CHAPTER 68A —COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET UNION
§5951. Findings on cooperative threat reduction
The Congress finds that it is in the national security interest of the United States for the United States to do the following:
(1) Facilitate, on a priority basis, the transportation, storage, safeguarding, and elimination of nuclear and other weapons of the independent states of the former Soviet Union, including—
(A) the safe and secure storage of fissile materials derived from the elimination of nuclear weapons;
(B) the dismantlement of (i) intercontinental ballistic missiles and launchers for such missiles, (ii) submarine-launched ballistic missiles and launchers for such missiles, and (iii) heavy bombers; and
(C) the elimination of chemical, biological and other weapons capabilities.
(2) Facilitate, on a priority basis, the prevention of proliferation of weapons (and components of weapons) of mass destruction and destabilizing conventional weapons of the independent states of the former Soviet Union and the establishment of verifiable safeguards against the proliferation of such weapons and components.
(3) Facilitate, on a priority basis, the prevention of diversion of weapons-related scientific expertise of the independent states of the former Soviet Union to terrorist groups or third world countries.
(4) Support (A) the demilitarization of the defense-related industry and equipment of the independent states of the former Soviet Union, and (B) the conversion of such industry and equipment to civilian purposes and uses.
(5) Expand military-to-military and defense contacts between the United States and the independent states of the former Soviet Union.
(
Short Title of 2003 Amendment
Short Title
Section 1201 of title XII of div. A of
Establishment of Interparliamentary Threat Reduction Working Group
"(a)
"(b)
"(c)
"(2) The Speaker of the House of Representatives, after consultation with the minority leader of the House of Representatives, shall appoint not more than 30 Members of the House to the working group."
§5952. Authority for programs to facilitate cooperative threat reduction
(a) In general
Notwithstanding any other provision of law, the President may conduct programs described in subsection (b) of this section to assist the independent states of the former Soviet Union in the demilitarization of the former Soviet Union. Any such program may be carried out only to the extent that the President determines that the program will directly contribute to the national security interests of the United States.
(b) Authorized programs
The programs referred to in subsection (a) of this section are the following:
(1) Programs to facilitate the elimination, and the safe and secure transportation and storage, of nuclear, chemical, and other weapons and their delivery vehicles.
(2) Programs to facilitate the safe and secure storage of fissile materials derived from the elimination of nuclear weapons.
(3) Programs to prevent the proliferation of weapons, weapons components, and weapons-related technology and expertise.
(4) Programs to expand military-to-military and defense contacts.
(5) Programs to facilitate the demilitarization of defense industries and the conversion of military technologies and capabilities into civilian activities.
(6) Programs to assist in the environmental restoration of former military sites and installations when such restoration is necessary to the demilitarization or conversion programs authorized in paragraph (5).
(7) Programs to provide housing for former military personnel of the former Soviet Union released from military service in connection with the dismantlement of strategic nuclear weapons, when provision of such housing is necessary for dismantlement of strategic nuclear weapons and when no other funds are available for such housing.
(8) Other programs as described in section 212(b) of the Soviet Nuclear Threat Reduction Act of 1991 (title II of
(c) United States participation
The programs described in subsection (b) of this section should, to the extent feasible, draw upon United States technology and expertise, especially from the private sector of the United States.
(
Amendments
2008—Subsec. (d).
2007—Subsec. (d).
2002—Subsec. (d).
Utilization of Contributions to the Cooperative Threat Reduction Program
"(a)
"(b)
"(c)
"(d)
"(1)
"(A) specifying the value of the contribution and the purpose for which the contribution was made; and
"(B) identifying the person who made the contribution.
"(2)
"(e)
"(1) A statement of any amounts contributed pursuant to subsection (a), including, for each such amount, the value of the contribution and the identity of the person who made the contribution.
"(2) A statement of any amounts so contributed that were obligated or expended by the Secretary, including, for each such amount, the purposes for which the amount was obligated or expended.
"(3) A statement of any amounts so contributed that were retained but not obligated or expended, including, for each such amount, the purposes (if known) for which the Secretary intends to obligate or expend the amount.
"(f)
"(g)
"(h)
"(1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives; and
"(2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate."
[For definition of Cooperative Threat Reduction programs for purposes of section 1303 of
Cooperative Threat Reduction Defense and Military Contacts Program
"(1) is executed pursuant to a well-developed strategy for advancing the mission of the Cooperative Threat Reduction Program;
"(2) is focused and expanded to support specific relationship-building opportunities, which could lead to Cooperative Threat Reduction Program development in new geographic areas and achieve other Cooperative Threat Reduction Program benefits;
"(3) is directly administered as part of the Cooperative Threat Reduction Program; and
"(4) includes cooperation and coordination with—
"(A) the unified combatant commands that operate in areas in which Cooperative Threat Reduction activities are carried out; and
"(B) related diplomatic efforts."
[For definition of Cooperative Threat Reduction programs for purposes of section 1306(a) of
Study and Report Relating to Weapons-grade Uranium and Plutonium of the Independent States of the Former Soviet Union
"(a)
"(1) purchasing, from the independent states of the former Soviet Union, weapons-grade uranium and plutonium excess to the defense needs of those states; and
"(2) safeguarding the uranium and plutonium so purchased until rendered unusable for nuclear weapons.
"(b)
Report Requirement Regarding Russian Proliferation to Iran and Other Countries of Proliferation Concern
"(a)
"(1) The number, type, and quality of direct and dual-use weapons of mass destruction and ballistic missile goods, technology, expertise, and information transferred.
"(2) The form, location, and manner in which such transfers took place.
"(3) The contribution that such transfers could make to the recipient countries' weapons of mass destruction and ballistic missile programs, and an estimate of how soon such countries will test, possess, and deploy weapons of mass destruction and ballistic missiles.
"(4) The impact and consequences that such transfers have, and could have over the next 10 years—
"(A) on United States national security;
"(B) on United States military forces deployed in the region to which such transfers are being made;
"(C) on United States allies, friends, and interests in that region; and
"(D) on the military capabilities of the country receiving such transfers from Russia.
"(5) The policy and strategy that the President intends to employ to halt Russian proliferation, the policy tools that the President intends to use to carry out that policy and strategy, the rationale for employing such tools, and the timeline by which the President expects to see material progress in ending Russian proliferation of direct and dual-use weapons of mass destruction and missile goods, technology, expertise, and information.
"(b)
"(1) in the most recent report under section 721 of the Combatting Proliferation of Weapons of Mass Destruction Act of 1996 (title VII of
"(2) in any successor report on the acquisition by foreign countries of dual-use and other technology useful for the development or production of weapons of mass destruction."
[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
[Functions of President under section 1206 of
Limited Waiver of Restrictions on Use of Funds for Threat Reduction in States of the Former Soviet Union
"(a)
"(1) the restrictions in subsection (d) of section 1203 of the Cooperative Threat Reduction Act of 1993 (
"(2) funds may be obligated and expended during that fiscal year under section 502 of the FREEDOM Support Act (
"(b)
"(A) A description of the activity or activities that prevent the President from certifying that the state is committed to the matters set forth in the provisions of law specified in paragraphs (1) and (2) of subsection (a) in such fiscal year.
"(B) An explanation of why the waiver is important to the national security interests of the United States.
"(C) A description of the strategy, plan, or policy of the President for promoting the commitment of the state to, and compliance by the state with, such matters, notwithstanding the waiver.
"(2) The matter included in the report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
"[(c), (d) Repealed.
