TITLE 22 - US CODE - CHAPTER 68A - COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET UNION

22 USC 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,

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(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.

22 USC 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 102228; 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.

22 USC 5953 - Demilitarization Enterprise Fund

(a) Designation of Fund 
The President is authorized to designate a Demilitarization Enterprise Fund for the purposes of this section. The President may designate as the Demilitarization Enterprise Fund any organization that satisfies the requirements of subsection (e) of this section.
(b) Purpose of Fund 
The purpose of the Demilitarization Enterprise Fund is to receive grants pursuant to this section and to use the grant proceeds to provide financial support under programs described in subsection (b)(5) of this section for demilitarization of industries and conversion of military technologies and capabilities into civilian activities.
(c) Grant authority 
The President may make one or more grants to the Demilitarization Enterprise Fund.
(d) Risk capital funding of demilitarization 
The Demilitarization Enterprise Fund shall use the proceeds of grants received under this section to provide financial support in accordance with subsection (b) of this section through transactions as follows:
(1) Making loans.
(2) Making grants.
(3) Providing collateral for loan guaranties by the Export-Import Bank of the United States.
(4) Taking equity positions.
(5) Providing venture capital in joint ventures with United States industry.
(6) Providing risk capital through any other form of transaction that the President considers appropriate for supporting programs described in subsection (b)(5) of this section.
(e) Eligible organization 
An organization is eligible for designation as the Demilitarization Enterprise Fund if the organization
(1) is a private, nonprofit">nonprofit organization;
(2) is governed by a board of directors consisting of private citizens of the United States; and
(3) provides assurances acceptable to the President that it will use grants received under this section to provide financial support in accordance with this section.
(f) Operational provisions 
The following provisions of section 5421 of this title shall apply with respect to the Demilitarization Enterprise Fund in the same manner as such provisions apply to Enterprise Funds designated pursuant to subsection (d) of such section:
(1) Subsection (d)(5), relating to the private character of Enterprise Funds.
(2) Subsection (h), relating to retention of interest earned in interest bearing accounts.
(3) Subsection (i), relating to use of United States private venture capital.
(4) Subsection (k), relating to support from Executive agencies.
(5) Subsection (l), relating to limitation on payments to Fund personnel.
(6) Subsections (m) and (n), relating to audits.
(7) Subsection (o), relating to record keeping requirements.
(8) Subsection (p), relating to annual reports.

In addition, returns on investments of the Demilitarization Enterprise Fund and other payments to the Fund may be reinvested in projects of the Fund.

(g) Experience of other Enterprise Funds 
To the maximum extent practicable, the Board of Directors of the Demilitarization Enterprise Fund should adopt for that Fund practices and procedures that have been developed by Enterprise Funds for which funding has been made available pursuant to section 5421 of this title.
(h) Consultation requirement 
In the implementation of this section, the Secretary of State and the Administrator of the Agency for International Development shall be consulted to ensure that the Articles of Incorporation of the Fund (including provisions specifying the responsibilities of the Board of Directors of the Fund), the terms of United States Government grant agreements with the Fund, and United States Government oversight of the Fund are, to the maximum extent practicable, consistent with the Articles of Incorporation of, the terms of grant agreements with, and the oversight of the Enterprise Funds established pursuant to section 5421 of this title and comparable provisions of law.
(i) Initial implementation 
The Board of Directors of the Demilitarization Enterprise Fund shall publish the first annual report of the Fund not later than January 31, 1995.
(j) Termination of designation 
A designation of an organization as the Demilitarization Enterprise Fund under subsection (a) of this section shall be temporary. When making the designation, the President shall provide for the eventual termination of the designation.

