-CITE-

22 USC CHAPTER 68A - COOPERATIVE THREAT REDUCTION WITH

STATES OF FORMER SOVIET UNION 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 68A - COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER

SOVIET UNION

-HEAD-

CHAPTER 68A - COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER

SOVIET UNION

-MISC1-

Sec.

5951. Findings on cooperative threat reduction.

5952. Authority for programs to facilitate cooperative

threat reduction.

(a) In general.

(b) Authorized programs.

(c) United States participation.

(d) Restrictions.

5953. Demilitarization Enterprise Fund.

(a) Designation of Fund.

(b) Purpose of Fund.

(c) Grant authority.

(d) Risk capital funding of demilitarization.

(e) Eligible organization.

(f) Operational provisions.

(g) Experience of other Enterprise Funds.

(h) Consultation requirement.

(i) Initial implementation.

(j) Termination of designation.

5954. Funding for fiscal year 1994.

(a) Authorization of appropriations.

(b) Limitations.

(c) Authorization of extension of availability of

prior year funds.

5955. Prior notice to Congress of obligation of funds.

(a) Notice of proposed obligation.

(b) Reports on demilitarization or conversion

projects.

5956. Repealed.

5957. "Appropriate congressional committees" defined.

5958. Authorization for additional fiscal year 1993

assistance to independent states of the former Soviet

Union.

(a) Authorization of appropriations.

(b) Authorization of transfer of funds.

(c) Administrative provisions.

(d) Coordination of programs.

5959. Reports on activities and assistance under cooperative

threat reduction programs.

(a) Annual report.

(b) Deadline for report.

(c) Matters to be included.

(d) Input of DCI.

(e) Comptroller General assessment.

(f) First report.

(g) Omitted.

(h) Limitation on use of funds until submission of

multiyear plan.

(i) Report on Russian nonstrategic nuclear arms.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2295a, 6041 of this

title.

-End-

-CITE-

22 USC Sec. 5951 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 68A - COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER

SOVIET UNION

-HEAD-

Sec. 5951. Findings on cooperative threat reduction

-STATUTE-

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.

-SOURCE-

(Pub. L. 103-160, div. A, title XII, Sec. 1202, Nov. 30, 1993, 107

Stat. 1777.)

-MISC1-

SHORT TITLE

Section 1201 of title XII of div. A of Pub. L. 103-160 provided

that: "This title [enacting this chapter] may be cited as the

'Cooperative Threat Reduction Act of 1993'."

-End-

-CITE-

22 USC Sec. 5952 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 68A - COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER

SOVIET UNION

-HEAD-

Sec. 5952. Authority for programs to facilitate cooperative threat

reduction

-STATUTE-

(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 Public Law

102-228; 22 U.S.C. 2551 note) and section 5902(b) of this title.

(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.

(d) Restrictions

Assistance authorized by subsection (a) of this section may not

be provided to any independent state of the former Soviet Union for

any fiscal year unless the President certifies to Congress for such

fiscal year that the proposed recipient state is committed to each

of the following:

(1) Making substantial investment of its resources for

dismantling or destroying its weapons of mass destruction, if

such state has an obligation under a treaty or other agreement to

destroy or dismantle any such weapons.

(2) Foregoing any military modernization program that exceeds

legitimate defense requirements and foregoing the replacement of

destroyed weapons of mass destruction.

(3) Foregoing any use in new nuclear weapons of fissionable or

other components of destroyed nuclear weapons.

(4) Facilitating United States verification of any weapons

destruction carried out under this chapter, section 5902(b) of

this title, or section 212(b) of the Soviet Nuclear Threat

Reduction Act of 1991 (title II of Public Law 102-228; 22 U.S.C.

2551 note).

(5) Complying with all relevant arms control agreements.

(6) Observing internationally recognized human rights,

including the protection of minorities.

-SOURCE-

(Pub. L. 103-160, div. A, title XII, Sec. 1203, Nov. 30, 1993, 107

Stat. 1778; Pub. L. 107-314, div. A, title XIII, Sec. 1306(e), Dec.

2, 2002, 116 Stat. 2673.)

-MISC1-

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-314 in introductory provisions

substituted "any fiscal year" for "any year" and "such fiscal year"

for "that year".

-EXEC-

DELEGATION OF FUNCTIONS

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 section 301 of title 3 of

the United States Code, I hereby delegate:

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 (Public Law 103-160) [22

U.S.C. 5952(d)];

2. to the Secretary of Defense the authorities and duties

vested in the President under sections 1203(a), 1204, 1206, and

1207 of Public Law 103-160 [22 U.S.C. 5952(a), 5953, 5955, former

5956].

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.

-MISC2-

REPORT REQUIREMENT REGARDING RUSSIAN PROLIFERATION TO IRAN AND

OTHER COUNTRIES OF PROLIFERATION CONCERN

Pub. L. 107-314, div. A, title XII, Sec. 1206, Dec. 2, 2002, 116

Stat. 2665, provided that:

"(a) Report Requirement. - Not later than March 15 of 2003

through 2009, the President shall submit to Congress a report (in

unclassified and classified form as necessary) describing in detail

Russian proliferation of weapons of mass destruction and ballistic

missile goods, technology, expertise, and information, and of

dual-use items that may contribute to the development of weapons of

mass destruction and ballistic missiles, to Iran and to other

countries of proliferation concern during the year preceding the

year in which the report is submitted. The report shall include a

detailed description of the following, for the year covered by the

report:

"(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) Definition. - In this section, the term 'country of

proliferation concern' means any country identified by the Director

of Central Intelligence as having engaged in the acquisition of

dual-use and other technology useful for the development or

production of weapons of mass destruction (including nuclear

weapons, chemical weapons, and biological weapons) or advanced

conventional munitions -

"(1) in the most recent report under section 721 of the

Combatting Proliferation of Weapons of Mass Destruction Act of

1996 (title VII of Public Law 104-293; 50 U.S.C. 2366); or

"(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."

SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS FOR PURPOSES

OF PUB. L. 107-314

Pub. L. 107-314, div. A, title XIII, Sec. 1301(a), Dec. 2, 2002,

116 Stat. 2670, provided that: "For purposes of section 301 [116

Stat. 2505] and other provisions of this Act [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)."

