Text: H.R.3807 — 102nd Congress (1991-1992)All Information (Except Text)

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--H.R.3807--
H.R.3807
One Hundred Second Congress of the United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday, the third day of January,
one thousand nine hundred and ninety-one
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. SHORT TITLE.
 This Act may be cited as the `Conventional Forces in Europe Treaty
 Implementation Act of 1991'.
SEC. 2. AUTHORITY TO TRANSFER CERTAIN CFE TREATY-LIMITED EQUIPMENT TO NATO
MEMBERS.
 The Arms Export Control Act is amended by adding at the end the following:
`CHAPTER 9--TRANSFER OF CERTAIN CFE TREATY-LIMITED EQUIPMENT TO NATO MEMBERS
`SEC. 91. PURPOSE.
 `The purpose of this chapter is to authorize the President to support,
 consistent with the CFE Treaty, a NATO equipment transfer program that will--
 `(1) enhance NATO's forces,
 `(2) increase NATO standardization and interoperability, and
 `(3) better distribute defense burdens within the NATO alliance.
`SEC. 92. CFE TREATY OBLIGATIONS.
 `The authorities provided in this chapter shall be exercised consistent
 with the obligations incurred by the United States in connection with the
 CFE Treaty.
`SEC. 93. AUTHORITIES.
 `(a) GENERAL AUTHORITY- The President may transfer to any NATO/CFE country,
 in accordance with NATO plans, defense articles--
 `(1) that are battle tanks, armoured combat vehicles, or artillery included
 within the CFE Treaty's definition of `conventional armaments and equipment
 limited by the Treaty';
 `(2) that were, as of the date of signature of the CFE Treaty, in the
 stocks of the Department of Defense and located in the CFE Treaty's area
 of application; and
 `(3) that the President determines are not needed by United States military
 forces within the CFE Treaty's area of application.
 `(b) ACCEPTANCE OF NATO ASSISTANCE IN ELIMINATING DIRECT COSTS OF TRANSFERS-
 In order to eliminate direct costs of facilitating transfers of defense
 articles under subsection (a), the United States may utilize services
 provided by NATO or any NATO/CFE country, including inspection, repair,
 or transportation services with respect to defense articles so transferred.
 `(c) ACCEPTANCE OF NATO ASSISTANCE IN MEETING CERTAIN UNITED STATES
 OBLIGATIONS- In order to facilitate United States compliance with the CFE
 Treaty-mandated obligations for destruction of conventional armaments and
 equipment limited by the CFE Treaty, the United States may utilize services
 or funds provided by NATO or any NATO/CFE country.
 `(d) AUTHORITY TO TRANSFER ON A GRANT BASIS- Defense articles may be
 transferred under subsection (a) without cost to the recipient country.
 `(e) THIRD COUNTRY TRANSFERS RESTRICTIONS- For purposes  of sections 3(a)(2),
 3(a)(3), 3(c), and 3(d) of this Act, defense articles transferred under
 subsection (a) of this section shall be deemed to have been sold under
 this Act.
 `(f) MAINTENANCE OF MILITARY BALANCE IN THE EASTERN MEDITERRANEAN- The
 President shall ensure that transfers by the United States under subsection
 (a), taken together with transfers by other NATO/CFE countries in implementing
 the CFE Treaty, are of such valuations so as to be consistent with the
 United States policy, embodied in section 620C of the Foreign Assistance
 Act of 1961, of maintaining the military balance in the Eastern Mediterranean.
 `(g) EXPIRATION OF AUTHORITY-
 `(1) IN GENERAL- Except as provided in paragraph (2), the authority of
 subsection (a) expires at the end of the 40-month period beginning on the
 date on which the CFE Treaty enters into force.
 `(2) TRANSITION RULE- Paragraph (1) does not apply with respect to a
 transfer of defense articles for which notification under section 94(a)
 is submitted before the end of the period described in that paragraph.
`SEC. 94. NOTIFICATIONS AND REPORTS TO CONGRESS.
 `(a) NOTIFICATIONS- Not less than 15 days before transferring any defense
 articles pursuant to section 93(a), the President shall notify the Committee
 on Foreign Affairs of the House of Representatives and the Committee on
 Foreign Relations of the Senate in accordance with the procedures applicable
 to reprogramming notifications pursuant to section 634A of the Foreign
 Assistance Act of 1961.
