50 U.S.C. § 2357b — Establishment of Committee on Non-

Page 386 TITLE 50—WAR AND NATIONAL DEFENSE § 2357b 1 So in original. Probably should be ‘‘department’s’’. fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. § 2357b. Establishment of Committee on Non- proliferation Assistance (a) In general The President shall establish a mechanism to coordinate, with the maximum possible effec- tiveness and efficiency, the efforts of United States Government departments and agencies engaged in formulating policy and carrying out programs for achieving nonproliferation and threat reduction. (b) Membership The coordination mechanism established pur- suant to subsection (a) shall include— (1) representatives designated by— (A) the Secretary of State; (B) the Secretary of Defense; (C) the Secretary of Energy; (D) the Secretary of Commerce; (E) the Attorney General; and (F) the Director of the Office of Homeland Security, or the head of a successor depart- ment or agency; and (2) such other executive branch officials as the President may select. (c) Level of representation To the maximum extent possible, each depart- ment 1 or agency’s representative designated pursuant to subsection (b)(1) shall be an official of that department or agency who has been ap- pointed by the President with the advice and consent of the Senate. (d) Chair The President shall designate an official to di- rect the coordination mechanism established pursuant to subsection (a). The official so des- ignated may invite the head of any other depart- ment or agency of the United States to des- ignate a representative of that department or agency to participate from time to time in the activities of the Committee. (Pub. L. 107–228, div. B, title XIII, § 1334, Sept. 30, 2002, 116 Stat. 1449.) Statutory Notes and Related Subsidiaries RUSSIAN FEDERATION DEBT REDUCTION FOR NONPROLIFERATION Pub. L. 107–228, div. B, title XIII, subtitle B, Sept. 30, 2002, 116 Stat. 1442, as amended by Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 112–74, div. I, title VII, § 7034(n), Dec. 23, 2011, 125 Stat. 1217, provided that: ‘‘SEC. 1311. SHORT TITLE. ‘‘This subtitle may be cited as the ‘Russian Federa- tion Debt for Nonproliferation Act of 2002’. ‘‘SEC. 1312. FINDINGS AND PURPOSES. ‘‘(a) FINDINGS.—Congress finds the following: ‘‘(1) It is in the vital security interests of the United States to prevent the spread of weapons of mass destruction to additional states or to terrorist organizations, and to ensure that other nations’ obli- gations to modify their stockpiles of such arms in ac- cordance with treaties, executive agreements, or po- litical commitments are fulfilled. ‘‘(2) In particular, it is in the vital national secu- rity interests of the United States to ensure that— ‘‘(A) all stocks of nuclear weapons and weapons- usable nuclear material in the Russian Federation are secure and accounted for; ‘‘(B) stocks of nuclear weapons and weapons-usa- ble nuclear material that are excess to military needs in the Russian Federation are monitored and reduced; ‘‘(C) any chemical or biological weapons, related materials, and facilities in the Russian Federation are destroyed; ‘‘(D) the Russian Federation’s nuclear weapons complex is reduced to a size appropriate to its post- Cold War missions, and its experts in weapons of mass destruction technologies are shifted to gainful and sustainable civilian employment; ‘‘(E) the Russian Federation’s export control sys- tem blocks any proliferation of weapons of mass de- struction, the means of delivering such weapons, and materials, equipment, know-how, or technology that would be used to develop, produce, or deliver such weapons; and ‘‘(F) these objectives are accomplished with suffi- cient monitoring and transparency to provide con- fidence that they have in fact been accomplished and that the funds provided to accomplish these ob- jectives have been spent efficiently and effectively. ‘‘(3) United States programs should be designed to accomplish these vital objectives in the Russian Fed- eration as rapidly as possible, and the President should develop and present to Congress a plan for doing so. ‘‘(4) Substantial progress has been made in United States-Russian Federation cooperative programs to achieve these objectives, but much more remains to be done to reduce the urgent risks to United States national security posed by the current state of the Russian Federation’s weapons of mass destruction stockpiles and complexes. ‘‘(5) The threats posed by inadequate management of weapons of mass destruction stockpiles and com- plexes in the Russian Federation remain urgent. Inci- dents in years immediately preceding 2001, which have been cited by the Russia Task Force of the Sec- retary of Energy Advisory Board, include— ‘‘(A) a conspiracy at one of the Russian Federa- tion’s largest nuclear weapons facilities to steal nearly enough highly enriched uranium for a nu- clear bomb; ‘‘(B) an attempt by an employee of the Russian Federation’s premier nuclear weapons facility to sell nuclear weapons designs to agents of Iraq and Afghanistan; and ‘‘(C) the theft of radioactive material from a