22 USC 5954 - Funding for fiscal year 1994

(a) Authorization of appropriations 
Funds authorized to be appropriated under section 301 (21)1 shall be available for cooperative threat reduction with states of the former Soviet Union under this chapter.
(b) Limitations 

(1) Not more than $15,000,000 of the funds referred to in subsection (a) of this section may be made available for programs authorized in subsection (b)(6) of section 5952 of this title.
(2) Not more than $20,000,000 of such funds may be made available for programs authorized in subsection (b)(7) of section 5952 of this title.
(3) Not more than $40,000,000 of such funds may be made available for grants to the Demilitarization Enterprise Fund designated pursuant to section 5953 of this title and for related administrative expenses.
(c) Authorization of extension of availability of prior year funds 
To the extent provided in appropriations Acts, the authority to transfer funds of the Department of Defense provided in section 9110(a) of the Department of Defense Appropriations Act, 1993 (Public Law 102396; 106 Stat. 1928), and in section 108 of Public Law 102229 (105 Stat. 1708) shall continue to be in effect during fiscal year 1994.
[1] See References in Text note below.

22 USC 5955 - Prior notice to Congress of obligation of funds

(a) Notice of proposed obligation 
Not less than 15 days before obligation of any funds for programs under section 5952 of this title, the President shall transmit to the appropriate congressional committees as defined in section 5957 of this title a report on the proposed obligation. Each such report shall specify
(1) the activities and forms of assistance for which the President plans to obligate such funds;
(2) the amount of the proposed obligation; and
(3) the projected involvement of the departments and agencies of the United States Government and the private sector of the United States.
(b) Reports on demilitarization or conversion projects 
Any report under subsection (a) of this section that covers proposed demilitarization or conversion projects under paragraph (5) or (6) of section 5952 (b) of this title shall contain additional information to assist the Congress in determining the merits of the proposed projects. Such information shall include descriptions of
(1) the facilities to be demilitarized;
(2) the types of activities conducted at those facilities and of the types of nonmilitary activities planned for those facilities;
(3) the forms of assistance to be provided by the United States Government and by the private sector of the United States;
(4) the extent to which military activities and production capability will consequently be eliminated at those facilities; and
(5) the mechanisms to be established for monitoring progress on those projects.

22 USC 5956 - Repealed. Pub. L. 106398, 1 [[div. A], title XIII, 1308(g)(1)(A)], Oct. 30, 2000, 114 Stat. 1654, 1654A343

Section, Pub. L. 103–160, div. A, title XII, 1207, Nov. 30, 1993, 107 Stat. 1782; Pub. L. 103–337, div. A, title XII, 1202, 1208 (b), Oct. 5, 1994, 108 Stat. 2882, 2887; Pub. L. 104–106, div. A, title XV, 1504(a)(7), Feb. 10, 1996, 110 Stat. 513, required submission of semiannual report.

22 USC 5957 - Appropriate congressional committees defined

In this chapter, the term appropriate congressional committees means
(1) the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committees on Appropriations of the House and the Senate, wherever the account, budget activity, or program is funded from appropriations made under the international affairs budget function (150);
(2) the Committees on Armed Services and the Committees on Appropriations of the Senate and the House of Representatives, wherever the account, budget activity, or program is funded from appropriations made under the national defense budget function (050); and
(3) the committee to which the specified activities of section 5952 of this title, if the subject of separate legislation, would be referred under the rules of the respective House of Congress.

22 USC 5958 - Authorization for additional fiscal year 1993 assistance to independent states of the former Soviet Union

(a) Authorization of appropriations 
There is hereby authorized to be appropriated for fiscal year 1993 for Operation and Maintenance, Defense Agencies the additional sum of $979,000,000, to be available for the purposes of providing assistance to the independent states of the former Soviet Union.
(b) Authorization of transfer of funds 
The Secretary of Defense may, to the extent provided in appropriations Acts, transfer from the account Operation and Maintenance, Defense Agencies for fiscal year 1993 a sum not to exceed the amount appropriated pursuant to the authorization in subsection (a) of this section to
(1) other accounts of the Department of Defense for the purpose of providing assistance to the independent states of the former Soviet Union; or
(2) appropriations available to the Department of State and other agencies of the United States Government for the purpose of providing assistance to the independent states of the former Soviet Union for programs that the President determines will increase the national security of the United States.
(c) Administrative provisions 

(1) Amounts transferred under subsection (b) of this section shall be available subject to the same terms and conditions as the appropriations to which transferred.
(2) The authority to make transfers pursuant to this section is in addition to any other transfer authority of the Department of Defense.
(d) Coordination of programs 
The President shall coordinate the programs described in subsection (b) of this section with those authorized in the other provisions of this chapter and in the provisions of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (Public Law 102511) so as to optimize the contribution such programs make to the national interests of the United States.

22 USC 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 Russias stockpile of tactical nuclear warheads and associated fissile materials.
(6) A description of the amount of the financial commitment from the international community, and from Russia, for the chemical weapons destruction facility located at Shchuchye, Russia, for the fiscal year beginning in the year in which the report is submitted.
(7) 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.
(8) 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) Repealed. Pub. L. 109–163, div. A, title XIII, § 1305, Jan. 6, 2006, 119 Stat. 3474 
(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 103337; 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 Russias 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 Russias stockpile of tactical nuclear warheads and associated fissile material.

22 USC 5960 - Limitation on use of funds until certain permits obtained

(a) In general 
The Secretary of Defense shall seek to obtain all the permits required to complete each phase of construction of a project under Cooperative Threat Reduction programs before obligating significant amounts of funding for that phase of the project.
(b) Use of funds for new construction projects 
Except as provided in subsection (e) of this section, with respect to a new construction project to be carried out by the Department of Defense under Cooperative Threat Reduction programs, not more than 40 percent of the total costs of the project may be obligated from Cooperative Threat Reduction funds for any fiscal year until the Secretary of Defense
(1) determines the number and type of permits that may be required for the lifetime of the project in the proposed location or locations of the project; and
(2) obtains from the State in which the project is to be located any permits that may be required to begin construction.
(c) Identification of required permits for ongoing incomplete construction projects 
With respect to an incomplete construction project carried out by the Department of Defense under Cooperative Threat Reduction programs, the Secretary shall identify all the permits that are required for the lifetime of the project not later than 120 days after November 24, 2003.
(d) Use of funds for certain incomplete construction projects 
Except as provided in subsection (e) of this section, with respect to an incomplete construction project carried out by the Department of Defense under Cooperative Threat Reduction programs for which construction has not yet commenced as of November 24, 2003, not more than 40 percent of the total costs of the project may be obligated from Cooperative Threat Reduction funds for any fiscal year until the Secretary obtains from the State in which the project is located the permits required to commence construction on the project.
(e) Exception to limitations on use of funds 
The limitation in subsection (b) or (d) of this section on the obligation of funds for a construction project otherwise covered by such subsection shall not apply with respect to the obligation of funds for a particular project if the Secretary
(1) determines that it is necessary in the national interest to obligate funds for such project; and
(2) submits to the congressional defense committees a notification of the intent to obligate funds for such project, together with a complete discussion of the justification for doing so.
(f) Definitions 
In this section, with respect to a project under Cooperative Threat Reduction programs:
(1) Incomplete construction project 
The term incomplete construction project means a construction project for which funds have been obligated or expended before November 24, 2003, and which is not completed as of November 24, 2003.
(2) New construction project 
The term new construction project means a construction project for which no funds have been obligated or expended as of November 24, 2003.
(3) Permit 
The term permit means any local or national permit for development, general construction, environmental, land use, or other purposes that is required for purposes of major construction in a state of the former Soviet Union in which the construction project is being or is proposed to be carried out.

