24 September 1998
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

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[Congressional Record: September 22, 1998 (House)]
[Page H8148-H8198]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr22se98-24]
 
[[pp. H8148-H8198]] CONFERENCE REPORT ON H.R. 3616
                    [National Defense Authorization Act for 1999]

[Snip]


  TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER 
                              SOVIET UNION

Sec. 1301. Specification of Cooperative Threat Reduction Programs and 
              funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for specified purposes.
Sec. 1304. Limitation on use of funds for chemical weapons destruction 
              activities in Russia.
Sec. 1305. Limitation on use of funds for biological weapons 
              proliferation prevention activities in Russia.
Sec. 1306. Cooperative counter proliferation program.
Sec. 1307. Requirement to submit summary of amounts requested by 
              project category.
Sec. 1308. Report on biological weapons programs in Russia.
Sec. 1309. Report on individuals with expertise in former Soviet 
              weapons of mass destruction programs.

     SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 
                   PROGRAMS AND FUNDS.

       (a) Specification of CTR Programs.--(1) For purposes of 
     section 301 and other provisions of this Act, Cooperative 
     Threat Reduction programs are the programs specified in 
     section 1501(b) of the National Defense Authorization Act for 
     Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 
     U.S.C. 2362 note) (as amended by paragraph (2)).
       (2) Section 1501(b)(3) of such Act is amended by inserting 
     ``materials, '' after ``components,''.
       (b) Fiscal Year 1999 Cooperative Threat Reduction Funds 
     Defined.--As used in this title, the term ``fiscal year 1999 
     Cooperative Threat Reduction funds'' means the funds 
     appropriated pursuant to the authorization of appropriations 
     in section 301 for Cooperative Threat Reduction programs.
       (c) Availability of Funds.--Funds appropriated pursuant to 
     the authorization of appropriations in section 301 for 
     Cooperative Threat Reduction programs shall be available for 
     obligation for three fiscal years.

     SEC. 1302. FUNDING ALLOCATIONS.

       (a) Funding for Specific Purposes.--Of the amounts 
     authorized to be appropriated to the Department of Defense 
     for fiscal year 1999 in section 301(23), $440,400,000 shall 
     be available to carry out Cooperative Threat Reduction 
     programs, of which not more than the following amounts may 
     be obligated for the purposes specified:
       (1) For strategic offensive arms elimination in Russia, 
     $142,400,000.
       (2) For strategic nuclear arms elimination in Ukraine, 
     $47,500,000.
       (3) For activities to support warhead dismantlement 
     processing in Russia, $9,400,000.
       (4) For activities associated with chemical weapons 
     destruction in Russia, $88,400,000.
       (5) For weapons transportation security in Russia, 
     $10,300,000.
       (6) For planning, design, and construction of a storage 
     facility for Russian fissile material, $60,900,000.
       (7) For weapons storage security in Russia, $41,700,000.
       (8) For development of a cooperative program with the 
     Government of Russia to eliminate the production of weapons 
     grade plutonium at Russian reactors, $29,800,000.
       (9) For biological weapons proliferation prevention 
     activities in Russia, $2,000,000.
       (10) For activities designated as Other Assessments/
     Administrative Support $8,000,000.

[[Page H8166]]

       (b) Limited Authority To Vary Individual Amounts.--(1) If 
     the Secretary of Defense determines that it is necessary to 
     do so in the national interest, the Secretary may, subject to 
     paragraphs (2) and (3), obligate amounts for the purposes 
     stated in any of the paragraphs of subsection (a) in excess 
     of the amount specified for those purposes in that paragraph. 
     However, the total amount obligated for the purposes stated 
     in the paragraphs in subsection (a) may not by reason of the 
     use of the authority provided in the preceding sentence 
     exceed the sum of the amounts specified in those paragraphs.
       (2) An obligation for the purposes stated in any of the 
     paragraphs in subsection (a) in excess of the amount 
     specified in that paragraph may be made using the authority 
     provided in paragraph (1) only after--
       (A) the Secretary submits to Congress notification of the 
     intent to do so together with a complete discussion of the 
     justification for doing so; and
       (B) 15 days have elapsed following the date of the 
     notification.
       (3) The Secretary may not, under the authority provided in 
     paragraph (1), obligate amounts appropriated for the purposes 
     stated in any of paragraphs (3) through (10) of subsection 
     (a) in excess of 115 percent of the amount stated in those 
     paragraphs.

     SEC. 1303. PROHIBITION ON USE OF FUNDS FOR SPECIFIED 
                   PURPOSES.

       (a) In General.--No fiscal year 1999 Cooperative Threat 
     Reduction funds, and no funds appropriated for Cooperative 
     Threat Reduction programs for any prior fiscal year and 
     remaining available for obligation, may be obligated or 
     expended for any of the following purposes:
       (1) Conducting with Russia any peacekeeping exercise or 
     other peacekeeping-related activity.
       (2) Provision of housing.
       (3) Provision of assistance to promote environmental 
     restoration.
       (4) Provision of assistance to promote job retraining.
       (b) Limitation With Respect to Defense Conversion 
     Assistance.--None of the funds appropriated pursuant to this 
     Act may be obligated or expended for the provision of 
     assistance to Russia or any other state of the former Soviet 
     Union to promote defense conversion.

     SEC. 1304. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS 
                   DESTRUCTION ACTIVITIES IN RUSSIA.

       (a) Limitation.--Subject to the limitation in section 
     1405(b) of the National Defense Authorization Act for Fiscal 
     Year 1998 (Public Law 105-85; 111 Stat. 1961), no funds 
     authorized to be appropriated for Cooperative Threat 
     Reduction programs under this Act or any other Act may be 
     obligated or expended for chemical weapons destruction 
     activities in Russia (including activities for the 
     planning, design, or construction of a chemical weapons 
     destruction facility or for the dismantlement of an 
     existing chemical weapons production facility) until the 
     President submits to Congress a written certification 
     described in subsection (b).
       (b) Presidential Certification.--A certification under this 
     subsection is either of the following certifications by the 
     President:
       (1) A certification that--
       (A) Russia is making reasonable progress toward the 
     implementation of the Bilateral Destruction Agreement;
       (B) the United States and Russia have made substantial 
     progress toward the resolution, to the satisfaction of the 
     United States, of outstanding compliance issues under the 
     Wyoming Memorandum of Understanding and the Bilateral 
     Destruction Agreement; and
       (C) Russia has fully and accurately declared all 
     information regarding its unitary and binary chemical 
     weapons, chemical weapons facilities, and other facilities 
     associated with chemical weapons.
       (2) A certification that the national security interests of 
     the United States could be undermined by a policy of the 
     United States not to carry out chemical weapons destruction 
     activities under Cooperative Threat Reduction programs for 
     which funds are authorized to be appropriated under this Act 
     or any other Act for fiscal year 1999.
       (b) Definitions.--In this section:
       (1) The term ``Bilateral Destruction Agreement'' means the 
     Agreement Between the United States of America and the Union 
     of Soviet Socialist Republics on Destruction and Non-
     production of Chemical Weapons and on Measures to Facilitate 
     the Multilateral Convention on Banning Chemical Weapons 
     signed on June 1, 1990.
       (2) The term ``Wyoming Memorandum of Understanding'' means 
     the Memorandum of Understanding Between the Government of the 
     United States of America and the Government of the Union of 
     Soviet Socialist Republics Regarding a Bilateral Verification 
     Experiment and Data Exchange Related to Prohibition on 
     Chemical Weapons, signed at Jackson Hole, Wyoming, on 
     September 23, 1989.

     SEC. 1305. LIMITATION ON USE OF FUNDS FOR BIOLOGICAL WEAPONS 
                   PROLIFERATION PREVENTION ACTIVITIES IN RUSSIA.

       No fiscal year 1999 Cooperative Threat Reduction funds may 
     be obligated or expended for biological weapons proliferation 
     prevention activities in Russia until 15 days after the date 
     on which the Secretary submits to the congressional defense 
     committees a report on--
       (1) whether Cooperative Threat Reduction funds provided for 
     cooperative research activities at biological research 
     institutes in Russia have been used--
       (A) to support activities to develop new strains of 
     anthrax; or
       (B) for any purpose inconsistent with the objectives of 
     providing such funds; and
       (2) the new strains of anthrax alleged to have been 
     developed at a biological research institute in Russia and 
     any efforts by the United States to examine such strains.

