Page:United States Statutes at Large Volume 116 Part 4.djvu/245

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PUBLIC LAW 107-314—DEC. 2, 2002 116 STAT. 2673 (b) EFFECTIVE DATE.—Paragraphs (6) and (7) of section 1308(c) Appiicabmty. of such Act, as added by subsection (a), shall apply beginning 22 USC 5959 with the report submitted under that section in 2004. 22*USC 5952 SEC. 1305. PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING note. OF FISSILE MATERIAL STORAGE FACILITY. No funds authorized to be appropriated for Cooperative Threat Reduction programs for any fiscal year may be used for the design, planning, or construction of a second wing for a storage facility for Russian fissile material. SEC. 1306. LIMITED WAIVER OF RESTRICTIONS ON USE OF FUNDS FOR THREAT REDUCTION IN STATES OF THE FORMER SOVIET UNION. (a) AUTHORITY TO WAIVE RESTRICTIONS AND ELIGIBILITY 22 USC 5952 REQUIREMENTS.— If the President submits the certification and note. report described in subsection (b) with respect to an independent state of the former Soviet Union for a fiscal year— (1) the restrictions in subsection (d) of section 1203 of the Cooperative Threat Reduction Act of 1993 (22 U.S.C. 5952) shall cease to apply, and funds may be obligated and expended under that section for assistance, to that state during that fiscal year; and (2) funds may be obligated and expended during that fiscal year under section 502 of the FREEDOM Support Act (22 U.S.C. 5852) for assistance or other programs and activities for that state even if that state has not met one or more of the requirements for eligibility under paragraphs (1) through (4) of that section. (b) CERTIFICATION AND REPORT.— (1) The certification and report referred to in subsection (a) are a written certification submitted by the President to Congress that the waiver of the restrictions and requirements described in paragraphs (1) and (2) of that subsection during such fiscal year is important to the national security interests of the United States, together with a report containing the following: (A) A description of the activity or activities that prevent the President from certifying that the state is committed to the matters set forth in the provisions of law specified in paragraphs (1) and (2) of subsection (a) in such fiscal year. (B) An explanation of why the waiver is important to the national security interests of the United States. (C) A description of the strategy, plan, or policy of the President for promoting the commitment of the state to, and compliance by the state with, such matters, notwithstanding the waiver. (2) The matter included in the report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (c) FISCAL YEARS COVERED. — The authority under subsection (a) shall apply only with respect to fiscal years 2003, 2004, and 2005. (d) EXPIRATION OF AUTHORITY.—The authority under subsection (a) shall expire on September 30, 2005. (e) ADMINISTRATION OF RESTRICTIONS ON ASSISTANCE.— Subsection (d) of section 1203 of the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-160; 107 Stat. 1778; 22 U.S.C. 5952) is amended—