22 U.S.C. § 5961a: Requirement for on-site…

Summary

The Secretary of Energy must pick one federal on-site manager before spending any defense nuclear nonproliferation money on a project that (1) is in a state of the former Soviet Union, (2) involves dismantling, destruction, storage, or building of a facility, and (3) will get more than $50,000,000 from the Department of Energy. The manager must work with the other governments involved to list the key steps needed to meet the project’s nonproliferation or disarmament goals, set a timetable for those steps, check with all participants that the work is on schedule, and stop U.S. participation if another participant misses a scheduled step—unless the Secretary tells the manager to continue. One federal employee can manage more than one project, but if they do so in a fiscal year the total DOE cost for those projects cannot go over $150,000,000. Examples of key steps are getting required permits, making sure the items to be dismantled are available, and providing money, people, transport, and other resources on time. If the Secretary orders U.S. participation to resume after a suspension, the Secretary must notify Congress at the same time. The rule takes effect six months after November 24, 2003. Permits means any local or national development, construction, environmental, land-use, or similar permit required in the host state.

Title 22, §5961a

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)On-site manager requirement

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)Projects covered

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)Duties of on-site manager

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)Authority to manage more than one project

(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

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)Notification to Congress

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)Permit defined

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)Effective date

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

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata