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9400614 [Congress and Russia]
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28272268
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9400614 [Congress and Russia]
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Case Number: 2015-0183-S MR MARKER This is not a textual record. This is used as an administrative marker by the Clinton Presidential Library Staff. Original OA/ID Number: 2282 Document ID: 9400614 Row: Section: Shelf: Position: Stack: 46 1 5 1 V UNCLASSIFIED RECORD ID: 9400614 NSC/RMO PROFILE RECEIVED: 26 JAN 94 16 TO: PRESIDENT CHRON FILE FROM: LAKE DOC DATE: 27 JAN 94 SOURCE REF: KEYWORDS: RUSSIA UKRAINE BELGIUM KAZAKHSTAN LEGAL ISSUES CONGRESSIONAL PERSONS: SUBJECT: DELEGATION OF RESPONSIBILITY UNDER SECTION 1203-1207 OF TITLE X11 OF NATL DEFENSE AUTHORIZATION ACT OF TY 1994 NUNN LUGAR PROVISIONS ACTION: PRESIDENT SGD PER WH EXEC CLERK DUE DATE: 29 JAN 94 STATUS: C STAFF OFFICER: GOTTEMOELLER LOGREF: FILES: PA NSCP: CODES: DOCUMENT DISTRIBUTION FOR ACTION FOR CONCURRENCE FOR INFO BURNS GOTTEMOELLER NSC CHRON COMMENTS: DISPATCHED BY DATE BY HAND W/ATTCH OPENED BY: NSGP CLOSED BY: NSJDA DOC 2 OF 2 UNCLASSIFIED UNCLASSIFIED RECORD ID: 9400614 ACTION DATA SUMMARY REPORT DOC ACTION OFFICER CAO ASSIGNED ACTION REQUIRED 001 LAKE Z 94012717 FWD TO PRESIDENT FOR SIG 002 PRESIDENT Z 94012712 FOR SIGNATURE 002 X 94020115 PRESIDENT SGD PER WH EXEC CLERK UNCLASSIFIED Kecd '127 5:25pm National Security Council The White House PROOFED BY: 4SK LOG # 0614 URGENT NOT PROOFED: SYSTEM PRS NSC INT BYPASSED WW DESK: DOCLOG 40K A/O Bow SEQUENCE TO HAS SEEN DISPOSITION DepExecSec ) hak A ExecSec Staff Director 2 D/APNSA MN APNSA 3 Nati Sec Advisor has seen Situation Room West Wing Desk I 5 B1/31 NSC Secretariat R A = Action I = Information D = Dispatch R = Retain N = No Further Action CC: VP GottemoelerV COMMENTS: wants this a. DISPATCH INSTRUCTION get AS ay ever it soon of from Clerk as 83/31 we ( ExecSec + 0614 THE WHITE HOUSE WASHINGTON January 27, 1994 ACTION MEMORANDUM FOR THE PRESIDENT FROM: ANTHONY LAKE SUBJECT: Delegation of Responsibilities under Sections 1203-1207 of Title XII of the National Defense Authorization Act for Fiscal Year 1994 -- the "Nunn-Lugar Provisions" Purpose The letter attached at Tab A delegates certain responsibilities under the Cooperative Threat Reduction Act of 1993. These responsibilities were delegated to the Secretaries of State and Defense in FY 92 and FY 93; the attached memorandum continues this practice. Background Title XII of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160) is entitled the Cooperative Threat Reduction Act of 1993 often referred to as Nunn-Lugar assistance for dismantlement of strategic nuclear weapons and related projects in Russia, Ukraine, Belarus and Kazakhstan. Title XII assigns certain responsibilities to the President. The attached memorandum would delegate these responsibilities as follows: To the Secretary of State: Certification that recipient states are complying with standards of behavior specified in Section 1203 (d) of Title XII. To the Secretary of Defense: Certification that the programs of assistance under this act directly contribute to the national security interests of the U.S. (Section 1203 (a) ) ; designation of a Demilitarization Enterprise Fund (Section 1204) ; notification to Congress 15 days prior to making an obligation under the Act (Section 1206) ; preparation of semi-annual reports to Congress on assistance granted under the Act (Section 1207) In addition, the attached memorandum directs that the Secretary of Defense may not obligate funds under Title XII unless the Director of OMB determines that resulting expenditures will be scored as discretionary spending in the national defense function (050). CC: Vice President Chief of Staff 2 RECOMMENDATION That you sign the memorandum at Tab A. Attachment Tab A Memorandum delegating responsibilities for "Nunn-Lugar provisions". MEMORANDUM FOR: THE SECRETARY OF STATE THE SECRETARY OF DEFENSE THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET SUBJECT: Delegation of Responsibilities under Sections 1203-1207 of Title XII of Public Law 103-160 By the authority vested in me by the Constitution and the laws of the United States of America, including section 301 of title 3 of the United States Code, I hereby delegate: 1. to the Secretary of State the authority and duty vested in the President under section 1203 (d) of the Cooperative Threat Reduction Act of 1993, Title XII of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160); 2. to the Secretary of Defense the authorities and duties vested in the President under sections 1203a, 1204, 1206, and 1207 of Public Law 103-160. The Secretary of Defense shall not exercise authority delegated by paragraph 2 hereof with respect to any former Soviet republic unless the Secretary of State has exercised his authority and performed the duty delegated by paragraph 1 hereof, as applicable, with respect to that former Soviet Republic. The Secretary of Defense shall not obligate funds in exercise of authority delegated by paragraph 2 hereof unless the Director of the Office of Management and Budget has made the determination that expenditures are to be counted as discretionary spending in the national defense function (050), as applicable to the funds to be transferred. The Secretary of State is directed to publish this memorandum in the Federal Register. 0614 NATIONAL SECURITY COUNCIL WASHINGTON D.C. 20506 January 26, 1994 ACTION MEMORANDUM FOR ANTHONY LAKE THROUGH: NICHOLAS BURNS NB FROM: ROSE GOTTEMOELLER 1/29/94 SUBJECT: Delegation of Responsibilities under the Cooperative Threat Reduction Act Title XII of the National Defense Authorization Act for Fiscal Year 1994 is entitled the Cooperative Threat Reduction Act of 1993. It covers the Nunn-Lugar programs of assistance to Russia, Ukraine, Belarus and Kazakhstan for nuclear and chemical weapon dismantlement, nuclear material storage and accounting, defense conversion, reactor safety and related projects. Since the program's inception in FY 92, certain of the President's responsibilities under Title XII have been routinely delegated to the Secretaries of State and Defense. These have to do with certifications to Congress (e.g. concerning each country's commitment to implement arms control agreements) and notifications of funding obligations before they are communicated to the relevant governments. The responsibility being newly delegated this year is the one- time establishment of a Demilitarization Enterprise Fund, which will fund enterprises that are converting from defense production. The fund, originally proposed by Secretary-designate Perry, will complement our other enterprise funds and is supported by all agencies. We are finishing the certifications for FY 94 that are routinely prepared by the State Department. They must be sent to Congress by January 31, so the memorandum delegating responsibility for the certifications should be signed by the President prior to that date. It would be helpful if the memorandum could be signed and sent to the State and Defense Departments and OMB by Friday, January 28. Concurrences by: Neal wolin,"EO Gordon Adams RECOMMENDATION That you sign the memorandum to the President at Tab I. 2 Attachments Tab I Memorandum to the President Tab A Memorandum delegating responsibilities