NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1998 (Senate - July 09, 1997)

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AMENDMENT NO. 607, AS MODIFIED

Mr. WARNER. Mr. President, I ask unanimous consent that Senator Kyl's amendment be modified as indicated in the modification, which I now send to the desk, numbered 607.

Mr. LEVIN. Mr. President, let me ask a parliamentary inquiry.

The PRESIDING OFFICER. The Senator from Virginia has the floor.

Mr. WARNER. Mr. President, I yield the floor.

The PRESIDING OFFICER. The Senator from Michigan.

Mr. LEVIN. Mr. President, I understand that this modification, which has been offered by the sponsor of the amendment, would be in order, that he would have the right to modify his own amendment. Is that correct?

The PRESIDING OFFICER. The Senator from Arizona would have the right to modify his amendment only if cloture is not invoked tomorrow.

Mr. LEVIN. As of right now, if the Senator from Arizona were here, he would have the right to modify his amendment. Is that correct?

The PRESIDING OFFICER. If cloture were invoked tomorrow, the particular modification would be invalid without unanimous consent.

Mr. LEVIN. Parliamentary inquiry. Perhaps I did not state it clearly. If the Senator from Arizona were here now and offered to modify his own pending amendment, which is what I understand is being offered----

The PRESIDING OFFICER. It would be invalidated by the adoption of cloture tomorrow in the absence of unanimous consent.

Mr. WARNER. Mr. President, I am seeking unanimous consent and appearing on behalf of the Senator and offering it on his behalf. And the yeas and nays, to my understanding, have not been ordered.

The PRESIDING OFFICER. If unanimous consent were granted to the modification, of course.

Mr. WARNER. That is correct. And I have sought unanimous consent.

The PRESIDING OFFICER. Is there objection?

Mr. LEVIN. Parliamentary inquiry. I am sorry to press this. But my parliamentary inquiry is, that right to modify his own amendment would exist if the Senator were here himself at this point.

The PRESIDING OFFICER. Only with unanimous consent, should cloture be invoked tomorrow.

Mr. LEVIN. I note the absence of a quorum.

The PRESIDING OFFICER. The clerk will call the roll.

The legislative clerk called the roll.

Mr. WARNER. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

The PRESIDING OFFICER. Without objection, it is so ordered.

Mr. WARNER. Now, Mr. President, I thank the indulgence of the Chair while the Senator from Michigan and I have resolved such differences as we may have had and once again restate, I ask unanimous consent that the amendment of the Senator from Arizona, amendment No. 607 be amended, and I send to the desk the amendment.

The PRESIDING OFFICER. Is there objection? The Chair hears none, and it is so ordered.

Mr. WARNER. I thank the Chair.

The amendment (No. 607), as modified, is as follows:

At the end of subtitle E of title X, add the following:

SEC. 1075. LIMITATION ON USE OF COOPERATIVE THREAT REDUCTION FUNDS FOR DESTRUCTION OF CHEMICAL WEAPONS.

(a) Limitation.--No funds authorized to be appropriated under this or any other Act for fiscal year 1998 for Cooperative Threat Reduction programs may be obligated or expended for chemical weapons destruction activities, including for the planning, design, or construction of a chemical weapons destruction facility or for the dismantlement of an existing chemical weapons production facility, until the date that is 15 days after a certification is made under subsection (b).

(b) Presidential Certification.--A certification under this subsection is a certification by the President to Congress that--

(1) Russia is making reasonable progress toward the implementation of the Bilateral Destruction Agreement;

(2) the United States and Russia have resolved, to the satisfaction of the United States, outstanding compliance issues under the Wyoming memorandum of Understanding and the Bilateral Destruction Agreement;

(3) 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; and

(4) Russia and the United States have concluded an agreement that--

(A) provides for a limitation on the United States financial contribution for the chemical weapons destruction activities; and

(B) commits Russia to pay a portion of the cost for a chemical weapons destruction facility in an amount that demonstrates that Russia has a substantial stake in financing the implementation of both the Bilateral Destruction Agreement and the Chemical Weapons Convention, as called for in the condition provided in section 2(14) of the Senate Resolution entitled `A resolution to advise and consent to the ratification of the Chemical Weapons Convention, subject to certain conditions', agreed to by the Senate on April 24, 1997.

(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 Nonproduction of Chemical Weapons and on Measures to Facilitate the Multilateral Convention on Banning Chemical Weapons, signed on June 1, 1990.

(2) The term `Chemical Weapons Convention' means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993.

(3) The term `Cooperative Threat Reduction program' means a program 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).

(4) The term `Wyoming Memorandum of Understanding' means the Memorandum of Understanding Between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics Regarding a Bilateral Verification Experiment and Data Exchange Related to Prohibition on Chemical Weapons, signed at Jackson Hole, Wyoming, on September 23, 1989.

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