Rus- sian Federation submarine base. ‘‘(6) Addressing these threats to United States and world security will ultimately consume billions of dollars, a burden that will have to be shared by the Russian Federation, the United States, and other governments, if these threats are to be neutralized. ‘‘(7) The creation of new funding streams could ac- celerate progress in reducing these threats to United States security and help the government of the Rus- sian Federation to fulfill its responsibility for secure management of its weapons stockpiles and complexes as United States assistance phases out. ‘‘(8) The Russian Federation has a significant for- eign debt, a substantial proportion of which it inher- ited from the Soviet Union. ‘‘(9) Past debt-for-environment exchanges, in which a portion of a country’s foreign debt is canceled in re- turn for certain environmental commitments or pay- ments by that country, suggest that a debt-for-non- proliferation exchange with the Russian Federation could be designed to provide additional funding for nonproliferation and arms reduction initiatives. ‘‘(10) Most of the Russian Federation’s official bi- lateral debt is held by United States allies that are advanced industrial democracies. Since the issues de- Page 387 TITLE 50—WAR AND NATIONAL DEFENSE § 2357b scribed pose threats to United States allies as well, United States leadership that results in a larger con- tribution from United States allies to cooperative threat reduction activities will be needed. ‘‘(11) At the June 2002 meeting of the G–8 countries, agreement was achieved on a G–8 Global Partnership against the Spread of Weapons and Materials of Mass Destruction, under which the advanced industrial de- mocracies committed to contribute $20,000,000,000 to nonproliferation programs in the Russian Federation during a 10-year period, with each contributing coun- try having the option to fund some or all of its con- tribution through reduction in the Russian Federa- tion’s official debt to that country. ‘‘(12) The Russian Federation’s Soviet-era official debt to the United States is estimated to be $480,000,000 in Lend-Lease debt and $2,250,000,000 in debt as a result of credits extended under title I of the Agricultural Trade Development and Assistance Act of 1954 [now Food for Peace Act] (7 U.S.C. 1701 et seq.). ‘‘(b) PURPOSES.—The purposes of this subtitle are— ‘‘(1) to facilitate the accomplishment of the United States objectives described in the findings set forth in subsection (a) by providing for the use of a portion of the Russian Federation’s foreign debt to fund non- proliferation programs, thus allowing the use of addi- tional resources for these purposes; and ‘‘(2) to help ensure that the resources made avail- able to the Russian Federation are targeted to the ac- complishment of the United States objectives de- scribed in the findings set forth in subsection (a). ‘‘SEC. 1313. DEFINITIONS. ‘‘In this subtitle: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on International Relations [now Committee on Foreign Affairs] and the Com- mittee on Appropriations of the House of Rep- resentatives; and ‘‘(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. ‘‘(2) COST.—The term ‘cost’ has the meaning given that term in section 502(5) of the Federal Credit Re- form Act of 1990 (2 U.S.C. 661a(5)). ‘‘(3) RUSSIAN FEDERATION NONPROLIFERATION INVEST- MENT AGREEMENT OR AGREEMENT.—The term ‘Russian Federation Nonproliferation Investment Agreement’ or ‘Agreement’ means the agreement between the United States and the Russian Federation entered into under section 1315(a). ‘‘(4) SOVIET-ERA DEBT.—The term ‘Soviet-era debt’ means debt owed as a result of loans or credits pro- vided by the United States (or any agency of the United States) to the Union of Soviet Socialist Re- publics under the Lend Lease Act of 1941 [former 22 U.S.C. 411 et seq.] or the Commodity Credit Corpora- tion Charter Act [15 U.S.C. 714 et seq.]. ‘‘(5) STATE SPONSOR OF INTERNATIONAL TERRORISM.— The term ‘state sponsor of international terrorism’ means those countries that have been determined by the Secretary of State, for the purposes of section 40 of the Arms Export Control Act [22 U.S.C. 2780], sec- tion 620A of the Foreign Assistance Act of 1961 [22 U.S.C. 2371], or [former] section 6(j) of the Export Ad- ministration Act of 1979 [former 50 U.S.C. 4605(j)], to have repeatedly provided support for acts of inter- national terrorism. ‘‘SEC. 1314. AUTHORITY TO REDUCE THE RUSSIAN FEDERATION’S SOVIET-ERA DEBT OBLIGA- TIONS TO THE UNITED STATES. ‘‘(a) AUTHORITY TO REDUCE DEBT.— ‘‘(1) IN GENERAL.—Upon the entry into force of a Russian Federation Nonproliferation Investment Agreement, the President may reduce amounts of So- viet-era debt owed by the Russian Federation to the United States (or any agency or instrumentality of the United States) that are outstanding as of the last day of the fiscal year preceding the fiscal year for which appropriations are available for the reduction of debt, in accordance with this subtitle. ‘‘(2) LIMITATION.