 `(b) ANNUAL REPORTS- Not later than February 1 each year, the President
 shall submit to the Committee on Foreign Affairs and the Committee on
 Armed Services of the House of Representatives and the Committee on Foreign
 Relations and the Committee on Armed Services of the Senate a report that--
 `(1) lists all transfers made to each recipient NATO/CFE country by the
 United States under section 93(a) during the preceding calendar year;
 `(2) describes how those transfers further the purposes described in
 paragraphs (1) through (3) of section 91; and
 `(3) lists, on a country-by-country basis, all transfers to another country
 of conventional armaments and equipment limited by the CFE Treaty--
 `(A) by each NATO/CFE country (other than the United States) in implementing
 the CFE Treaty, and
 `(B) by each Warsaw Pact country in implementing the CFE Treaty.
`SEC. 95. DEFINITIONS.
 `As used in this chapter--
 `(1) the term `CFE Treaty' means the Treaty on Conventional Armed Forces
 in Europe (signed at Paris, November 19, 1990);
 `(2) the term `conventional armaments and equipment limited by the CFE Treaty'
 has the same meaning as the term `conventional armaments and equipment limited
 by the Treaty' does under paragraph 1(J) of article II of the CFE Treaty;
 `(3) the term `NATO' means the North Atlantic Treaty Organization;
 `(4) the term `NATO/CFE country' means a member country of NATO that is a
 party to the CFE Treaty and is listed in paragraph 1(A) of article II of
 the CFE Treaty within the group of States Parties that signed or acceded
 to the Treaty of Brussels of 1948 or the Treaty of Washington of 1949
 (the North Atlantic Treaty); and
 `(5) the term `Warsaw Pact country' means a country that is listed in
 paragraph 1(A) of article II of the CFE Treaty within the group of States
 Parties that signed the Treaty of Warsaw of 1955.'.
TITLE II--SOVIET WEAPONS DESTRUCTION
PART A--SHORT TITLE
SEC. 201. SHORT TITLE.
 This title may be cited as the `Soviet Nuclear Threat Reduction Act of 1991'.
PART B--FINDINGS AND PROGRAM AUTHORITY
SEC. 211. NATIONAL DEFENSE AND SOVIET WEAPONS DESTRUCTION.
 (a) FINDINGS- The Congress finds--
 (1) that Soviet President Gorbachev has requested Western help in dismantling
 nuclear weapons, and President Bush has proposed United States cooperation
 on the storage, transportation, dismantling, and destruction of Soviet
 nuclear weapons;
 (2) that the profound changes underway in the Soviet Union pose three
 types of danger to nuclear safety and stability, as follows: (A) ultimate
 disposition of nuclear weapons among the Soviet Union, its republics,
 and any successor entities that is not conducive to weapons safety or
 to international stability; (B) seizure, theft, sale, or use of nuclear
 weapons or components; and (C) transfers of weapons, weapons components, or
 weapons know-how outside of the territory of the Soviet Union, its republics,
 and any successor entities, that contribute to worldwide proliferation; and
 (3) that it is in the national security interests of the United States (A)
 to facilitate on a priority basis the transportation, storage, safeguarding,
 and destruction of nuclear and other weapons in the Soviet Union, its
 republics, and any successor entities, and (B) to assist in the prevention
 of weapons proliferation.
 (b) EXCLUSIONS- United States assistance in destroying nuclear and other
 weapons under this title may not be provided to the Soviet Union, any of
 its republics, or any successor entity unless the President certifies to
 the Congress that the proposed recipient is committed to--
 (1) making a substantial investment of its resources for dismantling or
 destroying such weapons;
 (2) forgoing any military modernization program that exceeds legitimate
 defense requirements and forgoing the replacement of destroyed weapons of
 mass destruction;
 (3) forgoing any use of fissionable and other components of destroyed
 nuclear weapons in new nuclear weapons;
 (4) facilitating United States verification of weapons destruction carried
 out under section 212;
 (5) complying with all relevant arms control agreements; and
 (6) observing internationally recognized human rights, including the
 protection of minorities.
SEC. 212. AUTHORITY FOR PROGRAM TO FACILITATE SOVIET WEAPONS DESTRUCTION.
 (a) IN GENERAL- Notwithstanding any other provision of law, the President,
 consistent with the findings stated in section 211, may establish a program
 as authorized in subsection (b) to assist Soviet weapons destruction. Funds
 for carrying out this program shall be provided as specified in part C.
 (b) TYPE OF PROGRAM- The program under this section shall be limited to
 cooperation among the United States, the Soviet Union, its republics, and
 any successor entities to (1) destroy nuclear weapons, chemical weapons,
 and other weapons, (2) transport, store, disable, and safeguard weapons in
 connection with their destruction, and (3) establish verifiable safeguards
 against the proliferation of such weapons. Such cooperation may involve
 assistance in planning and in resolving technical problems associated with
 weapons destruction and proliferation. Such cooperation may also involve the
 funding of critical short-term requirements related to weapons destruction
 and should, to the extent feasible, draw upon United States technology and
 United States technicians.
PART C--ADMINISTRATIVE AND FUNDING AUTHORITIES
SEC. 221. ADMINISTRATION OF NUCLEAR THREAT REDUCTION PROGRAMS.
 (a) Funding-
 (1) TRANSFER AUTHORITY- The President may, to the extent provided in an
 appropriations Act or joint resolution, transfer to the appropriate defense
 accounts from amounts appropriated to the Department of Defense for fiscal
 year 1992 for operation and maintenance or from balances in working capital
 accounts established under section 2208 of title 10, United States Code,
 not to exceed $400,000,000 for use in reducing the Soviet military threat
 under part B.
 (2) LIMITATION- Amounts for transfers under paragraph (1) may not be derived
 from amounts appropriated for any activity of the Department of Defense
 that the Secretary of Defense determines essential for the readiness of
 the Armed Forces, including amounts for--
 (A) training activities; and
 (B) depot maintenance activities.
 (b) DEPARTMENT OF DEFENSE- The Department of Defense shall serve as the
 executive agent for any program established under part B.
 (c) REIMBURSEMENT OF OTHER AGENCIES- The Secretary of Defense may reimburse
 other United States Government departments and agencies under this section
 for costs of participation, as directed by the President, only in a program
 established under part B.
 (d) CHARGES AGAINST FUNDS- The value of any material from existing stocks
 and inventories of the Department of Defense, or any other United States
 Government department or agency, that is used in providing assistance
 under part B to reduce the Soviet military threat may not be charged
 against funds available pursuant to subsection (a) to the extent that the
 material contributed is directed by the President to be contributed without
 subsequent replacement.
 (e) DETERMINATION BY DIRECTOR OF OMB- No amount may be obligated for the
 program under part B unless expenditures for that program have been determined
 by the Director of the Office of Management and Budget to be counted against
 the defense category of the discretionary spending limits for fiscal year
 1992 (as defined in section 601(a)(2) of the Congressional Budget Act of
 1974) for purposes of part C of the Balanced Budget and Emergency Deficit
 Control Act of 1985.
SEC. 222. REPAYMENT ARRANGEMENTS.
 (a) REIMBURSEMENT ARRANGEMENTS- Assistance provided under part 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.
 (b) 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 section 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.
SEC. 223. 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 President to transfer funds pursuant to
 this title.
PART D--REPORTING REQUIREMENTS
SEC. 231. PRIOR NOTICE OF OBLIGATIONS TO CONGRESS.
 Not less than 15 days before obligating any funds for a program under part
 B, the President shall transmit to the Congress a report on the proposed
 obligation. Each such report shall specify--
 (1) the account, budget activity, and particular program or programs from
 which the funds proposed to be obligated are to be derived and the amount
 of the proposed obligation; and
 (2) the activities and forms of assistance under part B for which the
 President plans to obligate such funds.
SEC. 232. QUARTERLY REPORTS ON PROGRAM.
 Not later than 30 days after the end of each quarter of fiscal years
 1992 and 1993, the President shall transmit to the Congress a report on
 the activities to reduce the Soviet military threat carried out under
 part B. Each such report shall set forth, for the preceding quarter and
 cumulatively, the following:
 (1) Amounts spent for such activities and the purposes for which they
 were spent.
 (2) The source of the funds obligated for such activities, stated specifically
 by program.
 (3) A description of the participation of the Department of Defense, and the
 participation of any other United States Government department or agency,
 in such activities.
 (4) A description of the  activities carried out under part B and the forms
 of assistance provided under part B.
 (5) Such other information as the President considers appropriate to fully
 inform the Congress concerning the operation of the program under part B.
TITLE III--EMERGENCY AIRLIFT AND OTHER SUPPORT
SEC. 301. AUTHORITY TO TRANSFER CERTAIN FUNDS TO PROVIDE EMERGENCY AIRLIFT
AND OTHER SUPPORT.
 (a) FINDINGS- The Congress finds--
 (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 successor 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.
 (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 Commitees 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.
TITLE IV--ARMS CONTROL AND DISARMAMENT ACT
SEC. 401. ARMS CONTROL AND DISARMAMENT AGENCY.
 (a) AUTHORIZATION OF APPROPRIATIONS- Section 49(a) of the Arms Control and
 Disarmament Act (22 U.S.C. 2589(a)) is amended--
 (1) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2),
 respectively;
 (2) in paragraph (1) as so redesignated, by striking out `$36,000,000 for
 the fiscal year 1990 and $37,316,000 for the fiscal year 1991' and inserting
 in lieu thereof `$44,527,000 for fiscal year 1992 and $45,862,810 for fiscal
 year 1993'; and
 (3) in paragraph (2) as so redesignated, by striking out `fiscal years
 1990 and 1991' and inserting in lieu thereof `each fiscal year for which
 an authorization of appropriations is provided in paragraph (1)'.
 (b) ADMINISTRATIVE AUTHORITIES REGARDING INVESTIGATIONS- Section 41 of that
 Act (22 U.S.C. 2581) is amended--
 (1) by redesignating paragraphs (h) and (i) as paragraphs (i) and (j),
 respectively; and
 (2) by inserting after paragraph (g) the following new paragraph (h):
 `(h) administer oaths and take sworn statements in the course of an
 investigation made pursuant to the Director's responsibilities under
 this Act;'.
 (c) ACDA REVITALIZATION- Not later than December 15, 1992, the Inspector
 General of the Arms Control and Disarmament Agency (who serves also as
 the Inspector General of the Department of State) shall submit to the
 President, the Speaker of the House of Representatives, and the chairman
 of the Committee on Foreign Relations of the Senate a report with regard to
 the Agency's fulfillment of the primary functions described in section 2 of
 the Arms Control and Disarmament Act (22 U.S.C. 2551). Such report shall
 address the current ability and performance of the Agency in carrying out
 these functions and shall provide detailed recommendations for any changes
 in executive branch organization and direction needed to fulfill these
 primary functions. Within 60 days after submission of this report, the
 President shall submit to the Speaker of the House of Representatives and
 the chairman of the Committee on Foreign Relations of the Senate comments
 on any recommendations contained in the report dealing with executive branch
 organization and direction.
SEC. 402. ON-SITE INSPECTION AGENCY.
 (a) RESPONSIBILITIES OF THE ON-SITE INSPECTION AGENCY-
 (1) ADDITIONAL RESPONSIBILITIES- Section 61 of the Arms Control and
 Disarmament Act (22 U.S.C. 2595) is amended--
 (A) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7),
 respectively; and
 (B) by inserting after paragraph (4) the following new paragraph:
 `(5) the On-Site Inspection Agency has additional responsibilities to
 those specified in paragraph (4), including the monitoring of nuclear
 tests pursuant to the Threshold Test Ban Treaty and the Peaceful Nuclear
 Explosions Treaty and the monitoring of the inspection provisions of such
 additional arms control agreements as the President may direct;'.
 (2) CONFORMING AMENDMENTS TO DEFINITIONS- Section 64 of that Act (22
 U.S.C. 2595c) is amended--
 (A) by striking out `and' at the end of paragraph (1);
 (B) by striking out the period at the end of paragraph (2) and inserting
 in lieu thereof a semicolon; and
 (C) by adding after paragraph (2) the following:
 `(3) the term `Peaceful Nuclear Explosions Treaty' means the Treaty Between
 the United States of America and the Union of Soviet Socialist Republics on
 Underground Nuclear Explosions for Peaceful Purposes (signed at Washington
 and Moscow, May 28, 1976); and
 `(4) the term `Threshold Test Ban Treaty' means the Treaty Between the
 United States of America and the Union of Soviet Socialist Republics on
 the Limitation of Underground Nuclear Weapons Tests (signed at Moscow,
 July 3, 1974).'.
 (b) IMPROVING CONGRESSIONAL OVERSIGHT OF ON-SITE INSPECTION ACTIVITIES-
 Title V of that Act is amended--
 (1) by redesignating section 64 as section 65; and
 (2) by inserting after section 63 the following:
`SEC. 64. IMPROVING CONGRESSIONAL OVERSIGHT OF ON-SITE INSPECTION ACTIVITIES.
 `(a) REPORT FROM THE PRESIDENT- Concurrent with the submission to the Congress
 of the request for authorization of appropriations for OSIA for fiscal
 year 1993, the President shall submit a report on OSIA to the Committee on
 Foreign Affairs of the House of Representatives, the Committee on Foreign
 Relations of the Senate, and the Committees on Armed Services of the House
 of Representatives and Senate. The report shall include a review of--
 `(1) the history of OSIA, including how, when, and under what auspices it was
 established, including the applicable texts of the relevant executive orders;
 `(2) the missions and tasks assigned to OSIA to date;
 `(3) any additional missions and tasks likely to be assigned to OSIA during
 fiscal year 1993;
 `(4) the budgetary history of OSIA; and
 `(5) the extent to which OSIA plays a role in arms control policy formulation
 and operational implementation.
 `(b) REVIEW OF CERTAIN REPROGRAMMING NOTIFICATIONS- Any notification
 submitted to the Congress with respect to a proposed transfer, reprogramming,
 or reallocation of funds from or within the budget of OSIA shall also be
 submitted to the Committee on Foreign Affairs of the House of Representatives
 and the Committee on Foreign Relations of the Senate, and shall be subject
 to review by those committees.'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.