§ 3712. Use of funds for certain emergent threats or opportunities

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 § 1322 · 128 Stat. 3292

   Enacted · 50 U.S.C. § 3712

   Pub. L. 113–291, div. A, title XIII, § 1322, Dec. 19, 2014, 128 Stat. 3597

   Source evidence

   Code source credit
   Pub. L. 113–291, div. A, title XIII, § 1322, Dec. 19, 2014, 128 Stat. 3597

   Enacted provision · exact public law section
   SEC. 1322. USE OF FUNDS FOR CERTAIN EMERGENT THREATS OR OPPORTUNITIES. (a) Authority.— 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) Congressional Notification.— At the time at 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; and (2) a description of the scope and duration of such project or activity. (c) Non-Defense Agency Partner-Nation Contacts.— With respect to military-to-military and defense contacts carried out under subsection (a)(6) of section 1321, 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) Exception to Requirement for Certain Determinations.— The requirement for a determination under subsection (a) shall not apply to a state of the former Soviet Union.

2. 2016

   National Defense Authorization Act for Fiscal Year 2017

   Pub. L. 114–328 div. A title XIII § 1302(b)(2) · 130 Stat. 2000

   1. Substituted · 50 U.S.C. § 3712(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

   2. Added · 50 U.S.C. § 3712(b)

      Pub. L. 114–328 added par. (3)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (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 of 3 references resolved to an enrolled provision