H. R. 3616—241
(i) COSTS OF TRANSFERS.—Any expense incurred by the United
States in connection with a transfer authorized by this section
shall be charged to the recipient (notwithstanding section 516(e)(1)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)(1)) in
the case of a transfer authorized to be made on a grant basis
under subsection (a)).
( j) REPAIR
AND REFURBISHMENT
IN UNITED STATES SHIP-
YARDS.—To the maximum extent practicable, the Secretary of the
Navy shall require, as a condition of the transfer of a vessel under
this section, that the country to which the vessel is transferred
have such repair or refurbishment of the vessel as is needed,
before the vessel joins the naval forces of that country, performed
at a shipyard located in the United States, including a United
States Navy shipyard.
(k) EXPIRATION OF AUTHORITY.—The authority to transfer a
vessel under this section shall expire at the end of the 2-year
period beginning on the date of the enactment of this Act.
SEC. 1236. REPEAL OF LANDMINE MORATORIUM.
Section 580 of the Foreign Operations Appropriations Act, 1996
(Public Law 104–107; 110 Stat. 751), is repealed.
SEC. 1237. APPLICATION OF AUTHORITIES UNDER THE INTER-
NATIONAL EMERGENCY ECONOMIC POWERS ACT TO
COMMUNIST CHINESE MILITARY COMPANIES.
(a) PRESIDENTIAL AUTHORITY.—
(1) IN
GENERAL.—The President may exercise IEEPA
authorities (other than authorities relating to importation)
without regard to section 202 of the International Emergency
Economic Powers Act (50 U.S.C. 1701) in the case of any
commercial activity in the United States by a person that
is on the list published under subsection (b).
(2) PENALTIES.—The penalties set forth in section 206 of
the International Emergency Economic Powers Act (50 U.S.C.
1705) apply to violations of any license, order, or regulation
issued under paragraph (1).
(3) IEEPA
AUTHORITIES.—For purposes of paragraph (1),
the term ‘‘IEEPA authorities’’ means the authorities set forth
in section 203(a) of the International Emergency Economic
Powers Act (50 U.S.C. 1702(a)).
(b) DETERMINATION AND PUBLICATION OF COMMUNIST CHINESE
MILITARY COMPANIES OPERATING IN UNITED STATES.—
(1) INITIAL DETERMINATION AND PUBLICATION.—Not later
than 90 days after the date of the enactment of this Act,
the Secretary of Defense shall make a determination of those
persons operating directly or indirectly in the United States
or any of its territories and possessions that are Communist
Chinese military companies and shall publish a list of those
persons in the Federal Register.
(2) REVISIONS
TO
LIST.—The Secretary of Defense shall
make additions or deletions to the list published under para-
graph (1) on an ongoing basis based on the latest information
available.
(3) CONSULTATION.—The Secretary of Defense shall consult
with the following officers in carrying out paragraphs (1) and
(2):
(A) The Attorney General.
(B) The Director of Central Intelligence.
H. R. 3616—242
(C) The Director of the Federal Bureau of Investigation.
(4) COMMUNIST CHINESE MILITARY COMPANY.—For purposes
of making the determination required by paragraph (1) and
of carrying out paragraph (2), the term ‘‘Communist Chinese
military company’’ means—
(A) any person identified in the Defense Intelligence
Agency publication numbered VP–1920–271–90, dated
September 1990, or PC–1921–57–95, dated October 1995,
and any update of those publications for the purposes of
this section; and
(B) any other person that—
(i) is owned or controlled by the People’s Liberation
Army; and
(ii) is engaged in providing commercial services,
manufacturing, producing, or exporting.
(c) PEOPLE’S LIBERATION ARMY.—For purposes of this section,
the term ‘‘People’s Liberation Army’’ means the land, naval, and
air military services, the police, and the intelligence services of
the Communist Government of the People’s Republic of China,
and any member of any such service or of such police.
TITLE XIII—COOPERATIVE THREAT RE-
DUCTION 
WITH 
STATES 
OF 
THE
FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition on use of funds for specified purposes.
Sec. 1304. Limitation on use of funds for chemical weapons destruction activities in
Russia.
Sec. 1305. Limitation on use of funds for biological weapons proliferation prevention
activities in Russia.
Sec. 1306. Cooperative counter-proliferation program.
Sec. 1307. Requirement to submit summary of amounts requested by project
category.
Sec. 1308. Report on biological weapons programs in Russia.
Sec. 1309. Report on individuals with expertise in former Soviet weapons of mass
destruction programs.
SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
PROGRAMS AND FUNDS.
(a) SPECIFICATION
OF CTR PROGRAMS.—(1) For purposes of
section 301 and other provisions of this Act, Cooperative Threat
Reduction programs are the programs specified in section 1501(b)
of the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104–201; 110 Stat. 2731; 50 U.S.C. 2362 note) (as
amended by paragraph (2)).
(2) Section 1501(b)(3) of such Act is amended by inserting
‘‘materials,’’ after ‘‘components,’’.
(b) FISCAL YEAR 1999 COOPERATIVE THREAT REDUCTION FUNDS
DEFINED.—As used in this title, the term ‘‘fiscal year 1999 Coopera-
tive Threat Reduction funds’’ means the funds appropriated pursu-
ant to the authorization of appropriations in section 301 for
Cooperative Threat Reduction programs.
(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to
the authorization of appropriations in section 301 for Cooperative
Threat Reduction programs shall be available for obligation for
three fiscal years.
H. R. 3616—243
SEC. 1302. FUNDING ALLOCATIONS.
(a) FUNDING FOR SPECIFIC PURPOSES.—Of the amounts author-
ized to be appropriated to the Department of Defense for fiscal
year 1999 in section 301(23), $440,400,000 shall be available to
carry out Cooperative Threat Reduction programs, of which not
more than the following amounts may be obligated for the purposes
specified:
(1) For strategic offensive arms elimination in Russia,
$142,400,000.
(2) For strategic nuclear arms elimination in Ukraine,
$47,500,000.
(3) For activities to support warhead dismantlement
processing in Russia, $9,400,000.
(4) For activities associated with chemical weapons destruc-
tion in Russia, $88,400,000.
(5) For weapons transportation security in Russia,
$10,300,000.
(6) For planning, design, and construction of a storage
facility for Russian fissile material, $60,900,000.
(7) For weapons storage security in Russia, $41,700,000.
(8) For development of a cooperative program with the
Government of Russia to eliminate the production of weapons
grade plutonium at Russian reactors, $29,800,000.
(9) For biological weapons proliferation prevention activi-
ties in Russia, $2,000,000.
(10) For activities designated as Other Assessments/
Administrative Support, $8,000,000.
(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 (10) of subsection (a)
in excess of 115 percent of the amount stated in those paragraphs.
SEC. 1303. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES.
(a) IN GENERAL.—No fiscal year 1999 Cooperative Threat
Reduction funds, and no funds appropriated for Cooperative Threat
Reduction programs for any prior fiscal year and remaining avail-
able for obligation, may be obligated or expended for any of the
following purposes:
H. R. 3616—244
(1) Conducting with Russia any peacekeeping exercise or
other peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote environmental res-
toration.
(4) Provision of assistance to promote job retraining.
(b) LIMITATION WITH RESPECT TO DEFENSE CONVERSION ASSIST-
ANCE.—None of the funds appropriated pursuant to this Act may
be obligated or expended for the provision of assistance to Russia
or any other state of the former Soviet Union to promote defense
conversion.
SEC. 1304. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS
DESTRUCTION ACTIVITIES IN RUSSIA.
(a) LIMITATION.—Subject to the limitation in section 1405(b)
of the National Defense Authorization Act for Fiscal Year 1998
(Public Law 105–85; 111 Stat. 1961), no funds authorized to be
appropriated for Cooperative Threat Reduction programs under this
Act or any other Act may be obligated or expended for chemical
weapons destruction activities in Russia (including activities for
the planning, design, or construction of a chemical weapons destruc-
tion facility or for the dismantlement of an existing chemical weap-
ons production facility) until the President submits to Congress
a written certification described in subsection (b).
(b) PRESIDENTIAL CERTIFICATION.—A certification under this
subsection is either of the following certifications by the President:
(1) A certification that—
(A) Russia is making reasonable progress toward the
implementation of the Bilateral Destruction Agreement;
(B) the United States and Russia have made substan-
tial progress toward the resolution, to the satisfaction of
the United States, of outstanding compliance issues under
the Wyoming Memorandum of Understanding and the
Bilateral Destruction Agreement; and
(C) Russia has fully and accurately declared all
information regarding its unitary and binary chemical
weapons, chemical weapons facilities, and other facilities
associated with chemical weapons.
(2) A certification that the national security interests of
the United States could be undermined by a policy of the
United States not to carry out chemical weapons destruction
activities under Cooperative Threat Reduction programs for
which funds are authorized to be appropriated under this Act
or any other Act for fiscal year 1999.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘Bilateral Destruction Agreement’’ means the
Agreement Between the United States of America and the
Union of Soviet Socialist Republics on Destruction and Non-
production of Chemical Weapons and on Measures to Facilitate
the Multilateral Convention on Banning Chemical Weapons
signed on June 1, 1990.
(2) The term ‘‘Wyoming Memorandum of Understanding’’
means the Memorandum of Understanding Between the
Government of the United States of America and the Govern-
ment of the Union of Soviet Socialist Republics Regarding a
Bilateral Verification Experiment and Data Exchange Related