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