§5951. Findings on cooperative threat reduction
The Congress finds that it is in the national security interest of the United States for the United States to do the following:
(1) Facilitate, on a priority basis, the transportation, storage, safeguarding, and elimination of nuclear and other weapons of the independent states of the former Soviet Union, including-
(A) the safe and secure storage of fissile materials derived from the elimination of nuclear weapons;
(B) the dismantlement of (i) intercontinental ballistic missiles and launchers for such missiles, (ii) submarine-launched ballistic missiles and launchers for such missiles, and (iii) heavy bombers; and
(C) the elimination of chemical, biological and other weapons capabilities.
(2) Facilitate, on a priority basis, the prevention of proliferation of weapons (and components of weapons) of mass destruction and destabilizing conventional weapons of the independent states of the former Soviet Union and the establishment of verifiable safeguards against the proliferation of such weapons and components.
(3) Facilitate, on a priority basis, the prevention of diversion of weapons-related scientific expertise of the independent states of the former Soviet Union to terrorist groups or third world countries.
(4) Support (A) the demilitarization of the defense-related industry and equipment of the independent states of the former Soviet Union, and (B) the conversion of such industry and equipment to civilian purposes and uses.
(5) Expand military-to-military and defense contacts between the United States and the independent states of the former Soviet Union.
(
Statutory Notes and Related Subsidiaries
Short Title of 2003 Amendment
Short Title
Congressional Notification
Briefings to Congressional Committees
Sense of Congress on Agreements Between the United States and the Russian Federation on Nuclear Arms, Missile Defense Systems, and Long-Range Conventional Strike Systems
Sharing of Classified United States Ballistic Missile Defense Information With the Russian Federation
"(a)
"(b)
"(1) A detailed description of the classified United States ballistic missile defense information to be provided.
"(2) An explanation of the national security interest in providing the information to the Russian Federation and any provisions for reciprocal sharing by the Russian Federation with the United States on its defensive systems.
"(3) A certification that providing the information is consistent with United States national disclosure policy as of the date of enactment of this Act [Dec. 31, 2011] and that the decision to provide the information was made pursuant to a national disclosure policy review.
"(4) If applicable, a detailed explanation of whether any exceptions to national disclosure policy were required in order to provide the information to the Russian Federation and why such exceptions were required.
"(5) A certification that adequate measures are in place to protect the information from unauthorized disclosure. The certification shall include a description of the manner in which the information will be protected from unauthorized sharing or transfer to third parties as well as an analysis of the risks to the capabilities of the United States ballistic missile defense system if the information is shared or transferred to an unauthorized third party.
"(c)
"(d)
"(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
"(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
"(e)
Establishment of Interparliamentary Threat Reduction Working Group
"(a)
"(b)
"(c)
"(2) The Speaker of the House of Representatives, after consultation with the minority leader of the House of Representatives, shall appoint not more than 30 Members of the House to the working group."
Transfer to National Nuclear Security Administration of Department of Defense's Cooperative Threat Reduction Program Relating to Elimination of Weapons Grade Plutonium Production in Russia
"(a)
"(1) The program, within the Cooperative Threat Reduction program of the Department of Defense, relating to the elimination of weapons grade plutonium production in Russia.
"(2) All functions, powers, duties, and activities of that program performed before the date of the enactment of this Act [Dec. 2, 2002] by the Department of Defense.
"(b)
"(2) The Cooperative Threat Reduction funds specified in this paragraph are the following:
"(A) Fiscal year 2002 Cooperative Threat Reduction funds, as specified in section 1301(b) of the National Defense Authorization Act for Fiscal Year 2002 (
"(B) Fiscal year 2001 Cooperative Threat Reduction funds, as specified in section 1301(b) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
"(C) Fiscal year 2000 Cooperative Threat Reduction funds, as specified in section 1301(b) of the National Defense Authorization Act for Fiscal Year 2000 (
"(c)
"(A) To design and construct, refurbish, or both, fossil fuel energy plants in Russia that provide alternative sources of energy to the energy plants in Russia that produce weapons grade plutonium.
"(B) To carry out limited safety upgrades of not more than three energy plants in Russia that produce weapons grade plutonium, provided that such upgrades do not extend the life of those plants.
"(2) Amounts available under paragraph (1) for activities referred to in that paragraph shall remain available for obligation for three fiscal years.
"(d)
"(A) the date on which the Administrator submits to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives, and the Committee on Foreign Relations of the Senate, a copy of an agreement or agreements entered into between the United States Government and the Government of the Russian Federation to shut down the three plutonium-producing reactors in Russia as specified under paragraph (2); and
"(B) the date on which the Administrator submits to the committees specified in subparagraph (A) a report on a plan to achieve international participation in the program referred to in subsection (a), including cost sharing.
