2011 US Code
Title 22 - Foreign Relations and Intercourse
Chapter 68A - COOPERATIVE THREAT REDUCTION WITH STATES OF FORMER SOVIET UNION (§§ 5951 - 5965)
Section 5963 - Authority to use Cooperative Threat Reduction funds outside the former Soviet Union

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.

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.

(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.

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.)

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.

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).