Such measures, if adopted and implemented, will contribute significantly to doing what none of the measures in the draft BWC Protocol would do: control access to dangerous pathogens, deter their misuse, punish those who misuse them, and alert states to their risks. Individually and collectively, they would establish powerful new tools to strengthen the BWC by enhancing our ability to prevent the development, production or acquisition of dangerous pathogens for illegal purposes. These benefits can be achieved quickly, since implementation does not depend on lengthy international negotiation.

Consultation and Cooperation (Article V)

The United States seeks to establish a mechanism for international investigations of suspicious disease outbreaks and/or alleged BW incidents. It would require Parties to accept international inspectors upon determination by the UN Secretary General that an inspection should take place. This would make investigations of such events more certain and timely. It would also allow us to acquire internationally what is likely to be the first hard evidence of either accidental or deliberate use of biological warfare agents and help ensure that any such event did not get covered up by the responsible parties.

We are also supportive of setting up a voluntary cooperative mechanism for clarifying and resolving compliance concerns by mutual consent, to include exchanges of information, voluntary visits, or other procedures to clarify and resolve doubts about compliance.

Assistance to Victims (Article VII) and Technical and Scientific Cooperation (Article X) Enhanced cooperation with the World Health Organization would be in everyone's interests. As we are aware, biosafety standards vary widely throughout the world. The United States strongly believes every country would benefit from adopting rigorous procedures, and therefore proposes that Parties adopt and implement strict biosafety procedures, based on WHO or equivalent national guidelines. Furthermore, we should enhance support of WHO's global disease surveillance and response capabilities. Parties could agree to provide rapid emergency medical and investigative assistance, if requested, in the event of a serious outbreak of infectious disease, and to indicate in advance what types of assistance they would be prepared to provide.

Restricting access and enhancing safety procedures for use of dangerous pathogens, strengthening international tools to detect serious illness and/or potential illegal use of biology and providing assurance of help in the event of a serious disease outbreak -- these measures all enhance collective security and collective well-being-- which is, after all, our ultimate objective. With the exception of the final measure, none of these measures was contemplated in the draft BWC Protocol.

The United States believes these proposals provide sound and effective ways to strengthen the Convention and the overall effort against biological weapons. These are measures State Parties can adopt now to make the world safer and proliferation more difficult. The choice is ours.

Review Conference Objectives

To preserve international unity in our efforts to fight against terrorism and WMD proliferation, we need to work together, and avoid procedural or tactical divisiveness during the Review Conference that may hinder reaching our mutual goal of combating the BW threat. We welcome all reactions to these ideas, and additional new ways to strengthen the BWC.

The time for "better than nothing" protocols is over. It is time for us to consider serious measures to address the BW threat. It is time to set aside years of diplomatic inertia. We will not be protected by a "Maginot treaty" approach to the BW threat. The United States asks the states assembled here to join us in forging a new and effective approach to combat the scourge of biological weapons. I have laid out serious proposals that the United States hopes will form the basis of this new approach. I ask that these proposals be endorsed in the Final Declaration.

By working together during this Review Conference, by exchanging ideas and proposals that will help us meet this critical challenge, I am confident this Convention can succeed in advancing the worldwide effort

Appendix B: U.S. Laws Affecting Weapons of Mass Destruction (WMD) Proliferation

1. Biological Weapons

Biological Weapons Convention (Title 10 U.S.C. 10) implements the BWC, providing criminal penalties for its violation. It does not amend the Export Administration Act or the Arms Export Control Act.

2. Chemical Weapons

Chemical Weapons Convention (22 U.S.C. 75) Implementing legislation for the CWC was introduced in the 103 Congress (S.2221/H.R.4849) and the 104th Congress S.1732). None was reported from committee. In th 105th Congress, implementing legislation was incorporated into the FY 1999 Omnibus Appropriations Act and signed into law October 20, 1998 (22 U.S.C. 75)

3. Nuclear Non-proliferation

The Atomic Energy Act of 1954 (AEA, P.L. 83-703, 42 U.S.C. 2011). The Atomic Energy Act of 1954 gave primary authority for the development and oversight of the U.S. government's nuclear program's to the Atomic Energy Agency, now the Nuclear Regulatory Agency. This Act is to promote research and development of nuclear energy while regulating the flow of military relevant information.

The Nuclear Non-Proliferation Act of 1978 (NNPA, P.L., 22 U.S.C. 3201). The NNPA clarified and strengthened U.S. non-proliferation policy and reaffirmed the U.S. commitment to be a reliable supplier of nuclear technology and nuclear fuels.

The Arms Export Control Act (AECA, P.L. 90-629, 22 U.S.C. 2751).

Section 30(f) (22 U.S.C. 2753(f) prohibits U.S. military sales or leases to any country that the President determines is in material breach of binding commitments to the U.S. regarding nonproliferation of nuclear explosive devices and unsafeguarded special nuclear material. Section 40 (22 U.S.C. 2780) prohibits exporting or otherwise providing munitions, financial assistance to facilitate transfer of munitions, granting eligibility status of such transfers, or otherwise facilitating the acquisition of munitions to a country the government of which has repeatedly provided support for international terrorism. Included in the definition of act of international terrorism are all activities the Secretary of State determines willfully aid or abet the international proliferation or nuclear explosive devices to individuals or groups or willfully aid or abet an individual or groups in acquiring unsafeguarded special nuclear material.

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 101* Congress (H.R. 4739, Title XVII of the National Defense Authorization Act for Fiscal Year 1991, 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 Representa2 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.