dreamproit/uscode huggingface dataset:
50 U.S.C. § 2902 (WAR AND NATIONAL DEFENSE)
§ 2902. Definitions
In this chapter:
(1) The terms “prevention of weapons of mass destruction proliferation and terrorism” and “prevention of WMD proliferation and terrorism” include activities under—
(A) the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2731; 50 U.S.C. 2362 note); 1
(B) the programs for which appropriations are authorized by section 3101(a)(2) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2729);
(C) programs authorized by section 5854 of title 22 and programs authorized by section 5902 of title 22; and
(D) a program of any agency of the Federal Government having a purpose similar to that of any of the programs identified in subparagraphs (A) through (C), as designated by the United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism and the head of the agency.
(2) The terms “weapons of mass destruction” and “WMD” mean chemical, biological, and nuclear weapons, and chemical, biological, and nuclear materials used in the manufacture of such weapons.
(3) The term “items of proliferation concern” means—
(A) equipment, materials, or technology listed in—
(i) the Trigger List of the Guidelines for Nuclear Transfers of the Nuclear Suppliers Group;
(ii) the Annex of the Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Materials, Software, and Related Technology of the Nuclear Suppliers Group; or
(iii) any of the Common Control Lists of the Australia Group; and
(B) any other sensitive items.
(Pub. L. 110–53, title XVIII, § 1802, Aug. 3, 2007, 121 Stat. 491.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title XVIII of Pub. L. 110–53, which enacted this chapter, amended section 3021 of this title and sections 5952 and 5963 of Title 22, Foreign Relations and Intercourse, and amended provisions set out as notes under sections 2551 and 5952 of Title 22. For complete classification of title XVIII to the Code, see Tables.
Section 1501 of the National Defense Authorization Act for Fiscal Year 1997, referred to in par. (1)(A), was formerly set out as a note under section 2362 of this title, prior to repeal by Pub. L. 113–291, div. A, title XIII, § 1351(5), Dec. 19, 2014, 128 Stat. 3607.
Section 3101(a)(2) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314), referred to in par. (1)(B), is not classified to the Code.
50 U.S.C. § 3701 (WAR AND NATIONAL DEFENSE)
§ 3701. Definitions
In this chapter:
(1) The term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10.
(2) The term “Cooperative Threat Reduction funds” means funds appropriated pursuant to an authorization of appropriations for the Program, or otherwise made available to the Program.
(3) The term “Program” means the Cooperative Threat Reduction Program of the Department of Defense established under section 3711 of this title.
(Pub. L. 113–291, div. A, title XIII, § 1312, Dec. 19, 2014, 128 Stat. 3595.)
heading: References in Text
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 Tables.
heading: Short Title
text: 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, enacting 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 provisions 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 Cooperative Threat Reduction Act’.”
50 U.S.C. § 3712 (WAR AND NATIONAL DEFENSE)
§ 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
At the time at 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; and
(2) a description of the scope and duration of 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.)
50 U.S.C. § 3714 (WAR AND NATIONAL DEFENSE)
§ 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 authorized in an Act other than an appropriations Act for specific purposes within the Program, 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 obligation or expenditure is necessary in the national interests of the United States;
(B) the Secretary submits to the congressional defense committees—
(i) notification of the intent of the Secretary to make such an obligation or expenditure of funds; and
(ii) a complete discussion of the purpose and justification for such obligation or expenditure, including the amount of funds to be obligated or expended; and
(C) a period of 15 days has elapsed following the date on which the Secretary submits the notification and discussion under subparagraph (B).
(2) Construction with other laws
Paragraph (1) may not be construed to authorize the obligation or expenditure of Cooperative Threat Reduction Program funds for a purpose for which the obligation or expenditure 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 authorized 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 obligation or expenditure is necessary in the national interests of the United States;
(2) the Secretary submits to the congressional defense committees—
(A) notification of the intent of the Secretary to make such an obligation or expenditure of funds in excess of such authorized amount; and
(B) a complete discussion of the justification for exceeding such specified amounts, including the amount by which the Secretary 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.)
