Title 22Foreign Relations and IntercourseRelease 119-73not60

§5961a Requirement for On-site Managers

Title 22 › Chapter 68A— COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET UNION › § 5961a

Last updated Apr 5, 2026|Official source

Summary

Before spending any Defense Nuclear Nonproliferation money on certain big projects, the Secretary of Energy must pick one on-site manager who is a federal employee. This rule applies when the project is in a state of the former Soviet Union, involves dismantling, destruction, storage, or building a facility, and when the Department of Energy will put in more than $50,000,000. The on-site manager must work with the governments involved to make a short list of the steps essential to reach the project’s disarmament or nonproliferation goals, set a schedule, and meet with all participants to make sure the steps happen on time. If a non‑U.S. participant misses a scheduled step, the manager must suspend U.S. participation unless the Secretary orders otherwise; if the Secretary orders resumption, Congress must be told. One federal employee can manage more than one project, but if they do, the combined project cost in a fiscal year cannot exceed $150,000,000. Essential steps include getting required permits, confirming items are ready for dismantlement, and supplying required money, people, and transport. A “permit” means any local or national permit needed for construction, environment, land use, or development in that state. The rule took effect six months after November 24, 2003.

Full Legal Text

Title 22, §5961a

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Before obligating any defense nuclear nonproliferation funds for a project described in subsection (b), the Secretary of Energy shall appoint one on-site manager for that project. The manager shall be appointed from among employees of the Federal Government.
(b)Subsection (a) applies to a project—
(1)to be located in a state of the former Soviet Union;
(2)which involves dismantlement, destruction, or storage facilities, or construction of a facility; and
(3)with respect to which the total contribution by the Department of Energy is expected to exceed $50,000,000.
(c)The on-site manager appointed under subsection (a) shall—
(1)develop, in cooperation with representatives from governments of countries participating in the project, a list of those steps or activities critical to achieving the project’s disarmament or nonproliferation goals;
(2)establish a schedule for completing those steps or activities;
(3)meet with all participants to seek assurances that those steps or activities are being completed on schedule; and
(4)suspend United States participation in a project when a non-United States participant fails to complete a scheduled step or activity on time, unless directed by the Secretary of Energy to resume United States participation.
(d)(1)Subject to paragraph (2), an employee of the Federal Government may serve as on-site manager for more than one project, including projects at different locations.
(2)If such an employee serves as on-site manager for more than one project in a fiscal year, the total cost of the projects for that fiscal year may not exceed $150,000,000.
(e)Steps or activities referred to in subsection (c)(1) are those activities that, if not completed, will prevent a project from achieving its disarmament or nonproliferation goals, including, at a minimum, the following:
(1)Identification and acquisition of permits (as defined in subsection (g)).
(2)Verification that the items, substances, or capabilities to be dismantled, secured, or otherwise modified are available for dismantlement, securing, or modification.
(3)Timely provision of financial, personnel, management, transportation, and other resources.
(f)In any case in which the Secretary of Energy directs an on-site manager to resume United States participation in a project under subsection (c)(4), the Secretary shall concurrently notify Congress of such direction.
(g)In this section, the term “permit” means any local or national permit for development, general construction, environmental, land use, or other purposes that is required in the state of the former Soviet Union in which the project is being or is proposed to be carried out.
(h)This section shall take effect six months after November 24, 2003.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2004, and not as part of the Cooperative Threat Reduction Act of 1993 which comprises this chapter.

Reference

Citations & Metadata

Citation

22 U.S.C. § 5961a

Title 22Foreign Relations and Intercourse

Last Updated

Apr 5, 2026

Release point: 119-73not60