50 U.S.C. § 3714: Use of funds for unspecified…

Summary

The Secretary of Defense may use Cooperative Threat Reduction (CTR) money for purposes not listed in a law that authorized the money for a fiscal year, as long as that law is not an appropriations law. Before doing that, the Secretary must decide it is needed for the national interest, tell the defense committees in Congress about the plan and why it is needed (including how much will be used), and wait 15 days after sending that notice. This power cannot be used to do anything that another law, including section 3731, specifically forbids. The same steps apply if the Secretary wants to spend more than the specific amount a non-appropriations law authorized for a CTR purpose: make the national-interest finding, notify and explain to the congressional defense committees (including the extra amount), and wait 15 days.

Title 50, §3714

War and National Defense, Source: USLM XML via OLRC

(a)Notice to Congress of intent to use funds for unspecified purposes

(1)Report

For any fiscal year for which Cooperative Threat Reduction funds are specifically authorized in an Act other than an appropriations Act for specific purposes within the Program, the Secretary of Defense may obligate or expend such funds, or other funds otherwise made available for the Program for that fiscal year, for purposes other than such specified purposes if—

(A)the Secretary determines that such obligation or expenditure is necessary in the national interests of the United States;

(B)the Secretary submits to the congressional defense committees—

(i)notification of the intent of the Secretary to make such an obligation or expenditure of funds; and

(ii)a complete discussion of the purpose and justification for such obligation or expenditure, including the amount of funds to be obligated or expended; and

(C)a period of 15 days has elapsed following the date on which the Secretary submits the notification and discussion under subparagraph (B).

(2)Construction with other laws

Paragraph (1) may not be construed to authorize the obligation or expenditure of Cooperative Threat Reduction Program funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under section 3731 of this title or any other provision of law.

(b)Limited authority to vary individual amounts provided for any fiscal year for specified purposes

For any fiscal year for which Cooperative Threat Reduction funds are specifically authorized in an Act other than an appropriations Act for specific purposes within the Program, the Secretary may obligate or expend such funds, or other funds otherwise made available for the Program for that fiscal year, in excess of the specific amount so authorized for that purpose if—

(1)the Secretary determines that such obligation or expenditure is necessary in the national interests of the United States;

(2)the Secretary submits to the congressional defense committees—

(A)notification of the intent of the Secretary to make such an obligation or expenditure of funds in excess of such authorized amount; and

(B)a complete discussion of the justification for exceeding such specified amounts, including the amount by which the Secretary will exceed such specified amounts; and

(3)a period of 15 days has elapsed following the date on which the Secretary submits the notification and discussion under paragraph (2).

Editorial Notes

Amendments

2017—Subsecs. (a)(1)(C), (b)(3). Pub. L. 115–91 substituted “15 days” for “45 days”. 2016—Subsecs. (a)(1)(C), (b)(3). Pub. L. 114–328 substituted “45 days” for “15 days”.

§3714 Use of Funds for Unspecified Purposes or for Increased Amounts

Summary

Title 50, §3714

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata