112 STAT. 2164 PUBLIC LAW 105-261—OCT. 17, 1998 to Prohibition on Chemical Weapons, signed at Jackson Hole, Wyoming, on September 23, 1989. SEC. 1305. LIMITATION ON USE OF FUNDS FOR BIOLOGICAL WEAPONS PROLIFERATION PREVENTION ACTIVITIES IN RUSSIA. No fiscal year 1999 Cooperative Threat Reduction funds may be obligated or expended for biological weapons proliferation prevention activities in Russia until 15 days after the date on which the Secretary submits to the congressional defense committees a report on— (1) whether Cooperative Threat Reduction funds provided for cooperative research activities at biological research institutes in Russia have been used— (A) to support activities to develop new strains of anthrax; or (B) for any purpose inconsistent with the objectives of providing such funds; and (2) the new strains of anthrax alleged to have been developed at a biological research institute in Russia and any efforts by the United States to examine such strains. SEC. 1306. COOPERATIVE COUNTER PROLIFERATION PROGRAM. (a) IN GENERAL.— Of the amount authorized to be appropriated in section 1302 (other than the amounts authorized to be appropriated in subsections (a)(1) and (a)(2) of that section) and subject to the limitations in that section and subsection (b), the Secretary of Defense may provide a country of the former Soviet Union with emergency assistance for removing or obtaining from that country— (1) weapons of mass destruction; or (2) materials, equipment, or technology related to the development or delivery of weapons of mass destruction. (b) CERTIFICATION REQUIRED. -- (1) The Secretary may not provide assistance under subsection (a) until 15 days after the date that the Secretary submits to the congressional defense committees a certification in writing that the weapons, materials, equipment, or technology described in that subsection meet each of the following requirements: (A) The weapons, materials, equipment, or technology are at risk of being sold or otherwise transferred to a restricted foreign state or entity. (B) The transfer of the weapons, materials, equipment, or technology would pose a significant near-term threat to the national security interests of the United States or would significantly advance a foreign country's weapon program that threatens the national security interests of the United States. (C) Other options for securing or otherwise preventing the transfer of the weapons, materials, equipment, or technology have been considered and rejected as ineffective or inadequate. (2) The 15-day notice requirement in paragraph (1) may be waived if the Secretary determines that compliance with the requirement would compromise the national security interests of the United States. In such case, the Secretary shall promptly notify the congressional defense committees of the circumstances regarding such determination in advance of providing assistance under subsection (a) and shall submit the certification required not later than 30 days afler providing such assistance.
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