50-U.S.C.-2568
§2568 – Authority to Use International Nuclear Materials Protection and Cooperation Program Funds Outside The Former Soviet Union
Pathway
Title 50 > Chapter 42 > Subchapter III > Section 2568
Details
- Reference: Section 2568
- Legend: §2568 – Authority to Use International Nuclear Materials Protection and Cooperation Program Funds Outside The Former Soviet Union
- USCode Year: 2012
Provision Content
(a) Authority
Subject to the provisions of this section, the President may obligate and expend international nuclear materials protection and cooperation program funds for a fiscal year, and any such funds for a fiscal year before such fiscal year that remain available for obligation, for a defense nuclear nonproliferation project or activity outside the states of the former Soviet Union that has not previously been authorized by Congress if the President 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 Energy 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) 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 President may not obligate funds for a project or activity under the authority in subsection (a) until the President 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) for a project or activity, the President 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), the exercise of the authority in subsection (a) 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 international nuclear materials protection and cooperation program funds or on international nuclear materials protection and cooperation program projects or activities.
(2) Any limitation on the obligation or expenditure of international nuclear materials protection and cooperation program funds.
(3) Any limitation on international nuclear materials protection and cooperation program projects or activities.
(e) Funds
As used in this section, the term international nuclear materials protection and cooperation program funds” means the funds appropriated pursuant to an authorization of appropriations for the International Nuclear Materials Protection and Cooperation Program.
(Pub. L. 108–136, div. C, title XXXI, §3124, Nov. 24, 2003, 117 Stat. 1747; Pub. L. 108–375, div. C, title XXXI, §3131, Oct. 28, 2004, 118 Stat. 2165.)
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2004, and not as part of the Atomic Energy Defense Act which comprises this chapter.
Amendments
2004—Subsec. (a). Pub. L. 108–375, §3131(a), inserted that has not previously been authorized by Congress” after states of the former Soviet Union”.
Subsec. (c). Pub. L. 108–375, §3131(b), redesignated subsec. (d) as (c) and struck out heading and text of former subsec. (c). Text read as follows: The amount that may be obligated in a fiscal year under the authority in subsection (a) may not exceed $50,000,000.”
Subsec. (d). Pub. L. 108–375, §3131(b)(2), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
Subsec. (e). Pub. L. 108–375, §3131(c), substituted the funds appropriated pursuant to an authorization of appropriations for the International Nuclear Materials Protection and Cooperation Program” for the funds appropriated pursuant to the authorization of appropriations in section 3101(a)(2) for such program”.
Pub. L. 108–375, §3131(b)(2), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).
Subsec. (f). Pub. L. 108–375, §3131(b)(2), redesignated subsec. (f) as (e).
U.S. Encyclopedia of Law Coverage
50-U.S.C.-2543 in the Legal Encyclopedia: National Defense
In this entry about 50-U.S.C.-2543, find legal reference material, bibliographies and premiere content related to national defense in the American Encyclopedia of Law, presenting a comprehensive view of the United States national defense-specific issues, written by authorities in the field.
50-U.S.C.-2567 in the Legal Encyclopedia: Nuclear Power
In this entry about 50-U.S.C.-2567, find legal reference material, bibliographies and premiere content related to nuclear power in the American Encyclopedia of Law, presenting a comprehensive view of the United States nuclear power-specific issues, written by authorities in the field.
50-U.S.C.-2532 in the Legal Encyclopedia: Atomic Energy Defense
In this entry about 50-U.S.C.-2532, find legal reference material, bibliographies and premiere content related to atomic energy defense in the American Encyclopedia of Law, presenting a comprehensive view of the United States atomic energy defense-specific issues, written by authorities in the field.
Leave a Reply