§ 5959. — Reports on activities and assistance under cooperative threat reduction programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC5959]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 68A--COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET
UNION
Sec. 5959. Reports on activities and assistance under
cooperative threat reduction programs
(a) Annual report
In any year in which the budget of the President under section 1105
of title 31 for the fiscal year beginning in such year requests funds
for the Department of Defense for assistance or activities under
Cooperative Threat Reduction programs with the states of the former
Soviet Union, the Secretary of Defense shall submit to Congress a report
on activities and assistance during the preceding fiscal year under
Cooperative Threat Reduction programs setting forth the matters in
subsection (c) of this section.
(b) Deadline for report
The report under subsection (a) of this section shall be submitted
not later than the first Monday in February of a year.
(c) Matters to be included
The report under subsection (a) of this section in a year shall set
forth the following:
(1) An estimate of the total amount that will be required to be
expended by the United States in order to achieve the objectives of
the Cooperative Threat Reduction programs.
(2) A five-year plan setting forth the amount of funds and other
resources proposed to be provided by the United States for
Cooperative Threat Reduction programs over the term of the plan,
including the purpose for which such funds and resources will be
used, and to provide guidance for the preparation of annual budget
submissions with respect to Cooperative Threat Reduction programs.
(3) A description of the Cooperative Threat Reduction activities
carried out during the fiscal year ending in the year preceding the
year of the report, including--
(A) the amounts notified, obligated, and expended for such
activities and the purposes for which such amounts were
notified, obligated, and expended for such fiscal year and
cumulatively for Cooperative Threat Reduction programs;
(B) a description of the participation, if any, of each
department and agency of the United States Government in such
activities;
(C) a description of such activities, including the forms of
assistance provided;
(D) a description of the United States private sector
participation in the portion of such activities that were
supported by the obligation and expenditure of funds for
Cooperative Threat Reduction programs; and
(E) such other information as the Secretary of Defense
considers appropriate to inform Congress fully of the operation
of Cooperative Threat Reduction programs and activities,
including with respect to proposed demilitarization or
conversion projects, information on the progress toward
demilitarization of facilities and the conversion of the
demilitarized facilities to civilian activities.
(4) A description of the 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.
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\1\ So in original. Two pars. (6) have been enacted.
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(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.
(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.)
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.
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.
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.''