50 U.S.C. § 3731 (WAR AND NATIONAL DEFENSE)
§ 3731. Prohibition on use of funds for specified purposes
(a) In general
Cooperative Threat Reduction funds may not be obligated or expended for any of the following purposes:
(1) Conducting any peacekeeping exercise or other peacekeeping-related activity.
(2) Provision of housing.
(3) Provision of assistance to promote environmental restoration.
(4) Provision of assistance to promote job retraining.
(5) Provision of assistance to promote defense conversion.
(b) Limitation with respect to conventional weapons
Cooperative Threat Reduction funds may not be obligated or expended for the elimination of—
(1) conventional weapons; or
(2) delivery vehicles of conventional weapons, unless such delivery vehicles could reasonably be used or adapted to be used for the delivery of chemical, nuclear, or biological weapons.
(Pub. L. 113–291, div. A, title XIII, § 1331, Dec. 19, 2014, 128 Stat. 3601.)
50 U.S.C. § 3732 (WAR AND NATIONAL DEFENSE)
§ 3732. Requirement for on-site managers
(a) On-site manager requirement
Before obligating any Cooperative Threat Reduction funds for a project described in subsection (b), the Secretary of Defense shall appoint one on-site manager for that project. The manager shall be appointed from among employees of the Federal Government.
(b) Projects covered
Subsection (a) applies to a project—
(1) to be located in a state of the former Soviet Union;
(2) which involves dismantlement, destruction, or storage facilities, or construction of a facility; and
(3) with respect to which the total contribution by the Department of Defense is expected to exceed $50,000,000.
(c) Duties of on-site manager
The on-site manager appointed under subsection (a) shall—
(1) develop, in cooperation with representatives from governments of states participating in the project, a list of those steps or activities critical to achieving the disarmament or nonproliferation goals of the project;
(2) establish a schedule for completing those steps or activities;
(3) meet with all participants to seek assurances that those steps or activities are being completed on schedule; and
(4) suspend the participation of the United States in a project when a participant other than the United States fails to complete a scheduled step or activity on time, unless the Secretary of Defense directs the on-site manager to resume the participation of the United States.
(d) Authority to manage more than one project
(1) In general
Subject to paragraph (2), an employee of the Federal Government may serve as on-site manager for more than one project, including projects at different locations.
(2) Limitation
If such an employee serves as on-site manager for more than one project in a fiscal year, the total cost of the projects for that fiscal year may not exceed $150,000,000.
(e) Steps or activities
Steps or activities referred to in subsection (c)(1) are those steps or activities that, if not completed, will prevent a project from achieving its disarmament or nonproliferation goals, including, at a minimum, the following:
(1) Identification and acquisition of permits (as defined in section 3733 of this title).
(2) Verification that the items, substances, or capabilities to be dismantled, secured, or otherwise modified are available for dismantlement, securing, or modification.
(3) Timely provision of financial, personnel, management, transportation, and other resources.
(f) Notification to Congress
In any case in which the Secretary directs an on-site manager to resume the participation of the United States in a project under subsection (c)(4), the Secretary shall notify the congressional defense committees of such direction by not later than 30 days after the date of such direction.
(Pub. L. 113–291, div. A, title XIII, § 1332, Dec. 19, 2014, 128 Stat. 3601.)
50 U.S.C. § 3733 (WAR AND NATIONAL DEFENSE)
§ 3733. Limitation on use of funds until certain permits obtained
(a) In general
The Secretary of Defense shall seek to obtain all the permits required to complete each phase of construction of a project under the Program in a state of the former Soviet Union before obligating more than 40 percent of the total costs of that phase of the project.
(b) Use of funds for new construction projects
Except as provided in subsection (c), with respect to a new construction project to be carried out by the Program, not more than 40 percent of the total costs of the project may be obligated from Cooperative Threat Reduction funds for any fiscal year until the Secretary—
(1) determines the number and type of permits that may be required for the lifetime of the project in the proposed location or locations of the project; and
(2) obtains from the state in which the project is to be located any permits that may be required to begin construction.