[Functions of President under section 1306(a), (b) of
Transfer to National Nuclear Security Administration of Department of Defense's Cooperative Threat Reduction Program Relating to Elimination of Weapons Grade Plutonium Production in Russia
"(a)
"(1) The program, within the Cooperative Threat Reduction program of the Department of Defense, relating to the elimination of weapons grade plutonium production in Russia.
"(2) All functions, powers, duties, and activities of that program performed before the date of the enactment of this Act [Dec. 2, 2002] by the Department of Defense.
"(b)
"(2) The Cooperative Threat Reduction funds specified in this paragraph are the following:
"(A) Fiscal year 2002 Cooperative Threat Reduction funds, as specified in section 1301(b) of the National Defense Authorization Act for Fiscal Year 2002 (
"(B) Fiscal year 2001 Cooperative Threat Reduction funds, as specified in section 1301(b) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
"(C) Fiscal year 2000 Cooperative Threat Reduction funds, as specified in section 1301(b) of the National Defense Authorization Act for Fiscal Year 2000 (
"(c)
"(A) To design and construct, refurbish, or both, fossil fuel energy plants in Russia that provide alternative sources of energy to the energy plants in Russia that produce weapons grade plutonium.
"(B) To carry out limited safety upgrades of not more than three energy plants in Russia that produce weapons grade plutonium, provided that such upgrades do not extend the life of those plants.
"(2) Amounts available under paragraph (1) for activities referred to in that paragraph shall remain available for obligation for three fiscal years.
"(d)
"(A) the date on which the Administrator submits to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives, and the Committee on Foreign Relations of the Senate, a copy of an agreement or agreements entered into between the United States Government and the Government of the Russian Federation to shut down the three plutonium-producing reactors in Russia as specified under paragraph (2); and
"(B) the date on which the Administrator submits to the committees specified in subparagraph (A) a report on a plan to achieve international participation in the program referred to in subsection (a), including cost sharing.
"(2) The agreement (or agreements) under paragraph (1)(A) shall contain—
"(A) a commitment to shut down the three plutonium-producing reactors;
"(B) the date on which each such reactor will be shut down;
"(C) a schedule and milestones for each such reactor to complete the shutdown of such reactor by the date specified under subparagraph (B);
"(D) a schedule and milestones for refurbishment or construction of fossil fuel energy plants to be undertaken by the Government of the Russian Federation in support of the program;
"(E) an arrangement for access to sites and facilities necessary to meet such schedules and milestones;
"(F) an arrangement for audit and examination procedures in order to evaluate progress in meeting such schedules and milestones; and
"(G) any cost sharing arrangements between the United States Government and the Government of the Russian Federation in undertaking activities under such agreement (or agreements).
"(e)
"(2) Notwithstanding
"(3) The Secretary may not utilize under paragraph (2) any amount contributed under an agreement under paragraph (1) until 30 days after the date on which the Secretary notifies the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] of the intent to utilize such amount, including the source of such amount and the proposed purpose for which such amount will be utilized.
"(4) If any amount contributed under paragraph (1) has not been utilized within five years of receipt under that paragraph, the Secretary shall return such amount to the person, government, or organization contributing such amount under that paragraph.
"(5) Not later than 30 days after the receipt of any amount contributed under paragraph (1), the Secretary shall submit to the congressional defense committees a notice of the receipt of such amount.
"(6) Not later than October 31 each year, the Secretary shall submit to the congressional defense committees a report on the receipt and utilization of amounts under this subsection during the preceding fiscal year. Each report for a fiscal year shall set forth—
"(A) a statement of any amounts received under this subsection, including the source of each such amount; and
"(B) a statement of any amounts utilized under this subsection, including the purpose for which such amounts were utilized.
"(7) The authority of the Secretary to accept and utilize amounts under this subsection shall expire on December 31, 2011."
Accelerated Disposition of Highly Enriched Uranium
"(a)
"(2) The options pursued under paragraph (1) shall include expansion of the Material Consolidation and Conversion program of the Department of Energy to include—
"(A) additional facilities for the blending of highly enriched uranium; and
"(B) additional centralized secure storage facilities for highly enriched uranium designated for blending.
"(3) Any site selected for the storage of uranium or blended material under paragraph (2)(B) shall undergo complete materials protection, control, and accounting upgrades before the commencement of the storage of uranium or blended material at such site under the program.
"(b)
"(c)
"(1) January 1, 2014; or
"(2) the date on which the Secretary certifies that such uranium can be absorbed into the global market without undue disruption to the uranium mining, conversion, and enrichment industry in the United States.
"(d)
Plan for Accelerated Return of Weapons-Usable Nuclear Materials
"(a)
"(b)
"(1) transferring highly enriched uranium to Russia; and
"(2) upgrading the materials protection, control, and accounting procedures at such research reactors and facilities until the weapons-usable nuclear materials in such reactors and facilities are returned in accordance with that subsection.
"(c)
Russian Federation Debt Reduction for Nonproliferation
"SEC. 1311. SHORT TITLE.
"This subtitle may be cited as the 'Russian Federation Debt for Nonproliferation Act of 2002'.
"SEC. 1312. FINDINGS AND PURPOSES.
"(a)
"(1) It is in the vital security interests of the United States to prevent the spread of weapons of mass destruction to additional states or to terrorist organizations, and to ensure that other nations' obligations to modify their stockpiles of such arms in accordance with treaties, executive agreements, or political commitments are fulfilled.
"(2) In particular, it is in the vital national security interests of the United States to ensure that—
"(A) all stocks of nuclear weapons and weapons-usable nuclear material in the Russian Federation are secure and accounted for;
"(B) stocks of nuclear weapons and weapons-usable nuclear material that are excess to military needs in the Russian Federation are monitored and reduced;
"(C) any chemical or biological weapons, related materials, and facilities in the Russian Federation are destroyed;
"(D) the Russian Federation's nuclear weapons complex is reduced to a size appropriate to its post-Cold War missions, and its experts in weapons of mass destruction technologies are shifted to gainful and sustainable civilian employment;
"(E) the Russian Federation's export control system blocks any proliferation of weapons of mass destruction, the means of delivering such weapons, and materials, equipment, know-how, or technology that would be used to develop, produce, or deliver such weapons; and
"(F) these objectives are accomplished with sufficient monitoring and transparency to provide confidence that they have in fact been accomplished and that the funds provided to accomplish these objectives have been spent efficiently and effectively.
"(3) United States programs should be designed to accomplish these vital objectives in the Russian Federation as rapidly as possible, and the President should develop and present to Congress a plan for doing so.
"(4) Substantial progress has been made in United States-Russian Federation cooperative programs to achieve these objectives, but much more remains to be done to reduce the urgent risks to United States national security posed by the current state of the Russian Federation's weapons of mass destruction stockpiles and complexes.
"(5) The threats posed by inadequate management of weapons of mass destruction stockpiles and complexes in the Russian Federation remain urgent. Incidents in years immediately preceding 2001, which have been cited by the Russia Task Force of the Secretary of Energy Advisory Board, include—
"(A) a conspiracy at one of the Russian Federation's largest nuclear weapons facilities to steal nearly enough highly enriched uranium for a nuclear bomb;
"(B) an attempt by an employee of the Russian Federation's premier nuclear weapons facility to sell nuclear weapons designs to agents of Iraq and Afghanistan; and
"(C) the theft of radioactive material from a Russian Federation submarine base.
"(6) Addressing these threats to United States and world security will ultimately consume billions of dollars, a burden that will have to be shared by the Russian Federation, the United States, and other governments, if these threats are to be neutralized.
