b. Assistance to Eastern Europe and the Former Soviet Union NOTE. See also Legislation on Foreign (1) Emergency Airlift to the Soviet Union Partial text of Public Law 102-228 [Conventional Forces in Europe Treaty Implementation Act of 1991; 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 1.2 SHORT TITLE. This Act may be cited as the "Conventional Forces in Europe Treaty Implementation Act of 1991". TITLE III-EMERGENCY AIRLIFT AND OTHER SUPPORT SEC. 301.3 AUTHORITY TO TRANSFER CERTAIN FUNDS TO PROVIDE EMERGENCY AIRLIFT AND OTHER SUPPORT. (a) FINDINGS.-The Congress finds See also Legislation on Foreign Relations Through 1993, vol. II. 2 22 U.S.C. 2751 note. 3 While this section was enacted to authorize the transfer of funds for Soviet humanitarian assistance, Public Law 102-229 (105 Stat. 1701) originally referred to sec. 301 of H.R. 3807, as passed by the Senate on November 25, 1991, when it appropriated funds or transferred funds for that assistance. In a January 21, 1992, memorandum for the Secretary of Defense (57 F.R. 3111; January 28, 1992), the President also referred to sec. 301 of H.R. 3807, as passed by the Senate on November 25, 1991, when he directed the Secretary of Defense to make certain transfers, and delegated certain authorities and duties to the Secretary. Subsequently, sec. 1421(b) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2565) made technical corrections to Public Law 102-229 to omit references to H.R. 3807 and insert in lieu thereof references to this Act. (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 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. successor (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 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 Representatives, 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. (2) Soviet-Eastern European Education and Training Programs in the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 Partial text of Public Law 102-138 [H.R. 1415], 105 Stat. 647, approved October 28, 1991; amended by Public Law 102-511 [FREEDOM Support Act; S. 2532], 106 Stat. 3320, approved October 24, 1992 AN ACT To authorize appropriations for fiscal years 1992 and 1993 for the Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE II—UNITED STATES INFORMATIONAL, PART A-UNITED STATES INFORMATION AGENCY SEC. 210.1 CLAUDE AND MILDRED PEPPER SCHOLARSHIP PROGRAM. (a) PURPOSE.—It is the purpose of this section to provide Federal financial assistance to facilitate a program to enable high school and college students from emerging democracies, who are visiting the United States, to spend from one to two weeks in Washington, District of Columbia, observing and studying the workings and operations of the democratic form of government of the United States. (b) GRANTS.-The Director of the United States Information Agency is authorized to make grants to the Claude and Mildred Pepper Scholarship Program of the Washington Workshops Foundation to carry out the purpose specified in subsection (a). (c) 2 AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be appropriated $1,000,000 for fiscal year 1992 to carry out this section, of which not more than $500,000 is authorized to be available for obligation or expenditure during that fiscal year. Amounts appropriated pursuant to this subsection are authorized to be available until expended. 1 22 U.S.C. 2452 note. 2 The Department of State and Related Agencies Appropriations Act, 1993 (title V of Public Law 102-395; 106 Stat. 1870), provided under educational and cultural exchange programs, that "$200,000 shall be available for the Claude and Mildred Pepper Scholarship Program of the Washington Workshops Foundation”. |