I 

108TH CONGRESS 

1ST SESSION H. R. 2063

To authorize the use of Cooperative Threat Reduction funds for projects 

and activities to address proliferation threats outside the states of the 

former Soviet Union, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2003

Mr. SCHIFF (for himself, Mr. DINGELL, Mr. FROST, Mr. LARSEN of Washington, Mr. SPRATT, Mr. MCDERMOTT, Mrs. JONES of Ohio, Mr. FRANK

of Massachusetts, Mr. CASE, Ms. WATSON, Mr. BROWN of Ohio, and Mr. 

WEXLER) introduced the following bill; which was referred to the Committee on International Relations 

A BILL

To authorize the use of Cooperative Threat Reduction funds 

for projects and activities to address proliferation threats 

outside the states of the former Soviet Union, and for 

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. AUTHORIZATION OF USE OF COOPERATIVE 

2 THREAT REDUCTION FUNDS FOR PROJECTS 

3 AND ACTIVITIES OUTSIDE THE FORMER SO4 VIET UNION. 

5 (a) PURPOSE.—The purpose of this section is to au6 thorize the use of Cooperative Threat Reduction funds for 

7 proliferation threat reduction projects and activities out8 side the former Soviet Union in order to resolve critical 

9 emerging proliferation threats and to take advantage of 

10 opportunities to achieve long-standing United States non11 proliferation goals. 

12 (b) COOPERATIVE THREAT REDUCTION PROGRAMS

13 AND FUNDS.—For purposes of this section: 

14 (1) Cooperative Threat Reduction programs 

15 are—

16 (A) the programs specified in section 

17 1501(b) of the National Defense Authorization 

18 Act for Fiscal Year 1997 (Public Law 104–201; 

19 110 Stat. 2731; 50 U.S.C. 2362 note); and 

20 (B) any other similar programs, as des21 ignated by the Secretary, to address critical 

22 emerging proliferation threats in the states of 

23 the former Soviet Union that jeopardize United 

24 States national security. 

25 (2) Cooperative Threat Reduction funds, for a 

26 fiscal year, are the funds authorized to be appro-
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1 priated for Cooperative Threat Reduction programs 

2 for that fiscal year. 

3 (c) AUTHORIZATION OF USE OF CTR FUNDS FOR

4 THREAT REDUCTION ACTIVITIES OUTSIDE THE FORMER

5 SOVIET UNION.—(1) Notwithstanding any other provision 

6 of law and subject to the succeeding provisions of this sec7 tion, the Secretary of Defense may obligate and expend 

8 Cooperative Threat Reduction funds for a fiscal year be9 fore fiscal year 2003 that remain available for obligation 

10 as of the date of the enactment of this Act for proliferation 

11 threat reduction projects and activities outside the states 

12 of the former Soviet Union if the Secretary determines 

13 that such projects and activities will—

14 (A) assist the United States in the resolution of 

15 critical emerging proliferation threats; or 

16 (B) permit the United States to take advantage 

17 of opportunities to achieve long-standing United 

18 States nonproliferation goals. 

19 (2) The amount that may be obligated under para20 graph (1) for projects and activities described in that 

21 paragraph may not exceed $50,000,000. 

22 (d) AUTHORIZED USES OF FUNDS.—The authority 

23 under subsection (c) to obligate and expend Cooperative 

24 Threat Reduction funds for a project or activity includes 

25 authority to provide equipment, goods, and services for the 
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1 project or activity, but does not include authority to pro2 vide cash directly to the project or activity. 

3 (e) SOURCE AND REPLACEMENT OF FUNDS USED.—

4 (1) The Secretary shall, to the maximum extent prac5 ticable, ensure that funds for projects and activities under 

6 subsection (c) are derived from funds that would otherwise 

7 be obligated for a range of Cooperative Threat Reduction 

8 programs, so that no particular Cooperative Threat Re9 duction program is the exclusive or predominate source 

10 of funds for such projects and activities. 

11 (2) If the Secretary obligates Cooperative Threat Re12 duction funds under subsection (c) in a fiscal year, the 

13 first budget of the President that is submitted under sec14 tion 1105(a) of title 31, United States Code, after such 

15 fiscal year shall set forth, in addition to any other amounts 

16 requested for Cooperative Threat Reduction programs in 

17 the fiscal year covered by such budget, a request for Coop18 erative Threat Reduction funds in the fiscal year covered 

19 by such budget in an amount equal to the amount so obli20 gated. The request shall also set forth the Cooperative 

21 Threat Reduction program or programs for which such 

22 funds would otherwise have been obligated, but for obliga23 tion under subsection (c). 

