Us Code § 3712 - Use of funds for certain emergent threats or opportunities
Full text of Us Code United States Code § 3712 — Use of funds for certain emergent threats or opportunities, with citation guidance and answers to common questions.
§ 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 obligation, for a proliferation threat reduction project or activity if the Secretary, with the concurrence of the Secretary of State, determines each of the following:
(1) That such project or activity will—
(A) assist the United States in the resolution of a critical emerging proliferation threat; or
(B) permit the United States to take advantage of opportunities to achieve long-standing nonproliferation goals.
(2) That such project or activity will be completed 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 activity.
(b) Congressional notification
Not later than 15 days before the date on which the Secretary obligates funds under subsection (a) for a project or activity, the Secretary of Defense shall notify, in writing, the congressional defense committees and the Secretary of State shall notify, in writing, the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations 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 authority under this section are available to the Secretaries to perform such project or activity to meet the threats or goals identified under subsection (a)(1); and
(B) if such other authorities exist, why the Secretaries were not able to use such authorities for such project or activity.
(c) Non-defense agency partner-nation contacts
With respect to military-to-military and defense contacts carried out under subsection (a)(6) of section 3711 of this title, as further described in subsection (f) of such section, concurrence 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 determinations
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).
About This Section
50 U.S.C. § 3712 is part of Title 50 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 50 U.S.C. § 3712. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
How to Read This Statute
Statutes are organized by title, chapter, section, and subsection. Pay attention to words like "shall," "may," "and," and "or," because they determine whether a requirement is mandatory or permissive and whether multiple conditions must all be met. Historical notes and amendments often appear at the end of a section.
Using This Page
This page is intended for research and educational use. Lawyers, students, journalists, and compliance professionals can use it as a starting point, but should always verify the current text through an official government source before relying on it for legal advice, filings, or compliance decisions.