     SEC. 1306. COOPERATIVE COUNTER PROLIFERATION PROGRAM.

       (a) In General.--Of the amount authorized to be 
     appropriated in section 1302 (other than the amounts 
     authorized to be appropriated in subsections (a)(1) and 
     (a)(2) of that section) and subject to the limitations in 
     that section and subsection (b), the Secretary of Defense may 
     provide a country of the former Soviet Union with emergency 
     assistance for removing or obtaining from that country--
       (1) weapons of mass destruction; or
       (2) materials, equipment, or technology related to the 
     development or delivery of weapons of mass destruction.
       (b) Certification Required.--(1) The Secretary may not 
     provide assistance under subsection (a) until 15 days after 
     the date that the Secretary submits to the congressional 
     defense committees a certification in writing that the 
     weapons, materials, equipment, or technology described in 
     that subsection meet each of the following requirements:
       (A) The weapons, materials, equipment, or technology are at 
     risk of being sold or otherwise transferred to a restricted 
     foreign state or entity.
       (B) The transfer of the weapons, materials, equipment, or 
     technology would pose a significant near-term threat to the 
     national security interests of the United States or would 
     significantly advance a foreign country's weapon program that 
     threatens the national security interests of the United 
     States.
       (C) Other options for securing or otherwise preventing the 
     transfer of the weapons, materials, equipment, or technology 
     have been considered and rejected as ineffective or 
     inadequate.
       (2) The 15-day notice requirement in paragraph (1) may be 
     waived if the Secretary determines that compliance with the 
     requirement would compromise the national security interests 
     of the United States. In such case, the Secretary shall 
     promptly notify the congressional defense committees of the 
     circumstances regarding such determination in advance of 
     providing assistance under subsection (a) and shall submit 
     the certification required not later than 30 days after 
     providing such assistance.
       (c) Content of Certifications.--Each certification required 
     under subsection (b) shall contain information on the 
     following with respect to the assistance being provided:
       (1) The specific assistance provided and the purposes for 
     which the assistance is being provided.
       (2) The sources of funds for the assistance.
       (3) Whether any assistance is being provided by any other 
     Federal department or agency.
       (4) The options considered and rejected for preventing the 
     transfer of the weapons, materials, equipment, or technology, 
     as described in subsection (b)(1)(C).
       (5) Whether funding was requested by the Secretary from 
     other Federal departments or agencies.
       (6) Any additional information that the Secretary 
     determines is relevant to the assistance being provided.
       (d) Additional Sources of Funding.--The Secretary may 
     request assistance and accept funds from other Federal 
     departments or agencies in carrying out this section.
       (e) Definitions.--In this section:
       (1) The term ``restricted foreign state or entity'', with 
     respect to weapons, materials, equipment, or technology 
     covered by a certification or notification of the Secretary 
     of Defense under subsection (b), means--
       (A) any foreign country the government of which has 
     repeatedly provided support for acts of international 
     terrorism, as determined by the Secretary of State under 
     section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2371); or
       (B) any foreign state or entity that the Secretary of 
     Defense determines would constitute a military threat to the 
     United States, its allies, or interests, if that foreign 
     state or entity were to possess the weapons, materials, 
     equipment, or technology.
       (2) The term ``weapon of mass destruction'' has the meaning 
     given that term in section 1403(1) of the Defense Against 
     Weapons of Mass Destruction Act of 1996 (title XIV of Public 
     Law 104-201; 50 U.S.C. 2302(1)).

     SEC. 1307. REQUIREMENT TO SUBMIT SUMMARY OF AMOUNTS REQUESTED 
                   BY PROJECT CATEGORY.

       (a) Summary Required.--The Secretary of Defense shall 
     submit to Congress as part of the Secretary's annual budget 
     request to Congress--
       (1) a descriptive summary, with respect to the 
     appropriations requested for Cooperative Threat Reduction 
     programs for the fiscal year after the fiscal year in which 
     the summary is submitted, of the amounts requested for 
     each project category under each Cooperative Threat 
     Reduction program element; and
       (2) a descriptive summary, with respect to appropriations 
     for Cooperative Threat Reduction programs for the fiscal year 
     in which the list is submitted and the previous fiscal year, 
     of the amounts obligated or expended, or planned to be 
     obligated or expended, for each project category under each 
     Cooperative Threat Reduction program element.
       (b) Description of Purpose and Intent.--The descriptive 
     summary required under subsection (a) shall include a 
     narrative description of each program and project category 
     under each Cooperative Threat Reduction program element that 
     explains the purpose and intent of the funds requested.