24 (3) Amounts authorized to be appropriated pursuant 

25 to a request under paragraph (2) shall be available only 
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1 for the Cooperative Threat Reduction program or pro2 grams set forth in the request under the second sentence 

3 of that paragraph. 

4 (f) LIMITATION ON OBLIGATION OF FUNDS.—Except 

5 as provided in subsection (g), the Secretary may not obli6 gate and expend Cooperative Threat Reduction funds for 

7 a project or activity under subsection (c) until 30 days 

8 after the date on which the Secretary submits to Congress 

9 a report on the purpose for which the funds will be obli10 gated and expended, and the amount of the funds to be 

11 obligated and expended. 

12 (g) EXCEPTION.—(1) The Secretary may obligate 

13 and expend Cooperative Threat Reduction funds for a 

14 project or activity under subsection (c) without regard to 

15 subsection (f) if the Secretary determines that a critical 

16 emerging proliferation threat warrants immediate obliga17 tion and expenditure of such funds. 

18 (2) Not later than 72 hours after first obligating 

19 funds for a project or activity under paragraph (1), the 

20 Secretary shall submit to the appropriate congressional of21 ficials a report containing a detailed justification for the 

22 obligation of funds. The report on a project or activity 

23 shall include the following: 

24 (A) A description of the critical emerging pro25 liferation threat to be addressed, or the long-stand-
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1 ing United States nonproliferation goal to be 

2 achieved, by the project or activity. 

3 (B) A description of the agreement, if any, 

4 under which the funds will be used, including wheth5 er or not the agreement provides that the funds will 

6 not be used for purposes contrary to the national se7 curity interests of the United States. 

8 (C) A description of the contracting process, if 

9 any, that will be used in the implementation of the 

10 project or activity. 

11 (D) An analysis of the effect of the obligation 

12 of funds for the project or activity on ongoing Coop13 erative Threat Reduction programs. 

14 (E) An analysis of the need for additional or 

15 follow-up threat reduction assistance, including 

16 whether or not the need for such assistance justifies 

17 the establishment of a new cooperative threat reduc18 tion program or programs to account for such assist19 ance. 

20 (F) A description of the mechanisms to be used 

21 by the Secretary to assure that proper audits and 

22 examinations of the project or activity are carried 

23 out. 

24 (3) In this subsection, the term ‘‘appropriate congres25 sional officials’’ means—
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1 (A) the Speaker of the House of Representa2 tives; 

3 (B) the President pro tempore of the Senate; 

4 (C) the Chairmen and Ranking Members of the 

5 Committees on Armed Services of the Senate and 

6 House of Representatives; 

7 (D) the Chairmen and Ranking Members of the 

8 Committees on Appropriations of the Senate and 

9 House of Representatives; 

10 (E) the Chairman and Ranking Member of the 

11 Committee on Foreign Relations of the Senate; 

12 (F) the Chairman and Ranking Member of the 

13 Committee on International Relations of the House 

14 of Representatives; 

15 (G) the Chairman and Vice Chairman of the 

16 Select Committee on Intelligence of the Senate; and 

17 (H) the Chairman and Vice Chairman of the 

18 Permanent Select Committee on Intelligence of the 

19 House of Representatives. 

20 (h) REPORT ON ESTABLISHMENT OF NEW COOPERA21 TIVE THREAT REDUCTION PROGRAMS.—(1) If the Sec22 retary employs the authority in subsection (c) in two con23 secutive fiscal years, the Secretary shall submit to Con24 gress a report on the advisability of establishing one or 

25 more new cooperative threat reduction programs to ac-
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1 count for projects and activities funded using such author2 ity. 

3 (2) The report required by paragraph (1) shall be 

4 submitted along with the budget justification materials in 

5 support of the Department of Defense budget (as sub6 mitted with the budget of the President under section 

7 1105(a) of title 31, United States Code) in the first budg8 et submitted after the end of the two consecutive fiscal 

9 years referred to in that paragraph.

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