LIMITED WAIVER OF RESTRICTIONS ON USE OF FUNDS FOR THREAT REDUCTION

IN STATES OF THE FORMER SOVIET UNION

Pub. L. 107-314, div. A, title XIII, Sec. 1306(a)-(d), Dec. 2,

2002, 116 Stat. 2673, provided that:

"(a) Authority To Waive Restrictions and Eligibility

Requirements. - If the President submits the certification and

report described in subsection (b) with respect to an independent

state of the former Soviet Union for a fiscal year -

"(1) the restrictions in subsection (d) of section 1203 of the

Cooperative Threat Reduction Act of 1993 (22 U.S.C. 5952) shall

cease to apply, and funds may be obligated and expended under

that section for assistance, to that state during that fiscal

year; and

"(2) funds may be obligated and expended during that fiscal

year under section 502 of the FREEDOM Support Act (22 U.S.C.

5852) for assistance or other programs and activities for that

state even if that state has not met one or more of the

requirements for eligibility under paragraphs (1) through (4) of

that section.

"(b) Certification and Report. - (1) The certification and report

referred to in subsection (a) are a written certification submitted

by the President to Congress that the waiver of the restrictions

and requirements described in paragraphs (1) and (2) of that

subsection during such fiscal year is important to the national

security interests of the United States, together with a report

containing the following:

"(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) Fiscal Years Covered. - The authority under subsection (a)

shall apply only with respect to fiscal years 2003, 2004, and 2005.

"(d) Expiration of Authority. - The authority under subsection

(a) shall expire on September 30, 2005."

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

Pub. L. 107-314, div. C, title XXXI, Sec. 3151, Dec. 2, 2002, 116

Stat. 2736, provided that:

"(a) Transfer of Program. - There are hereby transferred to the

Administrator for Nuclear Security the following:

"(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) Transfer of Assets. - (1) Notwithstanding any restriction or

limitation in law on the availability of Cooperative Threat

Reduction funds specified in paragraph (2), so much of the

property, records, and unexpended balances of appropriations,

allocations, and other funds employed, used, held, available, or to

be made available in connection with the program transferred by

subsection (a) are transferred to the Administrator for use in

connection with the program transferred.

"(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 (Public Law 107-107; 115

Stat. 1254; 22 U.S.C. 5952 note).

"(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 Public Law 106-398; 114 Stat. 1654A-339; 22 U.S.C. 5959

note).

"(C) Fiscal year 2000 Cooperative Threat Reduction funds, as

specified in section 1301(b) of the National Defense

Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113

Stat. 792; 22 U.S.C. 5952 note).

"(c) Availability of Transferred Funds. - (1) Notwithstanding any

restriction or limitation in law on the availability of Cooperative

Threat Reduction funds specified in subsection (b)(2), the

Cooperative Threat Reduction funds transferred under subsection (b)

for the program referred to in subsection (a) shall be available

for activities as follows:

"(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) Limitation. - (1) Of the amounts authorized to be

appropriated by this title or any other Act for the program

referred to in subsection (a), the Administrator for Nuclear

Security may not obligate any funds for construction, or obligate

or expend more than $100,000,000 for that program, until 30 days

after the later of -

"(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 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)."

ACCELERATED DISPOSITION OF HIGHLY ENRICHED URANIUM

Pub. L. 107-314, div. C, title XXXI, Sec. 3157, Dec. 2, 2002, 116

Stat. 2740, provided that:

"(a) Program on Accelerated Disposition of HEU Authorized. - (1)

The Secretary of Energy may carry out a program to pursue with the

Russian Federation options for blending highly enriched uranium so

that the concentration of U-235 in such uranium is below 20

percent.

"(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) Construction With HEU Disposition Agreement. - Nothing in

this section may be construed as terminating, modifying, or

otherwise affecting requirements for the disposition of highly

enriched uranium under the Agreement Between the Government of the

United States of America and the Government of the Russian

Federation Concerning the Disposition of Highly Enriched Uranium

Extracted from Nuclear Weapons, signed at Washington on February

18, 1993.

"(c) Limitation on Release for Sale of Blended Uranium. - Uranium

blended under this section may not be released for sale until the

earlier of -

"(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) Amount for Activities. - Of the amount to be appropriated by

section 3101(a)(2) [116 Stat. 2729] for the Department of Energy

for the National Nuclear Security Administration for defense

nuclear nonproliferation, up to $10,000,000 may be available for

carrying out this section."

PLAN FOR ACCELERATED RETURN OF WEAPONS-USABLE NUCLEAR MATERIALS

Pub. L. 107-314, div. C, title XXXI, Sec. 3160, Dec. 2, 2002, 116

Stat. 2742, provided that:

"(a) Plan for Accelerated Return. - The Secretary of Energy shall

work with the Russian Federation to develop a plan to accelerate

the return to Russia of all weapons-usable nuclear materials

located in research reactors and other facilities outside Russia

that were supplied by the former Soviet Union.

"(b) Funding and Schedules. - As part of the plan under

subsection (a), the Secretary shall identify the funding and

schedules required to assist the research reactors and facilities

referred to in that subsection in -

"(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) Coordination. - The provision of assistance under subsection

(b) shall be closely coordinated with the International Atomic

Energy Agency."

RUSSIAN FEDERATION DEBT REDUCTION FOR NONPROLIFERATION

Pub. L. 107-228, div. B, title XIII, subtitle B, Sept. 30, 2002,

116 Stat. 1442, provided that:

"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) Findings. - Congress finds the following:

"(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 (7 U.S.C. 1701 et seq.).

"(b) Purposes. - The purposes of this subtitle are -

"(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) Appropriate congressional committees. - The term

'appropriate congressional committees' means -

"(A) the Committee on International Relations 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) Cost. - The term 'cost' has the meaning given that term in

section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C.

661a(5)).

"(3) Russian federation nonproliferation investment agreement

or agreement. - The term 'Russian Federation Nonproliferation

Investment Agreement' or 'Agreement' means the agreement between

the United States and the Russian Federation entered into under

section 1315(a).

