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(2) Based upon such review and other information available
to the committee, develop specific recommendations concerning
the advisability and feasibility of establishing United States
criminal law jurisdiction over persons who as civilians accom-
pany the Armed Forces in the field outside the United States
during time of armed conflict not involving a war declared
by Congress, including whether such jurisdiction should be
established through any of the following means (or a combina-
tion of such means depending upon the degree of the armed
conflict involved):
(A) Establishing court-martial jurisdiction over such
persons.
(B) Extending the jurisdiction of the Article III courts
to cover such persons.
(C) Establishing an Article I court to exercise criminal
jurisdiction over such persons.
(3) Develop such additional recommendations as the
committee considers appropriate as a result of the review.
(d) REPORT.—(1) Not later than December 15, 1996, the advisory
committee shall transmit to the Secretary of Defense and the Attor-
ney General a report setting forth its findings and recommenda-
tions, including the recommendations required under subsection
(c)(2).
(2) Not later than January 15, 1997, the Secretary of Defense
and the Attorney General shall jointly transmit the report of the
advisory committee to Congress. The Secretary and the Attorney
General may include in the transmittal any joint comments on
the report that they consider appropriate, and either such official
may include in the transmittal any separate comments on the
report that such official considers appropriate.
(e) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘Article I court’’ means a court established
under Article I of the Constitution.
(2) The term ‘‘Article III court’’ means a court established
under Article III of the Constitution.
(f) TERMINATION OF COMMITTEE.—The advisory committee shall
terminate 30 days after the date on which the report of the commit-
tee is submitted to Congress under subsection (d)(2).
SEC. 1152. TIME AFTER ACCESSION FOR INITIAL INSTRUCTION IN THE
UNIFORM CODE OF MILITARY JUSTICE.
Section 937(a)(1) (article 137(a)(1)) is amended by striking out
‘‘within six days’’ and inserting in lieu thereof ‘‘within fourteen
days’’.
SEC. 1153. TECHNICAL AMENDMENT.
Section 866(f) (article 66(f)) is amended by striking out ‘‘Courts
of Military Review’’ both places it appears and inserting in lieu
thereof ‘‘Courts of Criminal Appeals’’.
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TITLE XII—COOPERATIVE THREAT RE-
DUCTION WITH STATES OF FORMER
SOVIET UNION
SEC. 1201. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS.
(a) IN GENERAL.—For purposes of section 301 and other provi-
sions of this Act, Cooperative Threat Reduction programs are the
programs specified in subsection (b).
(b) SPECIFIED PROGRAMS.—The programs referred to in sub-
section (a) are the following programs with respect to states of
the former Soviet Union:
(1) Programs to facilitate the elimination, and the safe
and secure transportation and storage, of nuclear, chemical,
and other weapons and their delivery vehicles.
(2) Programs to facilitate the safe and secure storage of
fissile materials derived from the elimination of nuclear weap-
ons.
(3) Programs to prevent the proliferation of weapons, weap-
ons components, and weapons-related technology and expertise.
(4) Programs to expand military-to-military and defense
contacts.
SEC. 1202. FISCAL YEAR 1996 FUNDING ALLOCATIONS.
(a) IN GENERAL.—Of the amount appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative
Threat Reduction programs, not more than the following amounts
may be obligated for the purposes specified:
(1) For elimination of strategic offensive weapons in Russia,
Ukraine, Belarus, and Kazakhstan, $90,000,000.
(2) For weapons security in Russia, $42,500,000.
(3) For the Defense Enterprise Fund, $0.
(4) For nuclear infrastructure elimination in Ukraine,
Belarus, and Kazakhstan, $35,000,000.
(5) For planning and design of a storage facility for Russian
fissile material, $29,000,000.
(6) For planning and design of a chemical weapons destruc-
tion facility in Russia, $73,000,000.
(7) For activities designated as Defense and Military Con-
tacts/General Support/Training in Russia, Ukraine, Belarus,
and Kazakhstan, $10,000,000.
(8) For activities designated as Other Assessments/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 para-
graph (2), 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, but not in excess of 115
percent of that amount. 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.
H. R. 1530—288
(2) An obligation for the purposes stated in any of the para-
graphs 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 a 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.
(c) REIMBURSEMENT OF PAY ACCOUNTS.—Funds appropriated
pursuant to the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs may be transferred to mili-
tary personnel accounts for reimbursement of those accounts for
the amount of pay and allowances paid to reserve component
personnel for service while engaged in any activity under a Coopera-
tive Threat Reduction program.
SEC. 1203. PROHIBITION ON USE OF FUNDS FOR PEACEKEEPING
EXERCISES AND RELATED ACTIVITIES WITH RUSSIA.