—The authority provided by para- graph (1) shall be available only to the extent that appropriations for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 [2 U.S.C. 661a(5)]) of reducing any debt pursuant to such subsection are made in advance. ‘‘(3) SUPERSEDES EXISTING LAW.—The authority pro- vided by paragraph (1) may be exercised notwith- standing section 620(r) of the Foreign Assistance Act of 1961 (22 U.S.C. 2370(r)) or section 321 of the Inter- national Development and Food Assistance Act of 1975 [Pub. L. 94–161, set out as a note under section 2220a of Title 22, Foreign Relations and Intercourse]. ‘‘(b) IMPLEMENTATION.— ‘‘(1) DELEGATION OF AUTHORITY.—The President may delegate any authority conferred upon the President in this subtitle to the Secretary of State. ‘‘(2) ESTABLISHMENT OF TERMS AND CONDITIONS.— Consistent with this subtitle, the President shall es- tablish the terms and conditions under which loans and credits may be reduced pursuant to subsection (a). ‘‘(3) IMPLEMENTATION.—In exercising the authority of subsection (a), the President— ‘‘(A) shall notify— ‘‘(i) the Department of State, with respect to obligations of the former Soviet Union under the Lend Lease Act of 1941 [former 22 U.S.C. 411 et seq.]; and ‘‘(ii) the Commodity Credit Corporation, with respect to obligations of the former Soviet Union under the Commodity Credit Corporation Act [15 U.S.C. 713a et seq.]; ‘‘(B) shall direct the cancellation of old obliga- tions and the substitution of new obligations con- sistent with the Russian Federation Nonprolifera- tion Investment Agreement; and ‘‘(C) shall direct the appropriate agency to make an adjustment in the relevant accounts to reflect the new debt treatment. ‘‘(4) DEPOSIT OF REPAYMENTS.—All repayments of outstanding loan amounts under subsection (a) that are not designated under a Russian Federation Non- proliferation Investment Agreement shall be depos- ited in the United States Government accounts estab- lished for repayments of the original obligations. ‘‘(5) NOT TREATED AS FOREIGN ASSISTANCE.—Any re- duction of Soviet-era debt pursuant to this subtitle shall not be considered assistance for the purposes of any provision of law limiting assistance to a country. ‘‘(c) AUTHORIZATION OF APPROPRIATION.— ‘‘(1) IN GENERAL.—For the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 [2 U.S.C. 661a(5)]) of modifying any Soviet-era debt obli- gation pursuant to subsection (a), there are author- ized to be appropriated to the President such sums as may be necessary. ‘‘(2) AVAILABILITY OF FUNDS.—Amounts appro- priated pursuant to paragraph (1) are authorized to remain available until expended. ‘‘SEC. 1315. RUSSIAN FEDERATION NONPROLIFERA- TION INVESTMENT AGREEMENT. ‘‘(a) IN GENERAL.— ‘‘(1) IN GENERAL.—The President is authorized to enter into an agreement with the Russian Federation under which an amount equal to the value of the debt reduced pursuant to section 1314 will be used to pro- mote the nonproliferation of weapons of mass de- struction and the means of delivering such weapons. An agreement entered into under this section may be referred to as the ‘Russian Federation Nonprolifera- tion Investment Agreement’. ‘‘(2) CONGRESSIONAL NOTIFICATION.—The President shall notify the appropriate congressional commit- tees at least 15 days in advance of the United States entering into a Russian Federation Nonproliferation Investment Agreement. Page 388 TITLE 50—WAR AND NATIONAL DEFENSE § 2357c ‘‘(b) CONTENT OF THE AGREEMENT.—The Russian Fed- eration Nonproliferation Investment Agreement shall ensure that— ‘‘(1) an amount equal to the value of the debt re- duced pursuant to this subtitle will be made available by the Russian Federation for agreed nonprolifera- tion programs and projects; ‘‘(2) each program or project funded pursuant to the Agreement will be approved by the President; ‘‘(3) the administration and oversight of non- proliferation programs and projects will incorporate best practices from established threat reduction and nonproliferation assistance programs; ‘‘(4) each program or project funded pursuant to the Agreement will be subject to monitoring and audits conducted by or for the United States Government to confirm that agreed funds are expended on agreed projects and meet agreed targets and benchmarks; ‘‘(5) unobligated funds for investments pursuant to the Agreement will not be diverted to other purposes; ‘‘(6) funds allocated to programs and projects pursu- ant to the Agreement will not be subject to any tax- ation by the Russian Federation; ‘‘(7) all matters relating to the intellectual prop- erty rights and legal liabilities of United States firms in any project will be agreed upon before the expendi- ture of funds would be authorized for that project; and ‘‘(8) not less than 75 percent of the funds made available for each nonproliferation program or project under the Agreement will be spent in the Rus- sian Federation. ‘‘(c) USE OF EXISTING MECHANISMS.—It is the sense of Congress that, to the extent practicable, the boards and administrative mechanisms of existing threat reduc- tion and nonproliferation programs should be used in the administration and oversight of programs and projects under the Agreement. ‘‘(d) JOINT AUDITING.