"(4) Soviet-era debt. - The term 'Soviet-era debt' means debt

owed as a result of loans or credits provided by the United

States (or any agency of the United States) to the Union of

Soviet Socialist Republics under the Lend Lease Act of 1941

[former 22 U.S.C. 411 et seq.] or the Commodity Credit

Corporation Charter Act [15 U.S.C. 714 et seq.].

"(5) State sponsor of international terrorism. - The term

'state sponsor of international terrorism' means those countries

that have been determined by the Secretary of State, for the

purposes of section 40 of the Arms Export Control Act [22 U.S.C.

2780], section 620A of the Foreign Assistance Act of 1961 [22

U.S.C. 2371], or section 6(j) of the Export Administration Act of

1979 [50 App. U.S.C. 2405(j)], to have repeatedly provided

support for acts of international terrorism.

"SEC. 1314. AUTHORITY TO REDUCE THE RUSSIAN FEDERATION'S SOVIET-ERA

DEBT OBLIGATIONS TO THE UNITED STATES.

"(a) Authority To Reduce Debt. -

"(1) In general. - Upon the entry into force of a Russian

Federation Nonproliferation Investment Agreement, the President

may reduce amounts of Soviet-era debt owed by the Russian

Federation to the United States (or any agency or instrumentality

of the United States) that are outstanding as of the last day of

the fiscal year preceding the fiscal year for which

appropriations are available for the reduction of debt, in

accordance with this subtitle.

"(2) Limitation. - The authority provided by paragraph (1)

shall be available only to the extent that appropriations for the

cost (as defined in section 502(5) of the Federal Credit Reform

Act of 1990 [2 U.S.C. 661a(5)]) of reducing any debt pursuant to

such subsection are made in advance.

"(3) Supersedes existing law. - The authority provided by

paragraph (1) may be exercised notwithstanding section 620(r) of

the Foreign Assistance Act of 1961 (22 U.S.C. 2370(r)) or section

321 of the International Development and Food Assistance Act of

1975 [Pub. L. 94-161, set out as a note under section 2220a of

this title].

"(b) Implementation. -

"(1) Delegation of authority. - The President may delegate any

authority conferred upon the President in this subtitle to the

Secretary of State.

"(2) Establishment of terms and conditions. - Consistent with

this subtitle, the President shall establish the terms and

conditions under which loans and credits may be reduced pursuant

to subsection (a).

"(3) Implementation. - In exercising the authority of

subsection (a), the President -

"(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 22 U.S.C. 411 et seq.]; and

"(ii) the Commodity Credit Corporation, with respect to

obligations of the former Soviet Union under the Commodity

Credit Corporation Act [15 U.S.C. 713a et seq.];

"(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) Deposit of repayments. - All repayments of outstanding

loan amounts under subsection (a) that are not designated under a

Russian Federation Nonproliferation Investment Agreement shall be

deposited in the United States Government accounts established

for repayments of the original obligations.

"(5) Not treated as foreign assistance. - Any reduction of

Soviet-era debt pursuant to this subtitle shall not be considered

assistance for the purposes of any provision of law limiting

assistance to a country.

"(c) Authorization of Appropriation. -

"(1) In general. - For the cost (as defined in section 502(5)

of the Federal Credit Reform Act of 1990 [2 U.S.C. 661a(5)]) of

modifying any Soviet-era debt obligation pursuant to subsection

(a), there are authorized to be appropriated to the President

such sums as may be necessary.

"(2) Availability of funds. - Amounts appropriated pursuant to

paragraph (1) are authorized to remain available until expended.

"SEC. 1315. RUSSIAN FEDERATION NONPROLIFERATION INVESTMENT

AGREEMENT.

"(a) In General. -

"(1) In general. - The President is authorized to enter into an

agreement with the Russian Federation under which an amount equal

to the value of the debt reduced pursuant to section 1314 will be

used to promote the nonproliferation of weapons of mass

destruction and the means of delivering such weapons. An

agreement entered into under this section may be referred to as

the 'Russian Federation Nonproliferation Investment Agreement'.

"(2) Congressional notification. - The President shall notify

the appropriate congressional committees at least 15 days in

advance of the United States entering into a Russian Federation

Nonproliferation Investment Agreement.

"(b) Content of the Agreement. - The Russian Federation

Nonproliferation Investment Agreement shall ensure that -

"(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) Use of Existing Mechanisms. - It is the sense of Congress

that, to the extent practicable, the boards and administrative

mechanisms of existing threat reduction and nonproliferation

programs should be used in the administration and oversight of

programs and projects under the Agreement.

"(d) Joint Auditing. - It is the sense of Congress that the

United States and the Russian Federation should consider

commissioning the United States General Accounting Office and the

Russian Chamber of Accounts to conduct joint audits to ensure that

the funds saved by the Russian Federation as a result of any debt

reduction are used exclusively, efficiently, and effectively to

implement agreed programs or projects pursuant to the Agreement.

"(e) Structure of the Agreement. - It is the sense of Congress

that the Agreement should provide for significant penalties -

"(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) Proliferation to State Sponsors of Terrorism. - Subject to

the provisions of subsection (c), the debt reduction authority

provided by section 1314 may not be exercised unless and until the

President certifies to the appropriate congressional committees

that the Russian Federation has made material progress in stemming

the flow of sensitive goods, technologies, material, and know-how

related to the design, development, and production of weapons of

mass destruction and the means to deliver them to state sponsors of

international terrorism.

"(b) Annual Determination. - If, in any annual report to Congress

submitted pursuant to section 1321, the President cannot certify

that the Russian Federation continues to meet the condition

required in subsection (a), then, subject to the provisions of

subsection (c), the debt reduction authority provided by section

1314 may not be exercised unless and until such certification is

made to the appropriate congressional committees.

"(c) Presidential Waiver. - The President may waive the

requirements of subsection (a) or (b) for a fiscal year if the

President -

"(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 [50 U.S.C. 2357b].

"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."

PLAN FOR SECURING NUCLEAR WEAPONS, MATERIAL, AND EXPERTISE OF THE

STATES OF THE FORMER SOVIET UNION

Pub. L. 107-107, div. A, title XII, Sec. 1205, Dec. 28, 2001, 115

Stat. 1247, as amended by Pub. L. 107-314, div. A, title XII, Sec.

