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,
TITLE II--SOVIET
WEAPONS DESTRUCTION
PART A--SHORT TITLE
SEC. 201. SHORT
TITLE.
This title
may be cited as the "Soviet Nuclear Threat Reduction Act of 1991".
PART B--FINDINGS
AND PROGRAM AUTHORITY
SEC. 211. NATIONAL
DEFENSE AND SOVIET WEAPONS DESTRUCTION.
(a) Findings.
--The Congress finds--
(1) that Soviet
President Gorbachev has requested Western help in dismantling nuclear
weapons, and President Bush has proposed United States cooperation on
the storage, transportation, dismantling, and destruction of Soviet
nuclear weapons;
(2) that the profound
changes underway in the Soviet Union pose three types of danger to nuclear
safety and stability, as follows: (A) ultimate disposition of nuclear
weapons among the Soviet Union, its republics, and any successor entities
that is not conducive to weapons safety or to international stability;
(B) seizure, theft, sale, or use of nuclear weapons or components; and
(C) transfers of weapons, weapons components, or weapons know-how outside
of the territory of the Soviet Union, its republics, and any successor
entities, that contribute to worldwide proliferation; and
(3) that it is
in the national security interests of the United States (A) to facilitate
on a priority basis the transportation, storage, safeguarding, and destruction
of nuclear and other weapons in the Soviet Union, its republics, and
any successor entities, and (B) to assist in the prevention of weapons
proliferation.
(b) Exclusions.--United
States assistance in destroying nuclear and other weapons under this
title may not be provided to the Soviet Union, any of its republics,
or any successor entity unless the President certifies to the Congress
that the proposed recipient is committed to--
(1) making a substantial
investment of its resources for dismantling or destroying such weapons;
(2) forgoing any
military modernization program that exceeds legitimate defense requirements
and forgoing the replacement of destroyed weapons of mass destruction;
(3) forgoing any
use of fissionable and other components of destroyed nuclear weapons
in new nuclear weapons;
(4) facilitating
United States verification of weapons destruction carried out under
section 212;
(5) complying with
all relevant arms control agreements; and
(6) observing internationally
recognized human rights, including the protection of minorities.
SEC. 212. AUTHORITY
FOR PROGRAM TO FACILITATE SOVIET WEAPONS DESTRUCTION.
(a) In General.--Notwithstanding
any other provision of law, the President, consistent with the findings
stated in section 211, may establish a program as authorized in subsection
(b) to assist Soviet weapons destruction. Funds for carrying out this
program shall be provided as specified in part C.
(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. 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 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
for use in reducing the Soviet military threat under part B.
(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, only in a program established
under part B.
(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) Determination
by Director of OMB.--No amount may be obligated for the program under
part B unless expenditures for that program 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 fiscal
year 1992 (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. 222. 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. 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 President to transfer funds pursuant to this title.
PART D--REPORTING
REQUIREMENTS
SEC. 231. 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. 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.
