Section 101 (22U.S.C. 2799aa). Prohibits foreign economic or military assistance to any country that the President determines delivers or receives nuclear enrichment material, materials or

technology.

Section 102 (22 U.S.C. 2799aa-1). Prohibits foreign economic or military assistance to countries that the President determines deliver or receive nuclear reprocessing equipment, material or technology to or from another country; or any non-nuclear weapon state which illegally exports from the United States items that would contribute to nuclear proliferation.

Export Administration Act of 1979 (EAA, P.L. 96-72)

Section 5 (50 U.S.C. app. 2404). Authorizes the President to curtail or prohibit the export of any goods or services for national security reasons.

Section 6 (50 U.S.C. app. 2405). Authorizes the President to curtail or prohibit the export of goods and services for foreign policy reasons.

Export Import Bank Act of 1945 (P.L. 79-173)

Section 2(b)(1)(B)(12 U.S.C. 635 (b)(1)(B)). This section provides that the Bank will deny applications for credit for nonfinancial, noncommercial considerations when the President determines it is in the U.S. national interest to deny credit to advance U.S. policies in international terrorism and nuclear proliferation.

Section 2(b)(4)(12 U.S.C. 635 (b)(4). Provides that the Secretary of State shall determine and report to Congress and to the Export-Import Bank Directors if any country has agreed to and violated IAEA safeguards or entered into a cooperation agreement with the United States concerning the use of civil nuclear energy but has violated, abrogated or terminated any guarantee or undertaking related to the agreement.

Nuclear Non-Proliferation Act of 1994. This bill strengthens penalties against those who transfer nuclear bomb designs and components and those countries that detonate nuclear devices.

Nunn-Lugar/Cooperative Threat Reduction Program Legislation. Congress approved funding to assist in the safe and secure storage and dismantlement of nuclear weapons in the Former Soviet States.

The Iran-Iraq Arms Non-proliferation Act of 1992. (Title XVI of P.L. 102-484, as amended, 50 U.S.C. 1701 note) This Act requires sanctions against any person who transfers goods and technology so as to contribute knowingly and materially to the efforts of Iran and Iraq to acquire

Iran Nonproliferation Act of 2000. (P.L. 106-178) This Act authorizes the imposition of penalties on countries whose companies provide assistance to Iran in the acquisition of WMD missile delivery systems.

4. Missile Technology Control Regime (MTCR)

Missile Technology Control Act of 1990 (P.L. 101-510) This Act became law in the 101st Congress (H.R. 4739, Title XVII of the National Defense Authorization Act for Fiscal Year1991, P.L. 101-510). It added chapter 7 to th Arms Export Control Act

The Arms Export Control Act (AECA, P.L. 90-629, 22 U.S.C. 2751 et seq.) Chapter 7 of the AECA requires the President to impose sanctions on U.S. and foreign individuals who improperly conduct trade in controlled missile technology.

The Export Administration Act of 1979. (EAA, sanctions 6 (1) and 11B, 50 U.S.C. app. 2405 and app. 2410b). The EAA requires controls on U.S. missile-related exports and sanctions against U.S. and foreign persons who improperly transfer dual-use goods and technology listed in the MTCR annex.

The Iran-Iraq Arms Non-proliferation Act of 1992. (Title XVI of P.L. 102-484, as amended, 50 U.S.C. 1701 note) This Act requires sanctions against any person who transfers goods and technology so as to contribute knowingly and materially to the efforts of Iran and Iraq to acquire WMD or destabilizing numbers of advanced conventional weapons.

Iran Nonproliferation Act of 2000. (P.L. 106-178) This Act authorizes the imposition of penalties on countries whose companies provide assistance to Iran in the acquisition of WMD missile delivery systems.

Foreign Assistance Act of 1961, Section 498(b). (22 U.S.C. 229a(b)) This section prohibits foreign assistance to any republic of the former Soviet Union if it has transferred missiles or missile technology to another state.

The FREEDOM Support Act (Title V, P.L. 102-511, 22 U.S.C. 5851) This provides authorization and funding for non-proliferation and disarmament activities, including support for the disarmament and destruction of nuclear, biological and chemical material and weapons and delivery systems and conventional weapons of the states of the former Soviet Union.

The Cooperative Threat Reduction Act of 1993. (Title XII, P.L. 103-160, as amended, 22 U.S.C. 5951 et seq.) The Nunn-Lugar Act authorizes and provides funds for the elimination of former

II

107TH CONGRESS 1ST SESSION

S. 673

To establish within the executive branch of the Government an interagency committee to review and coordinate United States nonproliferation efforts in the independent states of the former Soviet Union.

IN THE SENATE OF THE UNITED STATES

APRIL 2 (legislative day, MARCH 30), 2001

Mr. HAGEL (for himself, Mr. BIDEN, and Mr. LUGAR) introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs

A BILL

To establish within the executive branch of the Government an interagency committee to review and coordinate United States nonproliferation efforts in the independent states of the former Soviet Union.

1

Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the "Nonproliferation As

5 sistance Coordination Act of 2001”.

6 SEC. 2. FINDINGS.

2

(1) United States nonproliferation efforts in the independent states of the former Soviet Union have achieved important results in ensuring that weapons of mass destruction, weapons-usable material and technology, and weapons-related knowledge remain beyond the reach of terrorists and weapons-proliferating states;

(2) although these efforts are in the United States national security interest, the effectiveness of these efforts suffers from a lack of coordination

within and among United States Government agen

cies;

(3) increased spending and investment by the United States private sector on nonproliferation efforts in the independent states of the former Soviet Union, specifically, spending and investment by the United States private sector in job creation initiatives and proposals for unemployed Russian weapons scientists and technicians, is making an important contribution in ensuring that knowledge related to weapons of mass destruction remains beyond the reach of terrorists and weapons-proliferating states; and

(4) increased spending and investment by the United States private sector on nonproliferation ef

3

1

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3

4

5

6

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forts in the independent states of the former Soviet

Union requires the establishment of a coordinating

body to ensure that United States public and private

efforts are not in conflict, and to ensure that public spending on efforts by the independent states of the former Soviet Union is maximized to ensure effi

ciency and further United States national security

interests.

9 SEC. 3. INDEPENDENT STATES OF THE FORMER SOVIET

11 In this Act, the term "independent states of the 12 former Soviet Union" has the meaning given the term in 13 section 3 of the FREEDOM Support Act (22 U.S.C. 14 5801).

19

PENDENT STATES OF THE FORMER SOVIET

UNION.

(a) ESTABLISHMENT.-There is established within

20 the executive branch of the Government an interagency 21 committee known as the "Committee on Nonproliferation 22 Assistance to the Independent States of the Former Soviet 23 Union" (in this Act referred to as the "Committee”).