1205, Dec. 2, 2002, 116 Stat. 2664, provided that:

"(a) Plan Required. - Not later than June 15, 2002, the President

shall submit to Congress a plan, that has been developed in

coordination with all relevant Federal agencies -

"(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) Content of Plan. - The plan required by subsection (a) shall

include the following:

"(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) Consultation. - In developing the plan required by

subsection (a), the President -

"(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) Annual Report on Implementation of Plan. - (1) Not later

than January 31, 2003, and each year thereafter, the President

shall submit to Congress a report on the implementation of the plan

required by subsection (a) during the preceding year.

"(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."

COOPERATIVE THREAT REDUCTION PROGRAMS AND FUNDS DEFINED FOR

PURPOSES OF PUB. L. 107-107

Pub. L. 107-107, div. A, title XIII, Sec. 1301(a), (b), Dec. 28,

2001, 115 Stat. 1254, provided that:

"(a) Specification of CTR Programs. - For purposes of section 301

[115 Stat. 1046] and other provisions of this Act [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 2002 Cooperative Threat Reduction Funds Defined.

- As used in this title [amending section 5959 of this title and

enacting and amending provisions set out as notes under this

section], the term 'fiscal year 2002 Cooperative Threat Reduction

funds' means the funds appropriated pursuant to the authorization

of appropriations in section 301 for Cooperative Threat Reduction

programs."

REQUIREMENT TO CONSIDER USE OF REVENUE GENERATED BY ACTIVITIES

CARRIED OUT UNDER COOPERATIVE THREAT REDUCTION PROGRAMS

Pub. L. 107-107, div. A, title XIII, Sec. 1304, Dec. 28, 2001,

115 Stat. 1255, provided that: "The Secretary of Defense shall

consider the use of revenue generated by activities carried out

under Cooperative Threat Reduction programs in negotiating and

executing contracts with Russia to carry out such programs."

PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING OF FISSILE

MATERIAL STORAGE FACILITY

Pub. L. 107-107, div. A, title XIII, Sec. 1305(a), Dec. 28, 2001,

115 Stat. 1255, provided that: "No fiscal year 2002 Cooperative

Threat Reduction funds and no funds authorized to be appropriated

for Cooperative Threat Reduction programs for any prior fiscal year

may be used for the construction of a second wing for a storage

facility for Russian fissile material."

ANNUAL REPORT ON STATUS OF NUCLEAR MATERIALS PROTECTION, CONTROL,

AND ACCOUNTING PROGRAM

Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3171], Oct. 30,

2000, 114 Stat. 1654, 1654A-475, as amended by Pub. L. 107-314,

div. C, title XXXI, Sec. 3153, Dec. 2, 2002, 116 Stat. 2738,

provided that:

"(a) Report Required. - Not later than January 1 of each year,

the Secretary of Energy shall submit to the Committee on Armed

Services of the Senate and the Committee on Armed Services of the

House of Representatives a report on the status of efforts during

the preceding fiscal year under the Nuclear Materials Protection,

Control, and Accounting Program of the Department of Energy to

secure weapons-usable nuclear materials in countries where such

materials have been identified as being at risk for theft or

diversion.

"(b) Contents. - Each report under subsection (a) shall include

the following:

"(1) The number of buildings, including building locations, in

each country covered by subsection (a) that received complete and

integrated materials protection, control, and accounting systems

for nuclear materials described in subsection (a) during the year

covered by such report.

"(2) The amounts of highly enriched uranium and plutonium in

each such country that have been secured under systems described

in paragraph (1) as of the date of such report.

"(3) The amount of nuclear materials described in subsection

(a) in each such country that continues to require securing under

systems described in paragraph (1) as of the date of such report.

"(4) A plan for actions to secure the nuclear materials

identified in paragraph (3) under systems described in paragraph

(1), including an estimate of the cost of such actions.

"(5) The amounts expended through the fiscal year preceding the

date of such report to secure nuclear materials described in

subsection (a) under systems described in paragraph (1), set

forth by total amount per country and by amount per fiscal year

per country.

"(c) Limitation on Use of Certain Funds. - (1) No amounts

authorized to be appropriated for the Department of Energy by this

Act or any other Act for purposes of the Nuclear Materials

Protection, Control, and Accounting Program may be obligated or

expended after September 30, 2000, for any project under the

program at a site controlled by the Russian Ministry of Atomic

Energy (MINATOM) in Russia until the Secretary submits to the

Committee on Armed Services of the Senate and the Committee on

Armed Services of the House of Representatives a report on the

access policy established with respect to such project, including a

certification that the access policy has been implemented.

"(2) The access policy with respect to a project under this

subsection shall -

"(A) permit appropriate determinations by United States

officials regarding security requirements, including security

upgrades, for the project; and

"(B) ensure verification by United States officials that

Department of Energy assistance at the project is being used for

the purposes intended."

SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS AND FUNDS

FOR PURPOSES OF PUB. L. 106-65

Pub. L. 106-65, div. A, title XIII, Sec. 1301(a), (b), Oct. 5,

1999, 113 Stat. 792, provided that:

"(a) Specification of CTR Programs. - For purposes of section 301

[113 Stat. 556] and other provisions of this Act [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 2000 Cooperative Threat Reduction Funds Defined.

- As used in this title [enacting provisions set out as notes under

this section and section 5955 of this title], the term 'fiscal year

2000 Cooperative Threat Reduction funds' means the funds

appropriated pursuant to the authorization of appropriations in

section 301 for Cooperative Threat Reduction programs."

LIMITATION ON USE OF FUNDS FOR CERTAIN PURPOSES

Pub. L. 107-314, div. A, title XIII, Sec. 1305, Dec. 2, 2002, 116

Stat. 2673, provided that: "No funds authorized to be appropriated

for Cooperative Threat Reduction programs for any fiscal year may

be used for the design, planning, or construction of a second wing

for a storage facility for Russian fissile material."

Pub. L. 107-248, title VIII, Sec. 8144, Oct. 23, 2002, 116 Stat.

