50 U.S.C. § 3711 — Authority to carry out Department of De-

Page 937 TITLE 50—WAR AND NATIONAL DEFENSE § 3711 the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a notification of the intelligence collection adjustment. (b) Definitions In this section: (1) Congressional intelligence committees The term ‘‘congressional intelligence com- mittees’’ has the meaning given that term in section 3003 of this title. (2) Intelligence collection adjustment The term ‘‘intelligence collection adjust- ment’’ includes a change by the United States Government to a policy on intelligence collec- tion or the prioritization thereof that results in a significant loss of intelligence. (Pub. L. 86–36, § 22, as added Pub. L. 118–31, div. G, title III, § 7351, Dec. 22, 2023, 137 Stat. 1064.) CHAPTER 48—DEPARTMENT OF DEFENSE COOPERATIVE THREAT REDUCTION Sec. 3701. Definitions. SUBCHAPTER I—PROGRAM AUTHORITIES 3711. Authority to carry out Department of De- fense Cooperative Threat Reduction Pro- gram. 3712. Use of funds for certain emergent threats or opportunities. 3713. Authority for urgent threat reduction activi- ties under Department of Defense Coopera- tive Threat Reduction Program. 3714. Use of funds for unspecified purposes or for increased amounts. 3715. Use of contributions to Department of De- fense Cooperative Threat Reduction Pro- gram. SUBCHAPTER II—RESTRICTIONS AND LIMITATIONS 3731. Prohibition on use of funds for specified pur- poses. 3732. Requirement for on-site managers. 3733. Limitation on use of funds until certain per- mits obtained. 3734. Limitation on availability of funds for Coop- erative Threat Reduction activities with Russian Federation. 3735. Limitation on availability of funds for Coop- erative Threat Reduction activities in Peo- ple’s Republic of China. SUBCHAPTER III—RECURRING CERTIFICATIONS AND REPORTS 3741, 3742. Repealed. 3743. Reports on activities and assistance under Department of Defense Cooperative Threat Reduction Program. 3744. Metrics for Department of Defense Coopera- tive Threat Reduction Program. SUBCHAPTER IV—TRANSITION PROVISIONS 3751. Transition provisions. § 3701. Definitions In this chapter: (1) The term ‘‘congressional defense commit- tees’’ has the meaning given that term in sec- tion 101(a)(16) of title 10. (2) The term ‘‘Cooperative Threat Reduction funds’’ means funds appropriated pursuant to an authorization of appropriations for the Pro- gram, or otherwise made available to the Pro- gram. (3) The term ‘‘Program’’ means the Coopera- tive Threat Reduction Program of the Depart- ment of Defense established under section 3711 of this title. (Pub. L. 113–291, div. A, title XIII, § 1312, Dec. 19, 2014, 128 Stat. 3595.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle B (§§ 1311–1352) of title XIII of div. A of Pub. L. 113–291, Dec. 19, 2014, 128 Stat. 3595, known as the Department of Defense Cooperative Threat Reduction Act, which is classified principally to this chapter. For complete classification of subtitle B to the Code, see Short Title note set out below and Ta- bles. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 113–291, div. A, title XIII, § 1311, Dec. 19, 2014, 128 Stat. 3595, provided that: ‘‘This subtitle [subtitle B (§§ 1311–1352) of title XIII of div. A of Pub. L. 113–291, en- acting this chapter, repealing sections 5902, 5921, 5952, 5953, 5955, 5957, 5959 to 5961, and 5962 to 5965 of Title 22, Foreign Relations and Intercourse, amending provi- sions set out as notes under sections 2551, 5952, and 5955 of Title 22, and repealing provisions set out as notes under section 2362 of this title and section 5952 of Title 22] may be cited as the ‘Department of Defense Cooper- ative Threat Reduction Act’.’’ SUBCHAPTER I—PROGRAM AUTHORITIES § 3711. Authority to carry out Department of De- fense Cooperative Threat Reduction Pro- gram (a) Authority The Secretary of Defense may carry out a pro- gram, referred to as the ‘‘Department of Defense Cooperative Threat Reduction Program’’, with respect to foreign countries to do the following: (1) Facilitate the elimination and the safe and secure transportation and storage of chemical, biological, or other weapons, weap- ons components, weapons-related materials, and associated delivery vehicles. (2) Facilitate— (A) the safe and secure transportation and storage of nuclear weapons, nuclear weap- ons-usable or high-threat radiological mate- rials, nuclear weapons components, and as- sociated delivery vehicles; and (B) the elimination of nuclear weapons, nuclear weapons components, and nuclear weapons delivery vehicles. (3) Prevent the proliferation of nuclear and chemical weapons, weapons components, and weapons-related materials, technology, and expertise. (4) Prevent the proliferation of biological weapons, weapons components, and weapons- related materials, technology, and expertise, which may include activities that facilitate detection and reporting of highly pathogenic diseases or other diseases that are associated with or that could be used as an early warning mechanism for disease outbreaks that could