"(7) The creation of new funding streams could accelerate progress in reducing these threats to United States security and help the government of the Russian Federation to fulfill its responsibility for secure management of its weapons stockpiles and complexes as United States assistance phases out.
"(8) The Russian Federation has a significant foreign debt, a substantial proportion of which it inherited from the Soviet Union.
"(9) Past debt-for-environment exchanges, in which a portion of a country's foreign debt is canceled in return for certain environmental commitments or payments by that country, suggest that a debt-for-nonproliferation exchange with the Russian Federation could be designed to provide additional funding for nonproliferation and arms reduction initiatives.
"(10) Most of the Russian Federation's official bilateral debt is held by United States allies that are advanced industrial democracies. Since the issues described pose threats to United States allies as well, United States leadership that results in a larger contribution from United States allies to cooperative threat reduction activities will be needed.
"(11) At the June 2002 meeting of the G–8 countries, agreement was achieved on a G–8 Global Partnership against the Spread of Weapons and Materials of Mass Destruction, under which the advanced industrial democracies committed to contribute $20,000,000,000 to nonproliferation programs in the Russian Federation during a 10-year period, with each contributing country having the option to fund some or all of its contribution through reduction in the Russian Federation's official debt to that country.
"(12) The Russian Federation's Soviet-era official debt to the United States is estimated to be $480,000,000 in Lend-Lease debt and $2,250,000,000 in debt as a result of credits extended under title I of the Agricultural Trade Development and Assistance Act of 1954 [now Food for Peace Act] (
"(b)
"(1) to facilitate the accomplishment of the United States objectives described in the findings set forth in subsection (a) by providing for the use of a portion of the Russian Federation's foreign debt to fund nonproliferation programs, thus allowing the use of additional resources for these purposes; and
"(2) to help ensure that the resources made available to the Russian Federation are targeted to the accomplishment of the United States objectives described in the findings set forth in subsection (a).
"SEC. 1313. DEFINITIONS.
"In this subtitle:
"(1)
"(A) the Committee on International Relations [now Committee on Foreign Affairs] and the Committee on Appropriations of the House of Representatives; and
"(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
"(2)
"(3)
"(4)
"(5)
"SEC. 1314. AUTHORITY TO REDUCE THE RUSSIAN FEDERATION'S SOVIET-ERA DEBT OBLIGATIONS TO THE UNITED STATES.
"(a)
"(1)
"(2)
"(3)
"(b)
"(1)
"(2)
"(3)
"(A) shall notify—
"(i) the Department of State, with respect to obligations of the former Soviet Union under the Lend Lease Act of 1941 [former
"(ii) the Commodity Credit Corporation, with respect to obligations of the former Soviet Union under the Commodity Credit Corporation Act [
"(B) shall direct the cancellation of old obligations and the substitution of new obligations consistent with the Russian Federation Nonproliferation Investment Agreement; and
"(C) shall direct the appropriate agency to make an adjustment in the relevant accounts to reflect the new debt treatment.
"(4)
"(5)
"(c)
"(1)
"(2)
"SEC. 1315. RUSSIAN FEDERATION NONPROLIFERATION INVESTMENT AGREEMENT.
"(a)
"(1)
"(2)
"(b)
"(1) an amount equal to the value of the debt reduced pursuant to this subtitle will be made available by the Russian Federation for agreed nonproliferation programs and projects;
"(2) each program or project funded pursuant to the Agreement will be approved by the President;
"(3) the administration and oversight of nonproliferation programs and projects will incorporate best practices from established threat reduction and nonproliferation assistance programs;
"(4) each program or project funded pursuant to the Agreement will be subject to monitoring and audits conducted by or for the United States Government to confirm that agreed funds are expended on agreed projects and meet agreed targets and benchmarks;
"(5) unobligated funds for investments pursuant to the Agreement will not be diverted to other purposes;
"(6) funds allocated to programs and projects pursuant to the Agreement will not be subject to any taxation by the Russian Federation;
"(7) all matters relating to the intellectual property rights and legal liabilities of United States firms in any project will be agreed upon before the expenditure of funds would be authorized for that project; and
"(8) not less than 75 percent of the funds made available for each nonproliferation program or project under the Agreement will be spent in the Russian Federation.
"(c)
"(d)
"(e)
"(1) if funds obligated for approved programs or projects are determined to have been misappropriated; and
"(2) if the President is unable to make the certification required by section 1317(a) for two consecutive years.
"SEC. 1316. INDEPENDENT MEDIA AND THE RULE OF LAW.
"Notwithstanding section 1315 (a)(1) and (b)(1), up to 10 percent of the amount equal to the value of the debt reduced pursuant to this subtitle may be used to promote a vibrant, independent media sector and the rule of law in the Russian Federation through an endowment to support the establishment of a 'Center for an Independent Press and the Rule of Law' in the Russian Federation, which shall be directed by a joint United States-Russian Board of Directors in which the majority of members, including the chairman, shall be United States personnel, and which shall be responsible for management of the endowment, its funds, and the Center's programs.
"SEC. 1317. RESTRICTION ON DEBT REDUCTION AUTHORITY.
"(a)
"(b)
"(c)
"(1) determines that application of the subsection for a fiscal year would be counter to the national interest of the United States; and
"(2) so reports to the appropriate congressional committees.
"SEC. 1318. DISCUSSION OF RUSSIAN FEDERATION DEBT REDUCTION FOR NONPROLIFERATION WITH OTHER CREDITOR STATES.
"It is the sense of Congress that the President and such other appropriate officials as the President may designate should pursue discussions with other creditor states with the objectives of—
"(1) ensuring that other advanced industrial democracies, especially the largest holders of Soviet-era Russian debt, dedicate significant proportions of their bilateral official debt with the Russian Federation or equivalent amounts of direct assistance to the G–8 Global Partnership against the Spread of Weapons and Materials of Mass Destruction, as agreed upon in the Statement by G–8 Leaders on June 27, 2002; and
"(2) reaching agreement, as appropriate, to establish a unified Russian Federation official debt reduction fund to manage and provide financial transparency for the resources provided by creditor states through debt reductions.
"SEC. 1319. IMPLEMENTATION OF UNITED STATES POLICY.
"It is the sense of Congress that implementation of debt-for-nonproliferation programs with the Russian Federation should be overseen by the coordinating mechanism established pursuant to section 1334 of this Act [
"SEC. 1320. CONSULTATIONS WITH CONGRESS.
"The President shall consult with the appropriate congressional committees on a periodic basis to review the implementation of this subtitle and the Russian Federation's eligibility for debt reduction pursuant to this subtitle.
"SEC. 1321. ANNUAL REPORTS TO CONGRESS.
"Not later than December 31, 2003, and not later than December 31 of each year thereafter, the President shall prepare and transmit to Congress a report concerning actions taken to implement this subtitle during the fiscal year preceding the fiscal year in which the report is transmitted. The report on a fiscal year shall include—
"(1) a description of the activities undertaken pursuant to this subtitle during the fiscal year;
"(2) a description of the nature and amounts of the loans reduced pursuant to this subtitle during the fiscal year;
"(3) a description of any agreement entered into under this subtitle;
"(4) a description of the progress during the fiscal year of any projects funded pursuant to this subtitle;
"(5) a summary of the results of relevant audits performed in the fiscal year; and
"(6) a certification, if appropriate, that the Russian Federation continued to meet the condition required by section 1317(a), and an explanation of why the certification was or was not made."
[Functions of President under section 1321 of
Plan for Securing Nuclear Weapons, Material, and Expertise of the States of the Former Soviet Union
"(a)
"(1) for cooperating with Russia on disposing, as soon as practicable, of nuclear weapons and weapons-usable nuclear material in Russia that Russia does not retain in its nuclear arsenals;
"(2) for assisting Russia in downsizing its nuclear weapons research and production complex;
"(3) for cooperating with the other states of the former Soviet Union on disposing, as soon as practicable, of all nuclear weapons and weapons-usable nuclear material in such states; and
"(4) for preventing the outflow from the states of the former Soviet Union of scientific expertise that could be used for developing nuclear weapons, other weapons of mass destruction, and delivery systems for such weapons.
"(b)
"(1) Specific goals and measurable objectives for programs that are designed to carry out the objectives described in subsection (a).
"(2) Criteria for success for such programs, and a strategy for eventual termination of United States contributions to such programs and assumption of the ongoing support of those programs by others.
"(3) A description of any administrative and organizational changes necessary to improve the coordination and effectiveness of such programs. In particular, the plan shall include consideration of the creation of an interagency committee that would have primary responsibilities within the executive branch for—
"(A) monitoring United States nonproliferation efforts in the states of the former Soviet Union;
"(B) coordinating the implementation of United States policy with respect to such efforts; and
"(C) recommending to the President integrated policies, budget options, and private sector and international contributions for such programs.
"(4) An estimate of the cost of carrying out such programs.
"(c)
"(1) is encouraged to consult with the relevant states of the former Soviet Union regarding the practicality of various options; and
"(2) shall consult with the majority and minority leadership of the appropriate committees of Congress.
"(d)
"(2) Each report under paragraph (1) shall include—
"(A) a discussion of progress made during the year covered by such report in the matters of the plan required by subsection (a);
"(B) a discussion of consultations with foreign nations, and in particular the Russian Federation, during such year on joint programs to implement the plan;
"(C) a discussion of cooperation, coordination, and integration during such year in the implementation of the plan among the various departments and agencies of the United States Government, as well as private entities that share objectives similar to the objectives of the plan; and
"(D) any recommendations that the President considers appropriate regarding modifications to law or regulations, or to the administration or organization of any Federal department or agency, in order to improve the effectiveness of any programs carried out during such year in the implementation of the plan."
[Functions of President under section 1205(d) of
Requirement To Consider Use of Revenue Generated by Activities Carried Out Under Cooperative Threat Reduction Programs
Prohibition Against Use of Funds for Second Wing of Fissile Material Storage Facility
Annual Report on Status of Nuclear Materials Protection, Control, and Accounting Program
Limitation on Use of Funds for Certain Purposes
"(a) The conditions described in section 1305 of the National Defense Authorization Act for Fiscal Year 2000 (
"(1) a statement as to why waiving the conditions is important to the national security interests of the United States;
"(2) a full and complete justification for exercising this waiver; and
"(3) a plan to promote a full and accurate disclosure by Russia regarding the size, content, status, and location of its chemical weapons stockpile.
"(b)
"SEC. 1303. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES
"(a)
"(1) Conducting with Russia any peacekeeping exercise or other peacekeeping-related activity.
"(2) Provision of housing.
"(3) Provision of assistance to promote environmental restoration.
"(4) Provision of assistance to promote job retraining.
"(b)
"(c)
"SEC. 1304. LIMITATIONS ON USE OF FUNDS FOR FISSILE MATERIAL STORAGE FACILITY
"(a)
"(1) for construction of a second wing for the storage facility for Russian fissile material referred to in section 1302(a)(6) [
"(2) for design or planning with respect to such facility until 15 days after the date that the Secretary of Defense submits to Congress notification that Russia and the United States have signed a verifiable written transparency agreement that ensures that material stored at the facility is of weapons origin.
"(b)
"(1) A certification that additional capacity is necessary at such facility for storage of Russian weapons-origin fissile material.
"(2) A detailed cost estimate for a second wing for the facility.
"(3) A certification that Russia and the United States have signed a verifiable written transparency agreement that ensures that material stored at the facility is of weapons origin.
"[SEC. 1305. Repealed. Pub. L. 110–53, title XVIII, §1811(3), Aug. 3, 2007, 121 Stat. 492 , and Pub. L. 110–181, div. A, title XIII, §1304(a)(3), Jan. 28, 2008, 122 Stat. 412 .]"
Similar provisions were contained in the following prior authorization acts:
Limitation on Use of Funds for Chemical Weapons Destruction Activities in Russia
"(a)
"(b)
"(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 substantial 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)
"(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 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."
[Memorandum of President of the United States, July 16, 1999, 64 F.R. 40503, delegated to Secretary of Defense authority of President under section 1304(b)(2) of
Similar provisions were contained in the following prior authorization acts:
Requirement To Submit Summary of Amounts Requested by Project Category
"(a)
"(1) a descriptive summary, with respect to the appropriations requested for Cooperative Threat Reduction programs for the fiscal year after the fiscal year in which the summary is submitted, of the amounts requested for each project category under each Cooperative Threat Reduction program element; and
"(2) a descriptive summary, with respect to appropriations for Cooperative Threat Reduction programs for the fiscal year in which the list is submitted and the previous fiscal year, of the amounts obligated or expended, or planned to be obligated or expended, for each project category under each Cooperative Threat Reduction program element.
"(b)
"(c)
"(1) The annual report on activities and assistance under Cooperative Threat Reduction programs required in such fiscal year under section 1308 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
"(2) The budget justification materials submitted to Congress in support of the Department of Defense budget for the fiscal year succeeding such fiscal year (as submitted with the budget of the President under
Authority To Conduct Program Relating to Fissile Materials
Multiyear Planning and Allied Support
Condition on Assistance to Russia for Construction of Plutonium Storage Facility
Section 1612 of
"(a)
"(b)
"(1) is committed to halting the chemical separation of weapon-grade plutonium from spent nuclear fuel; and
"(2) is taking all practical steps to halt such separation at the earliest possible date.
"(c)
"(d)
[Memorandum of President of the United States, Mar. 10, 1994, 59 F.R. 14079, delegated to Secretary of State authority and duty of President under section 1612(b) and (d) of
Presidential Determination on Waiver of Conditions on Obligations and Expenditure of Funds for Planning, Design, and Construction of a Chemical Weapons Destruction Facility in Russia for Calendar Year 2007
Determination of President of the United States, No. 2007–6, Dec. 6, 2006, 71 F.R. 77581, provided:
Memorandum for the Secretary of State
Consistent with the authority vested in me by section 1303 of the National Defense Authorization Act for Fiscal Year 2005 (
You are authorized and directed to transmit this certification, including the statement, justification, and plan, to the Congress and to arrange for the publication of this certification in the Federal Register.
George W. Bush.
Prior determinations and certifications for Russia were contained in the following:
Determination of President of the United States, No. 2006–6, Dec. 22, 2005, 71 F.R. 1469.
Determination of President of the United States, No. 2005–07, Nov. 29, 2004, 69 F.R. 72109.
Determination of President of the United States, No. 03–10, Jan. 10, 2003, 68 F.R. 2411.
Waiver of Restrictions on Assistance to Russia Under the Cooperative Threat Reduction Act of 1993 and Title V of the FREEDOM Support Act
Determination of President of the United States, No. 2005–09, Dec. 6, 2004, 69 F.R. 74933, provided:
Memorandum for the Secretary of State
Consistent with the authority vested in me by section 1306 of the [Bob Stump] national [National] Defense Authorization Act for Fiscal Year 2003 (
You are authorized and directed to transmit to the Congress this certification and the associated report (including its classified annex) [not set out in the Code] that has been prepared by my Administration consistent with section 1306(b) of
George W. Bush.