1571, provided that:

"(a) The conditions described in section 1305 of the National

Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65;

22 U.S.C. 5952 note) shall not apply to the obligation and

expenditure of funds for fiscal years 2000, 2001, 2002 and 2003 for

the planning, design, or construction of a chemical weapons

destruction facility in Russia if the President submits to Congress

a written certification that includes -

"(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) Expiration of Authority. - The authority under paragraph (a)

shall expire on September 30, 2003."

Pub. L. 106-398, Sec. 1 [[div. A], title XIII, Sec. 1303], Oct.

30, 2000, 114 Stat. 1654, 1654A-340, provided that: "No fiscal year

2001 Cooperative Threat Reduction funds and no funds appropriated

for Cooperative Threat Reduction programs for any other fiscal

year, may be obligated or expended for elimination of conventional

weapons or the delivery vehicles primarily intended to deliver such

weapons." [For definitions, see section 1 [[div. A], title XIII,

Sec. 1301(a)] of Pub. L. 106-398, set out as a note under section

5959 of this title.]

Pub. L. 106-398, Sec. 1 [[div. A], title XIII, Sec. 1304], Oct.

30, 2000, 114 Stat. 1654, 1654A-340, as amended by Pub. L. 107-107,

div. A, title XIII, Sec. 1305(b), Dec. 28, 2001, 115 Stat. 1255,

provided that: "Out of funds authorized to be appropriated for

Cooperative Threat Reduction programs [for definition, see section

1 [[div. A], title XIII, Sec. 1301(a)] of Pub. L. 106-398, set out

as a note under section 5959 of this title] for fiscal year 2001 or

any other fiscal year, not more than $412,600,000 may be used for

planning, design, or construction of the first wing for the storage

facility for Russian fissile material referred to in section

1302(a)(5) [114 Stat. 1654-339] other than planning, design, or

construction to improve security at such first wing."

Pub. L. 106-65, div. A, title XIII, Secs. 1303-1305, Oct. 5,

1999, 113 Stat. 793, 794, as amended by Pub. L. 107-107, div. A,

title XIII, Sec. 1308, Dec. 28, 2001, 115 Stat. 1256; Pub. L.

107-314, div. A, title X, Sec. 1062(j)(2), Dec. 2, 2002, 116 Stat.

2651, provided that:

"SEC. 1303. PROHIBITION ON USE OF FUNDS FOR SPECIFIED PURPOSES

"(a) In General. - No fiscal year 2000 Cooperative Threat

Reduction funds, and no funds appropriated for Cooperative Threat

Reduction programs after the date of the enactment of this Act

[Oct. 5, 1999], may be obligated or expended for any of the

following purposes:

"(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) Limitation With Respect to Defense Conversion Assistance. -

None of the funds appropriated pursuant to the authorization of

appropriations in section 301 of this Act [113 Stat. 556], and no

funds appropriated to the Department of Defense in any other Act

enacted after the date of the enactment of this Act [Oct. 5, 1999],

may be obligated or expended for the provision of assistance to

Russia or any other state of the former Soviet Union to promote

defense conversion.

"(c) Limitation With Respect to Conventional Weapons. - No fiscal

year 2000 Cooperative Threat Reduction funds may be obligated or

expended for elimination of conventional weapons or the delivery

vehicles primarily intended to deliver such weapons.

"SEC. 1304. LIMITATIONS ON USE OF FUNDS FOR FISSILE MATERIAL

STORAGE FACILITY

"(a) Limitations on Use of Fiscal Year 2000 Funds. - No fiscal

year 2000 Cooperative Threat Reduction funds may be used -

"(1) for construction of a second wing for the storage facility

for Russian fissile material referred to in section 1302(a)(6)

[113 Stat. 793]; or

"(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) Limitation on Construction. - No funds authorized to be

appropriated for Cooperative Threat Reduction programs may be used

for construction of the storage facility referred to in subsection

(a) until the Secretary of Defense submits to Congress the

following:

"(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. LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS

DESTRUCTION

"No fiscal year 2000 Cooperative Threat Reduction funds, and no

funds appropriated for Cooperative Threat Reduction programs after

the date of the enactment of this Act [Oct. 5, 1999], may be

obligated or expended for planning, design, or construction of a

chemical weapons destruction facility in Russia until the Secretary

of Defense submits to Congress a certification that there has been

-

"(1) information provided by Russia, that the United States

assesses to be full and accurate, regarding the size of the

chemical weapons stockpile of Russia;

"(2) a demonstrated annual commitment by Russia to allocate at

least $25,000,000 to chemical weapons elimination;

"(3) development by Russia of a practical plan for destroying

its stockpile of nerve agents;

"(4) enactment of a law by Russia that provides for the

elimination of all nerve agents at a single site;

"(5) an agreement by Russia to destroy or convert its chemical

weapons production facilities at Volgograd and Novocheboksark;

and

"(6) a demonstrated commitment from the international community

to fund and build infrastructure needed to support and operate

the facility."

Similar provisions were contained in the following prior

authorization acts:

Pub. L. 105-261, div. A, title XIII, Sec. 1303, Oct. 17, 1998,

112 Stat. 2162.

Pub. L. 105-85, div. A, title XIV, Secs. 1403, 1405, 1407, Nov.

18, 1997, 111 Stat. 1960, 1962.

Pub. L. 104-201, div. A, title XV, Sec. 1503, Sept. 23, 1996, 110

Stat. 2732.

Pub. L. 104-106, div. A, title XII, Sec. 1203, Feb. 10, 1996, 110

Stat. 470.

DEFINITION OF COOPERATIVE THREAT REDUCTION PROGRAMS FOR PURPOSES OF

PUB. L. 105-261

Pub. L. 105-261, div. A, title XIII, Sec. 1301(a)(1), Oct. 17,

1998, 112 Stat. 2161, provided that: "For purposes of section 301

[112 Stat. 1960] and other provisions of this Act [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) (as amended by paragraph (2))."