22 USC 5961 - Requirement for on-site managers

(a) On-site manager requirement 
Before obligating any Cooperative Threat Reduction funds for a project described in subsection (b) of this section, the Secretary of Defense shall appoint one on-site manager for that project. The manager shall be appointed from among employees of the Federal Government.
(b) Projects covered 
Subsection (a) of this section applies to a project
(1) to be located in a state of the former Soviet Union;
(2) which involves dismantlement, destruction, or storage facilities, or construction of a facility; and
(3) with respect to which the total contribution by the Department of Defense is expected to exceed $50,000,000.
(c) Duties of on-site manager 
The on-site manager appointed under subsection (a) of this section shall
(1) develop, in cooperation with representatives from governments of countries participating in the project, a list of those steps or activities critical to achieving the projects disarmament or nonproliferation goals;
(2) establish a schedule for completing those steps or activities;
(3) meet with all participants to seek assurances that those steps or activities are being completed on schedule; and
(4) suspend United States participation in a project when a non-United States participant fails to complete a scheduled step or activity on time, unless directed by the Secretary of Defense to resume United States participation.
(d) Authority to manage more than one project 

(1) Subject to paragraph (2), an employee of the Federal Government may serve as on-site manager for more than one project, including projects at different locations.
(2) If such an employee serves as on-site manager for more than one project in a fiscal year, the total cost of the projects for that fiscal year may not exceed $150,000,000.
(e) Steps or activities 
Steps or activities referred to in subsection (c)(1) of this section are those activities that, if not completed, will prevent a project from achieving its disarmament or nonproliferation goals, including, at a minimum, the following:
(1) Identification and acquisition of permits (as defined in section 5960 of this title).
(2) Verification that the items, substances, or capabilities to be dismantled, secured, or otherwise modified are available for dismantlement, securing, or modification.
(3) Timely provision of financial, personnel, management, transportation, and other resources.
(f) Notification to Congress 
In any case in which the Secretary of Defense directs an on-site manager to resume United States participation in a project under subsection (c)(4) of this section, the Secretary shall concurrently notify Congress of such direction.
(g) Effective date 
This section shall take effect six months after November 24, 2003.

22 USC 5961a - Requirement for on-site managers

(a) On-site manager requirement 
Before obligating any defense nuclear nonproliferation funds for a project described in subsection (b) of this section, the Secretary of Energy shall appoint one on-site manager for that project. The manager shall be appointed from among employees of the Federal Government.
(b) Projects covered 
Subsection (a) of this section applies to a project
(1) to be located in a state of the former Soviet Union;
(2) which involves dismantlement, destruction, or storage facilities, or construction of a facility; and
(3) with respect to which the total contribution by the Department of Energy is expected to exceed $50,000,000.
(c) Duties of on-site manager 
The on-site manager appointed under subsection (a) of this section shall
(1) develop, in cooperation with representatives from governments of countries participating in the project, a list of those steps or activities critical to achieving the projects disarmament or nonproliferation goals;
(2) establish a schedule for completing those steps or activities;
(3) meet with all participants to seek assurances that those steps or activities are being completed on schedule; and
(4) suspend United States participation in a project when a non-United States participant fails to complete a scheduled step or activity on time, unless directed by the Secretary of Energy to resume United States participation.
(d) Authority to manage more than one project 

(1) Subject to paragraph (2), an employee of the Federal Government may serve as on-site manager for more than one project, including projects at different locations.
(2) If such an employee serves as on-site manager for more than one project in a fiscal year, the total cost of the projects for that fiscal year may not exceed $150,000,000.
(e) Steps or activities 
Steps or activities referred to in subsection (c)(1) of this section are those activities that, if not completed, will prevent a project from achieving its disarmament or nonproliferation goals, including, at a minimum, the following:
(1) Identification and acquisition of permits (as defined in subsection (g) of this section).
(2) Verification that the items, substances, or capabilities to be dismantled, secured, or otherwise modified are available for dismantlement, securing, or modification.
(3) Timely provision of financial, personnel, management, transportation, and other resources.
(f) Notification to Congress 
In any case in which the Secretary of Energy directs an on-site manager to resume United States participation in a project under subsection (c)(4) of this section, the Secretary shall concurrently notify Congress of such direction.
(g) Permit defined 
In this section, the term permit means any local or national permit for development, general construction, environmental, land use, or other purposes that is required in the state of the former Soviet Union in which the project is being or is proposed to be carried out.
(h) Effective date 
This section shall take effect six months after November 24, 2003.

