
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1308]
[Document affected by Public Law 107-107 Section 1301]
[Document affected by Public Law 107-107 Section 1304]
[Document affected by Public Law 107-107 Section 1305(a)]
[Document affected by Public Law 107-107 Section 1305(b)]
[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 
year unless the President certifies to Congress for that 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.)

                         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.


 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, 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 Russia that 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, 
    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 
    Russia 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) 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 and by amount per fiscal year.
    ``(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. 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, provided that:
    ``(a) Limitations.--No fiscal year 2001 Cooperative Threat Reduction 
funds [for definition, see section 1 [[div. A], title XIII, 
Sec. 1301(b)] of Pub. L. 106-398, set out as a note under section 5959 
of this title] may be used--
        ``(1) for construction of a second wing for the storage facility 
    for Russian fissile material referred to in section 1302(a)(5) [114 
    Stat. 1654-339]; 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 written transparency agreement that provides for verification that 
    material stored at the facility is of weapons origin.
    ``(b) Establishment of Funding Cap for First Wing of Storage 
Facility.--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).''
    Pub. L. 106-65, div. A, title XIII, Secs. 1303-1305, Oct. 5, 1999, 
113 Stat. 793, 794, 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.''
    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, provided that:
    ``(a) Authority.--The Secretary of Energy may conduct programs 
designed to improve the protection, control, and accountability of 
fissile materials in Russia.
    ``(b) Semi-Annual Reports on Obligation of Funds.--(1) Not later 
than 30 days after the date of the enactment of this Act [Feb. 10, 
1996], and thereafter not later than April 1 and October 1 of each year, 
the Secretary of Energy shall submit to Congress a report on each 
obligation during the preceding six months of funds appropriated for a 
program described in subsection (a).
    ``(2) Each such report shall specify--
        ``(A) the activities and forms of assistance for which the 
    Secretary of Energy has obligated funds;
        ``(B) the amount of the obligation;
        ``(C) the activities and forms of assistance for which the 
    Secretary anticipates obligating funds during the six months 
    immediately following the report, and the amount of each such 
    anticipated obligation; and
        ``(D) the projected involvement (if any) of any department or 
    agency of the United States (in addition to the Department of 
    Energy) and of the private sector of the United States in the 
    activities and forms of assistance for which the Secretary of Energy 
    has obligated funds referred to in subparagraph (A).''


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, provided that:
    ``(a) Funding Report to Congress.--The Secretary of Defense shall 
submit to Congress a report as described in subsection (b) on funding 
for Cooperative Threat Reduction programs with states of the former 
Soviet Union. The report shall be submitted 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.
    ``(b) Matters To Be Included in Annual Report.--The Secretary of 
Defense shall include in the report under subsection (a) 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 Cooperative Threat Reduction programs.
        ``(2) A multiyear plan for the use of amounts and other 
    resources provided by the United States for Cooperative Threat 
    Reduction programs and to provide guidance for preparation of annual 
    budget submissions.
    ``(c) Subsequent Revisions to Report.--The Secretary of Defense 
shall submit an updated version of the report under subsection (a) for 
any fiscal year after fiscal year 1996 for which the budget of the 
President proposes that funds be appropriated to the Department of 
Defense for Cooperative Threat Reduction programs.''
    [Pub. L. 106-398, Sec. 1 [[div. A], title XIII, Sec. 1308(g)(2)], 
Oct. 30, 2000, 114 Stat. 1654, 1654A-343, provided that, 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 section 
5959(h) of this title, section 1205 of Pub. L. 103-337, set out in part 
above, is repealed.]


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.]

                  Section Referred to in Other Sections

    This section is referred to in sections 5954, 5955, 5957 of this 
title; title 10 section 115.