LIMITATION ON USE OF FUNDS FOR CHEMICAL WEAPONS DESTRUCTION

ACTIVITIES IN RUSSIA

Pub. L. 105-261, div. A, title XIII, Sec. 1304, Oct. 17, 1998,

112 Stat. 2163, provided that:

"(a) Limitation. - Subject to the limitation in section 1405(b)

of the National Defense Authorization Act for Fiscal Year 1998

(Public Law 105-85; 111 Stat. 1961), no funds authorized to be

appropriated for Cooperative Threat Reduction programs under this

Act [see Tables for classification] or any other Act may be

obligated or expended for chemical weapons destruction activities

in Russia (including activities for the planning, design, or

construction of a chemical weapons destruction facility or for the

dismantlement of an existing chemical weapons production facility)

until the President submits to Congress a written certification

described in subsection (b).

"(b) Presidential Certification. - A certification under this

subsection is either of the following certifications by the

President:

"(1) A certification that -

"(A) Russia is making reasonable progress toward the

implementation of the Bilateral Destruction Agreement;

"(B) the United States and Russia have made 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) Definitions. - In this section:

"(1) The term 'Bilateral Destruction Agreement' means the

Agreement Between the United States of America and the Union of

Soviet Socialist Republics on Destruction and Non-production of

Chemical Weapons and on Measures to Facilitate the Multilateral

Convention on Banning Chemical Weapons signed on June 1, 1990.

"(2) The term 'Wyoming Memorandum of Understanding' means the

Memorandum of Understanding Between the Government of the United

States of America and the 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 Public Law 105-261, set out

above.]

Similar provisions were contained in the following prior

authorization acts:

Pub. L. 105-85, div. A, title XIV, Sec. 1406, Nov. 18, 1997, 111

Stat. 1961.

Pub. L. 104-106, div. A, title XII, Sec. 1209, Feb. 10, 1996, 110

Stat. 472.

REQUIREMENT TO SUBMIT SUMMARY OF AMOUNTS REQUESTED BY PROJECT

CATEGORY

Pub. L. 105-261, div. A, title XIII, Sec. 1307, Oct. 17, 1998,

112 Stat. 2165, provided that:

"(a) Summary Required. - The Secretary of Defense shall submit to

Congress as part of the Secretary's annual budget request to

Congress -

"(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) Description of Purpose and Intent. - The descriptive summary

required under subsection (a) shall include a narrative description

of each program and project category under each Cooperative Threat

Reduction program element that explains the purpose and intent of

the funds requested."

AUTHORITY TO CONDUCT PROGRAM RELATING TO FISSILE MATERIALS

Pub. L. 104-106, div. C, title XXXI, Sec. 3131, Feb. 10, 1996,

110 Stat. 617, as amended by Pub. L. 107-314, div. C, title XXXI,

Sec. 3152, Dec. 2, 2002, 116 Stat. 2738, provided that:

"The Secretary of Energy may conduct programs designed to improve

the protection, control, and accountability of fissile materials in

Russia."

DEFINITION OF COOPERATIVE THREAT REDUCTION PROGRAMS FOR PURPOSES OF

PUB. L. 103-337

Pub. L. 103-337, div. A, title XII, Sec. 1201, Oct. 5, 1994, 108

Stat. 2882, provided that: "For purposes of section 301 [108 Stat.

2706] and other provisions of this Act [see Tables for

classification], Cooperative Threat Reduction programs are the

programs described in section 1203(b) of the Cooperative Threat

Reduction Act of 1993 (title XII of Public Law 103-160; 107 Stat.

1778; 22 U.S.C. 5952(b))."

MULTIYEAR PLANNING AND ALLIED SUPPORT

Pub. L. 103-337, div. A, title XII, Sec. 1205(a)-(c), Oct. 5,

1994, 108 Stat. 2883, which required the Secretary of Defense to

submit to Congress a report on funding for Cooperative Threat

Reduction programs with states of the former Soviet Union at the

time of the transmission to Congress of the budget justification

materials for the funding request in the fiscal year 1996 budget

for such Cooperative Threat Reduction programs and to submit an

updated version of the report for any fiscal year after fiscal year

1996 for which the budget of the President proposed that funds be

appropriated for Cooperative Threat Reduction programs, was

repealed by Pub. L. 106-398, Sec. 1 [[div. A], title XIII, Sec.

1308(g)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-343, effective on

the date [Aug. 30, 2000] the Secretary of Defense submitted to

Congress an updated version of the multiyear plan for fiscal year

2001 as described in section 5959(h) of this title.

CONDITION ON ASSISTANCE TO RUSSIA FOR CONSTRUCTION OF PLUTONIUM

STORAGE FACILITY

Section 1612 of Pub. L. 103-160 provided:

"(a) Limitation. - Until a certification under subsection (b) is

made, no funds may be obligated or expended by the United States

for the purpose of assisting the Ministry of Atomic Energy of

Russia to construct a storage facility for surplus plutonium from

dismantled weapons.

"(b) Certification of Russia's Commitment to Halt Chemical

Separation of Weapon-Grade Plutonium. - The prohibition in

subsection (a) shall cease to apply upon a certification by the

President to Congress that Russia -

"(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) Sense of Congress on Plutonium Policy. - It is the sense of

Congress that a key objective of the United States with respect to

the nonproliferation of nuclear weapons should be to obtain a clear

and unequivocal commitment from the Government of Russia that it

will (1) cease all production and separation of weapon-grade

plutonium, and (2) halt chemical separation of plutonium produced

in civil nuclear power reactors.

"(d) Report. - Not later than June 1, 1994, the President shall

submit to Congress a report on the status of efforts by the United

States to secure the commitments and achieve the objective

described in subsections (b) and (c). The President shall include

in the report a discussion of the status of joint efforts by the

United States and Russia to replace any remaining Russian plutonium

production reactors with alternative power sources or to convert

such reactors to operation with alternative fuels that would permit

their operation without generating weapon-grade plutonium."

[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 Public Law 103-160 set

out above.]

-EXEC-

WAIVER OF CONDITIONS ON OBLIGATION AND EXPENDITURE OF FUNDS FOR

PLANNING, DESIGN, AND CONSTRUCTION OF A CHEMICAL WEAPONS

DESTRUCTION FACILITY IN RUSSIA

Determination of President of the United States, No. 03-10, Jan.

10, 2003, 68 F.R. 2411, provided:

Memorandum for the Secretary of State

Pursuant to the authority vested in me by section 8144 of the

Department of Defense Appropriations Act for Fiscal Year 2003

(Public Law 107-248) (the "Act") [set out as a note above], I

hereby certify that waiving the conditions described in section

1305 of the National Defense Authorization Act for Fiscal Year 2000

(Public Law 106-65) [set out as a note above] is important to the

national security interests of the United States, and include

herein, for submission to the Congress, the statement,

justification, and plan [68 F.R. 2412] described in section 8144(a)

of the Act. You are authorized and directed to transmit this

certification, including the statement, justification, and plan to

the Congress and to arrange for its publication in the Federal

Register.

George W. Bush.

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. 03-11, Jan.

10, 2003, 68 F.R. 2419, provided:

Memorandum for the Secretary of State

Pursuant to the authority vested in me by section 1306 of the

National Defense Authorization Act for Fiscal Year 2003 (Public Law

107-314) [amending this section and enacting provisions set out as

a note above], I hereby certify that waiving the restrictions

contained in subsection (d) of section 1203 of the Cooperative

Threat Reduction Act of 1993 (22 U.S.C. 5952), as amended, and the

requirements contained in section 502 of the FREEDOM Support Act

(22 U.S.C. 5852) during Fiscal Year 2003 with respect to the

Russian Federation is important to the national security interests

of the United States.

I have enclosed the unclassified report described in section

1306(b)(1) of the National Defense Authorization Act for Fiscal

Year 2003, together with a classified annex [not set out in the

Code].

You are authorized and directed to transmit this certification

and report with its classified annex to the Congress and to arrange

for the publication of this certification in the Federal Register.

George W. Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5954, 5955, 5957 of this

title; title 10 section 115.

-End-

-CITE-

22 USC Sec. 5953 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 68A - COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER

SOVIET UNION

-HEAD-

Sec. 5953. Demilitarization Enterprise Fund

-STATUTE-

(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 section 5421 of this title shall

apply with respect to the Demilitarization Enterprise Fund in the

same manner as such provisions apply to Enterprise Funds designated

pursuant to subsection (d) of such section:

(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 section

5421 of this title.

(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 section 5421 of this title and

comparable provisions of law.

(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.

-SOURCE-

(Pub. L. 103-160, div. A, title XII, Sec. 1204, Nov. 30, 1993, 107

Stat. 1779.)

-TRANS-

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 section 5952 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5954 of this title.

-End-

-CITE-

22 USC Sec. 5954 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 68A - COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER

SOVIET UNION

-HEAD-

Sec. 5954. Funding for fiscal year 1994

-STATUTE-

(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 section 5952 of this title.

(2) Not more than $20,000,000 of such funds may be made available

for programs authorized in subsection (b)(7) of section 5952 of

this title.

(3) Not more than $40,000,000 of such funds may be made available

for grants to the Demilitarization Enterprise Fund designated

pursuant to section 5953 of this title and for related

administrative expenses.

(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

(Public Law 102-396; 106 Stat. 1928), and in section 108 of Public

Law 102-229 (105 Stat. 1708) shall continue to be in effect during

fiscal year 1994.

-SOURCE-

(Pub. L. 103-160, div. A, title XII, Sec. 1205, Nov. 30, 1993, 107

Stat. 1781.)

-REFTEXT-

REFERENCES IN TEXT

Section 301(21), referred to in subsec. (a), means section

301(21) of Pub. L. 103-160, div. A, title III, Nov. 30, 1993, 107

Stat. 1616, which is not classified to the Code.

Section 9110(a) of the Department of Defense Appropriations Act,

1993, referred to in subsec. (c), is section 9110(a) of Pub. L.

102-396, title IX, Oct. 6, 1992, 106 Stat. 1928, which is not

classified to the Code.

Section 108 of Public Law 102-229, referred to in subsec. (c), is

section 108 of Pub. L. 102-229, title I, Dec. 12, 1991, 105 Stat.

1708, as amended, which is not classified to the Code.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 5955 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 68A - COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER

SOVIET UNION

-HEAD-

Sec. 5955. Prior notice to Congress of obligation of funds

-STATUTE-

(a) Notice of proposed obligation

Not less than 15 days before obligation of any funds for programs

under section 5952 of this title, the President shall transmit to

the appropriate congressional committees as defined in section 5957

of this title a report on the proposed obligation. Each such report

shall specify -

(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 section 5952(b) of this title shall contain

additional information to assist the Congress in determining the

merits of the proposed projects. Such information shall include

descriptions 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.

-SOURCE-

(Pub. L. 103-160, div. A, title XII, Sec. 1206, Nov. 30, 1993, 107

Stat. 1781.)

-TRANS-

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 section 5952 of this title.

-MISC1-

RUSSIAN NONSTRATEGIC NUCLEAR ARMS

Pub. L. 106-65, div. A, title XIII, Sec. 1312, Oct. 5, 1999, 113

Stat. 796, as amended by Pub. L. 106-398, Sec. 1 [[div. A], title

XIII, Sec. 1308(g)(3)], Oct. 30, 2000, 114 Stat. 1654, 1654A-343,

provided that: "It is the sense of Congress that -

"(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 [113 Stat. 795]

is made, the President should emphasize the continued interest of

the United States in working cooperatively with Russia to reduce

the dangers associated with Russia's tactical nuclear arsenal."

CONGRESSIONAL REPORTS ON COOPERATIVE THREAT REDUCTION PROGRAMS

Pub. L. 104-106, div. A, title XII, Secs. 1201, 1205, 1206, Feb.

10, 1996, 110 Stat. 469, 470, 471, as amended by Pub. L. 104-201,

div. A, title XIV, Sec. 1431, Sept. 23, 1996, 110 Stat. 2726; Pub.

L. 106-65, div. A, title X, Sec. 1067(6), title XIII, Sec. 1311,

Oct. 5, 1999, 113 Stat. 774, 796; Pub. L. 106-398, Sec. 1 [[div.

A], title XIII, Sec. 1308(g)(1)(C)], Oct. 30, 2000, 114 Stat. 1654,

1654A-343, provided that:

"SEC. 1201. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS.