—It is the sense of Congress that the United States and the Russian Federation should consider commissioning the United States Government Accountability Office and the Russian Chamber of Ac- counts to conduct joint audits to ensure that the funds saved by the Russian Federation as a result of any debt reduction are used exclusively, efficiently, and effec- tively to implement agreed programs or projects pursu- ant to the Agreement. ‘‘(e) STRUCTURE OF THE AGREEMENT.—It is the sense of Congress that the Agreement should provide for signifi- cant penalties— ‘‘(1) if funds obligated for approved programs or projects are determined to have been misappro- priated; and ‘‘(2) if the President is unable to make the certifi- cation required by section 1317(a) for two consecutive years. ‘‘SEC. 1316. INDEPENDENT MEDIA AND THE RULE OF LAW. ‘‘Notwithstanding section 1315 (a)(1) and (b)(1), up to 10 percent of the amount equal to the value of the debt reduced pursuant to this subtitle may be used to pro- mote a vibrant, independent media sector and the rule of law in the Russian Federation through an endow- ment to support the establishment of a ‘Center for an Independent Press and the Rule of Law’ in the Russian Federation, which shall be directed by a joint United States-Russian Board of Directors in which the major- ity of members, including the chairman, shall be United States personnel, and which shall be responsible for management of the endowment, its funds, and the Center’s programs. ‘‘SEC. 1317. RESTRICTION ON DEBT REDUCTION AU- THORITY. ‘‘(a) PROLIFERATION TO STATE SPONSORS OF TER- RORISM.—Subject to the provisions of subsection (c), the debt reduction authority provided by section 1314 may not be exercised unless and until the President certifies to the appropriate congressional committees that the Russian Federation has made material progress in stemming the flow of sensitive goods, tech- nologies, material, and know-how related to the design, development, and production of weapons of mass de- struction and the means to deliver them to state spon- sors of international terrorism. ‘‘(b) ANNUAL DETERMINATION.—If, in any annual re- port to Congress submitted pursuant to [former] sec- tion 1321, the President cannot certify that the Russian Federation continues to meet the condition required in subsection (a), then, subject to the provisions of sub- section (c), the debt reduction authority provided by section 1314 may not be exercised unless and until such certification is made to the appropriate congressional committees. ‘‘(c) PRESIDENTIAL WAIVER.—The President may waive the requirements of subsection (a) or (b) for a fis- cal year if the President— ‘‘(1) determines that application of the subsection for a fiscal year would be counter to the national in- terest of the United States; and ‘‘(2) so reports to the appropriate congressional committees. ‘‘SEC. 1318. DISCUSSION OF RUSSIAN FEDERATION DEBT REDUCTION FOR NONPROLIFERATION WITH OTHER CREDITOR STATES. ‘‘It is the sense of Congress that the President and such other appropriate officials as the President may designate should pursue discussions with other creditor states with the objectives of— ‘‘(1) ensuring that other advanced industrial democ- racies, especially the largest holders of Soviet-era Russian debt, dedicate significant proportions of their bilateral official debt with the Russian Federa- tion or equivalent amounts of direct assistance to the G–8 Global Partnership against the Spread of Weap- ons and Materials of Mass Destruction, as agreed upon in the Statement by G–8 Leaders on June 27, 2002; and ‘‘(2) reaching agreement, as appropriate, to estab- lish a unified Russian Federation official debt reduc- tion fund to manage and provide financial trans- parency for the resources provided by creditor states through debt reductions. ‘‘SEC. 1319. IMPLEMENTATION OF UNITED STATES POLICY. ‘‘It is the sense of Congress that implementation of debt-for-nonproliferation programs with the Russian Federation should be overseen by the coordinating mechanism established pursuant to section 1334 of this Act [50 U.S.C. 2357b]. ‘‘SEC. 1320. CONSULTATIONS WITH CONGRESS. ‘‘The President shall consult with the appropriate congressional committees on a periodic basis to review the implementation of this subtitle and the Russian Federation’s eligibility for debt reduction pursuant to this subtitle. ‘‘[SEC. 1321. Repealed. Pub. L. 112–74, div. I, title VII, § 7034(n), Dec. 23, 2011, 125 Stat. 1217.]’’ § 2357c. Purposes and authority (a) Purposes (1) In general The primary purpose of the coordination mechanism established pursuant to section 2357b of this title should be— (A) to exercise continuing responsibility for coordinating worldwide United States nonproliferation and threat reduction efforts to ensure that they effectively implement United States policy; and (B) to enhance the ability of participating departments and agencies to anticipate growing nonproliferation areas of concern. (2) Program monitoring and coordination The coordination mechanism established pursuant to section 2357b of this title should