§ 3711. Authority to carry out Department of Defense Cooperative Threat Reduction Program

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2014

   Department of Defense Cooperative Threat Reduction Act

   Pub. L. 113–291 div. A title XIII § 1321 · 128 Stat. 3292

   Enacted · 50 U.S.C. § 3711

   Pub. L. 113–291, div. A, title XIII, § 1321, Dec. 19, 2014, 128 Stat. 3595

   Source evidence

   Code source credit
   Pub. L. 113–291, div. A, title XIII, § 1321, Dec. 19, 2014, 128 Stat. 3595

   Enacted provision · exact public law section
   SEC. 1321. AUTHORITY TO CARRY OUT DEPARTMENT OF DEFENSE COOPERATIVE THREAT REDUCTION PROGRAM. (a) Authority.— The Secretary of Defense may carry out a program, referred to as the “Department of Defense Cooperative Threat Reduction Program”, with respect to foreign countries to do the following: (1) Facilitate the elimination and the safe and secure transportation and storage of chemical, biological, or other weapons, weapons components, weapons-related materials, and associated delivery vehicles. (2) Facilitate— (A) the safe and secure transportation and storage of nuclear weapons, nuclear weapons-usable or high-threat radiological materials, nuclear weapons components, and associated delivery vehicles; and (B) the elimination of nuclear weapons, nuclear weapons components, and nuclear weapons delivery vehicles. (3) Prevent the proliferation of nuclear and chemical weapons, weapons components, and weapons-related materials, technology, and expertise. (4) Prevent the proliferation of biological weapons, weapons components, and weapons-related materials, technology, and expertise, which may include activities that facilitate detection and reporting of highly pathogenic diseases or other diseases that are associated with or that could be used as an early warning mechanism for disease outbreaks that could affect the Armed Forces of the United States or allies of the United States, regardless of whether such diseases are caused by biological weapons. (5) Prevent the proliferation of weapons of mass destruction-related materials, including materials, equipment, and technology that could be used for the design, development, production, or use of nuclear, chemical, and biological weapons and the means of delivery of such weapons. (6) Carry out military-to-military and defense contacts for advancing the mission of the Program, subject to subsection (f). (b) Concurrence of Secretary of State.— The authority under subsection (a) to carry out the Program is subject to any concurrence of the Secretary of State or other appropriate agency head required under section 1322 or 1323 (unless such concurrence is otherwise exempted pursuant to section 1352 with respect to activities or determinations carried out or made before the date of the enactment of this Act). (c) Scope of Authority.— The authority to carry out the Program in subsection (a) includes authority to provide equipment, goods, and services, but does not include authority to provide funds directly for a project or activity carried out under the Program. (d) Type of Program.— The Program carried out under subsection (a) may involve assistance in planning and in resolving technical problems associated with weapons destruction and proliferation. The Program may also involve the funding of critical short-term requirements relating to weapons destruction. (e) Reimbursement of Other Agencies.— The Secretary of Defense may reimburse heads of other departments and agencies of the Federal Government under this section for costs of the participation of the respective departments and agencies in the Program. (f) Military-to-Military and Defense Contacts.— The Secretary of Defense shall ensure that the military-to-military and defense contacts carried out under subsection (a)(6)— (1) are focused and expanded to support specific relationship-building opportunities, which could lead to the development of the Program in new geographic areas and achieve other benefits of the Program; (2) are directly administered as part of the Program; and (3) include cooperation and coordination with— (A) the unified combatant commands; and (B) the Department of State. (g) Prior Notice to Congress of Obligation of Funds.— (1) Annual requirement.— Not less than 15 days before any obligation of any Cooperative Threat Reduction funds, the Secretary of Defense shall submit to the congressional defense committees a report on that proposed obligation of such funds for that fiscal year. (2) Matters included.— Each report under paragraph (1) shall specify— (A) the activities and forms of assistance for which the Secretary plans to obligate funds; (B) the amount of the proposed obligation; and (C) the projected involvement (if any) of any other department or agency of the United States and of the private sector of the United States in the activities and forms of assistance for which the Secretary plans to obligate such funds. (3) Exception for notifications previously provided.— Paragraph (1) shall not apply with respect to a proposed obligation of Cooperative Threat Reduction funds that is covered by a notification previously submitted by the Secretary to the congressional defense committees that includes the matters described in subparagraphs (A) through (C) of paragraph (2).

2. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 div. A title XIII · 130 Stat. 2000

   1. Substituted · 50 U.S.C. § 3711(g)(1)

      Pub. L. 114–328, §§ 1302(b)(1), 1303(b)(1), in heading substituted “Reports requirement” for “Annual requirement”

   2. Substituted · 50 U.S.C. § 3711(g)(1)

      Pub. L. 114–328, §§ 1302(b)(1), 1303(b)(1), in heading substituted “45 days” for “15 days”

   3. Inserted · 50 U.S.C. § 3711(g)(1)

      Pub. L. 114–328, §§ 1302(b)(1), 1303(b)(1), in heading inserted “(or, in accordance with section 3735(b) of this title, the semiannual period covered by the report)” after “that fiscal year”

   Source evidence

   Code amendment note
   Subsec. (g)(1). Pub. L. 114–328, §§ 1302(b)(1), 1303(b)(1), in heading substituted “Reports requirement” for “Annual requirement” and in text substituted “45 days” for “15 days” and inserted “(or, in accordance with section 3735(b) of this title, the semiannual period covered by the report)” after “that fiscal year”.

   Enacted provision · exact public law
   TITLE XIII— COOPERATIVE THREAT REDUCTION Sec. 1301.  Specification of Cooperative Threat Reduction funds. Sec. 1302.  Funding allocations. Sec. 1303.  Limitation on availability of funds for Cooperative Threat Reduction in People’s Republic of China. SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION FUNDS. (a) Fiscal Year 2017 Cooperative Threat Reduction Funds Defined.— In this title, the term “fiscal year 2017 Cooperative Threat Reduction funds” means the funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711). (b) Availability of Funds.— Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2017, 2018, and 2019. SEC. 1302. FUNDING ALLOCATIONS. (a) In General.— Of the $325,604,000 authorized to be appropriated to the Department of Defense for fiscal year 2017 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the following amounts may be obligated for the purposes specified: (1) For strategic offensive arms elimination, $11,791,000. (2) For chemical weapons destruction, $2,942,000. (3) For global nuclear security, $16,899,000. (4) For cooperative biological engagement, $213,984,000. (5) For proliferation prevention, $50,709,000, of which— (A) $4,000,000 may be obligated for purposes relating to nuclear nonproliferation assisted or caused by additive manufacture technology (commonly referred to as “3D printing”); (B) $4,000,000 may be obligated for monitoring the “proliferation pathways” under the Joint Comprehensive Plan of Action; (C) $4,000,000 may be obligated for enhancing law enforcement cooperation and intelligence sharing; and (D) $4,000,000 may be obligated for the Proliferation Security Initiative under subtitle B of title XVIII of the Implementing Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 2911 et seq.). (6) For threat reduction engagement, $2,000,000. (7) For activities designated as Other Assessments/Administrative Costs, $27,279,000. (b) Modifications to Certain Requirements.— The Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3701 et seq.) is amended as follows: (1) Section 1321(g)(1) (50 U.S.C. 3711(g)(1)) is amended by striking “15 days” and inserting “45 days”. (2) Section 1322(b) (50 U.S.C. 3712(b)) is amended— (A) by striking “At the time at which” and inserting “Not later than 15 days before the date on which”; (B) in paragraph (1), by striking “; and” and inserting a semicolon; (C) in paragraph (2), by striking the period and inserting “; and”; and (D) by adding at the end the following new paragraph: “(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.” . (3) Section 1323(b)(3) (50 U.S.C. 3713(b)(3)) is amended by striking “at the time at which” and inserting “not later than seven days before the date on which”. (4) Section 1324 (50 U.S.C. 3714) is amended— (A) in subsection (a)(1)(C), by striking “15 days” and inserting “45 days”; and (B) in subsection (b)(3), by striking “15 days” and inserting “45 days”. (c) Joint Comprehensive Plan of Action Defined.— In this section, the term “Joint Comprehensive Plan of Action” means the Joint Comprehensive Plan of Action, signed at Vienna July 14, 2015, by Iran and by the People’s Republic of China, France, Germany, the Russian Federation, the United Kingdom, and the United States, with the High Representative of the European Union for Foreign Affairs and Security Policy, and all implementing materials and agreements related to the Joint Comprehensive Plan of Action, and transmitted by the President to Congress on July 19, 2015, pursuant to section 135(a) of the Atomic Energy Act of 1954, as amended by the Iran Nuclear Agreement Review Act of 2015 (Public Law 114–17; 129 Stat. 201). SEC. 1303. LIMITATION ON AVAILABILITY OF FUNDS FOR COOPERATIVE THREAT REDUCTION IN PEOPLE’S REPUBLIC OF CHINA. (a) In General.— The Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3701 et seq.) is amended by inserting after section 1334 the following new section: “SEC. 1335. LIMITATION ON AVAILABILITY OF FUNDS FOR COOPERATIVE THREAT REDUCTION ACTIVITIES IN PEOPLE’S REPUBLIC OF CHINA. “(a) Semiannual Installments.— In carrying out activities under the Program in the People’s Republic of China, the Secretary of Defense shall ensure that Cooperative Threat Reduction funds for such activities are obligated or expended in semiannual installments. “(b) Required Reports.— “(1) Additional information.— With respect to carrying out activities under the Program in the People’s Republic of China, the Secretary of Defense shall submit to the congressional defense committees the reports required by section 1321(g) on a semiannual basis by not later than 15 days before any obligation of Cooperative Threat Reduction funds for such activities during the covered semiannual period. In addition to the matters required by such section, each such report shall include, in coordination with the Secretary of State— “(A) whether China has taken material steps to— “(i) disrupt the proliferation activities of Li Fangwei (also known as Karl Lee, or any other alias known by the United States); and “(ii) arrest Li Fangwei pursuant the indictment charged in the United States District Court for the Southern District of New York on April 29, 2014; “(B) whether China has proliferated to any non-nuclear weapons state, or any nuclear weapons state in violation of the Treaty on the Non-Proliferation of Nuclear Weapons, any item that contributes to a ballistic missile or nuclear weapons delivery system; and “(C) the number, type, and summary of any demarches between the United States and China with respect to the matters described in subparagraphs (A) and (B). “(2) Additional submissions.— At the same time as the Secretary of Defense submits to the congressional defense committees the information described in subparagraphs (A), (B), and (C) of paragraph (1) as part of the reports required by section 1321(g), the Secretary shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate such information. “(3) Coverage.— With respect to the information described in subparagraphs (A), (B), and (C) of paragraph (1)— “(A) the first report described in such paragraph that is submitted after the date of the enactment of this section shall cover the preceding 12-month period before the date of such submission; and “(B) each subsequent report shall cover the semiannual period preceding the date of such submission. “(4) Form.— The information described in subparagraphs (A), (B), and (C) of paragraph (1) shall be submitted in unclassified form, but may include a classified annex.” . (b) Conforming Amendments.— Section 1321(g) of such Act (50 U.S.C. 3711(g)) is amended— (1) in paragraph (1)— (A) in the heading, by striking “Annual requirement” and inserting “Reports requirement”; and (B) by striking “that fiscal year” and inserting “that fiscal year (or, in accordance with section 1335(b), the semiannual period covered by the report)”; and (2) in paragraph (3), by striking “Paragraph (1)” and inserting “Except for Cooperative Threat Reduction funds subject to section 1335, paragraph (1)”.

3. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 § 1303(b)(2) · 130 Stat. 2000

   Substituted · 50 U.S.C. § 3711(g)(3)

   Pub. L. 114–328, § 1303(b)(2), substituted “Except for Cooperative Threat Reduction funds subject to section 3735 of this title, paragraph (1)” for “Paragraph (1)”

   Source evidence

   Code amendment note
   Subsec. (g)(3). Pub. L. 114–328, § 1303(b)(2), substituted “Except for Cooperative Threat Reduction funds subject to section 3735 of this title, paragraph (1)” for “Paragraph (1)”.

   Enacted provision · exact public law section
   (2) in paragraph (3), by striking “Paragraph (1)” and inserting “Except for Cooperative Threat Reduction funds subject to section 1335, paragraph (1)”.

4. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 div. A title XIII § 1302(b)(1) · 131 Stat. 1283

   Substituted · 50 U.S.C. § 3711(g)(1)

   Pub. L. 115–91 substituted “15 days” for “45 days”

   Source evidence

   Code amendment note
   Subsec. (g)(1). Pub. L. 115–91 substituted “15 days” for “45 days”.

   Enacted provision · exact public law section
   (1) Section 1321(g)(1) (50 U.S.C. 3711(g)(1)) is amended by striking “45 days” and inserting “15 days”.

3 of 6 references resolved to an enrolled provision · 3 partial