290
ther or both of the organizations that are parties to that
agreement without regard to the provisions of section
1535 of title 31, United States Code (and any regulations
of the Department of Defense prescribed under that sec-
tion).
(b) PRESERVATION
OF FINANCIAL INTEGRITY
OF
FUNDS.—The Secretary shall carry out subsection (a) so
as to preserve the financial integrity of funds appropriated
to the Department of the Air Force and the National Aer-
onautics and Space Administration.
(c) EDWARDS AIR FORCE BASE ALLIANCE AGREE-
MENT.—For purposes of this section, the term ‘‘Edwards
Air Force Base Alliance Agreement’’ means the agreement
entered into in May 1995, between the commander of the
Air Force Flight Test Center and the director of the Dry-
den Flight Research Center of the National Aeronautics
and Space Administration, both of which are located at
Edwards Air Force Base, California, to develop and sus-
tain a working relationship between the two organizations
to improve the efficiency of the operations of both organi-
zations while preserving the unique missions of both orga-
nizations.
(d) DELEGATION.—The authority of the Secretary
under this section may be delegated, at the Secretary’s
291
discretion, to the commander of the Air Force Flight Test
Center, Edwards Air Force Base, California.
(e) REPORT.—Not later than May 1, 1999, the Sec-
retary of Defense and the Administrator of the National
Aeronautics and Space Administration shall submit to
Congress a joint report on the implementation of this sec-
tion.
SEC. 1049. SENSE OF THE CONGRESS CONCERNING TAX
TREATMENT OF PRINCIPAL RESIDENCE OF
MEMBERS OF ARMED FORCES WHILE AWAY
FROM HOME ON ACTIVE DUTY.
It is the sense of the Congress that a member of the
Armed Forces should be treated as using property as a
principal residence during any period that the member (or
the member’s spouse) is serving on extended active duty
with the Armed Forces, but only if the member used the
property as a principal residence for any period during or
before the period of extended active duty.
SEC. 1050. OPERATION, MAINTENANCE, AND UPGRADE OF
AIR FORCE SPACE LAUNCH FACILITIES.
Funds appropriated pursuant to the authorizations of
appropriations in this Act for the operation, maintenance,
or upgrade of the Western Space Launch Facilities of the
Department of the Air Force (Program Element 35181F)
and the Eastern Space Launch Facilities of the Depart-
292
ment of the Air Force (Program Element 351821F) may
not be obligated for any other purpose.
SEC. 1051. SENSE OF THE CONGRESS CONCERNING NEW
PARENT SUPPORT PROGRAM AND MILITARY
FAMILIES.
(a) SENSE OF THE CONGRESS.—It is the sense of the
Congress that—
(1) the New Parent Support Program that was
begun as a pilot program of the Marine Corps at
Camp Pendleton, California, has been an effective
tool in curbing family violence within the military
community;
(2) such program is a model for future pro-
grams throughout the Marine Corps, the Navy, and
the Army; and
(3) in light of the pressures and strains placed
upon military families and the benefits of the New
Parent Support Program in helping these high ‘‘at-
risk’’ families, the Department of Defense should
seek ways to ensure that in future fiscal years funds
are made available for those programs for each of
the Armed Forces in amounts sufficient to meet re-
quirements for those programs.
(b) REPORT.—Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense
293
shall submit to Congress a report on the New Parent Sup-
port Program of the Department of Defense. The Sec-
retary shall include in the report the following:
(1) A description of how the Army, Navy, Air
Force, and Marine Corps are each implementing a
New Parent Support Program and how each such
program is organized.
(2) A description of how the implementation of
programs for the Army, Navy, and Air Force com-
pare to the fully implemented Marine Corps pro-
gram.
(3) The number of installations that each serv-
ice has scheduled to receive support for the New
Parent Support Program.
(4) The number of installations delayed in pro-
viding the program.
(5) The number of programs terminated.
(6) The number of programs with reduced sup-
port.
(7) The funding provided for those programs
for each of the four services for each of fiscal years
1994 through 1998 and the amount projected to be
provided for those programs for fiscal year 1999
and, if the amount provided for any of those pro-
grams for any such year is less that the amount
294
needed to fully fund for that program for that year,
an explanation of the reasons for the shortfall.
TITLE XI—DEPARTMENT OF
DEFENSE CIVILIAN PERSONNEL
SEC. 1101. AUTHORITY FOR RELEASE TO COAST GUARD OF
DRUG TEST RESULTS OF CIVIL SERVICE
MARINERS OF THE MILITARY SEALIFT COM-
MAND.
(a) IN GENERAL.—Chapter 643 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 7479. Civil service mariners of Military Sealift
Command: release of drug test results to
Coast Guard
‘‘(a) RELEASE OF DRUG TEST RESULTS TO COAST
GUARD.—The Secretary of the Navy may release to the
Commandant of the Coast Guard the results of a drug
test of any employee of the Department of the Navy who
is employed in any capacity on board a vessel of the Mili-
tary Sealift Command. Any such release shall be in ac-
cordance with the standards and procedures applicable to
the disclosure and reporting to the Coast Guard of drug
tests results and drug test records of individuals employed
on vessels documented under the laws of the United
States.
295
‘‘(b) WAIVER.—The results of a drug test of an em-
ployee may be released under subsection (a) without the
prior written consent of the employee that is otherwise re-
quired under section 503(e) of the Supplemental Appro-
priations Act, 1987 (5 U.S.C. 7301 note).’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘7479. Civil service mariners of Military Sealift Command: release of drug test
results to Coast Guard.’’.
SEC. 1102. LIMITATIONS ON BACK PAY AWARDS.
(a) In General.—Section 5596(b) of title 5, United
States Code, is amended—
(1) by redesignating paragraph (4) as para-
graph (5); and
(2) by inserting after paragraph (3) the follow-
ing new paragraph:
‘‘(4) The pay, allowances, or differentials granted
under this section for the period for which an unjustified
or unwarranted personnel action was in effect shall not
exceed that authorized by the applicable law, rule, regula-
tions, or collective bargaining agreement under which the
unjustified or unwarranted personnel action is found, ex-
cept that in no case may pay, allowances, or differentials
be granted under this section for a period beginning more
than 6 years before the date of the filing of a timely appeal
296
or, absent such filing, the date of the administrative deter-
mination.’’.
(b) CONFORMING AMENDMENT.—Section 7121 of
title 5, United States Code, is amended by adding at the
end the following new subsection:
‘‘(h) Settlements and awards under this chapter shall
be subject to the limitations in section 5596(b)(4) of this
title.’’.
SEC. 1103. RESTORATION OF ANNUAL LEAVE ACCUMU-
LATED BY CIVILIAN EMPLOYEES AT INSTAL-
LATIONS IN THE REPUBLIC OF PANAMA TO
BE CLOSED PURSUANT TO THE PANAMA
CANAL TREATY OF 1977.
Section 6304(d)(3)(A) of title 5, United States Code,
is amended by inserting ‘‘the closure of an installation of
the Department of Defense in the Republic of Panama
in accordance with the Panama Canal Treaty of 1977,’’
after ‘‘2687 note) during any period,’’.
SEC. 1104. REPEAL OF PROGRAM PROVIDING PREFERENCE
FOR EMPLOYMENT OF MILITARY SPOUSES IN
MILITARY CHILD CARE FACILITIES.
Section 1792 of title 10, United States Code, is
amended—
(1) by striking out subsection (d); and
297
(2) by redesignating subsection (e) as sub-
section (d).
SEC. 1105. ELIMINATION OF RETAINED PAY AS BASIS FOR
DETERMINING 
LOCALITY-BASED 
ADJUST-
MENTS.