22 USC 5962 - Annual certifications on use of facilities being constructed for Cooperative Threat Reduction projects or activities

(a) Certification on use of facilities being constructed 
Not later than the first Monday of February each year, the Secretary of Defense shall submit to the congressional defense committees a certification for each facility for a Cooperative Threat Reduction project or activity for which construction occurred during the preceding fiscal year on matters as follows:
(1) Whether or not such facility will be used for its intended purpose by the government of the state of the former Soviet Union in which the facility is constructed.
(2) Whether or not the government of such state remains committed to the use of such facility for its intended purpose.
(3) Whether those actions needed to ensure security at the facility, including secure transportation of any materials, substances, or weapons to, from, or within the facility, have been taken.
(b) Applicability 
Subsection (a) of this section shall apply to
(1) any facility the construction of which commences on or after November 24, 2003; and
(2) any facility the construction of which is ongoing as of November 24, 2003.

22 USC 5963 - Authority to use Cooperative Threat Reduction funds outside the former Soviet Union

(a) Authority 
Subject to the provisions of this section, the Secretary of Defense may obligate and expend Cooperative Threat Reduction funds for a fiscal year, and any Cooperative Threat Reduction funds for a fiscal year before such fiscal year that remain available for obligation, for a proliferation threat reduction project or activity outside the states of the former Soviet Union if the Secretary of Defense, with the concurrence of the Secretary of State, determines each of the following:
(1) That such project or activity will
(A) 
(i) assist the United States in the resolution of a critical emerging proliferation threat; or
(ii) permit the United States to take advantage of opportunities to achieve long-standing nonproliferation goals; and
(B) be completed in a short period of time.
(2) That the Department of Defense is the entity of the Federal Government that is most capable of carrying out such project or activity.
(b) Scope of authority 
The authority in subsection (a) of this section to obligate and expend funds for a project or activity includes authority to provide equipment, goods, and services for such project or activity utilizing such funds, but does not include authority to provide cash directly to such project or activity.
(c) Limitation on total amount of obligation 
The amount that may be obligated in a fiscal year under the authority in subsection (a) of this section may not exceed $50,000,000.
(d) Limitation on availability of funds 

(1) The Secretary of Defense may not obligate funds for a project or activity under the authority in subsection (a) of this section until the Secretary of Defense, with the concurrence of the Secretary of State, makes each determination specified in that subsection with respect to such project or activity.
(2) Not later than 15 days prior to obligating funds under the authority in subsection (a) of this section for a project or activity, the Secretary of Defense shall notify the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate in writing of the determinations made under paragraph (1) with respect to such project or activity, together with
(A) a justification for such determinations; and
(B) a description of the scope and duration of such project or activity.
(3) In the case of a situation that threatens human life or safety or where a delay would severely undermine the national security of the United States, notification under paragraph (2) shall be made not later than 10 days after obligating funds under the authority in subsection (a) for a project or activity.
(e) Additional limitations and requirements 
Except as otherwise provided in subsections (a) and (b) of this section, the exercise of the authority in subsection (a) of this section shall be subject to any requirement or limitation under another provision of law as follows:
(1) Any requirement for prior notice or other reports to Congress on the use of Cooperative Threat Reduction funds or on Cooperative Threat Reduction projects or activities.
(2) Any limitation on the obligation or expenditure of Cooperative Threat Reduction funds.
(3) Any limitation on Cooperative Threat Reduction projects or activities.