of the Senate version of H.R. 3807, as passed by the Senate on November 25, 1991. This subsection, as written in the Congressional Record of November 25, 1991 (18047) read as follows: "(e) It is the sense of the Senate that the conferees on H.J. Res. 157, the Dire Emergency Supplemental Appropriations Act for FY 1992, should consider providing the necessary authority for the Secretary of Defense to obligated these funds in that Conference Agreement.". 47-442 0-92- -34 5. Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 Title III of Public Law 102-182 [H.R. 1724], 105 Stat. 1222, approved December 4, 1992 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. SHORT TITLE. This title may be cited as the "Chemical and Biological Weapons Control and Warfare Elimination Act of 1991". SEC. 302. PURPOSES. The purposes of this title are— (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 1 22 U.S.C. 5601 note. 2 22 U.S.C. 5601. 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 meas ures (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 (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.— SEC. 305. SANCTIONS AGAINST CERTAIN FOREIGN PERSONS. (a) 6 AMENDMENT TO EXPORT ADMINISTRATION ACT.— * (b) 7 AMENDMENT TO ARMS EXPORT CONTROL ACT.— * SEC. 306.8 DETERMINATIONS REGARDING USE OF CHEMICAL OR BIOLOGICAL WEAPONS. (a) DETERMINATION BY THE PRESIDENT. (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 4 22 U.S.C. 5603. 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 1991, vol. III. 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 1991, vol. III. 7 Subsec. (b) added a new chapter 8 to the Arms Export Control Act; see Legislation on Foreign Relations Through 1991, vol. I. 822 U.S.C. 5604. |