Section 5302(8)(B) of title 5, United States Code,
is amended by inserting ‘‘(except a rate retained under
subsection (a)(2) of that section)’’ after ‘‘section 5363’’.
SEC. 1106. OBSERVANCE OF CERTAIN HOLIDAYS AT DUTY
POSTS OUTSIDE THE UNITED STATES.
Section 6103(b) of title 5, United States Code, is
amended by inserting after paragraph (2) the following
new paragraph:
‘‘(3) Instead of a holiday that is designated
under subsection (a) to occur on a Monday, for an
employee at a duty post outside the United States
whose basic workweek is other than Monday through
Friday, and for whom Monday is a regularly sched-
uled workday, the legal public holiday is the first
workday of the workweek in which the Monday des-
ignated for the observance of such holiday under
subsection (a) occurs.’’.
298
TITLE XII—MATTERS RELATING
TO OTHER NATIONS
SEC. 1201. LIMITATION ON FUNDS FOR PEACEKEEPING IN
THE 
REPUBLIC 
OF 
BOSNIA 
AND
HERZEGOVINA.
(a) LIMITATION.—The Secretary of Defense may not
expend from funds appropriated to the Department of De-
fense for fiscal year 1999 more than $1,858,600,000 for
the purpose of providing for United States participation
in Bosnia peacekeeping operations.
(b) EMERGENCY EXCEPTION.—The Secretary may
increase the amount under subsection (a) by not more
than $100,000,000 for the sole purpose of safeguarding
United States forces in the event of hostilities, imminent
hostilities, or other grave danger to their well-being. Such
an increase may become effective only upon submission by
the Secretary to Congress of a certification that such
grave danger exists and that such additional funds are re-
quired to meet immediate security threats.
(c) REPORT.—Not later than April 1, 1999, the Sec-
retary of Defense shall submit to Congress a report with
respect to United States participation in Bosnia peace-
keeping operations. The report shall provide a detailed
projection of any additional funding that will be required
by the Department of Defense to meet mission require-
299
ments for such operations for the remainder of fiscal year
1999.
(d) PRESIDENTIAL AUTHORITY.—Nothing in this
section shall be deemed to restrict the authority of the
President under the Constitution to protect the lives of
United States citizens.
(e) BOSNIA PEACEKEEPING OPERATIONS.—For pur-
poses of subsection (a), the term ‘‘Bosnia peacekeeping
operations’’ means the operation designated as Operation
Joint Force, the operation designated as Operation Joint
Endeavor, and any other operation under which United
States military forces participate in peacekeeping or peace
enforcement activities in the Republic of Bosnia and
Herzegovina and any activity that is directly related to
the support of any such operation.
SEC. 1202. REPORTS ON THE MISSION OF UNITED STATES
FORCES 
IN 
REPUBLIC 
OF 
BOSNIA 
AND
HERZEGOVINA.
(a) FINDINGS.—Congress finds the following:
(1) In section 1202(1) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law
105–85; 111 Stat. 1929; approved November 18,
1997), it was stated to be the sense of the Congress
that United States ground combat forces should not
300
participate in a follow-on force in the Republic of
Bosnia and Herzegovina after June 1998.
(2) On December 16, 1997, the President an-
nounced his support for the continued deployment of
United States ground combat forces in the Republic
of Bosnia and Herzegovina after June 30, 1998, as
part of a multinational peacekeeping force led by the
North Atlantic Treaty Organization (NATO).
(3) The President’s decision to extend the pres-
ence of United States ground combat forces in the
Republic of Bosnia and Herzegovina has changed
the mission of those forces in a fundamental
manner.
(4) The President has in effect committed
United States ground combat forces in the Republic
of Bosnia and Herzegovina to providing a secure en-
vironment for complete implementation of the civil-
ian provisions of the Dayton Accords.
(5) The Administration has not specified how
long such an achievement will take and, therefore,
the mission of United States ground combat forces
in the Republic of Bosnia and Herzegovina is of in-
definite duration.
(b) ANNUAL
PRESIDENTIAL
REPORT.—(1) The
President shall submit to Congress an annual report on
301
the presence of United States ground combat forces in the
Republic of Bosnia and Herzegovina. Each such report
shall include the following:
(A) The President’s assessment of progress to-
ward the full implementation of the civilian goals of
the Dayton Accord, as specified in subsection (c).
(B) The expected duration of the deployment of
United States ground combat forces in the Republic
of Bosnia and Herzegovina in support of implemen-
tation of those goals.
(C) The percentage of those goals that have
been completed as of the date of the report, the per-
centage that are expected to be completed within the
next reporting period, and the expected time for
completion of the remaining tasks.
(2) The first report under this subsection shall be
submitted not later than 90 days after the date of the
enactment of this Act, and subsequent reports shall be
submitted at yearly intervals thereafter. The requirement
to submit an annual report under this subsection termi-
nates upon the withdrawal of all United States ground
combat forces from the Republic of Bosnia and
Herzegovina.
(c) BASIS
FOR ASSESSMENT
OF PROGRESS.—For
purposes of subsection (b)(1)(A), the President shall as-
302
sess whether progress is being made toward implementa-
tion of the civilian goals of the Dayton Accords based upon
assessment of the following goals and associated matters:
(1) Accomplishment of military stability, as
measured by—
(A) the maintenance of the cease-fire be-
tween the former warring parties;
(B) the continued cantonment of heavy
weapons and the observance of arms limita-
tions;
(C) the disbanding of special police;
(D) the termination of covert support to
the Srpska Demokratska Stranka party by the
Federal Republic of Yugoslavia; and
(E) similar measures.
(2) Police and judicial reform, as measured
by—
(A) the restructuring and ethnic integra-
tion of local police;
(B) completion of human rights training
by local police forces;
(C) the demonstrated ability of local police
to deal effectively and impartially with civil dis-
turbances and disorder;
303
(D) the implementation of an effective ju-
dicial reform program; and
(E) similar measures.
(3) Creation and implementation of effective
national institutions untainted by ethnic separatism,
as measured by—
(A) the dissolution of previously outlawed
institutions;
(B) a functioning customs service with na-
tional control over customs revenues;
(C) transparency in national budgets and
disbursements; and
(D) similar measures.
(4) Media reform, as measured by—
(A) the divestiture of control of broadcast
networks from the control of political parties;
(B) opposition party access to media;
(C) the availability of alternative and inde-
pendent media throughout the Republic of Bos-
nia and Herzegovina; and
(D) similar measures.
(5) Democratization and reform of the electoral
process, as measured by—
(A) transparent functioning of local, entity,
and national governments;
304
(B) acceptance of binding arbitration for
the implementation of results in contested local
elections;
(C) modification of electoral laws to meet
international and Organization for Security and
Cooperation in Europe (OSCE) standards;
(D) the free and fair conduct of the Sep-
tember 1998 national elections and subsequent
elections; and
(E) similar measures.
(6) Return of refugees, as measured by—
(A) compliance of entity property laws with
the Dayton Accords;
(B) participation by entity governments in
orderly cross-ethnic returns;
(C) protection by local police of returnees;
(D) acceptance of substantial numbers of
returned refugees in major cities; and
(E) similar measures.
(7) Resolution of the status of Brcko, as meas-
ured by—
(A) the implementation of local election re-
sults;
(B) the functioning of an ethnically inte-
grated police force;
305
(C) ethnic reintegration of Brcko and the
surrounding region; and
(D) similar measures.