     SEC. 1308. REPORT ON BIOLOGICAL WEAPONS PROGRAMS IN RUSSIA.

       (a) Report.--Not later than March 1, 1999, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report, in classified and unclassified forms, containing--

[[Page H8167]]

       (1) an assessment of the extent of compliance by Russia 
     with international agreements relating to the control of 
     biological weapons; and
       (2) a detailed evaluation of the potential political and 
     military costs and benefits of collaborative biological 
     pathogen research efforts by the United States and Russia.
       (b) Content of Report.--The report required under 
     subsection (a) shall include the following:
       (1) An evaluation of the extent of the control and 
     oversight by the Government of Russia over the military and 
     civilian-military biological warfare programs formerly 
     controlled or overseen by states of the former Soviet Union.
       (2) The extent and scope of continued biological warfare 
     research, development, testing, and production in Russia, 
     including the sites where such activity is occurring and the 
     types of activity being conducted.
       (3) An assessment of compliance by Russia with the terms of 
     the Biological Weapons Convention.
       (4) An identification and assessment of the measures taken 
     by Russia to comply with the obligations assumed under the 
     Joint Statement on Biological Weapons, agreed to by the 
     United States, the United Kingdom, and Russia on September 
     14, 1992.
       (5) A description of the extent to which Russia has 
     permitted individuals from the United States or other 
     countries to visit military and nonmilitary biological 
     research, development, testing, and production sites in order 
     to resolve ambiguities regarding activities at such sites.
       (6) A description of the information provided by Russia 
     about its biological weapons dismantlement efforts to date.
       (7) An assessment of the accuracy and comprehensiveness of 
     declarations by Russia regarding its biological weapons 
     activities.
       (8) An identification of collaborative biological research 
     projects carried out by the United States and Russia for 
     which Cooperative Threat Reduction funds have been used.
       (9) An evaluation of the political and military utility of 
     prior, existing, and prospective cooperative biological 
     pathogen research programs carried out between the United 
     States and Russia, and an assessment of the impact of such 
     programs on increasing Russian military transparency with 
     respect to biological weapons activities.
       (10) An assessment of the political and military utility of 
     the long-term collaborative program advocated by the National 
     Academy of Sciences in its October 27, 1997 report, 
     ``Controlling Dangerous Pathogens: A Blueprint for U.S.-
     Russian Cooperation''.

     SEC. 1309. REPORT ON INDIVIDUALS WITH EXPERTISE IN FORMER 
                   SOVIET WEAPONS OF MASS DESTRUCTION PROGRAMS.

       Not later than January 31, 1999, the Secretary of Defense, 
     in consultation with the Secretary of State, the Secretary of 
     Energy, and any other appropriate officials, shall submit to 
     the congressional defense committees a report on the number 
     of individuals in the former Soviet Union who have 
     significant expertise in the research, development, 
     production, testing, and operational employment of ballistic 
     missiles and weapons of mass destruction. The report shall 
     contain the following:
       (1) A listing of the specific expertise of the individuals, 
     by category and discipline.
       (2) An assessment of which categories of expertise would 
     pose the greatest risks to the security of the United States 
     if that expertise were transferred to potentially hostile 
     states.
       (3) An estimate, by category, of the number of the 
     individuals in paragraph (1) who are fully or partly employed 
     at the time the report is submitted by the military-
     industrial complex of the former Soviet Union, the number of 
     such individuals who are fully employed at the time the 
     report is submitted by commercial ventures outside the 
     military-industrial complex of the former Soviet Union, and 
     the number of such individuals who are unemployed and 
     underemployed at the time the report is submitted.
       (4) An identification of the nature, scope, and cost of 
     activities conducted by the United States and other countries 
     to assist in the employment in nonproliferation and 
     nonmilitary-related endeavors and enterprises of individuals 
     involved in the weapons complex of the former Soviet Union, 
     and which categories of individuals are being targeted in 
     these efforts.
       (5) An assessment of whether the activities identified 
     under paragraph (4) should be reduced, maintained, or 
     expanded.

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