None of the funds appropriated pursuant to the authorization
in section 301 for Cooperative Threat Reduction programs may
be obligated or expended for the purpose of conducting with Russia
any peacekeeping exercise or other peacekeeping-related activity.
SEC. 1204. REVISION TO AUTHORITY FOR ASSISTANCE FOR WEAPONS
DESTRUCTION.
Section 211 of Public Law 102–228 (22 U.S.C. 2551 note) is
amended by adding at the end the following new subsection:
‘‘(c) As part of a transmission to Congress under subsection
(b) of a certification that a proposed recipient of United States
assistance under this title is committed to carrying out the matters
specified in each of paragraphs (1) through (6) of that subsection,
the President shall include a statement setting forth, in unclassified
form (together with a classified annex if necessary), the determina-
tion of the President, with respect to each such paragraph, as
to whether that proposed recipient is at that time in fact carrying
out the matter specified in that paragraph.’’.
SEC. 1205. PRIOR NOTICE TO CONGRESS OF OBLIGATION OF FUNDS.
(a) ANNUAL REQUIREMENT.—(1) Not less than 15 days before
any obligation of any funds appropriated for any fiscal year for
a program specified under section 1201 as a Cooperative Threat
Reduction program, the Secretary of Defense shall submit to the
congressional committees specified in paragraph (2) a report on
that proposed obligation for that program for that fiscal year.
(2) The congressional committees referred to in paragraph (1)
are the following:
(A) The Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on Appropriations
of the Senate.
(B) The Committee on National Security, the Committee
on International Relations, and the Committee on Appropria-
tions of the House of Representatives.
(b) MATTERS TO BE SPECIFIED IN REPORTS.—Each such report
shall specify—
(1) the activities and forms of assistance for which the
Secretary of Defense plans to obligate funds;
(2) the amount of the proposed obligation; and
H. R. 1530—289
(3) the projected involvement (if any) of any department
or agency of the United States (in addition to the Department
of Defense) and of the private sector of the United States
in the activities and forms of assistance for which the Secretary
of Defense plans to obligate such funds.
SEC. 1206. REPORT ON ACCOUNTING FOR UNITED STATES ASSISTANCE.
(a) REPORT.—(1) The Secretary of Defense shall submit to Con-
gress an annual report on the efforts made by the United States
(including efforts through the use of audits, examinations, and
on-site inspections) to ensure that assistance provided under
Cooperative Threat Reduction programs is fully accounted for and
that such assistance is being used for its intended purposes.
(2) A report shall be submitted under this section not later
than January 31 of each year until the Cooperative Threat Reduc-
tion programs are completed.
(b) INFORMATION TO BE INCLUDED.—Each report under this
section shall include the following:
(1) A list of cooperative threat reduction assistance that
has been provided before the date of the report.
(2) A description of the current location of the assistance
provided and the current condition of such assistance.
(3) A determination of whether the assistance has been
used for its intended purpose.
(4) A description of the activities planned to be carried
out during the next fiscal year to ensure that cooperative threat
reduction assistance provided during that fiscal year is fully
accounted for and is used for its intended purpose.
(c) COMPTROLLER GENERAL ASSESSMENT.—Not later than 30
days after the date on which a report of the Secretary under
subsection (a) is submitted to Congress, the Comptroller General
of the United States shall submit to Congress a report giving
the Comptroller General’s assessment of the report and making
any recommendations that the Comptroller General considers
appropriate.
SEC. 1207. LIMITATION ON ASSISTANCE TO NUCLEAR WEAPONS SCI-
ENTISTS OF FORMER SOVIET UNION.
Amounts appropriated pursuant to the authorization of appro-
priations in section 301 for Cooperative Threat Reduction programs
may not be obligated for any program established primarily to
assist nuclear weapons scientists in states of the former Soviet
Union until 30 days after the date on which the Secretary of
Defense certifies in writing to Congress that the funds to be obli-
gated will not be used (1) to contribute to the modernization of
the strategic nuclear forces of such states, or (2) for research,
development, or production of weapons of mass destruction.
SEC. 1208. LIMITATION RELATING TO OFFENSIVE BIOLOGICAL WAR-
FARE PROGRAM OF RUSSIA.
(a) LIMITATION.—Of the amount appropriated pursuant to the
authorization of appropriations in section 301 for Cooperative
Threat Reduction programs that is available for the purpose stated
in section 1202(a)(6), $60,000,000 may not be obligated or expended
until the President submits to Congress either a certification as
provided in subsection (b) or a certification as provided in subsection
(c).