50 U.S.C. § 3713 — Authority for urgent threat reduction ac-

Page 939 TITLE 50—WAR AND NATIONAL DEFENSE § 3713 (2) That such project or activity will be com- pleted 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 activ- ity. (b) Congressional notification Not later than 15 days before the date on which the Secretary obligates funds under sub- section (a) for a project or activity, the Sec- retary of Defense shall notify, in writing, the congressional defense committees and the Sec- retary of State shall notify, in writing, the Com- mittee on Foreign Affairs of the House of Rep- resentatives and the Committee on Foreign Re- lations 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; (2) a description of the scope and duration of such project or activity; and (3) a discussion of— (A) whether authorities other than the au- thority under this section are available to the Secretaries to perform such project or activity to meet the threats or goals identi- fied under subsection (a)(1); and (B) if such other authorities exist, why the Secretaries were not able to use such au- thorities for such project or activity. (c) Non-defense agency partner-nation contacts With respect to military-to-military and de- fense contacts carried out under subsection (a)(6) of section 3711 of this title, as further de- scribed in subsection (f) of such section, concur- rence 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 deter- minations The requirement for a determination under subsection (a) shall not apply to a state of the former Soviet Union. (Pub. L. 113–291, div. A, title XIII, § 1322, Dec. 19, 2014, 128 Stat. 3597; Pub. L. 114–328, div. A, title XIII, § 1302(b)(2), Dec. 23, 2016, 130 Stat. 2566.) Editorial Notes AMENDMENTS 2016—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). § 3713. Authority for urgent threat reduction ac- tivities under Department of Defense Coop- erative 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 Coopera- tive Threat Reduction funds for any fiscal year may be obligated or expended, notwithstanding any other provision of law, for covered activi- ties. (b) Secretary of Defense determination and no- tice for urgent threat reduction activities in governed areas With respect to an area not covered by sub- section (c), the Secretary of Defense may obli- gate 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 bio- logical weapons or weapons-related mate- rials, technologies, or expertise must be ad- dressed urgently; (B) certain provisions of law would unnec- essarily impede the ability of the Secretary to carry out such covered activities to ad- dress such threat; and (C) it is necessary to obligate or expend such funds to carry out such covered activi- ties; (2) the Secretary of State and the Secretary of Energy concur with such determination; and (3) not later than seven days before the date on which the Secretary of Defense first obli- gates such funds, the Secretary of Defense, in consultation with the Secretary of State, sub- mits 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 ac- tivities; and (D) the expected cost of such activities. (c) Presidential determination and notice for ur- gent threat reduction activities in ungoverned areas With respect to an ungoverned area or an area that is not controlled by an effective govern- mental authority, as determined by the Sec- retary of State, the President may obligate or expend funds pursuant to subsection (a) for cov- ered activities if— (1) the President determines, in writing, that— (A) a threat arising in such an area from the proliferation of chemical, nuclear, or bi- ological weapons or weapons-related mate- rials, technologies, or expertise must be ad- dressed urgently; and (B) it is necessary to obligate or expend such funds to carry out such covered activi- ties 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 commit- tees, 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 ac- tivities; and Page 940 TITLE 50—WAR AND NATIONAL DEFENSE § 3714 (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 chem- ical, nuclear, or biological weapons or weapons- related materials, technologies, or expertise. (Pub. L. 113–291, div. A, title XIII, § 1323, Dec. 19, 2014, 128 Stat. 3598; Pub. L. 114–328, div. A, title XIII, § 1302(b)(3), Dec. 23, 2016, 130 Stat. 2566.) 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. § 3714. Use of funds for unspecified purposes or for increased amounts (a) Notice to Congress of intent to use funds for unspecified purposes (1) Report For any fiscal year for which Cooperative Threat Reduction funds are specifically au- thorized in an Act other than an appropria- tions Act for specific purposes within the Pro- gram, the Secretary of Defense may obligate or expend such funds, or other funds otherwise made available for the Program for that fiscal year, for purposes other than such specified purposes if— (A) the Secretary determines that such ob- ligation or expenditure is necessary in the national interests of the United States; (B) the Secretary submits to the congres- sional defense committees— (i) notification of the intent of the Sec- retary to make such an obligation or ex- penditure of funds; and (ii) a complete discussion of the purpose and justification for such obligation or ex- penditure, including the amount of funds to be obligated or expended; and (C) a period of 15 days has elapsed fol- lowing the date on which the Secretary sub- mits the notification and discussion under subparagraph (B). (2) Construction with other laws Paragraph (1) may not be construed to au- thorize the obligation or expenditure of Coop- erative Threat Reduction Program funds for a purpose for which the obligation or expendi- ture of such funds is specifically prohibited under section 3731 of this title or any other provision of law. (b) Limited authority to vary individual amounts provided for any fiscal year for specified purposes For any fiscal year for which Cooperative Threat Reduction funds are specifically author- ized in an Act other than an appropriations Act for specific purposes within the Program, the Secretary may obligate or expend such funds, or other funds otherwise made available for the Program for that fiscal year, in excess of the specific amount so authorized for that purpose if— (1) the Secretary determines that such obli- gation or expenditure is necessary in the na- tional interests of the United States; (2) the Secretary submits to the congres- sional defense committees— (A) notification of the intent of the Sec- retary to make such an obligation or ex- penditure of funds in excess of such author- ized amount; and (B) a complete discussion of the justifica- tion for exceeding such specified amounts, including the amount by which the Sec- retary will exceed such specified amounts; and (3) a period of 15 days has elapsed following the date on which the Secretary submits the notification and discussion under paragraph (2). (Pub. L. 113–291, div. A, title XIII, § 1324, Dec. 19, 2014, 128 Stat. 3599; Pub. L. 114–328, div. A, title XIII, § 1302(b)(4), Dec. 23, 2016, 130 Stat. 2566; Pub. L. 115–91, div. A, title XIII, § 1302(b)(2), Dec. 12, 2017, 131 Stat. 1705.) Editorial Notes AMENDMENTS 2017—Subsecs. (a)(1)(C), (b)(3). Pub. L. 115–91 sub- stituted ‘‘15 days’’ for ‘‘45 days’’. 2016—Subsecs. (a)(1)(C), (b)(3). Pub. L. 114–328 sub- stituted ‘‘45 days’’ for ‘‘15 days’’. § 3715. Use of contributions to Department of De- fense Cooperative Threat Reduction Pro- gram (a) Authority to enter into agreements (1) Authority Subject to paragraph (2), the Secretary of Defense may enter into one or more agree- ments with any person (including a foreign government, international organization, mul- tinational entity, or any other entity) that the Secretary considers appropriate under which the person contributes funds for activi- ties conducted under the Program. (2) Concurrence by Secretary of State The Secretary may enter into an agreement under paragraph (1) only with the concurrence of the Secretary of State. (b) Retention and use of funds Notwithstanding section 3302 of title 31 and subject to subsections (c) and (d), the Secretary of Defense may retain and obligate or expend funds contributed pursuant to subsection (a) for purposes of the Program. Funds so contributed shall be retained in a separate fund established in the Treasury for such purposes and shall be available to be obligated or expended without further appropriation. (c) Return of funds not obligated or expended within three years If the Secretary does not obligate or expend funds contributed pursuant to subsection (a) by the date that is three years after the date on which the contribution was made, the Secretary shall return the amount to the person who made the contribution.