Prior determinations and certifications for Russia were contained in the following:
Determination of President of the United States, No. 2004–08, Nov. 7, 2003, 68 F.R. 65383.
Determination of President of the United States, No. 03–11, Jan. 10, 2003, 68 F.R. 2419.
Waiver of Restrictions on Assistance to the Republic of Uzbekistan Under the Cooperative Threat Reduction Act of 1993 and Title V of the FREEDOM Support Act
Determination of President of the United States, No. 2005–13, Dec. 14, 2004, 70 F.R. 1, provided:
Memorandum for the Secretary of State
Consistent with the authority vested in me by section 1306 of the [Bob Stump] National Defense Authorization Act for Fiscal Year 2003 (
You are authorized and directed to transmit to the Congress this certification and the associated report (including its classified annex) [not set out in the Code] that has been prepared by my Administration consistent with section 1306(b) of
George W. Bush.
Prior determinations and certifications for Uzbekistan were contained in the following:
Determination of President of the United States, No. 2004–19, Dec. 30, 2003, 69 F.R. 2479.
Delegation of Responsibilities Under Sections 1203–1207 of Title XII of Public Law 103–160
Memorandum of President of the United States, Jan. 29, 1994, 59 F.R. 5929, provided:
Memorandum for the Secretary of State, the Secretary of Defense, [and] the Director of the Office of Management and Budget
By the authority vested in me by the Constitution and the laws of the United States of America, including
1. to the Secretary of State the authority and duty vested in the President under section 1203(d) of the Cooperative Threat Reduction Act of 1993, Title XII of the National Defense Authorization Act for Fiscal Year 1994 (
2. to the Secretary of Defense the authorities and duties vested in the President under sections 1203(a), 1204, 1206, and 1207 of
The Secretary of Defense shall not exercise authority delegated by number 2 hereof with respect to any former Soviet republic unless the Secretary of State has exercised his authority and performed the duty delegated by number 1 hereof, as applicable, with respect to that former Soviet republic. The Secretary of Defense shall not obligate funds in exercise of authority delegated by number 2 hereof unless the Director of the Office of Management and Budget has made the determination that expenditures are to be counted as discretionary spending in the national defense function (050), as applicable to the funds to be transferred.
The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
Assignment of Certain Functions Related to the Use of Cooperative Threat Reduction Funds for States Outside the Former Soviet Union
Memorandum of President of the United States, May 26, 2006, 71 F.R. 36435, provided:
Memorandum for the Secretary of State[,] the Secretary of Defense[,] the Secretary of Energy[, and] the Director of National Intelligence
By the authority vested in me as President by the Constitution and laws of the United States, including
(1) subsection 1203(d) of the Cooperative Threat Reduction Act of 1993 (
(2) subsections 1306(a) and (b) of the National Defense Authorization Act for Fiscal Year 2003 (
(3) section 1304 of the National Defense Authorization Act for Fiscal Year 2006 (
The Secretary of State shall consult the Secretary of Defense prior to making a determination specified in section 1308(a)(2).
The Secretary of State is authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
Definition of Cooperative Threat Reduction Programs for Purposes of Pub. L. 107–314
Definition of Cooperative Threat Reduction Programs and Funds for Purposes of Pub. L. 107–107
"(a)
"(b)
Definiton of Cooperative Threat Reduction Programs and Funds for Purposes of Pub. L. 106–65
"(a)
"(b)
Definition of Cooperative Threat Reduction Programs for Purposes of Pub. L. 105–261
Definition of Cooperative Threat Reduction Programs for Purposes of Pub. L. 103–337
§5953. Demilitarization Enterprise Fund
(a) Designation of Fund
The President is authorized to designate a Demilitarization Enterprise Fund for the purposes of this section. The President may designate as the Demilitarization Enterprise Fund any organization that satisfies the requirements of subsection (e) of this section.
(b) Purpose of Fund
The purpose of the Demilitarization Enterprise Fund is to receive grants pursuant to this section and to use the grant proceeds to provide financial support under programs described in subsection (b)(5) of this section for demilitarization of industries and conversion of military technologies and capabilities into civilian activities.
(c) Grant authority
The President may make one or more grants to the Demilitarization Enterprise Fund.
(d) Risk capital funding of demilitarization
The Demilitarization Enterprise Fund shall use the proceeds of grants received under this section to provide financial support in accordance with subsection (b) of this section through transactions as follows:
(1) Making loans.
(2) Making grants.
(3) Providing collateral for loan guaranties by the Export-Import Bank of the United States.
(4) Taking equity positions.
(5) Providing venture capital in joint ventures with United States industry.
(6) Providing risk capital through any other form of transaction that the President considers appropriate for supporting programs described in subsection (b)(5) of this section.
(e) Eligible organization
An organization is eligible for designation as the Demilitarization Enterprise Fund if the organization—
(1) is a private, nonprofit organization;
(2) is governed by a board of directors consisting of private citizens of the United States; and
(3) provides assurances acceptable to the President that it will use grants received under this section to provide financial support in accordance with this section.
(f) Operational provisions
The following provisions of
(1) Subsection (d)(5), relating to the private character of Enterprise Funds.
(2) Subsection (h), relating to retention of interest earned in interest bearing accounts.
(3) Subsection (i), relating to use of United States private venture capital.
(4) Subsection (k), relating to support from Executive agencies.
(5) Subsection (l), relating to limitation on payments to Fund personnel.
(6) Subsections (m) and (n), relating to audits.
(7) Subsection (o), relating to record keeping requirements.
(8) Subsection (p), relating to annual reports.
In addition, returns on investments of the Demilitarization Enterprise Fund and other payments to the Fund may be reinvested in projects of the Fund.
(g) Experience of other Enterprise Funds
To the maximum extent practicable, the Board of Directors of the Demilitarization Enterprise Fund should adopt for that Fund practices and procedures that have been developed by Enterprise Funds for which funding has been made available pursuant to
(h) Consultation requirement
In the implementation of this section, the Secretary of State and the Administrator of the Agency for International Development shall be consulted to ensure that the Articles of Incorporation of the Fund (including provisions specifying the responsibilities of the Board of Directors of the Fund), the terms of United States Government grant agreements with the Fund, and United States Government oversight of the Fund are, to the maximum extent practicable, consistent with the Articles of Incorporation of, the terms of grant agreements with, and the oversight of the Enterprise Funds established pursuant to
(i) Initial implementation
The Board of Directors of the Demilitarization Enterprise Fund shall publish the first annual report of the Fund not later than January 31, 1995.
(j) Termination of designation
A designation of an organization as the Demilitarization Enterprise Fund under subsection (a) of this section shall be temporary. When making the designation, the President shall provide for the eventual termination of the designation.
(
Delegation of Functions
For delegation of certain authorities and duties of the President under this section to Secretary of Defense, see Memorandum of President of the United States, Jan. 29, 1994, 59 F.R. 5929, set out as a note under
§5954. Funding for fiscal year 1994
(a) Authorization of appropriations
Funds authorized to be appropriated under section 301(21) 1 shall be available for cooperative threat reduction with states of the former Soviet Union under this chapter.
