COOPERATIVE COUNTER PROLIFERATION PROGRAM.

SEC. 1306. COOPERATIVE COUNTER PROLIFERATION PROGRAM. (a) In General.— Of the amount authorized to be appropriated in section 1302 (other than the amounts authorized to be appropriated in subsections (a)(1) and (a)(2) of that section) and subject to the limitations in that section and subsection (b), the Secretary of Defense may provide a country of the former Soviet Union with emergency assistance for removing or obtaining from that country— (1) weapons of mass destruction; or (2) materials, equipment, or technology related to the development or delivery of weapons of mass destruction. (b) Certification Required.— (1) The Secretary may not provide assistance under subsection (a) until 15 days after the date that the Secretary submits to the congressional defense committees a certification in writing that the weapons, materials, equipment, or technology described in that subsection meet each of the following requirements: (A) The weapons, materials, equipment, or technology are at risk of being sold or otherwise transferred to a restricted foreign state or entity. (B) The transfer of the weapons, materials, equipment, or technology would pose a significant near—term threat to the national security interests of the United States or would significantly advance a foreign country’s weapon program that threatens the national security interests of the United States. (C) Other options for securing or otherwise preventing the transfer of the weapons, materials, equipment, or technology have been considered and rejected as ineffective or inadequate. (2) The 15—day notice requirement in paragraph (1) may be waived if the Secretary determines that compliance with the requirement would compromise the national security interests of the United States. In such case, the Secretary shall promptly notify the congressional defense committees of the circumstances regarding such determination in advance of providing assistance under subsection (a) and shall submit the certification required not later than 30 days after providing such assistance. 112 STAT. 2165 (c) Content of Certifications.— Each certification required under subsection (b) shall contain information on the following with respect to the assistance being provided: (1) The specific assistance provided and the purposes for which the assistance is being provided. (2) The sources of funds for the assistance. (3) Whether any assistance is being provided by any other Federal department or agency. (4) The options considered and rejected for preventing the transfer of the weapons, materials, equipment, or technology, as described in subsection (b)(1)(C). (5) Whether funding was requested by the Secretary from other Federal departments or agencies. (6) Any additional information that the Secretary determines is relevant to the assistance being provided. (d) Additional Sources of Funding.— The Secretary may request assistance and accept funds from other Federal departments or agencies in carrying out this section. (e) Definitions.— In this section: (1) The term “restricted foreign state or entity”, with respect to weapons, materials, equipment, or technology covered by a certification or notification of the Secretary of Defense under subsection (b), means— (A) any foreign country the government of which has repeatedly provided support for acts of international terrorism, as determined by the Secretary of State under section 620A of the Foreign Assistance Act of 1961 (22 U.S.C.2371); or (B) any foreign state or entity that the Secretary of Defense determines would constitute a military threat to the United States, its allies, or interests, if that foreign state or entity were to possess the weapons, materials, equipment, or technology. (2) The term “weapons of mass destruction” has the meaning given that term in section 1403(1) of the Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of Public Law 104–201; 50 U.S.C. 2302(1)).