| National Defense Authorization Act for Fiscal Year 1998 (Enrolled Bill (Sent to President)) TITLE XIV--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET UNION Sec.1401.Specification of Cooperative Threat Reduction programs and funds. Sec.1402.Funding allocations. Sec.1403.Prohibition on use of funds for specified purposes. Sec.1404.Limitation on use of funds for projects related to START II Treaty until submission of certification. Sec.1405.Limitation on use of funds for chemical weapons destruction facility. Sec.1406.Limitation on use of funds for destruction of chemical weapons. Sec.1407.Limitation on use of funds for storage facility for Russian fissile material. Sec.1408.Limitation on use of funds for weapons storage security. Sec.1409.Report on issues regarding payment of taxes, duties, and other assessments on assistance provided to Russia under Cooperative Threat Reduction programs. Sec.1410.Availability of funds. SEC. 1401. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND FUNDS. (a) SPECIFICATION OF CTR PROGRAMS - 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). (b) FISCAL YEAR 1998 COOPERATIVE THREAT REDUCTION FUNDS DEFINED - As used in this title, the term `fiscal year 1998 Cooperative Threat Reduction funds' means the funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs. SEC. 1402. FUNDING ALLOCATIONS. (a) IN GENERAL - Of the fiscal year 1998 Cooperative Threat Reduction funds, not more than the following amounts may be obligated for the purposes specified: (1) For strategic offensive arms elimination in Russia, $77,900,000. (2) For strategic nuclear arms elimination in Ukraine, $76,700,000. (3) For fissile material containers in Russia, $7,000,000. (4) For planning and design of a chemical weapons destruction facility in Russia, $35,400,000. (5) For dismantlement of biological and chemical weapons facilities in the former Soviet Union, $20,000,000. (6) For planning, design, and construction of a storage facility for Russian fissile material, $57,700,000. (7) For weapons storage security in Russia, $36,000,000. (8) For development of a cooperative program with the Government of Russia to eliminate the production of weapons grade plutonium at Russian reactors, $41,000,000. (9) For activities designated as Defense and Military-to-Military Contacts in Russia, Ukraine, and Kazakhstan, $8,000,000. (10) For military-to-military programs of the United States that focus on countering the threat of proliferation of weapons of mass destruction and that include the security forces of the independent states of the former Soviet Union other than Russia, Ukraine, Belarus, and Kazakstan, $2,000,000. (11) For activities designated as Other Assessments/Administrative Support $20,500,000. (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. SEC. 1403. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES. (a) IN GENERAL- No fiscal year 1998 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. 1404. LIMITATION ON USE OF FUNDS FOR PROJECTS RELATED TO START II TREATY UNTIL SUBMISSION OF CERTIFICATION. No fiscal year 1998 Cooperative Threat Reduction funds may be obligated or expended for strategic offensive arms elimination projects in Russia related to the START II Treaty (as defined in section 1302(f)) until 30 days after the date on which the Secretary of Defense submits to Congress a certification in writing that-- (1) implementation of the projects would benefit the national security interest of the United States; and (2) Russia has agreed in an implementing agreement to share the cost for the projects. SEC. 1405. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION FACILITY. (a) LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF NOTIFICATIONS TO CONGRESS- No fiscal year 1998 Cooperative Threat Reduction funds may be obligated or expended for planning and design of a chemical weapons destruction facility until 15 days after the date that is the later of the following: (1) The date on which the Secretary of Defense submits to Congress notification of an agreement between the United States and Russia with respect to such chemical weapons destruction facility that includes-- (A) an agreement providing for a limitation on the financial contribution by the United States for the facility; (B) an agreement that the United States will not pay the costs for infrastructure determined by Russia to be necessary to support the facility; and (C) an agreement on the location of the facility. (2) The date on which the Secretary of Defense submits to Congress notification that the Government of Russia has formally approved a plan-- (A) that allows for the destruction of chemical weapons in Russia; and (B) that commits Russia to pay a portion of the cost for the facility. (b) PROHIBITION ON USE OF FUNDS FOR FACILITY CONSTRUCTION- No fiscal year 1998 Cooperative Threat Reduction funds authorized to be obligated in section 1402(a)(4) for planning and design of a chemical weapons destruction facility in Russia may be used for construction of such facility.
SEC. 1406. LIMITATION ON USE OF FUNDS FOR DESTRUCTION OF CHEMICAL WEAPONS. (a) LIMITATION- No funds authorized to be appropriated under this or any other Act for fiscal year 1998 for Cooperative Threat Reduction programs may be obligated or expended for chemical weapons destruction activities (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 under 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 United States policy not to carry out chemical weapons destruction activities under the Cooperative Threat Reduction programs for which funds are authorized to be appropriated under this or any other Act for fiscal year 1998. (c) DEFINITIONS- For the purposes of 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 Nonproduction 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. 1407. LIMITATION ON USE OF FUNDS FOR STORAGE FACILITY FOR RUSSIAN FISSILE MATERIAL. No fiscal year 1998 Cooperative Threat Reduction funds may be obligated or expended for planning, design, or construction of a storage facility for Russian fissile material until 15 days after the date that is the later of the following: (1) The date on which the Secretary of Defense submits to Congress notification that an implementing agreement between the United States and Russia has been entered into that specifies the total cost to the United States for the facility. (2) The date on which the Secretary submits to Congress notification that an agreement has been entered into between the United States and Russia incorporating the principle of transparency with respect to the use of the facility. SEC. 1408. LIMITATION ON USE OF FUNDS FOR WEAPONS STORAGE SECURITY. No fiscal year 1998 Cooperative Threat Reduction funds intended for weapons storage security activities in Russia may be obligated or expended until-- (1) the Secretary of Defense submits to Congress a report on the status of negotiations between the United States and Russia on audits and examinations with respect to weapons storage security; and
SEC. 1409. REPORT ON ISSUES REGARDING PAYMENT OF TAXES, DUTIES, AND OTHER ASSESSMENTS ON ASSISTANCE PROVIDED TO RUSSIA UNDER COOPERATIVE THREAT REDUCTION PROGRAMS. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on issues regarding payment of taxes, duties, and other assessments on assistance provided to Russia under Cooperative Threat Reduction programs. The report shall include the following: (1) A description of any disputes between the United States and Russia with respect to payment by the United States of taxes, duties and other assessments on assistance provided to Russia under a Cooperative Threat Reduction program, including a description of the nature of each dispute, the amount of payment disputed, whether the dispute was resolved, and if the dispute was resolved, the means by which the dispute was resolved. (2) A description of the actions taken by the Secretary to prevent disputes in the future between the United States and Russia with respect to payment by the United States of taxes, duties, and other assessments on assistance provided to Russia under a Cooperative Threat Reduction program. (3) A description of any agreement between the United States and Russia with respect to payment by the United States of taxes, duties, or other assessments on assistance provided to Russia under a Cooperative Threat Reduction program. (4) Any proposals of the Secretary for actions that should be taken to prevent disputes between the United States and Russia with respect to payment by the United States of taxes, duties, or other assessments on assistance provided to Russia under a Cooperative Threat Reduction program. SEC. 1410. 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. |