§ 5951. Findings on cooperative threat reduction

§ 5951. Findings on cooperative threat reduction

(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.

(Pub. L. 103–160, div. A, title XII, § 1202, Nov. 30, 1993, 107 Stat. 1777.)

Statutory Notes and Related Subsidiaries

Short Title of 2003 Amendment

Pub. L. 108–136, div. C, title XXXVI, § 3601, Nov. 24, 2003, 117 Stat. 1822, provided that: “This title [enacting provisions set out as notes under this section and sections 1928, 5959, and 6321 of this title] may be cited as the ‘Nuclear Security Initiative Act of 2003’.”

Short Title

Pub. L. 103–160, div. A, title XII, § 1201, Nov. 30, 1993, 107 Stat. 1777, provided that: “This title [enacting this chapter] may be cited as the ‘Cooperative Threat Reduction Act of 1993’.”

Congressional Notification

Pub. L. 113–66, div. A, title XII, § 1246(c)(3), Dec. 26, 2013, 127 Stat. 924, as amended by Pub. L. 113–291, div. A, title XII, § 1243(3), Dec. 19, 2014, 128 Stat. 3564, which required that the Secretary of Defense notify certain congressional committees of the Secretary’s intent to provide the Russian Federation with any sensitive missile defense information not less than 7 days prior to the provision of such information, including an explanation of the reasons for providing the information and the reasons why providing the information would not compromise United States national security, was repealed by Pub. L. 114–92, div. A, title XVI, § 1671(b)(1), Nov. 25, 2015, 129 Stat. 1130.

Briefings to Congressional Committees

Pub. L. 113–66, div. A, title XII, § 1251(b), Dec. 26, 2013, 127 Stat. 926, provided that: “Prior to signing an executive agreement with the Russian Federation relating to ballistic missile defense, the President, or the President’s designee, shall brief the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] and the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the objectives and contents of the executive agreement.”

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

Pub. L. 112–239, div. A, title XII, § 1282, Jan. 2, 2013, 126 Stat. 2034, as amended by Pub. L. 114–92, div. A, title X, § 1076(c), Nov. 25, 2015, 129 Stat. 998, provided that: “It is the sense of Congress that any agreement between the United States and the Russian Federation related to nuclear arms, missile defense systems, or long-range conventional strike systems obligating the United States to reduce or limit the Armed Forces or armaments of the United States in any militarily significant manner may be made only pursuant to the treaty-making power of the President as set forth in Article II, section 2, clause 2 of the Constitution of the United States.”

Sharing of Classified United States Ballistic Missile Defense Information With the Russian Federation

Pub. L. 112–81, div. A, title XII, § 1244, Dec. 31, 2011, 125 Stat. 1646, provided that: “(a) Notification.—No classified United States ballistic missile defense information may be made available to the Russian Federation unless, 60 days prior to any instance in which the United States Government plans to provide such information to the Russian Federation, the President provides notification thereof to the appropriate congressional committees. “(b) Elements of Notification.—Each notification provided pursuant to subsection (a) shall include the following:“(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) Form.—Each notification provided pursuant to subsection (a) shall be submitted in unclassified form, but may include a classified annex. “(d) Appropriate Congressional Committees Defined.—For the purposes of this section, the term ‘appropriate congressional committees’ means—“(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) Classified United States Ballistic Missile Defense Information Defined.—For the purposes of this section, the term ‘classified United States ballistic missile defense information’ means information related to United States ballistic missile defenses that is classified as of, or after, the date of enactment of this Act [Dec. 31, 2011].”

Establishment of Interparliamentary Threat Reduction Working Group

Pub. L. 108–136, div. C, title XXXVI, § 3622, Nov. 24, 2003, 117 Stat. 1824, provided that: “(a) Establishment of Working Group.—There is hereby established a working group to be known as the ‘Threat Reduction Working Group’ as an interparliamentary group of the Congress of the United States and the legislature of the Russian Federation. “(b) Purpose of Working Group.—The purpose of the working group established by subsection (a) shall be to explore means to enhance cooperation between the United States and the Russian Federation with respect to nuclear nonproliferation and security and such other issues related to reducing the dangers of weapons of mass destruction as the members of the working group consider appropriate. “(c) Membership.—(1) The majority leader of the Senate, after consultation with the minority leader of the Senate, shall appoint not more than 10 Senators to the working group established by subsection (a). “(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

Pub. L. 107–314, div. C, title XXXI, § 3151, Dec. 2, 2002, 116 Stat. 2736, as amended by Pub. L. 108–375, div. C, title XXXI, § 3135, Oct. 28, 2004, 118 Stat. 2170, 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 [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) International Participation in Program.—(1) In order to achieve international participation in the program referred to in subsection (a), the Secretary of Energy may, in consultation with the Secretary of State, enter into one or more agreements with any person, foreign government, or other international organization that the Secretary considers appropriate for the contribution of funds by such person, government, or organization for purposes of the program. “(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