(8) Compliance of persons indicted for war
crimes by the International Tribunal for the Former
Yugoslavia, as measured by—
(A) the termination of political, military,
and media control by war criminals;
(B) the assistance of local authorities in
apprehension of indictees;
(C) the cooperation of entity justice estab-
lishments in cooperating with the Tribunal; and
(D) similar measures.
(9) The ability of international organizations to
carry out their functions within the Republic of Bos-
nia and Herzegovina without military support, as
measured by—
(A) the ability of local authorities to carry
out demining programs;
(B) the ability of the Office of the High
Representative to enforce inter-entity agree-
ments without accompanying military shows of
force; and
(C) similar measures.
306
(10) Economic reconstruction and recovery, as
measured by—
(A) local currency circulating freely and its
use in official transactions;
(B) an agreement reached on a permanent
national currency in use in all entities;
(C) the creation of privatization laws con-
sistent with the Dayton Accords;
(D) government control over sources of
revenue;
(E) substantial repair and functioning of
major infrastructure elements;
(F) an in-place International Monetary
Fund program; and
(G) similar measures.
(d) SECRETARY
OF DEFENSE REPORT.—(1) Not
later than December 15, 1998, the Secretary of Defense
shall submit to the congressional defense committees a re-
port on the effects of military operations in the Republic
of Bosnia and Herzegovina and the Balkans region on the
capabilities of United States military forces and, in par-
ticular, on the capability of United States military forces
to conduct successfully two nearly simultaneous major the-
ater wars as specified in current Defense Planning Guid-
ance and in accordance with the deployment timelines
307
called for in the war plans of the commanders of unified
combatant commands.
(2) Whenever the number of United States ground
combat forces in the Republic of Bosnia and Herzegovina
increases or decreases by 10 percent or more compared
to the number of such forces as of the most recent pre-
vious report under this subsection, the Secretary shall sub-
mit an additional report as specified in paragraph (1). Any
such additional report shall be submitted within 30 days
of the date on which the requirement to submit the report
becomes effective under the preceding sentence.
(3) The Secretary shall include in each report under
this subsection information with respect to the effects of
military operations in the Republic of Bosnia and
Herzegovina and the Balkans region on the capabilities
of United States military forces to conduct successfully
two nearly simultaneous major theater wars as specified
in current Defense Planning Guidance and in accordance
with the deployment timelines called for in the war plans
of the commanders of unified combatant commands. Such
information shall include information on the effects of
those operations upon anticipated deployment plans for
major theater wars in Southwest Asia or on the Korean
peninsula including the following:
308
(A) Deficiencies or delays in deployment of
strategic lift, logistics support and infrastructure,
ammunition (including precision guided munitions)
support forces, intelligence assets, follow-on forces
used for planned counteroffensives, and similar
forces.
(B) Additional planned reserve component mo-
bilization, including specific units to be ordered to
active duty and required dates for activation of pres-
idential call-up authority.
(C) Specific plans and timelines for redeploy-
ment of United States forces from the Republic of
Bosnia and Herzegovina, the Balkans region, or sup-
porting forces in the region, to both the first and
second major theater war.
(D) Preventative actions or deployments involv-
ing United States forces in the Republic of Bosnia
and Herzegovina and the Balkans region that would
be taken in the event of a single theater war to deter
the outbreak of a second theater war.
(E) Specific plans and timelines to replace
forces deployed to the Republic of Bosnia and
Herzegovina, the Balkans region, or the surrounding
region to maintain United States military presence.
309
(F) An assessment, undertaken in consultation
with the Chairman of the Joint Chiefs of Staff and
the commanders of the unified combatant com-
mands, of the level of increased risk to successful
conduct of the major theater wars and the mainte-
nance of security and stability in the Republic of
Bosnia and Herzegovina and the Balkans region, by
the requirement to redeploy forces from Bosnia and
the Balkans in the event of a major theater war.
(e) DEFINITION OF DAYTON ACCORDS.—For pur-
poses of this section, the term ‘‘Dayton Accords’’ means
the General Framework Agreement for Peace in Bosnia
and Herzegovina, initialed by the parties in Dayton, Ohio,
on November 21, 1995, and signed in Paris on December
14, 1995.
SEC. 1203. REPORT ON MILITARY CAPABILITIES OF AN EX-
PANDED NATO ALLIANCE.
(a) REPORT.—The Secretary of Defense shall pre-
pare a report, in both classified and unclassified form, on
the planned future military capabilities of the North At-
lantic Treaty Organization (NATO) in light of the pro-
posed inclusion of Poland, the Czech Republic, and Hun-
gary in the NATO alliance. The report shall set forth—
(1) the tactical, operational, and strategic
issues that would be raised by the inclusion of Po-
310
land, the Czech Republic, and Hungary in the
NATO alliance;
(2) the required improvements to common alli-
ance military assets that would result from the in-
clusion of those nations in the alliance;
(3) the planned improvements to national capa-
bilities of current NATO members that would be re-
quired by reason of the inclusion of those nations in
the alliance;
(4) the planned improvements to national capa-
bilities of the military forces of those candidate
member nations; and
(5) the additional requirements that would be
imposed on the United States by NATO expansion.
(b) MATTERS TO BE INCLUDED.—The report shall
include the following:
(1) An assessment of the tactical and oper-
ational capabilities of the military forces of each of
the candidate member nations.
(2) An assessment of the capability of each can-
didate member nation to provide logistical, command
and control, and other vital infrastructure required
for alliance defense (as specified in Article V of the
NATO Charter), including a description in general
terms of alliance plans for reinforcing each can-
311
didate member nation during a crisis or war and de-
tailing means for deploying both United States and
other NATO forces from current member states and
from the continental United States or other United
States bases worldwide and, in particular, describing
plans for ground reinforcement of Hungary.
(3) An assessment of the ability of current and
candidate alliance members to deploy and sustain
combat forces in alliance defense missions conducted
in the territory of any of the candidate member na-
tions, as specified in Article V of the NATO Char-
ter.
(4) A description of projected defense programs
through 2009 (shown on an annual basis and cumu-
latively) of each current and candidate alliance mem-
ber nation, including planned investments in capa-
bilities relevant to Article V alliance defense and po-
tential alliance contingency operations and showing
both planned national efforts as well as planned alli-
ance common efforts and describing any disparities
in investments by current or candidate alliance
member nations.
(5) A detailed comparison and description of
any disparities in scope, methodology, assessments
of common alliance or national responsibilities, or
312
any other factor related to alliance capabilities be-
tween (A) the report on alliance expansion costs pre-
pared by the Department of Defense (in the report
submitted to Congress in February 1998 entitled
‘‘Report to the Congress on the Military Require-
ments and Costs of NATO Enlargement’’), and (B)
the report on alliance expansion costs prepared by
NATO collectively and referred to as the ‘‘NATO es-
timate’’, issued at Brussels in November 1997.
(6) Any other factor that, in the judgment of
the Secretary of Defense, bears upon the strategic,
operational, or tactical military capabilities of an ex-
panded NATO alliance.
(c) SUBMISSION OF REPORT.—The report shall be
submitted to Congress not later than March 15, 1999.
SEC. 
1204. 
ONE-YEAR 
EXTENSION 
OF 
COUNTER-
PROLIFERATION 
AUTHORITIES 
FOR 
SUP-
PORT OF UNITED NATIONS SPECIAL COMMIS-
SION ON IRAQ.
(a) AMOUNT
AUTHORIZED
FOR
FISCAL
YEAR
1999.—The total amount of assistance for fiscal year
1999 provided by the Secretary of Defense under section
1505 of the Weapons of Mass Destruction Control Act of
1992 (22 U.S.C. 5859a) that is provided in the form of
funds, including funds used for activities of the Depart-
313
ment of Defense in support of the United Nations Special
Commission on Iraq, may not exceed $15,000,000.
