§ 5952. — Authority for programs to facilitate cooperative threat reduction.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC5952]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 68A--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 5952. Authority for programs to facilitate cooperative
threat reduction
(a) In general
Notwithstanding any other provision of law, the President may
conduct programs described in subsection (b) of this section to assist
the independent states of the former Soviet Union in the
demilitarization of the former Soviet Union. Any such program may be
carried out only to the extent that the President determines that the
program will directly contribute to the national security interests of
the United States.
(b) Authorized programs
The programs referred to in subsection (a) of this section are the
following:
(1) Programs to facilitate the elimination, and the safe and
secure transportation and storage, of nuclear, chemical, and other
weapons and their delivery vehicles.
(2) Programs to facilitate the safe and secure storage of
fissile materials derived from the elimination of nuclear weapons.
(3) Programs to prevent the proliferation of weapons, weapons
components, and weapons-related technology and expertise.
(4) Programs to expand military-to-military and defense
contacts.
(5) Programs to facilitate the demilitarization of defense
industries and the conversion of military technologies and
capabilities into civilian activities.
(6) Programs to assist in the environmental restoration of
former military sites and installations when such restoration is
necessary to the demilitarization or conversion programs authorized
in paragraph (5).
(7) Programs to provide housing for former military personnel of
the former Soviet Union released from military service in connection
with the dismantlement of strategic nuclear weapons, when provision
of such housing is necessary for dismantlement of strategic nuclear
weapons and when no other funds are available for such housing.
(8) Other programs as described in section 212(b) of the Soviet
Nuclear Threat Reduction Act of 1991 (title II of 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.
(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.)
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''.
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.
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.]
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.
Section Referred to in Other Sections
This section is referred to in sections 5954, 5955, 5957 of this
title; title 10 section 115.
