SEC. 223.8 DIRE EMERGENCY SUPPLEMENTAL APPROPRIATIONS. It is the sense of the Senate that the committee of conference on House Joint Resolution 157 17 should consider providing the necessary authority in the conference agreement for the President to transfer funds pursuant to this title. PART D-REPORTING REQUIREMENTS SEC. 231.8. 10 PRIOR NOTICE OF OBLIGATIONS TO CONGRESS. Not less than 15 days before obligating any funds for a program under part B, the President shall transmit to the Congress a report on the proposed obligation. Each such report shall specify (1) the account, budget activity, and particular program or programs from which the funds proposed to be obligated are to be derived and the amount of the proposed obligation; and (2) the activities and forms of assistance under part B for which the President plans to obligate such funds. SEC. 232.8. 10 QUARTERLY REPORTS ON PROGRAM. Not later than 30 days after the end of each quarter of fiscal years 1992 and 1993, the President shall transmit to the Congress a report on the activities to reduce the Soviet military threat carried out under part B. Each such report shall set forth, for the preceding quarter and cumulatively, the following: (1) Amounts spent for such activities and the purposes for which they were spent. (2) The source of the funds obligated for such activities, stated specifically by program. (3) A description of the participation of the Department of Defense, and the participation of any other United States Government department or agency, in such activities. (4) A description of the activities carried out under part B and the forms of assistance provided under part B. (5) Such other information as the President considers appropriate to fully inform the Congress concerning the operation of the program under part B. TITLE III-EMERGENCY AIRLIFT AND OTHER SUPPORT SEC. 301.18 AUTHORITY TO TRANSFER CERTAIN FUNDS TO PROVIDE EMERGENCY AIRLIFT AND OTHER SUPPORT. (a) FINDINGS.-The Congress finds 17 See sec. 108 of H.J. Res. 157 (Public Law 102-229), page 1105. 18 In a January 21, 1992, memorandum for the Secretary of Defense (57 F.R. 3111; January 2 1992), the President, to meet requirements on funds appropriated by section 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 there in-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, pursu ant to the terms of the Balanced Budget and Emergency Deficit Control Act of 1985, as amend ed". The President further directed the Secretary of Defense to make certain transfers, and delegated certain authorities and duties to the Secretary as defined in section 301 of HR 3807 as passed by the Senate on November 25, 1991. H.R. 3807 was enacted into law as Public Law 102-228 on December 12, 1991. References to H.R. 3807 as passed by the Senate on November 25, 1991, in the corresponding appropriations Act, Public Law 102-229, were amended by Public Law 102-484 and Public Law 102-511 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 Treas ury. (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 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. (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 of the Senate and House of Representatives, the Committees on Appropriations of the Senate and House of Repre sentatives, and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. This report shall at a minimum, set forth (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, 20 ARMS CONTROL AND DISARMAMENT AGENCY. * * * (c) 21 ACDA REVITALIZATION.-Not later than December 15, 1992, the Inspector General of the Arms Control and Disarmament Agency (who serves also as the Inspector General of the Department of State) shall submit to the President, the Speaker of the House of Representatives, and the chairman of the Committee on Foreign Relations of the Senate a report with regard to the Agency's fulfillment of the primary functions described in section 2 of the Arms Control and Disarmament Act (22 U.S.C. 2551). Such report shall address the current ability and performance of the Agency in carrying out these functions and shall provide detailed recommendations for any changes in executive branch organization and direction needed to fulfill these primary functions. Within 60 days after submission of this report, the President shall submit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate comments on any recommendations contained in the report dealing with executive branch organization and direction. SEC. 402.20, 22 ON-SITE INSPECTION AGENCY. * 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)). See pages 1067 and 1074, respectively. 20 In signing this Law on December 12, 1991, the President stated, in part: "I have concerns over two provisions of the Act. Section 401(c) requires that the Inspector General of the United States Arms Control and Disarmament Agency submit a report on certain matters to the President, the Speaker of the House, and the Chairman of the Senate Foreign Relations Committee. Because prior review of executive branch reports is integral to the President's constitutional authority to supervise and control decision-making within the executive branch, H.R. 3807 shall not be interpreted to encroach upon that authority. "Section 402 requires additional congressional oversight of... OSIA activities. . . Expanding the review to include other committees of the House and Senate will unnecessarily burden the budget review and oversight process. The requested report and budget documentation for the Committees on Foreign Affairs and Foreign Relations will be submitted merely to provide notice." (Weekly compilation of Presidential Documents, December 16, 1991, page 1819). 21 22 U.S.C. 2551 note. 22 Sec. 402(a) amended secs. 61 and 64 of the Arms Control and Disarmament Act (22 U.S.C. 2595, 2595c); see page 1080. 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); see page 1081. 4. Soviet Nuclear Threat Reduction-Appropriations, Fiscal Year 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; 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 by Public Law 102-511 [FREEDOM Support Act, S. 2532], 106 Stat. 3320, approved October 24, 1992 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. (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 |