(b) EXTENSION OF AUTHORITY TO PROVIDE ASSIST-
ANCE.—Subsection (f) of section 1505 of the Weapons of
Mass Destruction Control Act of 1992 (22 U.S.C. 5859a)
is amended by striking out ‘‘1998’’ and inserting in lieu
thereof ‘‘1999’’.
SEC. 1205. REPEAL OF LANDMINE MORATORIUM.
Section 580 of the Foreign Operations Appropria-
tions Act, 1996 (Public Law 104–107; 110 Sat 751), is
repealed.
SEC. 1206. SENSE OF THE CONGRESS.
It is the sense of the Congress that—
(1) United States business interests must not
be placed above United States national security in-
terests;
(2) at the Presidential summit meeting to be
held in the People’s Republic of China in June of
1998, the United States should not—
(A) support membership of the People’s
Republic of China in the Missile Technology
Control Regime;
(B) agree to issue any blanket waiver of
the suspensions contained in section 902 of the
Foreign Relations Authorization Act, Fiscal
314
Years 1990 and 1991 (Public Law 101-246),
regarding the export of satellites of United
States origin intended for launch from a launch
vehicle owned by the People’s Republic of
China;
(C) agree to increase the number of
launches of satellites to geosynchronous orbit by
the People’s Republic of China above the num-
ber contained in Article II(B)(ii) of the 1995
Memorandum of Agreement Between the Gov-
ernment of the United States of America and
the Government of the People’s Republic of
China Regarding International Trade in Com-
mercial Launch Services;
(D) support any cooperative project with
the People’s Republic of China to design or
manufacture satellites;
(E) enter into any new scientific, technical,
or other agreements, or amend any existing sci-
entific, technical, or other agreements, with the
People’s Republic of China involving space or
missile-related technology;
(F) agree to any arms control initiative
that cannot be effectively verified, including any
315
initiative relating to detargeting of strategic of-
fensive missiles; or
(G) support any increase in the number or
frequency of military-to-military contacts be-
tween the United States and the People’s Re-
public of China;
(3) the decision of the executive branch in 1998
to issue a waiver allowing the export of satellite
technology to the People’s Republic of China was not
in the national interest of the United States, given
the ongoing criminal investigation by the Justice De-
partment of the transfer in 1996 of satellite tech-
nology to that country;
(4) the executive branch should ensure that
United States law regarding the export of satellites
to the Peoples Republic of China is enforced and
that the criminal investigation described in para-
graph (3) proceeds with all due dispatch; and
(5) the President should indefinitely suspend
the export of satellites of United States origin to the
People’s Republic of China, including those satellites
licensed in February 1998 as part of the Chinasat-
8 program.
316
SEC. 1207. INVESTIGATIONS OF SATELLITE LAUNCH FAIL-
URES.
(a) PARTICIPATION
IN INVESTIGATIONS.—In the
event of the failure of a launch from the People’s Republic
of China of a satellite of United States origin, no United
States person may participate in any subsequent inves-
tigation of the failure.
(b) DEFINITION.—As used in this section, the term
‘‘United States person’’ has the meaning given that term
in section 16 of the Export Administration Act of 1979,
and includes any officer or employee of the Federal Gov-
ernment or of any other government.
SEC. 1208. PROHIBITION ON EXPORTS OF MISSILE EQUIP-
MENT AND TECHNOLOGY TO CHINA.
No missile equipment or technology (as defined in
section 74 of the Arms Export Control Act (22 U.S.C.
2797c)) may be exported to the People’s Republic of
China.
SEC. 1209. PROHIBITION ON EXPORTS AND REEXPORTS OF
SATELLITES TO CHINA.
(a) IN GENERAL.—No satellites of United States ori-
gin (including commercial satellites and satellite compo-
nents) may be exported or reexported to the People’s Re-
public of China.
(b) PROHIBITION WITH RESPECT TO INFORMATION,
EQUIPMENT, AND TECHNOLOGY.—No information, equip-
317
ment, or technology that could be used in the acquisition,
design, development (including codevelopment), or produc-
tion (including coproduction) of any satellite or launch ve-
hicle may be exported or reexported to the People’s Repub-
lic of China.
(c) APPLICABILITY.—Subsections (a) and (b) apply
to any satellite, information, equipment, or technology
that as of the date of the enactment of this Act has not
been exported or reexported to the People’s Republic of
China, whether or not an export license for such export
or reexport has been approved as of such date.
SEC. 1210. PROHIBITION ON RESTRICTION OF ARMED
FORCES UNDER KYOTO PROTOCOL TO THE
UNITED NATIONS FRAMEWORK CONVENTION
ON CLIMATE CHANGE.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, no provision of the Kyoto Protocol to the
United Nations Framework Convention on Climate
Change, or any regulation issued pursuant to such proto-
col, shall restrict the procurement, training, or operation
and maintenance of the United States Armed Forces.
(b) WAIVER.—A provision of law may not be con-
strued as modifying or superseding the provisions of sub-
section (a) unless that provision of law—
(1) specifically refers to this section; and
318
(2) specifically states that such provision of law
modifies or supersedes the provisions of this section.
SEC. 1211. LIMITATION ON PAYMENTS FOR COST OF NATO
EXPANSION.
(a) The amount spent by the United States as its
share of the total cost to North Atlantic Treaty Organiza-
tion member nations of the admission of new member na-
tions to the North American Treaty Organization may not
exceed 10 percent of the cost of expansion or a total of
$2,000,000,000, whichever is less, for fiscal years 1999
through 2011.
(b) If at any time during the period specified in sub-
section (a), the United States’ share of the total cost of
expanding the North Atlantic Treaty Organization exceeds
10 percent, no further United States funds may be ex-
pended for the costs of such expansion until that percent-
age is reduced to below 10 percent.
SEC. 1212. COMMODITY JURISDICTION FOR SATELLITE EX-
PORTS.
(a) CONTROL ON MUNITIONS LIST.—All satellites of
United States origin, including commercial satellites and
satellite components, shall be placed on the United States
Munitions List, and the export of such satellites shall be
controlled under the Arms Export Control Act, effective
60 days after the date of the enactment of this Act.
319
(b) REGULATIONS.—Regulations to carry out sub-
section (a) shall be issued within 60 days after the date
of the enactment of this Act.
SEC. 1213. RELEASE OF EXPORT INFORMATION HELD BY
THE DEPARTMENT OF COMMERCE FOR PUR-
POSE OF NATIONAL SECURITY ASSESSMENTS.
(a) RELEASE OF EXPORT INFORMATION.—The Sec-
retary of Commerce shall transmit any information relat-
ing to exports that is held by the Department of Com-
merce and is requested by the officials designated in sub-
section (b) for the purpose of assessing national security
risks. The Secretary of Commerce shall transmit such in-
formation within 5 days after receiving a written request
for such information. Information referred to in this sec-
tion includes—
(1) export licenses, and information on exports
that were carried out under an export license issued
by the Department of Commerce; and
(2) information collected by the Department of
Commerce on exports from the United States that
were carried out without an export license.
(b) REQUESTING OFFICIALS.—The officials referred
to in subsection (a) are the Director of Central Intel-
ligence, the Secretary of Defense, and the Secretary of En-
ergy. The Director of Central Intelligence, the Secretary
320
of Defense, and the Secretary of Energy may delegate to
other officials within their respective agency and depart-
ments the authority to request information under sub-
section (b).
SEC. 1214. EXECUTION OF OBJECTION AUTHORITY WITHIN
THE DEPARTMENT OF DEFENSE.
