§3713 — Title 50 War and National Defense | U.S. Code

Summary

Limits how much Cooperative Threat Reduction money can be used on urgent threat work to 15 percent of the program’s funds in any fiscal year. For areas that have a government, the Secretary of Defense may commit or spend that money only if he writes that the threat from chemical, nuclear, or biological weapons is urgent, that some laws would block quick action, and that spending is needed. The Secretary of State and the Secretary of Energy must agree. At least seven days before the Defense Secretary first commits the funds, he and the Secretary of State must tell the congressional defense committees and the House Foreign Affairs and Senate Foreign Relations committees the written finding, a description of the work, its time frame, and its cost. For places without a working government (as the Secretary of State decides), the President may approve the spending after a written finding that the threat is urgent and the money is needed. When the President first commits the funds, the Defense Secretary, with the Secretary of State, must give the same written finding, description, time frame, and cost to those congressional committees. Covered activity means work under the program to stop the spread of chemical, nuclear, or biological weapons or related materials, technology, or expertise.

Title 50, §3713

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(a)Subject to subsections (b) and (c), not more than 15 percent of the total amount of Cooperative Threat Reduction funds for any fiscal year may be obligated or expended, notwithstanding any other provision of law, for covered activities.

(b)With respect to an area not covered by subsection (c), the Secretary of Defense may obligate or expend funds pursuant to subsection (a) for covered activities if—

(1)the Secretary determines, in writing, that—

(A)a threat arising in such area from the proliferation of chemical, nuclear, or biological weapons or weapons-related materials, technologies, or expertise must be addressed urgently;

(B)certain provisions of law would unnecessarily impede the ability of the Secretary to carry out such covered activities to address such threat; and

(C)it is necessary to obligate or expend such funds to carry out such covered activities;

(2)the Secretary of State and the Secretary of Energy concur with such determination; and

(3)not later than seven days before the date on which the Secretary of Defense first obligates such funds, the Secretary of Defense, in consultation with the Secretary of State, submits to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate—

(A)the determination under paragraph (1);

(B)a description of the covered activities to be carried out using such funds;

(C)the expected time frame for such activities; and

(D)the expected cost of such activities.

(c)With respect to an ungoverned area or an area that is not controlled by an effective governmental authority, as determined by the Secretary of State, the President may obligate or expend funds pursuant to subsection (a) for covered activities if—

(1)the President determines, in writing, that—

(A)a threat arising in such an area from the proliferation of chemical, nuclear, or biological weapons or weapons-related materials, technologies, or expertise must be addressed urgently; and

(B)it is necessary to obligate or expend such funds to carry out such covered activities to address such threat; and

(2)at the time at which the President first obligates such funds, the Secretary of Defense, in consultation with the Secretary of State, submits to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate—

(A)the determination under paragraph (1);

(B)a description of the covered activities to be carried out using such funds;

(C)the expected time frame for such activities; and

(D)the expected cost of such activities.

(d)In this section, the term “covered activity” means an activity under the Program to address a threat arising from the proliferation of chemical, nuclear, or biological weapons or weapons-related materials, technologies, or expertise.

Editorial Notes

Amendments

2016—Subsec. (b)(3). Pub. L. 114–328 substituted “not later than seven days before the date on which” for “at the time at which” in introductory provisions.

§3713 Authority for urgent threat reduction activities under Department of Defense Cooperative Threat Reduction Program

Summary

Title 50, §3713

Notes & Related Subsidiaries

Editorial Notes

Amendments

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