Page 938 TITLE 50—WAR AND NATIONAL DEFENSE § 3712 affect the Armed Forces of the United States or allies of the United States, regardless of whether such diseases are caused by biological weapons. (5) Prevent the proliferation of weapons of mass destruction-related materials, including materials, equipment, and technology that could be used for the design, development, pro- duction, or use of nuclear, chemical, and bio- logical weapons and the means of delivery of such weapons. (6) Carry out military-to-military and de- fense contacts for advancing the mission of the Program, subject to subsection (f). (b) Concurrence of Secretary of State The authority under subsection (a) to carry out the Program is subject to any concurrence of the Secretary of State or other appropriate agency head required under section 3712 or 3713 of this title (unless such concurrence is other- wise exempted pursuant to section 3751 of this title with respect to activities or determina- tions carried out or made before December 19, 2014). (c) Scope of authority The authority to carry out the Program in subsection (a) includes authority to provide equipment, goods, and services, but does not in- clude authority to provide funds directly for a project or activity carried out under the Pro- gram. (d) Type of program The Program carried out under subsection (a) may involve assistance in planning and in re- solving technical problems associated with weapons destruction and proliferation. The Pro- gram may also involve the funding of critical short-term requirements relating to weapons de- struction. (e) Reimbursement of other agencies The Secretary of Defense may reimburse heads of other departments and agencies of the Fed- eral Government under this section for costs of the participation of the respective departments and agencies in the Program. (f) Military-to-military and defense contacts The Secretary of Defense shall ensure that the military-to-military and defense contacts car- ried out under subsection (a)(6)— (1) are focused and expanded to support spe- cific relationship-building opportunities, which could lead to the development of the Program in new geographic areas and achieve other benefits of the Program; (2) are directly administered as part of the Program; and (3) include cooperation and coordination with— (A) the unified combatant commands; and (B) the Department of State. (g) Prior notice to Congress of obligation of funds (1) Reports requirement Not less than 15 days before any obligation of any Cooperative Threat Reduction funds, the Secretary of Defense shall submit to the congressional defense committees a report on that proposed obligation of such funds for that fiscal year (or, in accordance with section 3735(b) of this title, the semiannual period cov- ered by the report). (2) Matters included Each report under paragraph (1) shall speci- fy— (A) the activities and forms of assistance for which the Secretary plans to obligate funds; (B) the amount of the proposed obligation; and (C) the projected involvement (if any) of any other department or agency of the United States and of the private sector of the United States in the activities and forms of assistance for which the Secretary plans to obligate such funds. (3) Exception for notifications previously pro- vided Except for Cooperative Threat Reduction funds subject to section 3735 of this title, para- graph (1) shall not apply with respect to a pro- posed obligation of Cooperative Threat Reduc- tion funds that is covered by a notification previously submitted by the Secretary to the congressional defense committees that in- cludes the matters described in subparagraphs (A) through (C) of paragraph (2). (Pub. L. 113–291, div. A, title XIII, § 1321, Dec. 19, 2014, 128 Stat. 3595; Pub. L. 114–328, div. A, title XIII, §§ 1302(b)(1), 1303(b), Dec. 23, 2016, 130 Stat. 2566, 2568; Pub. L. 115–91, div. A, title XIII, § 1302(b)(1), Dec. 12, 2017, 131 Stat. 1705.) Editorial Notes AMENDMENTS 2017—Subsec. (g)(1). Pub. L. 115–91 substituted ‘‘15 days’’ for ‘‘45 days’’. 2016—Subsec. (g)(1). Pub. L. 114–328, §§ 1302(b)(1), 1303(b)(1), in heading substituted ‘‘Reports require- ment’’ for ‘‘Annual requirement’’ and in text sub- stituted ‘‘45 days’’ for ‘‘15 days’’ and inserted ‘‘(or, in accordance with section 3735(b) of this title, the semi- annual period covered by the report)’’ after ‘‘that fiscal year’’. Subsec. (g)(3). Pub. L. 114–328, § 1303(b)(2), substituted ‘‘Except for Cooperative Threat Reduction funds sub- ject to section 3735 of this title, paragraph (1)’’ for ‘‘Paragraph (1)’’. § 3712. 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 obli- gation, for a proliferation threat reduction project or activity if the Secretary, with the concurrence of the Secretary of State, deter- mines each of the following: (1) That such project or activity will— (A) assist the United States in the resolu- tion of a critical emerging proliferation threat; or (B) permit the United States to take ad- vantage of opportunities to achieve long- standing nonproliferation goals.