Section 1211 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat.
1932) is amended by adding at the end the following new
subsection:
‘‘(g) DELEGATION OF OBJECTION AUTHORITY WITH-
IN THE DEPARTMENT OF DEFENSE.—For the purposes
of the Department of Defense, the authority to issue an
objection referred to in subsection (a) shall be executed
for the Secretary of Defense by an individual at the Assist-
ant Secretary level within the office of the Under Sec-
retary of Defense for Policy. In implementing subsection
(a), the Secretary of Defense shall ensure that Depart-
ment of Defense procedures maximize the ability of the
Department of Defense to be able to issue an objection
within the 10–day period specified in subsection (c).’’.
321
SEC. 1215. TRANSFER OF EXCESS UH-1 HUEY HELICOPTERS
AND AH-1 COBRA HELICOPTERS TO FOREIGN
COUNTRIES.
(a) IN GENERAL.—(1) Chapter 153 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 2581. Transfer of excess UH-1 Huey helicopters
and AH-1 Cobra helicopters to foreign
countries
‘‘(a) REQUIREMENTS.—The Secretary of Defense
shall make all reasonable efforts to ensure that any excess
UH-1 Huey helicopter or AH-1 Cobra helicopter that is
to be transferred on a grant or sales basis to a foreign
country for the purpose of flight operations for such coun-
try shall meet the following requirements:
‘‘(1) Prior to such transfer, the helicopter re-
ceives, to the extent necessary, maintenance and re-
pair equivalent to the depot-level maintenance and
repair, as defined in section 2460 of this title, that
such helicopter would need were the helicopter to re-
main in operational use with the armed forces of the
United States.
‘‘(2) Maintenance and repair described in para-
graph (1) is performed in the United States.
‘‘(b) EXCEPTION.—The requirements of subsection
(a) shall not apply with respect to salvage helicopters pro-
322
vided to the foreign country solely as a source for spare
parts.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘2581. Transfer of excess UH-1 Huey helicopters and AH-1 Cobra helicopters
to foreign countries.’’.
(b) EFFECTIVE DATE.—Section 2581 of title 10,
United States Code, as added by subsection (a), shall
apply with respect to the transfer of a UH-1 Huey heli-
copter or AH-1 Cobra helicopter on or after the date of
the enactment of this Act.
SEC. 1216. NUCLEAR EXPORT REPORTING REQUIREMENT.
The Arms Export Control Act (22 U.S.C. 2751 et
seq.) is amended by adding at the end the following new
chapter:
‘‘CHAPTER 11-NUCLEAR EXPORT
REPORTING
‘‘SEC. 111. REPORTS ON EXPORTS.
‘‘(a) ACTIONS REQUIRING REPORTING.—Unless and
until the conditions set forth in subsection (b) are met—
‘‘(1) no license may be issued for the export
of—
‘‘(A) any production facility or utilization
facility;
323
‘‘(B) any source material or special nuclear
material; or
‘‘(C) any component, substance, or item
that has been determined under section 109b.
of the Atomic Energy Act of 1954 to be espe-
cially relevant from the standpoint of export
control because of its significance for nuclear
explosive purposes;
‘‘(2) the United States shall not approve the re-
transfer of any facility, material, item, technical
data, component, or substance described in para-
graph (1); and
‘‘(3) no authorization may be given under sec-
tion 57b.(2) of the Atomic Energy Act of 1954 for
any person to engage, directly or indirectly, in the
production of special nuclear material.
‘‘(b) CONDITIONS.—
‘‘(1) IN GENERAL.—The conditions referred to
in subsection (a) are the following:
‘‘(A) Before the export, retransfer, or ac-
tivity is approved, the appropriate agency shall
transmit to the Committee on International Re-
lations of the House of Representatives and the
Committee on Foreign Relations of the Senate
a report describing such export, retransfer, or
324
activity and the basis for any proposed approval
thereof, and, in the case of an authorization de-
scribed in subsection (a)(3), the appropriate
agency shall transmit to the Committee on
Commerce of the House of Representatives a
report describing the activity for which author-
ization is sought and the basis for any proposed
approval thereof. Each report under this sub-
paragraph report shall contain—
‘‘(i) a detailed description of the pro-
posed export, retransfer, or activity, as the
case may be, including a brief description
of the quantity, value, and capabilities of
the export, retransfer, or activity;
‘‘(ii) the name of each contractor ex-
pected to provide the proposed export, re-
transfer, or activity;
‘‘(iii) an estimate of the number of of-
ficers and employees of the United States
Government and of United States civilian
contract personnel expected to be needed
in the recipient country to carry out the
proposed export, retransfer, or activity;
and
325
‘‘(iv) a description, including esti-
mated value, from each contractor de-
scribed in clause (ii) of any offset agree-
ments proposed to be entered into in con-
nection with such proposed export, retrans-
fer, or activity (if known on the date of
transmittal of the report), and the pro-
jected delivery dates and end user of the
proposed export, retransfer, or activity;
and
‘‘(v) the extent to which the recipient
country is in compliance with the condi-
tions specified in paragraph (2) of section
129 of the Atomic Energy Act of 1954.
The report transmitted under this subpara-
graph shall be unclassified, unless the public
disclosure thereof would be clearly detrimental
to the security of the United States.
‘‘(B) Unless the President determines that an
emergency exists which requires immediate approval
of the proposed export, retransfer, or activity in the
national security interests of the United States, no
such approval shall be given until at least 30 cal-
endar days after Congress receives the report de-
scribed in subparagraph (A), and shall not be ap-
326
proved then if Congress, within that 30-day period,
enacts a joint resolution prohibiting the proposed ex-
port, retransfer, or activity. If the President deter-
mines that an emergency exists that requires imme-
diate approval of the proposed export, retransfer, or
activity in the national security interests of the
United States, thus waiving the requirements of this
paragraph, he shall submit in writing to the Com-
mittee on International Relations of the House of
Representatives and the Committee on Foreign Re-
lations of the Senate a detailed justification for his
determination, including a description of the emer-
gency circumstances that necessitate the immediate
approval of the export, retransfer, or activity, and a
discussion of the national security interests involved.
‘‘(2) CONSIDERATION OF JOINT RESOLUTIONS
IN THE SENATE.—Any joint resolution under para-
graph (1)(B) shall be considered in the Senate in ac-
cordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export
Control Act of 1976.
‘‘(c) PUBLICATION OF UNCLASSIFIED TEXT OF RE-
PORTS.—The appropriate agency shall cause to be pub-
lished in the Federal Register, upon transmittal to the
Committee on International Relations of the House of
327
Representatives and the Committee on Foreign Relations
of the Senate, the full unclassified text of each report sub-
mitted pursuant to subsection (b)(1)(A).
‘‘(d) EXCEPTIONS.—The requirements of this section
shall not apply to—
‘‘(1) any export, retransfer, or activity for
which a general license or general authorization is
granted by the appropriate agency; or
‘‘(2) any export or retransfer to, or activity in,
a country that is a member of the Organization for
Economic Cooperation and Development.
‘‘(e) DEFINITIONS.—As used in this section, the
terms ‘production facility’, ‘utilization facility’, ‘source
material’, and ‘special nuclear material’, have the mean-
ings given those terms in section 11 of the Atomic Energy
Act of 1954.’’.
TITLE 
XIII—COOPERATIVE
THREAT 
REDUCTION 
WITH
STATES OF FORMER SOVIET
UNION
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE-
DUCTION PROGRAMS AND FUNDS.
(a) SPECIFICATION OF CTR PROGRAMS.—For pur-
poses of section 301 and other provisions of this Act, Co-
operative Threat Reduction programs are the programs
328
specified in subsection (b) of section 406 of title 10,
United States Code (as added by section 1305).
(b) FISCAL YEAR 1999 COOPERATIVE THREAT RE-
DUCTION FUNDS DEFINED.—As used in this title, the
term ‘‘fiscal year 1999 Cooperative Threat Reduction
funds’’ means the funds appropriated pursuant to the au-
thorization of appropriations in section 301 for Coopera-
tive Threat Reduction programs.
SEC. 1302. FUNDING ALLOCATIONS.
(a) IN GENERAL.—Of the fiscal year 1999 Coopera-
tive Threat Reduction funds, not more than the following
amounts may be obligated for the purposes specified:
(1) Except as provided in paragraph (11), for
strategic offensive arms elimination in Russia,
$142,400,000.
(2) Except as provided in paragraph (11), for
strategic nuclear arms elimination in Ukraine,
$47,500,000.
(3) For activities to support warhead dismantle-
ment processing in Russia, $9,400,000.
(4) For activities associated with chemical
weapons destruction in Russia, $35,000,000.
(5) For weapons transportation security in Rus-
sia, $10,300,000.
329
(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 pro-
duction of weapons grade plutonium at Russian re-
actors, $29,800,000.
(9) For biological weapons proliferation preven-
tion activities in Russia, $2,000,000.
(10) For activities designated as Other Assess-
ments/Administrative Support $7,000,000.
(11) For strategic arms elimination in Russia
or Ukraine, $31,400,000.
(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 para-
graphs in subsection (a) may not by reason of the use of
330
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 author-
ity provided in paragraph (1) only after—
(A) the Secretary submits to Congress notifica-
tion 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 pro-
vided 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 fis-
cal 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.
331
(2) Provision of housing.
(3) Provision of assistance to promote environ-
mental restoration.
(4) Provision of assistance to promote job re-
training.
(5) Programs other than the programs specified
in subsection (b) of section 406 of title 10, United
States Code (as added by section 1305).
(b) LIMITATION WITH RESPECT TO DEFENSE CON-
VERSION 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 FACILITY.
No fiscal year 1999 Cooperative Threat Reduction
funds authorized to be obligated in section 1302(a)(4) for
activities associated with chemical weapons destruction in
Russia, and no funds appropriated for Cooperative Threat
Reduction programs for any prior fiscal year and remain-
ing available for obligation, may be used for construction
of a chemical weapons destruction facility.
332
SEC. 1305. LIMITATION ON OBLIGATION OF FUNDS FOR A
SPECIFIED PERIOD.
(a) IN GENERAL.—(1) Chapter 20 of title 10, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 406. Use of Cooperative Threat Reduction program
funds: limitation
‘‘(a) IN GENERAL.—In carrying out Cooperative
Threat Reduction programs during any fiscal year, the
Secretary of Defense may use funds appropriated for
those programs only to the extent that those funds were
appropriated for that fiscal year or for either of the 2 pre-
ceding fiscal years.
‘‘(b) DEFINITION OF COOPERATIVE THREAT REDUC-
TION PROGRAMS.—In this section, the term ‘Cooperative
Threat Reduction programs’ means the following pro-
grams 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 of mass de-
struction and their delivery vehicles.
‘‘(2) Programs to facilitate the safe and secure
storage of fissile materials derived from the elimi-
nation of nuclear weapons.
333
‘‘(3) Programs to prevent the proliferation of
weapons of mass destruction, components, and tech-
nology and expertise related to such weapons.
‘‘(4) Programs to expand military-to-military
and defense contacts.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘406. Use of Cooperative Threat Reduction program funds: limitation.’’.
(b) EFFECTIVE DATE.—The limitation described in
section 406 of title 10, United States Code, as added by
subsection (a), shall apply with respect to fiscal years be-
ginning with fiscal year 1999.
SEC. 1306. REQUIREMENT TO SUBMIT BREAKDOWN OF
AMOUNTS REQUESTED BY PROJECT CAT-
EGORY.
The Secretary of Defense shall submit to Congress
on an annual basis, not later than 30 days after the date
that the President submits to Congress the budget of the
United States Government for the following fiscal year—
(1) a breakdown, with respect to the appropria-
tions requested for Cooperative Threat Reduction
programs for the fiscal year after the fiscal year in
which the breakdown is submitted, of the amounts
requested for each project category under each Co-
operative Threat Reduction program element; and
334
(2) a breakdown, with respect to appropriations
for Cooperative Threat Reduction programs for the
fiscal year in which the breakdown is submitted, of
the amounts obligated or expended, or planned to be
obligated or expended, for each project category
under each Cooperative Threat Reduction program
element.
SEC. 1307. LIMITATION ON USE OF FUNDS UNTIL COMPLE-
TION OF FISCAL YEAR 1998 REQUIREMENTS.
(a) USE OF FUNDS FOR PROGRAMS RELATED TO
START II TREATY.—No fiscal year 1999 Cooperative
Threat Reduction funds may be obligated or expended for
strategic offensive arms elimination projects in Russia re-
lated to the START II Treaty (as defined in section
1302(f) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1948))
until 30 days after the date on which the Secretary of
Defense submits to Congress the certification described in
section 1404 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105–85; 111 Stat.
1960).
(b) USE OF FUNDS FOR CHEMICAL WEAPONS DE-
STRUCTION FACILITY.—No fiscal year 1999 Cooperative
Threat Reduction funds may be obligated or expended for
activities relating to a chemical weapons destruction facil-
335
ity until 15 days after the date that is the later of the
dates described in section 1405 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105–
85; 111 Stat. 1960).
(c) USE OF FUNDS FOR DESTRUCTION OF CHEMICAL
WEAPONS.—No funds authorized to be appropriated
under this or any other Act for fiscal year 1999 for Coop-
erative Threat Reduction programs may be obligated or
expended for chemical weapons destruction activities until
the President submits to Congress the written certification
described in section 1406(b) of the National Defense Au-
thorization Act for Fiscal Year 1998 (Public Law 105–
85; 111 Stat. 1961).
(d) USE OF FUNDS FOR STORAGE FACILITY FOR
RUSSIAN FISSILE MATERIAL.—No fiscal year 1999 Coop-
erative Threat Reduction funds may be obligated or ex-
pended 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 dates described in section 1407
of the National Defense Authorization Act for Fiscal Year
1998 (Public Law 105–85; 111 Stat. 1962).
(e) USE OF FUNDS FOR WEAPONS STORAGE SECU-
RITY.—No fiscal year 1999 Cooperative Threat Reduction
funds intended for weapons storage security activities in
Russia may be obligated or expended until 15 days after
336
the date that the Secretary of Defense submits to Con-
gress the report on the status of negotiations between the
United States and Russia described in section 1408 of the
National Defense Authorization Act for Fiscal Year 1998
(Public Law 105–85; 111 Stat. 1962).
SEC. 1308. REPORT ON BIOLOGICAL WEAPONS PROGRAMS
IN RUSSIA.
(a) REPORT.—Not later than December 31, 1998,
the Secretary of Defense shall submit to the congressional
defense committees a report, in classified and unclassified
forms, containing—
(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 politi-
cal 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 pro-
grams formerly controlled or overseen by states of
the former Soviet Union.
337
(2) The extent and scope of continued biological
warfare research, development, testing, and produc-
tion in Russia, including the sites where such activ-
ity is occurring and the types of activity being con-
ducted.
(3) An assessment of compliance by Russia
with the terms of the Biological Weapons Conven-
tion.