(c) Exception to limitations on use of funds
The limitation in subsection (b) on the obligation of funds for a construction project otherwise covered by such subsection shall not apply with respect to the obligation of funds for a particular project if the Secretary—
(1) determines that it is necessary in the national interest to obligate funds for such project; and
(2) submits to the congressional defense committees a notification of the intent to obligate funds for such project, together with a complete discussion of the justification for doing so.
(d) Definitions
In this section, with respect to a project under the Program:
(1) The term “new construction project” means a construction project for which no funds have been obligated or expended as of November 24, 2003.
(2) The term “permit” means any local or national permit for development, general construction, environmental, land use, or other purposes that is required for purposes of major construction.
(Pub. L. 113–291, div. A, title XIII, § 1333, Dec. 19, 2014, 128 Stat. 3602.)
50 U.S.C. § 3741 (WAR AND NATIONAL DEFENSE)
§ 3741. Annual certifications on use of facilities being constructed for Department of Defense Cooperative Threat Reduction projects or activities
Not later than the first Monday in February each year, the Secretary of Defense shall submit to the congressional defense committees a certification for each facility of a project or activity of the Program for which construction occurred during the preceding fiscal year on matters as follows:
(1) Whether or not such facility will be used for its intended purpose by the government of the foreign country in which the facility is constructed.
(2) Whether or not the government of such country remains committed to the use of such facility for such purpose.
(3) Whether the actions needed to ensure security at the facility, including the secure transportation of any materials, substances, or weapons to, from, or within the facility, have been taken.
(Pub. L. 113–291, div. A, title XIII, § 1341, Dec. 19, 2014, 128 Stat. 3604.)
50 U.S.C. § 3742 (WAR AND NATIONAL DEFENSE)
§ 3742. Requirement to submit summary of amounts requested by project category
(a) Summary required
The Secretary of Defense shall submit to the congressional defense committees in the materials and manner specified in subsection (c)—
(1) a descriptive summary, with respect to the appropriations requested for the Program for the fiscal year after the fiscal year in which the summary is submitted, of the amounts requested for each project category under each program element; and
(2) a descriptive summary, with respect to appropriations for the Program for the fiscal year in which the list is submitted and the previous fiscal year, of the amounts obligated or expended, or planned to be obligated or expended, for each project category under each program element.
(b) Description of purpose and intent
The descriptive summary required under subsection (a) shall include a narrative description of each program and project category under each program element that explains the purpose and intent of the funds requested.
(c) Inclusion in certain materials submitted to Congress
The summary required to be submitted in a fiscal year under subsection (a) shall be set forth by project category, and by amounts specified in paragraphs (1) and (2) of such subsection in connection with such project category, in each of the following:
(1) The annual report on activities and assistance under the Program required in such fiscal year under section 3743 of this title.
(2) The budget justification materials submitted to Congress in support of the Department of Defense budget for the fiscal year succeeding such fiscal year (as submitted with the budget of the President under section 1105 of title 31).
(Pub. L. 113–291, div. A, title XIII, § 1342, Dec. 19, 2014, 128 Stat. 3604.)
50 U.S.C. § 3744 (WAR AND NATIONAL DEFENSE)
§ 3744. Metrics for Department of Defense Cooperative Threat Reduction Program
The Secretary of Defense shall implement metrics to measure the impact and effectiveness of activities of the Program to address threats arising from the proliferation of chemical, nuclear, and biological weapons and weapons-related materials, technologies, and expertise.
(Pub. L. 113–291, div. A, title XIII, § 1344, Dec. 19, 2014, 128 Stat. 3606.)
50 U.S.C. § 3751 (WAR AND NATIONAL DEFENSE)
§ 3751. Transition provisions
(a) Determinations relating to certain proliferation threat reduction projects and activities
Any determination made before December 19, 2014, under section 5963(a) 1 of title 22 shall be treated as a determination under section 3712(a) of this title.
(b) Determinations relating to urgent threat reduction activities
Any determination made before December 19, 2014, under section 5965(b) 1 of title 22 shall be treated as a determination under section 3713(b) of this title.
