22-U.S.C.-5963
§5963 – Authority to Use Cooperative Threat Reduction Funds Outside The Former Soviet Union
Pathway
Title 22 > Chapter 68A > Section 5963
Details
- Reference: Section 5963
- Legend: §5963 – Authority to Use Cooperative Threat Reduction Funds Outside The Former Soviet Union
- USCode Year: 2013
Provision Content
(a) Authority
Subject to the provisions of this section, the Secretary of Defense may obligate and expend Cooperative Threat Reduction funds for a fiscal year, and any Cooperative Threat Reduction funds for a fiscal year before such fiscal year that remain available for obligation, for a proliferation threat reduction project or activity outside the states of the former Soviet Union if the Secretary of Defense, with the concurrence of the Secretary of State, determines each of the following:
(1) That such project or activity will—
(A)(i) assist the United States in the resolution of a critical emerging proliferation threat; or
(ii) permit the United States to take advantage of opportunities to achieve long-standing nonproliferation goals; and
(B) be completed in a short period of time.
(2) That the Department of Defense is the entity of the Federal Government that is most capable of carrying out such project or activity.
(b) Scope of authority
The authority in subsection (a) of this section to obligate and expend funds for a project or activity includes authority to provide equipment, goods, and services for such project or activity utilizing such funds, but does not include authority to provide cash directly to such project or activity.
(c) Limitation on availability of funds
(1) The Secretary of Defense may not obligate funds for a project or activity under the authority in subsection (a) of this section until the Secretary of Defense, with the concurrence of the Secretary of State, makes each determination specified in that subsection with respect to such project or activity.
(2) Not later than 10 days after obligating funds under the authority in subsection (a) of this section for a project or activity, the Secretary of Defense and the Secretary of State shall notify Congress in writing of the determinations made under paragraph (1) with respect to such project or activity, together with—
(A) a justification for such determinations; and
(B) a description of the scope and duration of such project or activity.
(d) Additional limitations and requirements
Except as otherwise provided in subsections (a) and (b) of this section, the exercise of the authority in subsection (a) of this section shall be subject to any requirement or limitation under another provision of law as follows:
(1) Any requirement for prior notice or other reports to Congress on the use of Cooperative Threat Reduction funds or on Cooperative Threat Reduction projects or activities.
(2) Any limitation on the obligation or expenditure of Cooperative Threat Reduction funds.
(3) Any limitation on Cooperative Threat Reduction projects or activities.
(Pub. L. 108–136, div. A, title XIII, §1308, Nov. 24, 2003, 117 Stat. 1662; Pub. L. 110–53, title XVIII, §1811(4), Aug. 3, 2007, 121 Stat. 493; Pub. L. 110–181, div. A, title XIII, §1305, Jan. 28, 2008, 122 Stat. 413.)
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.
Amendments
2008—Subsec. (a). Pub. L. 110–181, §1305(1), substituted Subject to the provisions of this section, the Secretary of Defense may obligate and expend Cooperative Threat Reduction funds for a fiscal year, and any Cooperative Threat Reduction funds for a fiscal year before such fiscal year that remain available for obligation, for a proliferation threat reduction project or activity outside the states of the former Soviet Union if the Secretary of Defense, with the concurrence of the Secretary of State, determines each of the following: for Subject to the provisions of this section, the Secretary of Defense may obligate and expend Cooperative Threat Reduction funds for a fiscal year, and any Cooperative Threat Reduction funds for a fiscal year before such fiscal year that remain available for obligation, for a proliferation threat reduction project or activity outside the states of the former Soviet Union if the Secretary of Defense, with the concurrence of the Secretary of State, determines each of the following:.
Subsec. (c). Pub. L. 110–181, §1305(3), amended subsec. (c) generally. Prior to amendment, subsec. (c) required the Secretary of Defense, with the concurrence of the Secretary of State, to make certain determinations before obligating funds under subsec. (a).
Pub. L. 110–181, §1305(2), redesignated subsec. (d) as (c) and struck out former subsec. (c). Prior to amendment, text read as follows: The amount that may be obligated in a fiscal year under the authority in subsection (a) of this section may not exceed $50,000,000.
Subsecs. (d), (e). Pub. L. 110–181, §1305(2), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
2007—Subsec. (a). Pub. L. 110–53, §1811(4)(A), in introductory provisions, substituted the Secretary of Defense may for the President may and if the Secretary of Defense, with the concurrence of the Secretary of State, for if the President.
Subsec. (d)(1). Pub. L. 110–53, §1811(4)(B), substituted The Secretary of Defense may not for The President may not and until the Secretary of Defense, with the concurrence of the Secretary of State, for until the President.
Subsec. (d)(2). Pub. L. 110–53, §1811(4)(C), in introductory provisions, substituted Not later than 15 days prior to for Not later than 10 days after and the Secretary of Defense shall notify the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate for the President shall notify Congress.
Subsec. (d)(3). Pub. L. 110–53, §1811(4)(D), added par. (3).
U.S. Encyclopedia of Law Coverage
Subchapter III – Reporting Requirements in the Legal Encyclopedia: Foreign Relations
In this entry about Subchapter III – Reporting Requirements, find legal reference material, bibliographies and premiere content related to foreign relations in the American Encyclopedia of Law, presenting a comprehensive view of the United States foreign relations-specific issues, written by authorities in the field.
22-U.S.C.-5959 in the Legal Encyclopedia: Russia
In this entry about 22-U.S.C.-5959, find legal reference material, bibliographies and premiere content related to russia in the American Encyclopedia of Law, presenting a comprehensive view of the United States russia-specific issues, written by authorities in the field.
22-U.S.C.-5957 in the Legal Encyclopedia: Europe
In this entry about 22-U.S.C.-5957, find legal reference material, bibliographies and premiere content related to europe in the American Encyclopedia of Law, presenting a comprehensive view of the United States europe-specific issues, written by authorities in the field.
Leave a Reply