Title 50 — War and National Defense
Chapter 48 — Department of Defense Cooperative Threat Reduction
§ 3713. Authority for urgent threat reduction activities under Department of Defense Cooperative Threat Reduction Program
Statutory text
Limitation on use of funds for urgent threat reduction activities
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.
Secretary of Defense determination and notice for urgent threat reduction activities in governed areas
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—
the Secretary determines, in writing, that—
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;
certain provisions of law would unnecessarily impede the ability of the Secretary to carry out such covered activities to address such threat; and
it is necessary to obligate or expend such funds to carry out such covered activities;
the Secretary of State and the Secretary of Energy concur with such determination; and
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—
the determination under paragraph (1);
a description of the covered activities to be carried out using such funds;
the expected time frame for such activities; and
the expected cost of such activities.
Presidential determination and notice for urgent threat reduction activities in ungoverned areas
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—
the President determines, in writing, that—
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
it is necessary to obligate or expend such funds to carry out such covered activities to address such threat; and
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—
the determination under paragraph (1);
a description of the covered activities to be carried out using such funds;
the expected time frame for such activities; and
the expected cost of such activities.
Covered activity defined
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.
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.
Department of Defense Cooperative Threat Reduction Act
Pub. L. 113–291 div. A title XIII § 1323 · 128 Stat. 3292
Enacted · 50 U.S.C. § 3713
Pub. L. 113–291, div. A, title XIII, § 1323, Dec. 19, 2014, 128 Stat. 3598
Source evidence
Code source credit
Pub. L. 113–291, div. A, title XIII, § 1323, Dec. 19, 2014, 128 Stat. 3598Enacted provision · exact public law section
SEC. 1323. AUTHORITY FOR URGENT THREAT REDUCTION ACTIVITIES UNDER DEPARTMENT OF DEFENSE COOPERATIVE THREAT REDUCTION PROGRAM. (a) Limitation on Use of Funds for Urgent Threat Reduction Activities.— 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) Secretary of Defense Determination and Notice for Urgent Threat Reduction Activities in Governed Areas.— 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) at the time at 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) Presidential Determination and Notice for Urgent Threat Reduction Activities in Ungoverned Areas.— 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) Covered Activity Defined.— 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.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 div. A title XIII § 1302(b)(3) · 130 Stat. 2000
Substituted · 50 U.S.C. § 3713(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(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”.
2 of 2 references resolved to an enrolled provision
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.
Credits
2014–2016 · 2 acts
- 2014Pub. L. 113–291, div. A, title XIII, § 1323, , 128 Stat. 3598
- 2016Pub. L. 114–328, div. A, title XIII, § 1302(b)(3), , 130 Stat. 2566.
Show as published
(Pub. L. 113–291, div. A, title XIII, § 1323, , 128 Stat. 3598; Pub. L. 114–328, div. A, title XIII, § 1302(b)(3), , 130 Stat. 2566.)