(b) Limitations
(1) Not more than $15,000,000 of the funds referred to in subsection (a) of this section may be made available for programs authorized in subsection (b)(6) of
(2) Not more than $20,000,000 of such funds may be made available for programs authorized in subsection (b)(7) of
(3) Not more than $40,000,000 of such funds may be made available for grants to the Demilitarization Enterprise Fund designated pursuant to
(c) Authorization of extension of availability of prior year funds
To the extent provided in appropriations Acts, the authority to transfer funds of the Department of Defense provided in section 9110(a) of the Department of Defense Appropriations Act, 1993 (
(
References in Text
Section 301(21), referred to in subsec. (a), means section 301(21) of
Section 9110(a) of the Department of Defense Appropriations Act, 1993, referred to in subsec. (c), is section 9110(a) of
Section 108 of
1 See References in Text note below.
§5955. Prior notice to Congress of obligation of funds
(a) Notice of proposed obligation
Not less than 15 days before obligation of any funds for programs under
(1) the activities and forms of assistance for which the President plans to obligate such funds;
(2) the amount of the proposed obligation; and
(3) the projected involvement of the departments and agencies of the United States Government and the private sector of the United States.
(b) Reports on demilitarization or conversion projects
Any report under subsection (a) of this section that covers proposed demilitarization or conversion projects under paragraph (5) or (6) of
(1) the facilities to be demilitarized;
(2) the types of activities conducted at those facilities and of the types of nonmilitary activities planned for those facilities;
(3) the forms of assistance to be provided by the United States Government and by the private sector of the United States;
(4) the extent to which military activities and production capability will consequently be eliminated at those facilities; and
(5) the mechanisms to be established for monitoring progress on those projects.
(
Delegation of Functions
For delegation of certain authorities and duties of the President under this section to Secretary of Defense, see Memorandum of President of the United States, Jan. 29, 1994, 59 F.R. 5929, set out as a note under
Russian Nonstrategic Nuclear Arms
"(1) it is in the interest of Russia to fully implement the Presidential Nuclear Initiatives announced in 1991 and 1992 by then-President of the Soviet Union Gorbachev and then-President of Russia Yeltsin;
"(2) the President of the United States should call on Russia to match the unilateral reductions in the United States inventory of tactical nuclear weapons, which have reduced the inventory by nearly 90 percent; and
"(3) if the re-certification under section 1310 [
Congressional Reports on Cooperative Threat Reduction Programs
"SEC. 1201. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS.
"(a)
"(b)
"(1) Programs to facilitate the elimination, and the safe and secure transportation and storage, of nuclear, chemical, and other weapons, fissile material suitable for use in nuclear weapons, and their delivery vehicles.
"(2) Programs to facilitate the safe and secure storage of fissile materials derived from the elimination of nuclear weapons.
"(3) Programs to prevent the proliferation of weapons, weapons components, and weapons-related technology and expertise.
"(4) Programs to expand military-to-military and defense contacts.
"SEC. 1205. PRIOR NOTICE TO CONGRESS OF OBLIGATION OF FUNDS.
"(a)
"(2) The congressional committees referred to in paragraph (1) are the following:
"(A) The Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate.
"(B) The Committee on Armed Services, the Committee on International Relations [now Committee on Foreign Affairs], and the Committee on Appropriations of the House of Representatives.
"(b)
"(1) the activities and forms of assistance for which the Secretary of Defense plans to obligate funds;
"(2) the amount of the proposed obligation; and
"(3) the projected involvement (if any) of any department or agency of the United States (in addition to the Department of Defense) and of the private sector of the United States in the activities and forms of assistance for which the Secretary of Defense plans to obligate such funds.
"[SEC. 1206. Repealed. Pub. L. 106–398, §1 [[div. A], title XIII, §1308(g)(1)(C)], Oct. 30, 2000, 114 Stat. 1654 , 1654A-343.]"
§5956. Repealed. Pub. L. 106–398, §1 [[div. A], title XIII, §1308(g)(1)(A)], Oct. 30, 2000, 114 Stat. 1654 , 1654A-343
Section,
§5957. "Appropriate congressional committees" defined
In this chapter, the term "appropriate congressional committees" means—
(1) the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committees on Appropriations of the House and the Senate, wherever the account, budget activity, or program is funded from appropriations made under the international affairs budget function (150);
(2) the Committees on Armed Services and the Committees on Appropriations of the Senate and the House of Representatives, wherever the account, budget activity, or program is funded from appropriations made under the national defense budget function (050); and
(3) the committee to which the specified activities of
(
§5958. Authorization for additional fiscal year 1993 assistance to independent states of the former Soviet Union
(a) Authorization of appropriations
There is hereby authorized to be appropriated for fiscal year 1993 for "Operation and Maintenance, Defense Agencies" the additional sum of $979,000,000, to be available for the purposes of providing assistance to the independent states of the former Soviet Union.
(b) Authorization of transfer of funds
The Secretary of Defense may, to the extent provided in appropriations Acts, transfer from the account "Operation and Maintenance, Defense Agencies" for fiscal year 1993 a sum not to exceed the amount appropriated pursuant to the authorization in subsection (a) of this section to—
(1) other accounts of the Department of Defense for the purpose of providing assistance to the independent states of the former Soviet Union; or
(2) appropriations available to the Department of State and other agencies of the United States Government for the purpose of providing assistance to the independent states of the former Soviet Union for programs that the President determines will increase the national security of the United States.
(c) Administrative provisions
(1) Amounts transferred under subsection (b) of this section shall be available subject to the same terms and conditions as the appropriations to which transferred.
(2) The authority to make transfers pursuant to this section is in addition to any other transfer authority of the Department of Defense.
(d) Coordination of programs
The President shall coordinate the programs described in subsection (b) of this section with those authorized in the other provisions of this chapter and in the provisions of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (
(
References in Text
The Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992, referred to in subsec. (d), is
§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
(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 means (including program management, audits, examinations, and other means) used 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, that such assistance is being used for its intended purpose, and that such assistance is being used efficiently and effectively, 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 an assessment of whether the assistance being provided is being used effectively and efficiently; and
(D) a description of the 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.
(6) A description of the amount of the financial commitment from the international community, and from Russia, for the chemical weapons destruction facility located at Shchuch'ye, Russia, for the fiscal year beginning in the year in which the report is submitted.
(7) To the maximum extent practicable, a description of how revenue generated by activities carried out under Cooperative Threat Reduction programs in recipient States is being utilized, monitored, and accounted for.
(8) A description of the defense and military activities carried out under Cooperative Threat Reduction programs, including under the Defense and Military Contacts program, during the fiscal year ending in the year preceding the year of the report, including—
(A) the amounts obligated or expended for such activities;
(B) the strategy, goals, and objectives for which such amounts were obligated and expended;
(C) a description of the activities carried out, including the forms of assistance provided, and the justification for each form of assistance provided;
(D) the success of each activity, including the goals and objectives achieved for each;
(E) a description of participation by private sector entities in the United States in carrying out such activities, and the participation of any other Federal department or agency in such activities; and
(F) any other information that the Secretary considers relevant to provide a complete description of the operation and success of activities carried out under Cooperative Threat Reduction programs.
(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) Repealed. Pub. L. 109–163, div. A, title XIII, §1305, Jan. 6, 2006, 119 Stat. 3474
(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 (
(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.
(
References in Text
Section 1205 of the National Defense Authorization Act for Fiscal Year 1995, referred to in subsec. (h), is section 1205 of
Codification
Section is comprised of section 1 [[div. A], title XIII, §1308] of
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.
Amendments
2011—Subsec. (c)(8).
2009—Subsec. (c)(8).
Subsec. (c)(8)(B).
2006—Subsec. (e).
2003—Subsec. (c)(6) to (8).
2002—Subsec. (c)(6), (7).
2001—Subsec. (c)(4).
Subsec. (c)(4)(C).
