22 U.S.C. § 5961a — Requirement for on-site managers
submitted 23 years ago by Pub. L. 108-136 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 449 words · no verdicts yet
Before committing certain defense nuclear nonproliferation funds, the Secretary of Energy must appoint a federal employee to manage a covered project on site. The manager must track critical steps and may suspend United States participation when a foreign participant is late, subject to the Secretary’s direction.
(a) On-site manager requirement. Before committing any defense nuclear nonproliferation funds to a project covered by subsection (b), the Secretary of Energy must appoint one on-site manager. The manager must be a Federal Government employee.
(b) Projects covered. Subsection (a) applies to a project that (1) will be located in a state of the former Soviet Union; (2) involves dismantlement, destruction, or storage facilities, or construction of a facility; and (3) is expected to receive more than $50,000,000 in total Department of Energy contributions.
(c) Duties of on-site manager. The manager must (1) work with representatives of participating countries’ governments to list the steps or activities critical to the project’s disarmament or nonproliferation goals; (2) set a schedule for completing them; (3) meet with all participants to seek assurances that they are on schedule; and (4) suspend United States participation when a non-United States participant misses a scheduled step or activity, unless the Secretary of Energy directs the manager to resume participation.
(d) Authority to manage more than one project. (1) Subject to paragraph (2), a Federal employee may manage more than one project, including projects in different locations. (2) If the employee manages more than one project in a fiscal year, the projects’ total cost for that year may not exceed $150,000,000.
(e) Steps or activities. The steps or activities in subsection (c)(1) are activities that, if not completed, would prevent the project from meeting its disarmament or nonproliferation goals. At a minimum, they include (1) identifying and obtaining permits, as subsection (g) defines that term; (2) verifying that the items, substances, or capabilities to be dismantled, secured, or otherwise changed are available for that work; and (3) providing financial, personnel, management, transportation, and other resources on time.
(f) Notification to Congress. When the Secretary directs the manager to resume United States participation under subsection (c)(4), the Secretary must notify Congress at the same time.
(g) Permit defined. In this section, “permit” means any local or national permit for development, general construction, environmental, land-use, or other purposes required in the former Soviet state where the project is being or is proposed to be carried out.
(h) Effective date. This section takes effect six months after November 24, 2003.
Before obligating any defense nuclear nonproliferation funds for a project described in subsection (b), the Secretary of Energy shall appoint one on-site manager for that project. The manager shall be appointed from among employees of the Federal Government.
Subsection (a) applies to a project—
to be located in a state of the former Soviet Union;
which involves dismantlement, destruction, or storage facilities, or construction of a facility; and
with respect to which the total contribution by the Department of Energy is expected to exceed $50,000,000.
The on-site manager appointed under subsection (a) shall—
develop, in cooperation with representatives from governments of countries participating in the project, a list of those steps or activities critical to achieving the project’s disarmament or nonproliferation goals;
establish a schedule for completing those steps or activities;
meet with all participants to seek assurances that those steps or activities are being completed on schedule; and
suspend United States participation in a project when a non-United States participant fails to complete a scheduled step or activity on time, unless directed by the Secretary of Energy to resume United States participation.
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.
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.
Steps or activities referred to in subsection (c)(1) are those activities that, if not completed, will prevent a project from achieving its disarmament or nonproliferation goals, including, at a minimum, the following:
Identification and acquisition of permits (as defined in subsection (g)).
Verification that the items, substances, or capabilities to be dismantled, secured, or otherwise modified are available for dismantlement, securing, or modification.
Timely provision of financial, personnel, management, transportation, and other resources.
In any case in which the Secretary of Energy directs an on-site manager to resume United States participation in a project under subsection (c)(4), the Secretary shall concurrently notify Congress of such direction.
In this section, the term “permit” means any local or national permit for development, general construction, environmental, land use, or other purposes that is required in the state of the former Soviet Union in which the project is being or is proposed to be carried out.
This section shall take effect six months after November 24, 2003.
Source credit: (Pub. L. 108–136, div. C, title XXXI, § 3125, Nov. 24, 2003, 117 Stat. 1748.)
- 2003Enacted · Pub. L. 108-136 · 117 Stat. 1748
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-136 on 2003-11-24.
all 0 arguments · sorted by: best
no arguments yet — make the first case