§5959. Reports on activities and assistance under cooperative threat reduction programs

(a) Annual report

In any year in which the budget of the President under section 1105 of title 31 for the fiscal year beginning in such year requests funds for the Department of Defense for assistance or activities under Cooperative Threat Reduction programs with the states of the former Soviet Union, the Secretary of Defense shall submit to Congress a report on activities and assistance during the preceding fiscal year under Cooperative Threat Reduction programs setting forth the matters in subsection (c) of this section.

(b) Deadline for report

The report under subsection (a) of this section shall be submitted not later than the first Monday in February of a year.

(c) Matters to be included

The report under subsection (a) of this section in a year shall set forth the following:

(1) An estimate of the total amount that will be required to be expended by the United States in order to achieve the objectives of the Cooperative Threat Reduction programs.

(2) A five-year plan setting forth the amount of funds and other resources proposed to be provided by the United States for Cooperative Threat Reduction programs over the term of the plan, including the purpose for which such funds and resources will be used, and to provide guidance for the preparation of annual budget submissions with respect to Cooperative Threat Reduction programs.

(3) A description of the Cooperative Threat Reduction activities carried out during the fiscal year ending in the year preceding the year of the report, including-

(A) the amounts notified, obligated, and expended for such activities and the purposes for which such amounts were notified, obligated, and expended for such fiscal year and cumulatively for Cooperative Threat Reduction programs;

(B) a description of the participation, if any, of each department and agency of the United States Government in such activities;

(C) a description of such activities, including the forms of assistance provided;

(D) a description of the United States private sector participation in the portion of such activities that were supported by the obligation and expenditure of funds for Cooperative Threat Reduction programs; and

(E) such other information as the Secretary of Defense considers appropriate to inform Congress fully of the operation of Cooperative Threat Reduction programs and activities, including with respect to proposed demilitarization or conversion projects, information on the progress toward demilitarization of facilities and the conversion of the demilitarized facilities to civilian activities.

(4) A description of the audits, examinations, and other efforts, such as on-site inspections, conducted by the United States during the fiscal year ending in the year preceding the year of the report to ensure that assistance provided under Cooperative Threat Reduction programs is fully accounted for and that such assistance is being used for its intended purpose, including-

(A) if such assistance consisted of equipment, a description of the current location of such equipment and the current condition of such equipment;

(B) if such assistance consisted of contracts or other services, a description of the status of such contracts or services and the methods used to ensure that such contracts and services are being used for their intended purpose;

(C) a determination whether the assistance described in subparagraphs (A) and (B) has been used for its intended purpose; and

(D) a description of the audits, examinations, and other efforts planned to be carried out during the fiscal year beginning in the year of the report to ensure that Cooperative Threat Reduction assistance provided during such fiscal year is fully accounted for and is used for its intended purpose.

(5) A current description of the tactical nuclear weapons arsenal of Russia, including-

(A) an estimate of the current types, numbers, yields, viability, locations, and deployment status of the nuclear warheads in that arsenal;

(B) an assessment of the strategic relevance of such warheads;

(C) an assessment of the current and projected threat of theft, sale, or unauthorized use of such warheads; and

(D) a summary of past, current, and planned United States efforts to work cooperatively with Russia to account for, secure, and reduce Russia's stockpile of tactical nuclear warheads and associated fissile materials.

(d) Input of DCI

The Director of Central Intelligence shall submit to the Secretary of Defense the views of the Director on any matters covered by subsection (c)(5) of this section in a report under subsection (a) of this section. Such views shall be included in such report as a classified annex to such report.

(e) Comptroller General assessment

Not later than 90 days after the date on which a report is submitted to Congress under subsection (a) of this section, the Comptroller General shall submit to Congress a report setting forth the Comptroller General's assessment of the information described in paragraphs (2) and (4) of subsection (c) of this section.

(f) First report

The first report submitted under subsection (a) of this section shall be submitted in 2001.

(g) Omitted

(h) Limitation on use of funds until submission of multiyear plan

Not more than 10 percent of fiscal year 2001 Cooperative Threat Reduction funds may be obligated or expended until the Secretary of Defense submits to Congress an updated version of the multiyear plan for fiscal year 2001 required to be submitted under section 1205 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 22 U.S.C. 5952 note).

(i) Report on Russian nonstrategic nuclear arms

Not later than 30 days after October 30, 2000, the Secretary of Defense shall submit to Congress a report on the following regarding Russia's arsenal of tactical nuclear warheads:

(1) Estimates regarding current types, numbers, yields, viability, locations, and deployment status of the warheads.

(2) An assessment of the strategic relevance of the warheads.

(3) An assessment of the current and projected threat of theft, sale, or unauthorized use of the warheads.

(4) A summary of past, current, and planned United States efforts to work cooperatively with Russia to account for, secure, and reduce Russia's stockpile of tactical nuclear warheads and associated fissile material.

( Pub. L. 106–398, §1 [[div. A], title XIII, §1308], Oct. 30, 2000, 114 Stat. 1654 , 1654A-341.)

Codification

Section is comprised of section 1 [[div. A], title XIII, §1308] of Pub. L. 106–398. Section 1 [[div. A], title XIII, §1308(g)] of Pub. L. 106–398 repealed section 5956 of this title, repealed section 1206 of Pub. L. 104–106 which was set out in a note under section 5955 of this title, repealed, effective on the date the Secretary of Defense submits to Congress an updated version of the multiyear plan for fiscal year 2001 as described in subsec. (h) of this section, section 1205 of Pub. L. 103–337, 108 Stat. 2883 , which is set out in part as a note under section 5952 of this title, amended section 1312 of Pub. L. 106–65 which is set out as a note under section 5955 of this title, and repealed sections 1203 of Pub. L. 103–337, 108 Stat. 2882 , and 1307 of Pub. L. 106–65, 113 Stat. 795 , which are not classified to the Code.

Section was enacted as part of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, and not as part of the Cooperative Threat Reduction Act of 1993 which comprises this chapter.

Specification of Cooperative Threat Reduction Programs and Funds for Purposes of H.R. 5408, as enacted by Pub. L. 106–398

Pub. L. 106–398, §1 [[div. A], title XIII, §1301(a), (b)], Oct. 30, 2000, 114 Stat. 1654 , 1654A-338, 1654A-339, provided that:

"(a) Specification of CTR Programs.-For purposes of section 301 [114 Stat. 1654A–52] and other provisions of this Act [H.R. 5408, as enacted by section 1 of Pub. L. 106–398, see Tables for classification], 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 2001 Cooperative Threat Reduction Funds Defined.-As used in this title [enacting this section, repealing section 5656 of this title, enacting provisions set out as notes under section 5952 of this title, and amending provisions set out as notes under sections 5952 and 5955 of this title], the term 'fiscal year 2001 Cooperative Threat Reduction funds' means the funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs."