Title 50War and National DefenseRelease 119-73

§2455a National Nuclear Security Administration authority for urgent nonproliferation activities

Title 50 › Chapter CHAPTER 41— - NATIONAL NUCLEAR SECURITY ADMINISTRATION › Subchapter SUBCHAPTER IV— - BUDGET AND FINANCIAL MANAGEMENT › § 2455a

Last updated Apr 6, 2026|Official source

Summary

The Energy Secretary can spend up to 10 percent of the yearly money for the National Nuclear Security Administration’s nonproliferation programs on urgent work to stop the spread of nuclear or radiological weapons, materials, technology, or expertise. This can be done even if other laws would normally block those actions, but only after the Energy Secretary and the Secretaries of State and Defense agree in writing that the threat is urgent, that some laws would get in the way, and that spending the money is necessary. At least 15 days before using the funds, the Energy Secretary must notify the proper congressional committees in writing. The notice must include the written decision, the planned activities, the expected time frame, and the expected costs. “Appropriate congressional committees” means the House Committees on Foreign Affairs, Armed Services, and Appropriations, and the Senate Committees on Foreign Relations, Armed Services, and Appropriations.

Full Legal Text

Title 50, §2455a

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(a)Subject to the notification requirement under subsection (b), not more than 10 percent of the total amounts appropriated or otherwise made available in any fiscal year for the nonproliferation programs of the Department of Energy National Nuclear Security Administration may be expended, notwithstanding any other law, for activities described under subsection (b)(1)(B).
(b)(1)The Secretary of Energy, with the concurrence of the Secretary of State and the Secretary of Defense, may make a written determination that—
(A)threats arising from the proliferation of nuclear or radiological weapons or weapons-related materials, technologies, and expertise must be addressed urgently;
(B)certain provisions of law would unnecessarily impede the Secretary’s ability to carry out nonproliferation activities of the National Nuclear Security Administration to address such threats; and
(C)it is necessary to expend amounts described in subsection (a) to carry out such activities.
(2)Not later than 15 days before obligating or expending funds under the authority provided in subsection (a), the Secretary of Energy shall notify the appropriate congressional committees of the determination made under paragraph (1). The notice shall include—
(A)the determination;
(B)the activities to be undertaken by the nonproliferation programs of the National Nuclear Security Administration;
(C)the expected time frame for such activities; and
(D)the expected costs of such activities.
(c)In this section, the term “appropriate congressional committees” means—
(1)the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and
(2)the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2010, and not as part of the National Nuclear Security Administration Act which comprises this chapter.

Reference

Citations & Metadata

Citation

50 U.S.C. § 2455a

Title 50War and National Defense

Last Updated

Apr 6, 2026

Release point: 119-73