Page:United States Statutes at Large Volume 115 Part 2.djvu/271

 PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1255 (c) 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 2002 for a purpose Hsted in any of the paragraphs in subsection (a) in excess of the amount specifically authorized for such purpose. (2) An obligation of funds for a purpose stated in any of the paragraphs in subsection (a) in excess of the specific amount authorized for such purpose may be made using the authority provided in paragraph (1) only after— (A) the Secretary submits to Congress notification of the Notification, 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 notification. (3) The Secretary may not, under the authority provided in paragraph (1), obligate amounts for the purposes stated in paragraph (6), (7), or (11) of subsection (a) in excess of 115 percent of the amount specifically authorized for such purposes. (d) MODIFICATION OF AUTHORITY TO VARY INDIVIDUAL AMOUNTS OF FY 2001 FUNDS. —Section 1302(c)(3) 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-340) is amended by striking "(4),". SEC. 1303. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF REPORTS. Not more than 50 percent of fiscal year 2002 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 2001 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 multiyear plan required to be submitted for fiscal year 2001 under section 1308(h) of such Act. SEC. 1304. REQUIREMENT TO CONSIDER USE OF REVENUE GEN- 22 USC 5952 ERATED BY ACTIVITIES CARRIED OUT UNDER COOPERA- note. TIVE THREAT REDUCTION PROGRAMS. The Secretary of Defense shall consider the use of revenue generated by activities carried out under Cooperative Threat Reduction programs in negotiating and executing contracts with Russia to carry out such programs. SEC. 1305. PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING OF FISSILE MATERIAL STORAGE FACILITY. (a) PROHIBITION. — No fiscal year 2002 Cooperative Threat 22 USC 5952 Reduction funds and no funds authorized to be appropriated for note. Cooperative Threat Reduction programs for any prior fiscal year may be used for the construction of a second wing for a storage facility for Russian fissile material. (b) CONFORMING AMENDMENT. — Section 1304 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 to read as follows: 22 USC 5952 note.

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