"(2) The agreement (or agreements) under paragraph (1)(A) shall contain-
"(A) a commitment to shut down the three plutonium-producing reactors;
"(B) the date on which each such reactor will be shut down;
"(C) a schedule and milestones for each such reactor to complete the shutdown of such reactor by the date specified under subparagraph (B);
"(D) a schedule and milestones for refurbishment or construction of fossil fuel energy plants to be undertaken by the Government of the Russian Federation in support of the program;
"(E) an arrangement for access to sites and facilities necessary to meet such schedules and milestones;
"(F) an arrangement for audit and examination procedures in order to evaluate progress in meeting such schedules and milestones; and
"(G) any cost sharing arrangements between the United States Government and the Government of the Russian Federation in undertaking activities under such agreement (or agreements).
"(e)
"(2) Notwithstanding section 3302 of title 31, United States Code, and subject to paragraphs (3) and (4), the Secretary may retain and utilize any amounts contributed by a person, government, or organization under an agreement under paragraph (1) for purposes of the program without further appropriation and without fiscal year limitation.
"(3) The Secretary may not utilize under paragraph (2) any amount contributed under an agreement under paragraph (1) until 30 days after the date on which the Secretary notifies the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] of the intent to utilize such amount, including the source of such amount and the proposed purpose for which such amount will be utilized.
"(4) If any amount contributed under paragraph (1) has not been utilized within five years of receipt under that paragraph, the Secretary shall return such amount to the person, government, or organization contributing such amount under that paragraph.
"(5) Not later than 30 days after the receipt of any amount contributed under paragraph (1), the Secretary shall submit to the congressional defense committees a notice of the receipt of such amount.
"(6) Not later than October 31 each year, the Secretary shall submit to the congressional defense committees a report on the receipt and utilization of amounts under this subsection during the preceding fiscal year. Each report for a fiscal year shall set forth-
"(A) a statement of any amounts received under this subsection, including the source of each such amount; and
"(B) a statement of any amounts utilized under this subsection, including the purpose for which such amounts were utilized.
"(7) The authority of the Secretary to accept and utilize amounts under this subsection shall expire on December 31, 2011."
Accelerated Disposition of Highly Enriched Uranium
"(a)
"(2) The options pursued under paragraph (1) shall include expansion of the Material Consolidation and Conversion program of the Department of Energy to include-
"(A) additional facilities for the blending of highly enriched uranium; and
"(B) additional centralized secure storage facilities for highly enriched uranium designated for blending.
"(3) Any site selected for the storage of uranium or blended material under paragraph (2)(B) shall undergo complete materials protection, control, and accounting upgrades before the commencement of the storage of uranium or blended material at such site under the program.
"(b)
"(c)
"(1) January 1, 2014; or
"(2) the date on which the Secretary certifies that such uranium can be absorbed into the global market without undue disruption to the uranium mining, conversion, and enrichment industry in the United States.
"(d)
Plan for Accelerated Return of Weapons-Usable Nuclear Materials
"(a)
"(b)
"(1) transferring highly enriched uranium to Russia; and
"(2) upgrading the materials protection, control, and accounting procedures at such research reactors and facilities until the weapons-usable nuclear materials in such reactors and facilities are returned in accordance with that subsection.
"(c)
Plan for Securing Nuclear Weapons, Material, and Expertise of the States of the Former Soviet Union
"(a)
"(1) for cooperating with Russia on disposing, as soon as practicable, of nuclear weapons and weapons-usable nuclear material in Russia that Russia does not retain in its nuclear arsenals;
"(2) for assisting Russia in downsizing its nuclear weapons research and production complex;
"(3) for cooperating with the other states of the former Soviet Union on disposing, as soon as practicable, of all nuclear weapons and weapons-usable nuclear material in such states; and
"(4) for preventing the outflow from the states of the former Soviet Union of scientific expertise that could be used for developing nuclear weapons, other weapons of mass destruction, and delivery systems for such weapons.
"(b)
"(1) Specific goals and measurable objectives for programs that are designed to carry out the objectives described in subsection (a).
"(2) Criteria for success for such programs, and a strategy for eventual termination of United States contributions to such programs and assumption of the ongoing support of those programs by others.
"(3) A description of any administrative and organizational changes necessary to improve the coordination and effectiveness of such programs. In particular, the plan shall include consideration of the creation of an interagency committee that would have primary responsibilities within the executive branch for-
"(A) monitoring United States nonproliferation efforts in the states of the former Soviet Union;
"(B) coordinating the implementation of United States policy with respect to such efforts; and
"(C) recommending to the President integrated policies, budget options, and private sector and international contributions for such programs.