Subsec. (c)(4)(D).
Subsec. (c)(6).
Change of Name
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
Effective Date of 2011 Amendment
Effective Date of 2002 Amendment
Annual Report Concerning Dismantling of Strategic Nuclear Warheads
"(a)
"(b)
"(c)
"(d)
"(e)
"(1) The Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate.
"(2) The Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives."
Comprehensive Inventory of Russian Tactical Nuclear Weapons
"(a)
"(b)
Definition of Cooperative Threat Reduction Programs and Funds for Purposes of H.R. 5408, as enacted by Pub. L. 106–398
"(a)
"(b)
§5960. Limitation on use of funds until certain permits obtained
(a) In general
The Secretary of Defense shall seek to obtain all the permits required to complete each phase of construction of a project under Cooperative Threat Reduction programs before obligating significant amounts of funding for that phase of the project.
(b) Use of funds for new construction projects
Except as provided in subsection (e) of this section, with respect to a new construction project to be carried out by the Department of Defense under Cooperative Threat Reduction programs, not more than 40 percent of the total costs of the project may be obligated from Cooperative Threat Reduction funds for any fiscal year until the Secretary of Defense—
(1) determines the number and type of permits that may be required for the lifetime of the project in the proposed location or locations of the project; and
(2) obtains from the State in which the project is to be located any permits that may be required to begin construction.
(c) Identification of required permits for ongoing incomplete construction projects
With respect to an incomplete construction project carried out by the Department of Defense under Cooperative Threat Reduction programs, the Secretary shall identify all the permits that are required for the lifetime of the project not later than 120 days after November 24, 2003.
(d) Use of funds for certain incomplete construction projects
Except as provided in subsection (e) of this section, with respect to an incomplete construction project carried out by the Department of Defense under Cooperative Threat Reduction programs for which construction has not yet commenced as of November 24, 2003, not more than 40 percent of the total costs of the project may be obligated from Cooperative Threat Reduction funds for any fiscal year until the Secretary obtains from the State in which the project is located the permits required to commence construction on the project.
(e) Exception to limitations on use of funds
The limitation in subsection (b) or (d) of this section on the obligation of funds for a construction project otherwise covered by such subsection shall not apply with respect to the obligation of funds for a particular project if the Secretary—
(1) determines that it is necessary in the national interest to obligate funds for such project; and
(2) submits to the congressional defense committees a notification of the intent to obligate funds for such project, together with a complete discussion of the justification for doing so.
(f) Definitions
In this section, with respect to a project under Cooperative Threat Reduction programs:
(1) Incomplete construction project
The term "incomplete construction project" means a construction project for which funds have been obligated or expended before November 24, 2003, and which is not completed as of November 24, 2003.
(2) New construction project
The term "new construction project" means a construction project for which no funds have been obligated or expended as of November 24, 2003.
(3) Permit
The term "permit" means any local or national permit for development, general construction, environmental, land use, or other purposes that is required for purposes of major construction in a state of the former Soviet Union in which the construction project is being or is proposed to be carried out.
(
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2004, and not as part of the Cooperative Threat Reduction Act of 1993 which comprises this chapter.
Definition of Cooperative Threat Reduction Programs for Purposes of Pub. L. 108–136
"Congressional Defense Committees" defined
Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of
§5961. Requirement for on-site managers
(a) On-site manager requirement
Before obligating any Cooperative Threat Reduction funds for a project described in subsection (b) of this section, the Secretary of Defense shall appoint one on-site manager for that project. The manager shall be appointed from among employees of the Federal Government.
(b) Projects covered
Subsection (a) of this section applies to a project—
(1) to be located in a state of the former Soviet Union;
(2) which involves dismantlement, destruction, or storage facilities, or construction of a facility; and
(3) with respect to which the total contribution by the Department of Defense is expected to exceed $50,000,000.
(c) Duties of on-site manager
The on-site manager appointed under subsection (a) of this section shall—
(1) develop, in cooperation with representatives from governments of countries participating in the project, a list of those steps or activities critical to achieving the project's disarmament or nonproliferation goals;
(2) establish a schedule for completing those steps or activities;
(3) meet with all participants to seek assurances that those steps or activities are being completed on schedule; and
(4) suspend United States participation in a project when a non-United States participant fails to complete a scheduled step or activity on time, unless directed by the Secretary of Defense to resume United States participation.
(d) Authority to manage more than one project
(1) Subject to paragraph (2), an employee of the Federal Government may serve as on-site manager for more than one project, including projects at different locations.
(2) If such an employee serves as on-site manager for more than one project in a fiscal year, the total cost of the projects for that fiscal year may not exceed $150,000,000.
(e) Steps or activities
Steps or activities referred to in subsection (c)(1) of this section are those activities that, if not completed, will prevent a project from achieving its disarmament or nonproliferation goals, including, at a minimum, the following:
(1) Identification and acquisition of permits (as defined in
(2) Verification that the items, substances, or capabilities to be dismantled, secured, or otherwise modified are available for dismantlement, securing, or modification.
(3) Timely provision of financial, personnel, management, transportation, and other resources.
(f) Notification to Congress
In any case in which the Secretary of Defense directs an on-site manager to resume United States participation in a project under subsection (c)(4) of this section, the Secretary shall concurrently notify Congress of such direction.
(g) Effective date
This section shall take effect six months after November 24, 2003.
(
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2004, and not as part of the Cooperative Threat Reduction Act of 1993 which comprises this chapter.
§5961a. Requirement for on-site managers
(a) On-site manager requirement
Before obligating any defense nuclear nonproliferation funds for a project described in subsection (b) of this section, the Secretary of Energy shall appoint one on-site manager for that project. The manager shall be appointed from among employees of the Federal Government.
(b) Projects covered
Subsection (a) of this section applies to a project—
(1) to be located in a state of the former Soviet Union;
(2) which involves dismantlement, destruction, or storage facilities, or construction of a facility; and
(3) with respect to which the total contribution by the Department of Energy is expected to exceed $50,000,000.
(c) Duties of on-site manager
The on-site manager appointed under subsection (a) of this section shall—
(1) develop, in cooperation with representatives from governments of countries participating in the project, a list of those steps or activities critical to achieving the project's disarmament or nonproliferation goals;
(2) establish a schedule for completing those steps or activities;
(3) meet with all participants to seek assurances that those steps or activities are being completed on schedule; and
(4) suspend United States participation in a project when a non-United States participant fails to complete a scheduled step or activity on time, unless directed by the Secretary of Energy to resume United States participation.
(d) Authority to manage more than one project
(1) Subject to paragraph (2), an employee of the Federal Government may serve as on-site manager for more than one project, including projects at different locations.
(2) If such an employee serves as on-site manager for more than one project in a fiscal year, the total cost of the projects for that fiscal year may not exceed $150,000,000.
(e) Steps or activities
Steps or activities referred to in subsection (c)(1) of this section are those activities that, if not completed, will prevent a project from achieving its disarmament or nonproliferation goals, including, at a minimum, the following:
(1) Identification and acquisition of permits (as defined in subsection (g) of this section).
(2) Verification that the items, substances, or capabilities to be dismantled, secured, or otherwise modified are available for dismantlement, securing, or modification.
(3) Timely provision of financial, personnel, management, transportation, and other resources.
(f) Notification to Congress
In any case in which the Secretary of Energy directs an on-site manager to resume United States participation in a project under subsection (c)(4) of this section, the Secretary shall concurrently notify Congress of such direction.
(g) Permit defined
In this section, the term "permit" means any local or national permit for development, general construction, environmental, land use, or other purposes that is required in the state of the former Soviet Union in which the project is being or is proposed to be carried out.
