50 U.S.C. § 3711 (WAR AND NATIONAL DEFENSE)
§ 3711. Authority to carry out Department of Defense Cooperative Threat Reduction Program
(a) Authority
The Secretary of Defense may carry out a program, referred to as the “Department of Defense Cooperative Threat Reduction Program”, with respect to foreign countries to do the following:
(1) Facilitate the elimination and the safe and secure transportation and storage of chemical, biological, or other weapons, weapons components, weapons-related materials, and associated delivery vehicles.
(2) Facilitate—
(A) the safe and secure transportation and storage of nuclear weapons, nuclear weapons-usable or high-threat radiological materials, nuclear weapons components, and associated delivery vehicles; and
(B) the elimination of nuclear weapons, nuclear weapons components, and nuclear weapons delivery vehicles.
(3) Prevent the proliferation of nuclear and chemical weapons, weapons components, and weapons-related materials, technology, and expertise.
(4) Prevent the proliferation of biological weapons, weapons components, and weapons-related materials, technology, and expertise, which may include activities that facilitate detection and reporting of highly pathogenic diseases or other diseases that are associated with or that could be used as an early warning mechanism for disease outbreaks that could affect the Armed Forces of the United States or allies of the United States, regardless of whether such diseases are caused by biological weapons.
(5) Prevent the proliferation of weapons of mass destruction-related materials, including materials, equipment, and technology that could be used for the design, development, production, or use of nuclear, chemical, and biological weapons and the means of delivery of such weapons.
(6) Carry out military-to-military and defense contacts for advancing the mission of the Program, subject to subsection (f).
(b) Concurrence of Secretary of State
The authority under subsection (a) to carry out the Program is subject to any concurrence of the Secretary of State or other appropriate agency head required under section 3712 or 3713 of this title (unless such concurrence is otherwise exempted pursuant to section 3751 of this title with respect to activities or determinations carried out or made before December 19, 2014).
(c) Scope of authority
The authority to carry out the Program in subsection (a) includes authority to provide equipment, goods, and services, but does not include authority to provide funds directly for a project or activity carried out under the Program.
(d) Type of program
The Program carried out under subsection (a) may involve assistance in planning and in resolving technical problems associated with weapons destruction and proliferation. The Program may also involve the funding of critical short-term requirements relating to weapons destruction.
(e) Reimbursement of other agencies
The Secretary of Defense may reimburse heads of other departments and agencies of the Federal Government under this section for costs of the participation of the respective departments and agencies in the Program.
(f) Military-to-military and defense contacts
The Secretary of Defense shall ensure that the military-to-military and defense contacts carried out under subsection (a)(6)—
(1) are focused and expanded to support specific relationship-building opportunities, which could lead to the development of the Program in new geographic areas and achieve other benefits of the Program;
(2) are directly administered as part of the Program; and
(3) include cooperation and coordination with—
(A) the unified combatant commands; and
(B) the Department of State.
(g) Prior notice to Congress of obligation of funds
(1) Annual requirement
Not less than 15 days before any obligation of any Cooperative Threat Reduction funds, the Secretary of Defense shall submit to the congressional defense committees a report on that proposed obligation of such funds for that fiscal year.
(2) Matters included
Each report under paragraph (1) shall specify—
(A) the activities and forms of assistance for which the Secretary plans to obligate funds;
(B) the amount of the proposed obligation; and
(C) the projected involvement (if any) of any other department or agency of the United States and of the private sector of the United States in the activities and forms of assistance for which the Secretary plans to obligate such funds.
(3) Exception for notifications previously provided
Paragraph (1) shall not apply with respect to a proposed obligation of Cooperative Threat Reduction funds that is covered by a notification previously submitted by the Secretary to the congressional defense committees that includes the matters described in subparagraphs (A) through (C) of paragraph (2).
(Pub. L. 113–291, div. A, title XIII, § 1321, Dec. 19, 2014, 128 Stat. 3595.)
heading: Congressional Notification
text: 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, provided that: “If the Secretary of Defense intends to provide the Russian Federation with any sensitive missile defense information that the Secretary determines will not compromise United States national security, the Secretary shall notify 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 of the Secretary’s intent to provide such 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 will not compromise United States national security.”
heading: Briefing
text: 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.”
heading: Sharing of Classified United States Ballistic Missile Defense Information With the Russian Federation
text: 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].”
heading: Accelerated Disposition of Highly Enriched Uranium
text: Pub. L. 107–314, div. C, title XXXI, § 3157, Dec. 2, 2002, 116 Stat. 2740, provided that:
“(a) Program on Accelerated Disposition of HEU Authorized.—
(1) The Secretary of Energy may carry out a program to pursue with the Russian Federation options for blending highly enriched uranium so that the concentration of U–235 in such uranium is below 20 percent.
“(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) Construction With HEU Disposition Agreement.—
Nothing in this section may be construed as terminating, modifying, or otherwise affecting requirements for the disposition of highly enriched uranium under the Agreement Between the Government of the United States of America and the Government of the Russian Federation Concerning the Disposition of Highly Enriched Uranium Extracted from Nuclear Weapons, signed at Washington on February 18, 1993.
“(c) Limitation on Release for Sale of Blended Uranium.—
Uranium blended under this section may not be released for sale until the earlier of—
“(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) Amount for Activities.—
Of the amount to be appropriated by section 3101(a)(2) [116 Stat. 2729] for the Department of Energy for the National Nuclear Security Administration for defense nuclear nonproliferation, up to $10,000,000 may be available for carrying out this section.”
heading: Plan for Securing Nuclear Weapons, Material, and Expertise of the States of the Former Soviet Union
text: Pub. L. 107–107, div. A, title XII, § 1205, Dec. 28, 2001, 115 Stat. 1247, as amended by Pub. L. 107–314, div. A, title XII, § 1205, Dec. 2, 2002, 116 Stat. 2664, provided that:
“(a) Plan Required.—
Not later than June 15, 2002, the President shall submit to Congress a plan, that has been developed in coordination with all relevant Federal agencies—
“(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) Content of Plan.—
The plan required by subsection (a) shall include the following:
“(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) Consultation.—
In developing the plan required by subsection (a), the President—
“(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) Annual Report on Implementation of Plan.—
(1) Not later than January 31, 2003, and each year thereafter, the President shall submit to Congress a report on the implementation of the plan required by subsection (a) during the preceding year.
“(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 Pub. L. 107–107, set out above, delegated to Secretary of State by Memorandum of President of the United States, Nov. 2, 2005, 70 F.R. 72055.]