PUBLIC LAW 109–364—OCT. 17, 2006
120 STAT. 2505
under this subsection during the preceding fiscal year. Each report for a fiscal year shall set forth— ‘‘(A) a statement of any amounts received under this subsection, including, for each such amount, the value of the contribution and the person who contributed it; ‘‘(B) a statement of any amounts used under this subsection, including, for each such amount, the purposes for which the amount was used; and ‘‘(C) a statement of the amounts retained but not used under this subsection, including, for each such amount, the purposes (if known) for which the Secretary intends to use the amount. ‘‘(7) EXPIRATION.—The authority to accept, retain, and use contributions under this subsection expires on December 31, 2013.’’. SEC. 3114. UTILIZATION OF CONTRIBUTIONS TO SECOND LINE OF DEFENSE PROGRAM.
(a) IN GENERAL.—The Secretary of Energy may, with the concurrence of the Secretary of State, enter into one or more agreements with any person (including a foreign government, international organization, or multinational entity) that the Secretary of Energy considers appropriate under which the person contributes funds for purposes of the Second Line of Defense program of the National Nuclear Security Administration. (b) RETENTION AND USE OF AMOUNTS.—Notwithstanding section 3302 of title 31, United States Code, the Secretary of Energy may retain and use amounts contributed under an agreement under subsection (a) for purposes of the Second Line of Defense program. Amounts so contributed shall be retained in a separate fund established in the Treasury for such purposes and shall be available for use without further appropriation and without fiscal year limitation. (c) RETURN OF AMOUNTS NOT USED WITHIN 5 YEARS.—If an amount contributed under an agreement under subsection (a) is not used under this section within 5 years after it was contributed, the Secretary of Energy shall return that amount to the person who contributed it. (d) NOTICE TO CONGRESSIONAL DEFENSE COMMITTEES.—Not later than 30 days after the receipt of an amount contributed under subsection (a), the Secretary of Energy shall submit to the congressional defense committees a notice specifying the purpose and value of the contribution and identifying the person who contributed it. The Secretary may not use the amount until 15 days after the notice is submitted. (e) ANNUAL REPORT.—Not later than October 31 of each year, the Secretary of Energy shall submit to the congressional defense committees a report on the receipt and use of amounts under this section during the preceding fiscal year. Each report for a fiscal year shall set forth— (1) a statement of any amounts received under this section, including, for each such amount, the value of the contribution and the person who contributed it; (2) a statement of any amounts used under this section, including, for each such amount, the purposes for which the amount was used; and
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