"(a) In General. - For purposes of section 301 [110 Stat. 245]

and other provisions of this Act [see Tables for classification],

Cooperative Threat Reduction programs are the programs specified in

subsection (b).

"(b) Specified Programs. - The programs referred to in subsection

(a) are the following programs with respect to states of the former

Soviet Union:

"(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) Annual Requirement. - (1) Not less than 15 days before any

obligation of any funds appropriated for any fiscal year for a

program specified under section 1201 as a Cooperative Threat

Reduction program, the Secretary of Defense shall submit to the

congressional committees specified in paragraph (2) a report on

that proposed obligation for that program for that fiscal year.

"(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, and the Committee on Appropriations of

the House of Representatives.

"(b) Matters To Be Specified in Reports. - Each such report shall

specify -

"(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, Sec. 1 [[div. A], title

XIII, Sec. 1308(g)(1)(C)], Oct. 30, 2000, 114 Stat. 1654,

1654A-343.]"

-End-

-CITE-

22 USC Sec. 5956 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 68A - COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER

SOVIET UNION

-HEAD-

Sec. 5956. Repealed. Pub. L. 106-398, Sec. 1 [[div. A], title XIII,

Sec. 1308(g)(1)(A)], Oct. 30, 2000, 114 Stat. 1654, 1654A-343

-MISC1-

Section, Pub. L. 103-160, div. A, title XII, Sec. 1207, Nov. 30,

1993, 107 Stat. 1782; Pub. L. 103-337, div. A, title XII, Secs.

1202, 1208(b), Oct. 5, 1994, 108 Stat. 2882, 2887; Pub. L. 104-106,

div. A, title XV, Sec. 1504(a)(7), Feb. 10, 1996, 110 Stat. 513,

required submission of semiannual report.

-End-

-CITE-

22 USC Sec. 5957 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 68A - COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER

SOVIET UNION

-HEAD-

Sec. 5957. "Appropriate congressional committees" defined

-STATUTE-

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 section

5952 of this title, if the subject of separate legislation, would

be referred under the rules of the respective House of Congress.

-SOURCE-

(Pub. L. 103-160, div. A, title XII, Sec. 1208, Nov. 30, 1993, 107

Stat. 1782.)

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5955 of this title.

-End-

-CITE-

22 USC Sec. 5958 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 68A - COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER

SOVIET UNION

-HEAD-

Sec. 5958. Authorization for additional fiscal year 1993 assistance

to independent states of the former Soviet Union

-STATUTE-

(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 (Public Law 102-511) so as to optimize the contribution

such programs make to the national interests of the United States.

-SOURCE-

(Pub. L. 103-160, div. A, title XII, Sec. 1209, Nov. 30, 1993, 107

Stat. 1782.)

-REFTEXT-

REFERENCES IN TEXT

The Freedom for Russia and Emerging Eurasian Democracies and Open

Markets Support Act of 1992, referred to in subsec. (d), is Pub. L.

102-511, Oct. 24, 1992, 106 Stat. 3320, as amended. For complete

classification of this Act to the Code, see Short Title note set

out under section 5801 of this title and Tables.

-End-

-CITE-

22 USC Sec. 5959 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 68A - COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER

SOVIET UNION

-HEAD-

Sec. 5959. Reports on activities and assistance under cooperative

threat reduction programs

-STATUTE-

(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 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) (!1) 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.

(6) (!1) 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.

(7) A description of the defense and military activities

carried out under Cooperative Threat Reduction programs 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 purposes, 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) 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.

-SOURCE-

(Pub. L. 106-398, Sec. 1 [[div. A], title XIII, Sec. 1308], Oct.

30, 2000, 114 Stat. 1654, 1654A-341; Pub. L. 107-107, div. A, title

XIII, Secs. 1307, 1309, Dec. 28, 2001, 115 Stat. 1256, 1257; Pub.

L. 107-314, div. A, title XIII, Sec. 1304(a), Dec. 2, 2002, 116

Stat. 2672.)

-REFTEXT-

REFERENCES IN TEXT

Section 1205 of the National Defense Authorization Act for Fiscal

Year 1995, referred to in subsec. (h), is section 1205 of Pub. L.

103-337, div. A, title XII, Oct. 5, 1994, 108 Stat. 2883, which was

partially set out as a note under section 5952 of this title and

was repealed by Pub. L. 106-398, Sec. 1 [[div. A], title XIII, Sec.

1308(g)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-343.

-COD-

CODIFICATION

Section is comprised of section 1 [[div. A], title XIII, Sec.

1308] of Pub. L. 106-398. Section 1 [[div. A], title XIII, Sec.

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.

-MISC1-

AMENDMENTS

2002 - Subsec. (c)(6), (7). Pub. L. 107-314 added par. (6),

relating to description of how revenue is being utilized,

monitored, and accounted for, and par. (7).

2001 - Subsec. (c)(4). Pub. L. 107-107, Sec. 1307(1), in

introductory provisions, substituted "means (including program

management, audits, examinations, and other means) used" for

"audits, examinations, and other efforts, such as on-site

inspections, conducted" and ", that such assistance is being used

for its intended purpose, and that such assistance is being used

efficiently and effectively" for "and that such assistance is being

used for its intended purpose".

Subsec. (c)(4)(C). Pub. L. 107-107, Sec. 1307(2), inserted "and

an assessment of whether the assistance being provided is being

used effectively and efficiently" before semicolon.

Subsec. (c)(4)(D). Pub. L. 107-107, Sec. 1307(3), struck out

"audits, examinations, and other" before "efforts".

Subsec. (c)(6). Pub. L. 107-107, Sec. 1309, added par. (6).

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-314, div. A, title XIII, Sec. 1304(b), Dec. 2, 2002,

116 Stat. 2673, provided that: "Paragraphs (6) and (7) of section

1308(c) of such Act [22 U.S.C. 5959(c)(6), (7)], as added by

subsection (a), shall apply beginning with the report submitted

under that section in 2004."

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, Sec. 1 [[div. A], title XIII, Sec. 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."

-FOOTNOTE-

(!1) So in original. Two pars. (6) have been enacted.

-End-