Page:United States Statutes at Large Volume 111 Part 2.djvu/871

 "'*p^K-^"^-'* '*'*. PUBLIC LAW 105-85—NOV. 18, 1997 111 STAT. 1951 SEC. 1303. ASSISTANCE FOR FACILITIES SUBJECT TO INSPECTION 50 USC 1525. UNDER THE CHEMICAL WEAPONS CONVENTION. (a) ASSISTANCE AUTHORIZED.— Upon the request of the owner or operator of a facility that is subject to a routine inspection or a challenge inspection under the Chemical Weapons Convention, the Secretary of Defense may provide technical assistance to that owner or operator related to compliance of that facility with the Convention. Any such assistance shall be provided through the On-Site Inspection Agency of the Department of Defense. (b) REIMBURSEMENT REQUIREMENT.—The Secretary may provide assistance under subsection (a) only to the extent that the Secretary determines that the Department of Defense will be reimbursed for costs incurred in providing the assistance. The United States National Authority may provide such reimbursement from amounts available to it. Any such reimbursement shall be credited to amounts available for the On-Site Inspection Agency. (c) DEFINITIONS.— In this section: (1) The terms "Chemical Weapons Convention" and "Convention" mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, ratified by the United States on April 25, 1997, and entered into force on April 29, 1997. (2) The term "facility that is subject to a routine inspection" means a declared facility, as defined in paragraph 15 of part X of the Annex on Implementation and Verification of the Convention. (3) The term "challenge inspection" means an inspection conducted under Article IX of the Convention. (4) The term "United States National Authority" means the United States National Authority established or designated pursuant to Article VII, paragraph 4, of the Convention. SEC. 1304. TRANSFERS OF AUTHORIZATIONS FOR HIGH-PRIORITY COUNTERPROLIFERATION PROGRAMS. (a) AUTHORITY. — (1) Subject to paragraph (2), the Secretary of Defense may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 1998 to any counterproliferation program, project, or activity described in subsection (b). (2) A transfer of authorizations may be made under this section only upon determination by the Secretary of Defense that such action is necessary in the national interest. (3) Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred. (b) PROGRAMS TO WHICH TRANFERS MAY BE MADE.—The authority under subsection (a) applies to any counterproliferation program, project, or activity of the Department of Defense identified as an area for progress in the most recent annual report of the Counterproliferation Program Review Committee established by section 1605 of the National Defense Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note). (c) LIMITATION ON TOTAL AMOUNT. —The total amount of authorizations transferred under the authority of this section may not exceed $50,000,000.

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