H. R. 4546—214
(2) For strategic nuclear arms elimination in Ukraine,
$6,500,000.
(3) For nuclear weapons transportation security in Russia,
$19,700,000.
(4) For nuclear weapons storage security in Russia,
$40,000,000.
(5) For activities designated as Other Assessments/
Administrative Support, $14,700,000.
(6) For defense and military contacts, $18,900,000.
(7) For weapons of mass destruction infrastructure elimi-
nation activities in Kazakhstan, $9,000,000.
(8) For weapons of mass destruction infrastructure elimi-
nation activities in Ukraine, $8,800,000.
(9) 
For 
chemical 
weapons 
destruction 
in 
Russia,
$50,000,000.
(10) For biological weapons proliferation prevention in the
former Soviet Union, $55,000,000.
(11) For weapons of mass destruction proliferation preven-
tion in the States of the former Soviet Union, $40,000,000.
(b) ADDITIONAL FUNDS AUTHORIZED FOR CERTAIN PURPOSES.—
Of the funds authorized to be appropriated to the Department
of Defense for fiscal year 2003 in section 301(23) for Cooperative
Threat Reduction programs, $83,600,000 may be obligated for any
of the purposes specified in paragraphs (1) through (4) and (9)
of subsection (a) in addition to the amounts specifically authorized
in such paragraphs.
(c) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR
OTHER PURPOSES.—No fiscal year 2003 Cooperative Threat Reduc-
tion funds may be obligated or expended for a purpose other than
a purpose listed in paragraphs (1) through (11) of subsection (a)
until 30 days after the date that the Secretary of Defense submits
to Congress a report on the purpose for which the funds will
be obligated or expended and the amount of funds to be obligated
or expended. Nothing in the preceding sentence shall be construed
as authorizing the obligation or expenditure of fiscal year 2003
Cooperative Threat Reduction funds for a purpose for which the
obligation or expenditure of such funds is specifically prohibited
under this title or any other provision of law.
(d) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.—(1)
Subject to paragraphs (2) and (3), in any case in which the Secretary
of Defense determines that it is necessary to do so in the national
interest, the Secretary may obligate amounts appropriated for fiscal
year 2003 for a purpose listed in any of the paragraphs in subsection
(a) in excess of the specific amount authorized for that purpose.
(2) An obligation of funds for a purpose stated in any of the
paragraphs in subsection (a) in excess of the specific amount author-
ized for such purpose may be made using the authority provided
in paragraph (1) only after—
(A) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(B) 15 days have elapsed following the date of the notifica-
tion.
(3) The Secretary may not, under the authority provided in
paragraph (1), obligate amounts for a purpose stated in any of
paragraphs (5) through (10) of subsection (a) in excess of 125
percent of the specific amount authorized for such purpose.
H. R. 4546—215
(4) In this section, the term ‘‘specific amount authorized’’ means,
with respect to a purpose listed in any paragraph in subsection
(a)—
(A) the amount specifically authorized for that purpose
in subsection (a), plus
(B) in the case of a purpose listed in paragraph (1), (2),
(3), (4), or (9) of subsection (a), any amount obligated under
subsection (b) for that purpose.
SEC. 1303. PROHIBITION AGAINST USE OF FUNDS UNTIL SUBMISSION
OF REPORTS.
Not more than 50 percent of fiscal year 2003 Cooperative Threat
Reduction funds may be obligated or expended until 30 days after
the date of the submission of—
(1) the report required to be submitted in fiscal year 2002
under section 1308(a) 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–341); and
(2) the update for the multiyear plan required to be sub-
mitted for fiscal year 2001 under section 1205 of the National
Defense Authorization Act for Fiscal Year 1995 (Public Law
103–337; 22 U.S.C. 5952 note).
SEC. 1304. REPORT ON USE OF REVENUE GENERATED BY ACTIVITIES
CARRIED OUT UNDER COOPERATIVE THREAT REDUC-
TION PROGRAMS.
(a) ADDITIONAL REPORT REQUIREMENTS.—Section 1308(c) 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–341) is amended by inserting at the end the following new
paragraphs:
‘‘(6) To the maximum extent practicable, a description of
how revenue generated by activities carried out under Coopera-
tive Threat Reduction programs in recipient States is being
utilized, monitored, and accounted for.
‘‘(7) 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 activi-
ties;
‘‘(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.’’.
H. R. 4546—216
(b) EFFECTIVE DATE.—Paragraphs (6) and (7) of section 1308(c)
of such Act, as added by subsection (a), shall apply beginning
with the report submitted under that section in 2004.
SEC. 1305. PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING
OF FISSILE MATERIAL STORAGE FACILITY.
No funds authorized to be appropriated for Cooperative Threat
Reduction programs for any fiscal year may be used for the design,
planning, or construction of a second wing for a storage facility
for Russian fissile material.
SEC. 1306. LIMITED WAIVER OF RESTRICTIONS ON USE OF FUNDS
FOR THREAT REDUCTION IN STATES OF THE FORMER
SOVIET UNION.
(a) AUTHORITY
TO
WAIVE
RESTRICTIONS
AND
ELIGIBILITY
REQUIREMENTS.—If the President submits the certification and
report described in subsection (b) with respect to an independent
state of the former Soviet Union for a fiscal year—
(1) the restrictions in subsection (d) of section 1203 of
the Cooperative Threat Reduction Act of 1993 (22 U.S.C. 5952)
shall cease to apply, and funds may be obligated and expended
under that section for assistance, to that state during that
fiscal year; and
(2) funds may be obligated and expended during that fiscal
year under section 502 of the FREEDOM Support Act (22
U.S.C. 5852) for assistance or other programs and activities
for that state even if that state has not met one or more
of the requirements for eligibility under paragraphs (1) through
(4) of that section.
(b) CERTIFICATION
AND REPORT.—(1) The certification and
report referred to in subsection (a) are a written certification sub-
mitted by the President to Congress that the waiver of the restric-
tions and requirements described in paragraphs (1) and (2) of
that subsection during such fiscal year is important to the national
security interests of the United States, together with a report
containing the following:
(A) A description of the activity or activities that prevent
the President from certifying that the state is committed to
the matters set forth in the provisions of law specified in
paragraphs (1) and (2) of subsection (a) in such fiscal year.
(B) An explanation of why the waiver is important to
the national security interests of the United States.
(C) A description of the strategy, plan, or policy of the
President for promoting the commitment of the state to, and
compliance by the state with, such matters, notwithstanding
the waiver.
(2) The matter included in the report under paragraph (1)
shall be submitted in unclassified form, but may include a classified
annex.
(c) FISCAL YEARS COVERED.—The authority under subsection
(a) shall apply only with respect to fiscal years 2003, 2004, and
2005.
(d) EXPIRATION OF AUTHORITY.—The authority under subsection
(a) shall expire on September 30, 2005.
(e) ADMINISTRATION
OF RESTRICTIONS
ON ASSISTANCE.—Sub-
section (d) of section 1203 of the Cooperative Threat Reduction
Act of 1993 (title XII of Public Law 103–160; 107 Stat. 1778;
22 U.S.C. 5952) is amended—
H. R. 4546—217
(1) by striking ‘‘any year’’ and inserting ‘‘any fiscal year’’;
and
(2) by striking ‘‘that year’’ and inserting ‘‘such fiscal year’’.
TITLE XIV—HOMELAND SECURITY
Sec. 1401. Transfer of technology items and equipment in support of homeland se-
curity.
Sec. 1402. Comprehensive plan for improving the preparedness of military installa-
tions for terrorist incidents.
Sec. 1403. Additional Weapons of Mass Destruction Civil Support Teams.
Sec. 1404. Report on the role of the Department of Defense in supporting homeland
security.
Sec. 1405. Sense of Congress on Department of Defense assistance to local first re-
sponders.
SEC. 1401. TRANSFER OF TECHNOLOGY ITEMS AND EQUIPMENT IN
SUPPORT OF HOMELAND SECURITY.
(a) RESPONSIBLE SENIOR OFFICIAL.—The Secretary of Defense
shall designate a senior official of the Department of Defense to
coordinate all Department of Defense efforts to identify, evaluate,
deploy, and transfer to Federal, State, and local first responders
technology items and equipment in support of homeland security.
(b) DUTIES.—The official designated pursuant to subsection (a)
shall—
(1) identify technology items and equipment developed or
being developed by Department of Defense components that
have the potential to enhance public safety and improve home-
land security;
(2) cooperate with appropriate Federal Government officials
outside the Department of Defense to evaluate whether such
technology items and equipment would be useful to first
responders;
(3) facilitate the timely transfer, through identification of
appropriate private sector manufacturers, of appropriate tech-
nology items and equipment to Federal, State, and local first
responders, in coordination with appropriate Federal Govern-
ment officials outside the Department of Defense;
(4) identify and eliminate redundant and unnecessary
research efforts within the Department of Defense with respect
to technologies to be deployed to first responders;
(5) expedite the advancement of high priority Department
of Defense projects from research through implementation of
initial manufacturing; and
(6) participate in outreach programs established by appro-
priate Federal Government officials outside the Department
of Defense to communicate with first responders and to facili-
tate awareness of available technology items and equipment
to support responses to crises.
(c) SUPPORT AGREEMENT.—The official designated pursuant to
subsection (a) shall enter into an appropriate agreement with a
nongovernment entity for such entity to assist the official designated
under subsection (a) in carrying out that official’s duties under
this section. Any such agreement shall be entered into using
competitive procedures in compliance with applicable requirements
of law and regulation.
(d) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to