(4) An identification and assessment of the
measures taken by Russia to comply with the obliga-
tions assumed under the Joint Statement on Biologi-
cal 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 bio-
logical research, development, testing, and produc-
tion 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.
338
(7) An assessment of the accuracy and com-
prehensiveness 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 as-
sessment of the impact of such programs on increas-
ing Russian military transparency with respect to bi-
ological weapons activities.
(10) An assessment of the political and military
utility of the long-term collaborative program advo-
cated by the National Academy of Sciences in its
October 27, 1997 report, ‘‘Controlling Dangerous
Pathogens: A Blueprint for U.S.-Russian Coopera-
tion’’.
SEC. 1309. LIMITATION ON USE OF FUNDS FOR BIOLOGICAL
WEAPONS PROLIFERATION PREVENTION AC-
TIVITIES IN RUSSIA.
No fiscal year 1999 Cooperative Threat Reduction
funds may be obligated or expended for biological weapons
339
proliferation prevention activities in Russia 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 a certification that no Coopera-
tive Threat Reduction funds provided for cooperative
research activities at biological research institutes in
Russia have been used—
(A) to support activities that have resulted
in the development of a new strain of anthrax;
or
(B) for any purpose inconsistent with the
objectives of providing such assistance.
(2) The date on which the Secretary submits to
the congressional defense committees notification
that the United States has examined and tested the
new strain of anthrax reportedly developed at the
State Research Center for Applied Microbiology in
Obolensk, Russia.
SEC. 1310. LIMITATION ON USE OF CERTAIN FUNDS FOR
STRATEGIC ARMS ELIMINATION IN RUSSIA
OR UKRAINE.
No fiscal year 1999 Cooperative Threat Reduction
funds authorized to be obligated in section 1302(a)(11)
for strategic arms elimination in Russia or Ukraine may
be obligated or expended until 30 days after the date that
340
the Secretary of Defense submits to the congressional de-
fense committees notification on how the Secretary plans
to use such funds.
SEC. 1311. AVAILABILITY OF FUNDS.
Funds appropriated pursuant to the authorization of
appropriations in section 301 for Cooperative Threat Re-
duction programs shall be available for obligation for three
fiscal years.
TITLE XIV—DEFENSE AGAINST
WEAPONS OF MASS DESTRUC-
TION
SEC. 1401. SHORT TITLE.
This title may be cited as the ‘‘Defense Against
Weapons of Mass Destruction Act of 1998’’.
SEC. 1402. FINDINGS.
The Congress finds the following:
(1) Many nations currently possess weapons of
mass destruction and related materials and tech-
nologies, and such weapons are increasingly available
to a variety of sources through legitimate and illegit-
imate means.
(2) The proliferation of weapons of mass de-
struction is growing, and will likely continue despite
the best efforts of the international community to
limit their flow.
341
(3) The increased availability, relative afford-
ability, and ease of use of weapons of mass destruc-
tion may make the use of such weapons an increas-
ingly attractive option to potential adversaries who
are not otherwise capable of countering United
States military superiority.
(4) On November 12, 1997, President Clinton
issued an Executive Order stating that ‘‘the pro-
liferation of nuclear, biological, and chemical weap-
ons (‘‘weapons of mass destruction’’) and the means
of delivering such weapons constitutes an unusual
and extraordinary threat to the national security,
foreign policy, and economy of the United States’’
and declaring a national emergency to deal with that
threat.
(5) The Quadrennial Defense Review concluded
that the threat or use of weapons of mass destruc-
tion is a likely condition of future warfare and poses
a potential threat to the United States.
(6) The United States lacks adequate prepared-
ness at the Federal, State, and local levels to re-
spond to a potential attack on the United States in-
volving weapons of mass destruction.
(7) The United States has initiated an effort to
enhance the capability of Federal, State, and local
342
governments as well as local emergency response
personnel to prevent and respond to a domestic ter-
rorist incident involving weapons of mass destruc-
tion.
(8) More than 40 Federal departments, agen-
cies, and bureaus are involved in combating terror-
ism, and many, including the Department of De-
fense, the Department of Justice, the Department of
Energy, the Department of Health and Human
Services, and the Federal Emergency Management
Agency, are executing programs to provide civilian
personnel at the Federal, State, and local levels with
training and assistance to prevent and respond to in-
cidents involving weapons of mass destruction.
(9) The Department of Energy has established
a Nuclear Emergency Response Team which is avail-
able to respond to incidents involving nuclear or ra-
diological emergencies.
(10) The Department of Defense has begun to
implement a program to train local emergency re-
sponders in major cities throughout the United
States to prevent and respond to incidents involving
weapons of mass destruction.
(11) The Department of Justice has established
a National Center for Domestic Preparedness at
343
Fort McClellan, Alabama, to conduct nuclear, bio-
logical, and chemical preparedness training for Fed-
eral, State, and local officials to enhance emergency
response to incidents involving weapons of mass de-
struction.
(12) Despite these activities, Federal agency
initiatives to enhance domestic preparedness to re-
spond to an incident involving weapons of mass de-
struction are hampered by incomplete interagency
coordination and overlapping jurisdiction of agency
missions, for example:
(A) The Secretary of Defense has proposed
the establishment of 10 Rapid Assessment and
Initial Detection elements, composed of 22 Na-
tional Guard personnel, to provide timely re-
gional assistance to local emergency responders
during an incident involving chemical or biologi-
cal weapons of mass destruction. However, the
precise working relationship between these Na-
tional Guard elements, the Federal Emergency
Management Agency regional offices, and State
and local emergency response agencies has not
yet been determined.
(B) The Federal Emergency Management
Agency, the lead Federal agency for con-
344
sequence management in response to a terrorist
incident involving weapons of mass destruction,
has withdrawn from the role of chair of the
Senior Interagency Coordination Group for do-
mestic emergency preparedness, and a successor
agency to chair the Senior Interagency Coordi-
nator has not yet been determined.
(C) In order to ensure effective local re-
sponse capabilities to incidents involving weap-
ons of mass destruction, the Federal Govern-
ment, in addition to providing training, must
concurrently address the need for—
(i) compatible communications capa-
bilities for all Federal, State, and local
emergency responders, which often use dif-
ferent radio systems and operate on dif-
ferent radio frequencies;
(ii) adequate equipment necessary for
response to an incident involving weapons
of mass destruction, and a means to en-
sure that financially lacking localities have
access to such equipment;
(iii) local and regional planning ef-
forts to ensure the effective execution of
emergency response in the event of an inci-
345
dent involving a weapon of mass destruc-
tion; and
(iv) increased planning and training
to prepare for emergency response capa-
bilities in port areas and littoral waters.
(D) The Congress is aware that Presi-
dential Decision Directives relating to domestic
emergency preparedness for response to terror-
ist incidents involving weapons of mass destruc-
tion are being considered, but agreement has
not been reached within the executive branch.
Subtitle A—Domestic Preparedness
SEC. 1411. DOMESTIC PREPAREDNESS FOR RESPONSE TO
THREATS OF TERRORIST USE OF WEAPONS
OF MASS DESTRUCTION.
(a) ENHANCED RESPONSE CAPABILITY.—In light of
the continuing potential for terrorist use of weapons of
mass destruction against the United States and the need
to develop a more fully coordinated response to that threat
on the part of Federal, State, and local agencies, the
President shall act to increase the effectiveness at the
Federal, State, and local level of the domestic emergency
preparedness program for response to terrorist incidents
involving weapons of mass destruction by developing an
integrated program that builds upon the program estab-
346
lished under title XIV of the National Defense Authoriza-
tion Act for Fiscal Year 1997 (Public Law 104–201; 110
Stat. 2714).
