Page:United States Statutes at Large Volume 117.djvu/1681

 117 STAT. 1662

PUBLIC LAW 108–136—NOV. 24, 2003 (1) Whether or not such facility will be used for its intended purpose by the government of the state of the former Soviet Union in which the facility is constructed. (2) Whether or not the government of such state remains committed to the use of such facility for its intended purpose. (3) Whether those actions needed to ensure security at the facility, including secure transportation of any materials, substances, or weapons to, from, or within the facility, have been taken. (b) APPLICABILITY.—Subsection (a) shall apply to— (1) any facility the construction of which commences on or after the date of the enactment of this Act; and (2) any facility the construction of which is ongoing as of that date.

22 USC 5963.

SEC. 1308. AUTHORITY TO USE COOPERATIVE THREAT REDUCTION FUNDS OUTSIDE THE FORMER SOVIET UNION.

(a) AUTHORITY.—Subject to the provisions of this section, the President may obligate and expend Cooperative Threat Reduction funds for a fiscal year, and any Cooperative Threat Reduction funds for a fiscal year before such fiscal year that remain available for obligation, for a proliferation threat reduction project or activity outside the states of the former Soviet Union if the President determines each of the following: (1) That such project or activity will— (A)(i) assist the United States in the resolution of a critical emerging proliferation threat; or (ii) permit the United States to take advantage of opportunities to achieve long-standing nonproliferation goals; and (B) be completed in a short period of time. (2) That the Department of Defense is the entity of the Federal Government that is most capable of carrying out such project or activity. (b) SCOPE OF AUTHORITY.—The authority in subsection (a) to obligate and expend funds for a project or activity includes authority to provide equipment, goods, and services for such project or activity utilizing such funds, but does not include authority to provide cash directly to such project or activity. (c) LIMITATION ON TOTAL AMOUNT OF OBLIGATION.—The amount that may be obligated in a fiscal year under the authority in subsection (a) may not exceed $50,000,000. (d) LIMITATION ON AVAILABILITY OF FUNDS.—(1) The President may not obligate funds for a project or activity under the authority in subsection (a) until the President makes each determination specified in that subsection with respect to such project or activity. (2) Not later than 10 days after obligating funds under the authority in subsection (a) for a project or activity, the President shall notify Congress in writing of the determinations made under paragraph (1) with respect to such project or activity, together with— (A) a justification for such determinations; and (B) a description of the scope and duration of such project or activity. (e) ADDITIONAL LIMITATIONS AND REQUIREMENTS.—Except as otherwise provided in subsections (a) and (b), the exercise of the

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