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(B) program cost and schedule are largely driven by
the degree to which States and local communities are in
agreement with proposed disposal methods and whether
those methods meet environmental concerns.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the President—
(1) should use the authority of the President under existing
law to ensure that the United States is able to construct and
operate the facilities necessary to destroy the United States
stockpile of lethal chemical agents and munitions within the
time allowed by the Chemical Weapons Convention; and
(2) while carrying out the obligations of the United States
under the Convention, should encourage negotiations between
appropriate Federal officials and officials of the State and local
governments concerned to attempt to meet their concerns
regarding compliance with Federal and State environmental
laws and regulations and other concerns about the actions
being taken to carry out those obligations.
(c) CHEMICAL WEAPONS CONVENTION DEFINED.—For the pur-
poses of this section, the terms ‘‘Chemical Weapons Convention’’
and ‘‘Convention’’ mean the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Chemical Weapons
and on Their Destruction, ratified by the United States on April
25, 1997, and entered into force on April 29, 1997.
SEC. 1308. EXTENSION OF COUNTERPROLIFERATION AUTHORITIES
FOR SUPPORT OF UNITED NATIONS SPECIAL COMMIS-
SION ON IRAQ.
Section 1505 of the Weapons of Mass Destruction Control Act
of 1992 (title XV of Public Law 102–484; 22 U.S.C. 5859a) is
amended—
(1) in subsection (d)(3), by striking out ‘‘or’’ after ‘‘fiscal
year 1996,’’ and by inserting ‘‘, or $15,000,000 for fiscal year
1998’’ before the period at the end; and
(2) in subsection (f), by striking out ‘‘1997’’ and inserting
in lieu thereof ‘‘1998’’.
SEC. 1309. ANNUAL REPORT ON MORATORIUM ON USE BY ARMED
FORCES OF ANTIPERSONNEL LANDMINES.
(a) FINDINGS.—Congress makes the following findings:
(1) The United States has stated its support for a ban
on antipersonnel landmines that is global in scope and verifi-
able.
(2) On May 16, 1996, the President announced that the
United States, as a matter of policy, would eliminate its stock-
pile of non-self-destructing antipersonnel landmines, except
those used for training purposes and in Korea, and that the
United States would reserve the right to use self-destructing
antipersonnel landmines in the event of conflict.
(3) On May 16, 1996, the President also announced that
the United States would lead an effort to negotiate an inter-
national treaty permanently banning the use of all anti-
personnel landmines.
(4) The United States is currently participating at the
United Nations Conference on Disarmament in negotiations
aimed at achieving a global ban on the use of antipersonnel
landmines.
H. R. 1119—329
(5) On August 18, 1997, the administration agreed to
participate in international negotiations sponsored by Canada
(the so-called ‘‘Ottawa process’’) designed to achieve a treaty
that would outlaw the production, use, and sale of antipersonnel
landmines.
(6) On September 17, 1997, the President announced that
the United States would not sign the antipersonnel landmine
treaty concluded in Oslo, Norway, by participants in the Ottawa
process because the treaty would not provide a geographic
exception to allow the United States to stockpile and use anti-
personnel landmines in Korea or an exemption that would
preserve the ability of the United States to use mixed antitank
mine systems which could be used to deter an armored assault
against United States forces.
(7) The President also announced a change in United States
policy whereby the United States—
(A) would no longer deploy antipersonnel landmines,
including self-destructing antipersonnel landmines, by
2003, except in Korea;
(B) would seek to field alternatives by that date, or
by 2006 in the case of Korea;
(C) would undertake a new initiative in the United
Nations Conference on Disarmament to establish a global
ban on the transfer of antipersonnel landmines; and
(D) would increase its current humanitarian demining
activities around the world.
(8) The President’s decision would allow the continued use
by United States forces of self-destructing antipersonnel land-
mines that are used as part of a mixed antitank mine system.
(9) Under existing law (as provided in section 580 of Public
Law 104–107; 110 Stat. 751), on February 12, 1999, the United
States will implement a one-year moratorium on the use of
antipersonnel landmines by United States forces except along
internationally recognized national borders or in demilitarized
zones within a perimeter marked area that is monitored by
military personnel and protected by adequate means to ensure
the exclusion of civilians.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the United States should not implement a moratorium
on the use of antipersonnel landmines by United States Armed
Forces in a manner that would endanger United States person-
nel or undermine the military effectiveness of United States
Armed Forces in executing their missions; and
(2) the United States should pursue the development of
alternatives to self-destructing antipersonnel landmines.
(c) ANNUAL REPORT.—Not later than December 31 each year,
the Secretary of Defense shall submit to the congressional defense
committees a report concerning antipersonnel landmines. Each such
report shall include the Secretary’s description of the following:
(1) The military utility of the continued deployment and
use by the United States of antipersonnel landmines.
(2) The effect of a moratorium on the production, stock-
piling, and use of antipersonnel landmines on the ability of
United States forces to deter and defend against attack on
land by hostile forces, including on the Korean peninsula.
(3) Progress in developing and fielding systems that are
effective substitutes for antipersonnel landmines, including an
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identification and description of the types of systems that are
being developed and fielded, the costs associated with those
systems, and the estimated timetable for developing and field-
ing those systems.
(4) The effect of a moratorium on the use of antipersonnel
landmines on the military effectiveness of current antitank
mine systems.
(5) The number and type of pure antipersonnel landmines
that remain in the United States inventory and that are subject
to elimination under the President’s September 17, 1997, dec-
laration on United States antipersonnel landmine policy.
(6) The number and type of mixed antitank mine systems
that are in the United States inventory, the locations where
they are deployed, and their effect on the deterrence and
warfighting ability of United States Armed Forces.
(7) The effect of the elimination of pure antipersonnel land-
mines on the warfighting effectiveness of the United States
Armed Forces.
(8) The costs already incurred and anticipated of eliminat-
ing antipersonnel landmines from the United States inventory
in accordance with the policy enunciated by the President on
September 17, 1997.
(9) The benefits that would result to United States military
and civilian personnel from an international treaty banning
the production, use, transfer, and stockpiling of antipersonnel
landmines.
TITLE XIV—COOPERATIVE THREAT RE-
DUCTION 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 Coopera-
tive Threat Reduction funds’’ means the funds appropriated pursu-
ant to the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs.
H. R. 1119—331
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 destruc-
tion 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 para-
graphs (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 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 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 notifica-
tion.
(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 (11) of subsection (a)
in excess of 115 percent of the amount stated in those paragraphs.
(c) LIMITED WAIVER OF 115 PERCENT CAP ON OBLIGATION IN
EXCESS
OF AMOUNTS AUTHORIZED
FOR FISCAL YEARS 1996 AND
1997.—(1) The limitation in subsection (b)(1) of section 1202 of
the National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104–106; 110 Stat. 469), that provides that the authority