(b) REPORT.—Not later than January 31, 1999, the
President shall submit to Congress a report containing in-
formation on the actions taken at the Federal, State, and
local level to develop an integrated program to prevent and
respond to terrorist incidents involving weapons of mass
destruction.
SEC. 1412. REPORT ON DOMESTIC EMERGENCY PREPARED-
NESS.
Section 1051 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat.
1889) is amended by adding at the end the following new
subsection:
‘‘(c) ANNEX ON DOMESTIC EMERGENCY PRE-
PAREDNESS PROGRAM.—As part of the report sub-
mitted to Congress under subsection (b), the Presi-
dent shall include an annex which provides the fol-
lowing information on the domestic emergency pre-
paredness program for response to terrorist inci-
dents involving weapons of mass destruction (as es-
tablished under title XIV and section 1411 of the
National Defense Authorization Act for Fiscal Year
1999):
347
‘‘(1) information on program responsibil-
ities for each participating Federal department,
agency, and bureau;
‘‘(2) a summary of program activities per-
formed during the preceding fiscal year for each
participating Federal department, agency, and
bureau;
‘‘(3) a summary of program obligations
and expenditures during the preceding fiscal
year for each participating Federal department,
agency, and bureau;
‘‘(4) a summary of the program plan and
budget for the current fiscal year for each par-
ticipating Federal department, agency, and bu-
reau;
‘‘(5) the program budget request for the
following fiscal year for each participating Fed-
eral department, agency, and bureau;
‘‘(6) recommendations for improving Fed-
eral, State, and local domestic emergency pre-
paredness to respond to incidents involving
weapons of mass destruction that have been
made by the Advisory Commission on Domestic
Response Capabilities for Terrorism Involving
Weapons of Mass Destruction (as established
348
under section 1421 of the National Defense Au-
thorization Act for Fiscal Year 1999), and ac-
tions taken as a result of such recommenda-
tions; and
‘‘(7) requirements regarding additional
program measures and legislative authority for
which 
congressional 
action 
may 
be 
rec-
ommended.’’.
SEC. 1413. PERFORMANCE OF THREAT AND RISK ASSESS-
MENTS.
(a) THREAT AND RISK ASSESSMENTS.—(1) Assist-
ance to Federal, State, and local agencies provided under
the program under section 1411 shall include the perform-
ance of assessments of the threat and risk of terrorist em-
ployment of weapons of mass destruction against cities
and other local areas. Such assessments shall be used by
Federal, State, and local agencies to determine the train-
ing and equipment requirements under this program and
shall be performed as a collaborative effort with State and
local agencies.
(2) The Department of Justice, as lead Federal agen-
cy for crisis management in response to terrorism involv-
ing weapons of mass destruction, shall, through the Fed-
eral Bureau of Investigation, conduct any threat and risk
assessment performed under paragraph (1) in coordina-
349
tion with appropriate Federal, State, and local agencies,
and shall develop procedures and guidance for conduct of
the threat and risk assessment in consultation with offi-
cials from the intelligence community.
(3) The President shall identify and make available
the funds necessary to carry out this section.
(b) PILOT TEST.—(1) Before prescribing final proce-
dures and guidance for the performance of threat and risk
assessments under this section, the Attorney General,
through the Federal Bureau of Investigation may, in co-
ordination with appropriate Federal, State, and local
agencies, conduct a pilot test of any proposed method or
model by which such assessments are to be performed.
(2) The pilot test shall be performed in cities or local
areas selected by the Department of Justice, through the
Federal Bureau of Investigation, in consultation with ap-
propriate Federal, State, and local agencies.
(3) The pilot test shall be completed not later than
4 months after the date of the enactment of this Act.
350
Subtitle B—Advisory Commission
to Assess Domestic Response
Capabilities For Terrorism In-
volving Weapons of Mass De-
struction
SEC. 1421. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT.—There is hereby established a
commission to be known as the ‘‘Advisory Commission on
Domestic Response Capabilities for Terrorism Involving
Weapons of Mass Destruction’’ (hereinafter referred to as
the ‘‘Commission’’).
(b) COMPOSITION.—The Commission shall be com-
posed of 15 members, appointed as follows:
(1) four members appointed by the Speaker of
the House of Representatives;
(2) four members appointed by the majority
leader of the Senate;
(3) two members appointed by the minority
leader of the House of Representatives;
(4) two members appointed by the minority
leader of the Senate;
(5) three members appointed by the President.
(c) QUALIFICATIONS.—Members shall be appointed
from among individuals with knowledge and expertise in
emergency response matters.
351
(d) DEADLINE FOR APPOINTMENTS.—Appointments
shall be made not later than the date that is 30 days after
the date of the enactment of this Act.
(e) INITIAL MEETING.—The Commission shall con-
duct its first meeting not later than the date that is 30
days after the date that appointments to the Commission
have been made.
(f) CHAIRMAN.—A Chairman of the Commission
shall be elected by a majority of the members.
SEC. 1422. DUTIES OF COMMISSION.
The Commission shall—
(1) assess Federal agency efforts to enhance do-
mestic preparedness for incidents involving weapons
of mass destruction;
(2) assess the progress of Federal training pro-
grams for local emergency responses to incidents in-
volving weapons of mass destruction;
(3) assess deficiencies in training programs for
responses to incidents involving weapons of mass de-
struction, including a review of unfunded commu-
nications, equipment, and planning and maritime re-
gion needs;
(4) recommend strategies for ensuring effective
coordination with respect to Federal agency weapons
of mass destruction response efforts, and for ensur-
352
ing fully effective local response capabilities for
weapons of mass destruction incidents; and
(5) assess the appropriate role of State and
local governments in funding effective local response
capabilities.
SEC. 1423. REPORT.
Not later than the date that is 6 months after the
date of the first meeting of the Commission, the Commis-
sion shall submit a report to the President and to Con-
gress on its findings under section 1422 and recommenda-
tions for improving Federal, State, and local domestic
emergency preparedness to respond to incidents involving
weapons of mass destruction.
SEC. 1424. POWERS.
(a) HEARINGS.—The Commission or, at its direction,
any panel or member of the Commission, may, for the pur-
pose of carrying out this Act, hold such hearings, sit and
act at times and places, take testimony, receive evidence,
and administer oaths to the extent that the Commission
or any panel member considers advisable.
(b) INFORMATION.—The Commission may secure di-
rectly from any department or agency of the United States
information that the Commission considers necessary to
enable the Commission to carry out its responsibilities
under this Act.
353
SEC. 1425. COMMISSION PROCEDURES.
(a) MEETINGS.—The Commission shall meet at the
call of a majority of the members.
(b) QUORUM.—Eight members of the Commission
shall constitute a quorum other than for the purpose of
holding hearings.
(c) COMMISSION.—The Commission may establish
panels composed of less than full membership of the Com-
mission for the purpose of carrying out the Commission’s
duties. The actions of each such panel shall be subject to
the review and control of the Commission. Any findings
and determinations made by such panel shall not be con-
sidered the findings and determinations of the Commis-
sion unless approved by the Commission.
(d) AUTHORITY OF INDIVIDUALS TO ACT FOR COM-
MISSION.—Any member or agent of the Commission may,
if authorized by the Commission, take any action which
the Commission is authorized to take by this Act.
SEC. 1426. PERSONNEL MATTERS.
(a) PAY OF MEMBERS.—Members of the Commission
shall serve without pay by reason of their work on the
Commission.
(b) TRAVEL EXPENSES.—The members of the Com-
mission shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for employ-
ees of agencies under subchapter I of chapter 57 of title