(h) Effective date
This section shall take effect six months after November 24, 2003.
(
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2004, and not as part of the Cooperative Threat Reduction Act of 1993 which comprises this chapter.
§5962. Annual certifications on use of facilities being constructed for Cooperative Threat Reduction projects or activities
(a) Certification on use of facilities being constructed
Not later than the first Monday of February each year, the Secretary of Defense shall submit to the congressional defense committees a certification for each facility for a Cooperative Threat Reduction project or activity for which construction occurred during the preceding fiscal year on matters as follows:
(1) Whether or not such facility will be used for its intended purpose by the government of the state of the former Soviet Union in which the facility is constructed.
(2) Whether or not the government of such state remains committed to the use of such facility for its intended purpose.
(3) Whether those actions needed to ensure security at the facility, including secure transportation of any materials, substances, or weapons to, from, or within the facility, have been taken.
(b) Applicability
Subsection (a) of this section shall apply to—
(1) any facility the construction of which commences on or after November 24, 2003; and
(2) any facility the construction of which is ongoing as of November 24, 2003.
(
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2004, and not as part of the Cooperative Threat Reduction Act of 1993 which comprises this chapter.
"Congressional Defense Committees" defined
Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of
§5963. Authority to use Cooperative Threat Reduction funds outside the former Soviet Union
(a) Authority
Subject to the provisions of this section, the Secretary of Defense may obligate and expend Cooperative Threat Reduction funds for a fiscal year, and any Cooperative Threat Reduction funds for a fiscal year before such fiscal year that remain available for obligation, for a proliferation threat reduction project or activity outside the states of the former Soviet Union if the Secretary of Defense, with the concurrence of the Secretary of State, determines each of the following:
(1) That such project or activity will—
(A)(i) assist the United States in the resolution of a critical emerging proliferation threat; or
(ii) permit the United States to take advantage of opportunities to achieve long-standing nonproliferation goals; and
(B) be completed in a short period of time.
(2) That the Department of Defense is the entity of the Federal Government that is most capable of carrying out such project or activity.
(b) Scope of authority
The authority in subsection (a) of this section to obligate and expend funds for a project or activity includes authority to provide equipment, goods, and services for such project or activity utilizing such funds, but does not include authority to provide cash directly to such project or activity.
(c) Limitation on availability of funds
(1) The Secretary of Defense may not obligate funds for a project or activity under the authority in subsection (a) of this section until the Secretary of Defense, with the concurrence of the Secretary of State, makes each determination specified in that subsection with respect to such project or activity.
(2) Not later than 10 days after obligating funds under the authority in subsection (a) of this section for a project or activity, the Secretary of Defense and the Secretary of State shall notify Congress in writing of the determinations made under paragraph (1) with respect to such project or activity, together with—
(A) a justification for such determinations; and
(B) a description of the scope and duration of such project or activity.
(d) Additional limitations and requirements
Except as otherwise provided in subsections (a) and (b) of this section, the exercise of the authority in subsection (a) of this section shall be subject to any requirement or limitation under another provision of law as follows:
(1) Any requirement for prior notice or other reports to Congress on the use of Cooperative Threat Reduction funds or on Cooperative Threat Reduction projects or activities.
(2) Any limitation on the obligation or expenditure of Cooperative Threat Reduction funds.
(3) Any limitation on Cooperative Threat Reduction projects or activities.
(
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2004, and not as part of the Cooperative Threat Reduction Act of 1993 which comprises this chapter.
Amendments
2008—Subsec. (a).
Subsec. (c).
Subsecs. (d), (e).
2007—Subsec. (a).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3).
§5964. Metrics for the Cooperative Threat Reduction Program
(a) Metrics required
The Secretary of Defense shall develop and implement metrics to measure the impact and effectiveness of activities of the Cooperative Threat Reduction Program of the Department of Defense to address threats arising from the proliferation of chemical, nuclear, and biological weapons and weapons-related materials, technologies, and expertise.
(b) Secretary of Defense report on metrics
Not later than 270 days after October 28, 2009, the Secretary of Defense shall submit to the appropriate congressional committees a report describing the metrics developed and implemented under subsection (a).
(c) National Academy of Sciences assessment and report on metrics
(1) Assessment
Not later than 30 days after the date on which the report is submitted by the Secretary of Defense under subsection (b), the Secretary shall enter into an arrangement with the National Academy of Sciences under which the Academy shall carry out an assessment to review the metrics developed and implemented under subsection (a) and identify possible additional or alternative metrics, if necessary.
(2) Report
The National Academy of Sciences shall submit to the appropriate congressional committees and the Secretary of Defense a report on the results of the assessment carried out under paragraph (1).
(3) Secretary of Defense report
(A) Not later than 90 days after receipt of the report required by paragraph (2), the Secretary shall submit to the appropriate congressional committees a report on the assessment carried out by the National Academy of Sciences.
(B) The report under subparagraph (A) shall include the following:
(i) A summary of the results of the assessment carried out under paragraph (1).
(ii) An evaluation by the Secretary of the assessment.
(iii) A statement of the actions, if any, to be undertaken by the Secretary to implement any recommendations in the assessment.
(C) The report under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.
(d) Funding
Of the amounts appropriated pursuant to the authorization of appropriations in section 301(20) 1 or otherwise made available for Cooperative Threat Reduction Programs for fiscal year 2010, not more than $1,000,000 may be obligated or expended to carry out paragraphs (1) and (2) of subsection (c).
(e) Appropriate congressional committees defined
In this section, the term "appropriate congressional committees" means—
(1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate.
(
References in Text
Section 301(20), referred to in subsec. (d), is section 301(20) of
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2010, and not as part of the Cooperative Threat Reduction Act of 1993 which comprises this chapter.
Definition of Cooperative Threat Reduction Programs and Funds for Purposes of Pub. L. 111–84
1 See References in Text note below.
§5965. Cooperative Threat Reduction Program authority for urgent threat reduction activities
(a) In general
Subject to the notification requirement under subsection (b), not more than 10 percent of the total amounts appropriated or otherwise made available in any fiscal year for the Cooperative Threat Reduction Program of the Department of Defense may be expended, notwithstanding any other law, for activities described under subsection (b)(1)(B).
(b) Determination and notice
(1) Determination
The Secretary of Defense, with the concurrence of the Secretary of State and the Secretary of Energy, may make a written determination that—
(A) threats arising from the proliferation of chemical, nuclear, and biological weapons or weapons-related materials, technologies, and expertise must be addressed urgently;
(B) certain provisions of law would unnecessarily impede the Secretary's ability to carry out activities of the Cooperative Threat Reduction Program of the Department of Defense to address such threats; and
(C) it is necessary to expend amounts described in subsection (a) to carry out such activities.
(2) Notice required
Not later than 15 days before obligating or expending funds under the authority provided in subsection (a), the Secretary of Defense shall notify the appropriate congressional committees of the determination made under paragraph (1). The notice shall include—
(A) the determination;
(B) the activities to be undertaken by the Cooperative Threat Reduction Program;
(C) the expected time frame for such activities; and
(D) the expected costs of such activities.
(c) Appropriate congressional committees
In this section, the term "appropriate congressional committees" means—
(1) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate.
(
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2010, and not as part of the Cooperative Threat Reduction Act of 1993 which comprises this chapter.
Definition of Cooperative Threat Reduction Programs for Purposes of Pub. L. 111–84
For definition of Cooperative Threat Reduction programs, see section 1301(a) of