Sec. 3151. 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
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## SEC. 3151 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 **[**[22 U.S.C. 5952 note](/us/usc/t22/s5952)**]** ###
(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 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, the Committee on International Relations 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 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. **[**Division D, the Atomic Energy Defense Act, was repealed in its entirety by section 3111(b)(1) of division C of Public Law 119-60. The Act has been codified to subpart B of part VI of title 10, U.S.C. by section 3111(a) of such Public Law. **]**
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7 references not yet in our index
- 22 USC 5952
- Pub. L. 107-107
- 115 Stat. 1254
- Pub. L. 106-398
- Pub. L. 106-65
- 113 Stat. 792
- Pub. L. 119-60
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Sec. 3151
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
Cite22 USC 5952
Pub. L.Pub. L. 107-107
Stat.115 Stat. 1254
Pub. L.Pub. L. 106-398
Pub. L.Pub. L. 106-65
Cites 8 · showing 6Cited by 0 across 0 sources