§5961a — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The Secretary of Energy must pick one on-site manager, from federal employees, before using defense nuclear nonproliferation money on certain projects. This rule applies when the project is in a former Soviet Union country, deals with dismantling, destroying, storing, or building facilities, and the Department of Energy will put in more than $50,000,000. The on-site manager must work with project countries to make a short list of the steps that are essential to meet the project’s nonproliferation or disarmament goals, set deadlines for those steps, and check with all partners that work is on schedule. If a non-U.S. partner misses a required step, the manager must suspend U.S. participation unless the Secretary of Energy says to continue; if the Secretary orders continuation, Congress must be told. One manager can cover more than one project, but if they do so in a single fiscal year, the combined cost of those projects cannot be more than $150,000,000. Essential steps include getting required permits, confirming items are ready for dismantling, and making sure funds, people, and transport are provided. A “permit” means any local or national development, construction, environmental, land-use, or similar approval needed in the host country. The rule took effect six months after November 24, 2003.

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.

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.

§5961a Requirement for on-site managers

Summary

Title 22, §5961a

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Editorial Notes

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