(c) Funds available for Cooperative Threat Reduction Program
Funds made available for Cooperative Threat Reduction programs pursuant to the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1632) or the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 672) that remain available for obligation as of December 19, 2014, shall be available for the Program.
(Pub. L. 113–291, div. A, title XIII, § 1352, Dec. 19, 2014, 128 Stat. 3607.)
heading: References in Text
text: Section 5963 of title 22, referred to in subsec. (a), was repealed by Pub. L. 113–291, div. A, title XIII, § 1351(11), Dec. 19, 2014, 128 Stat. 3607.
Section 5965 of title 22, referred to in subsec. (b), was repealed by Pub. L. 113–291, div. A, title XIII, § 1351(12)(B), Dec. 19, 2014, 128 Stat. 3607.
The National Defense Authorization Act for Fiscal Year 2013, referred to in subsec. (c), is Pub. L. 112–239, Jan. 2, 2013, 126 Stat. 1632. For complete classification of this Act to the Code, see Tables.
The National Defense Authorization Act for Fiscal Year 2014, referred to in subsec. (c), is Pub. L. 113–66, Dec. 26, 2013, 127 Stat. 672. For complete classification of this Act to the Code, see Tables.
(Title 50 Appendix)
§ 528. Child custody protection
(a) Duration of temporary custody order based on certain deployments
If a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent who is a servicemember, the court shall require that the temporary order shall expire not later than the period justified by the deployment of the servicemember.
(b) Limitation on consideration of member’s deployment in determination of child’s best interest
If a motion or a petition is filed seeking a permanent order to modify the custody of the child of a servicemember, no court may consider the absence of the servicemember by reason of deployment, or the possibility of deployment, as the sole factor in determining the best interest of the child.
(c) No Federal jurisdiction or right of action or removal
Nothing in this section shall create a Federal right of action or otherwise give rise to Federal jurisdiction or create a right of removal.
(d) Preemption
In any case where State law applicable to a child custody proceeding involving a temporary order as contemplated in this section provides a higher standard of protection to the rights of the parent who is a deploying servicemember than the rights provided under this section with respect to such temporary order, the appropriate court shall apply the higher State standard.
(e) Deployment defined
In this section, the term “deployment” means the movement or mobilization of a servicemember to a location for a period of longer than 60 days and not longer than 540 days pursuant to temporary or permanent official orders—
(1) that are designated as unaccompanied;
(2) for which dependent travel is not authorized; or
(3) that otherwise do not permit the movement of family members to that location.
(Oct. 17, 1940, ch. 888, title II, § 208, as added Pub. L. 113–291, div. A, title V, § 566(a), Dec. 19, 2014, 128 Stat. 3384.)
54 U.S.C. § 100733 (NATIONAL PARK SERVICE AND RELATED PROGRAMS)
§ 100733. Recordation of mining claims; publication of notice
All mining claims under the Mining Law of 1872 (30 U.S.C. chapter 2, sections 161 and 162, and chapters 12A and 16) that lie within the boundaries of System units in existence on September 28, 1976, that were not recorded with the Secretary within one year after September 28, 1976, shall be conclusively presumed to be abandoned and shall be void. The recordation does not render valid any claim that was not valid on September 28, 1976, or that becomes invalid after that date.
(Pub. L. 113–287, § 3, Dec. 19, 2014, 128 Stat. 3109.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
100733
16 U.S.C. 1907
Pub. L. 94–429, § 8, Sept. 28, 1976, 90 Stat. 1343.
The section is substituted for the source provision to eliminate obsolete words. The words “in existence on September 28, 1976” are added for clarity to show that the provision applies only to System units that were part of the System on that date.
heading: References in Text
text: The Mining Law of 1872, referred to in text, is act May 10, 1872, ch. 152, 17 Stat. 91, which was incorporated into the Revised Statutes of 1878 as R.S. §§ 2319 to 2328, 2331, 2333 to 2337, and 2344, which are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of Title 30, Mineral Lands and Mining. For complete classification of such Revised Statutes sections to the Code, see Tables.