"(4) An estimate of the cost of carrying out such programs.
"(c)
"(1) is encouraged to consult with the relevant states of the former Soviet Union regarding the practicality of various options; and
"(2) shall consult with the majority and minority leadership of the appropriate committees of Congress.
"(d)
"(2) Each report under paragraph (1) shall include-
"(A) a discussion of progress made during the year covered by such report in the matters of the plan required by subsection (a);
"(B) a discussion of consultations with foreign nations, and in particular the Russian Federation, during such year on joint programs to implement the plan;
"(C) a discussion of cooperation, coordination, and integration during such year in the implementation of the plan among the various departments and agencies of the United States Government, as well as private entities that share objectives similar to the objectives of the plan; and
"(D) any recommendations that the President considers appropriate regarding modifications to law or regulations, or to the administration or organization of any Federal department or agency, in order to improve the effectiveness of any programs carried out during such year in the implementation of the plan."
[Functions of President under section 1205(d) of
Russian Nonstrategic Nuclear Arms
"(1) it is in the interest of Russia to fully implement the Presidential Nuclear Initiatives announced in 1991 and 1992 by then-President of the Soviet Union Gorbachev and then-President of Russia Yeltsin;
"(2) the President of the United States should call on Russia to match the unilateral reductions in the United States inventory of tactical nuclear weapons, which have reduced the inventory by nearly 90 percent; and
"(3) if the re-certification under section 1310 [
Limitation on Use of Funds for Chemical Weapons Destruction Activities in Russia
"(a)
"(b)
"(1) A certification that-
"(A) Russia is making reasonable progress toward the implementation of the Bilateral Destruction Agreement;
"(B) the United States and Russia have made substantial progress toward the resolution, to the satisfaction of the United States, of outstanding compliance issues under the Wyoming Memorandum of Understanding and the Bilateral Destruction Agreement; and
"(C) Russia has fully and accurately declared all information regarding its unitary and binary chemical weapons, chemical weapons facilities, and other facilities associated with chemical weapons.
"(2) A certification that the national security interests of the United States could be undermined by a policy of the United States not to carry out chemical weapons destruction activities under Cooperative Threat Reduction programs for which funds are authorized to be appropriated under this Act or any other Act for fiscal year 1999.
"(c)
"(1) The term 'Bilateral Destruction Agreement' means the Agreement Between the United States of America and the Union of Soviet Socialist Republics on Destruction and Non-production of Chemical Weapons and on Measures to Facilitate the Multilateral Convention on Banning Chemical Weapons signed on June 1, 1990.
"(2) The term 'Wyoming Memorandum of Understanding' means the Memorandum of Understanding Between the Government of the United States of America and the Government of the Union of Soviet Socialist Republics Regarding a Bilateral Verification Experiment and Data Exchange Related to Prohibition on Chemical Weapons, signed at Jackson Hole, Wyoming, on September 23, 1989."
[Memorandum of President of the United States, July 16, 1999, 64 F.R. 40503, delegated to Secretary of Defense authority of President under section 1304(b)(2) of
Similar provisions were contained in the following prior authorization acts:
Congressional Reports on Cooperative Threat Reduction Programs
"SEC. 1201. SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS.
"(a)
"(b)
"(1) Programs to facilitate the elimination, and the safe and secure transportation and storage, of nuclear, chemical, and other weapons, fissile material suitable for use in nuclear weapons, and their delivery vehicles.
"(2) Programs to facilitate the safe and secure storage of fissile materials derived from the elimination of nuclear weapons.
"(3) Programs to prevent the proliferation of weapons, weapons components, and weapons-related technology and expertise.
"(4) Programs to expand military-to-military and defense contacts.
"[SEC. 1205. Repealed.
Pub. L. 113–291, div. A, title XIII, §1351(4), Dec. 19, 2014, 128 Stat. 3607
.]
"[SEC. 1206. Repealed.
Pub. L. 106–398, §1 [[div. A], title XIII, §1308(g)(1)(C)], Oct. 30, 2000, 114 Stat. 1654
, 1654A-343.]"
Condition on Assistance to Russia for Construction of Plutonium Storage Facility
"(a)
"(b)
"(1) is committed to halting the chemical separation of weapon-grade plutonium from spent nuclear fuel; and
"(2) is taking all practical steps to halt such separation at the earliest possible date.
"(c)
"(d)
[Memorandum of President of the United States, Mar. 10, 1994, 59 F.R. 14079, delegated to Secretary of State authority and duty of President under section 1612(b) and (d) of