§3712 — Title 50 War and National Defense | U.S. Code

Summary

The Secretary of Defense may commit and spend Cooperative Threat Reduction funds for a project or activity that reduces proliferation risks if the Secretary of Defense and the Secretary of State agree that three things are true: the project will help stop a critical new proliferation threat or help reach long-standing nonproliferation goals; the project can be finished in not more than five years; and the Department of Defense is the best federal agency to carry out the work. At least 15 days before spending the money, the Secretary of Defense must send written notice to the congressional defense committees and the Secretary of State must notify the House Foreign Affairs Committee and the Senate Foreign Relations Committee. The notices must explain why the project meets the tests, describe its scope and length, and say whether other legal authorities could be used and why they were not used. For certain military-to-military and defense contacts under section 3711, the Secretary of State’s approval is needed only when foreign participants come from non-defense agencies. The requirement for the determination in the first paragraph does not apply to a state of the former Soviet Union.

Title 50, §3712

War and National Defense — Source: USLM XML via OLRC

(a)For purposes of the Program, the Secretary of Defense may obligate and expend Cooperative Threat Reduction funds for a fiscal year, and any Cooperative Threat Reduction funds for a prior fiscal year that remain available for obligation, for a proliferation threat reduction project or activity if the Secretary, with the concurrence of the Secretary of State, determines each of the following:

(1)That such project or activity will—

(A)assist the United States in the resolution of a critical emerging proliferation threat; or

(B)permit the United States to take advantage of opportunities to achieve long-standing nonproliferation goals.

(2)That such project or activity will be completed in a period not exceeding five years.

(3)That the Department of Defense is the entity of the Federal Government that is most capable of carrying out such project or activity.

(b)Not later than 15 days before the date on which the Secretary obligates funds under subsection (a) for a project or activity, the Secretary of Defense shall notify, in writing, the congressional defense committees and the Secretary of State shall notify, in writing, the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of the determinations made under such subsection with respect to such project or activity, together with—

(1)a justification for such determinations;

(2)a description of the scope and duration of such project or activity; and

(3)a discussion of—

(A)whether authorities other than the authority under this section are available to the Secretaries to perform such project or activity to meet the threats or goals identified under subsection (a)(1); and

(B)if such other authorities exist, why the Secretaries were not able to use such authorities for such project or activity.

(c)With respect to military-to-military and defense contacts carried out under subsection (a)(6) of section 3711 of this title, as further described in subsection (f) of such section, concurrence of the Secretary of State under subsection (a) is required only for participation in such contacts by personnel from non-defense agencies of foreign countries.

(d)The requirement for a determination under subsection (a) shall not apply to a state of the former Soviet Union.

Editorial Notes

Amendments

2016—Subsec. (b). Pub. L. 114–328 substituted “Not later than 15 days before the date on which” for “At the time at which” in introductory provisions and added par. (3).

§3712 Use of funds for certain emergent threats or opportunities

Summary

Title 50, §3712

Notes & Related Subsidiaries

Editorial Notes

Amendments

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