§2455a — Title 50 War and National Defense | U.S. Code

Summary

Up to 10 percent of the yearly money for the Department of Energy’s National Nuclear Security Administration nonproliferation programs can be used for urgent nonproliferation actions, even if other laws would otherwise prevent it. The Secretary of Energy, with agreement from the Secretary of State and the Secretary of Defense, may write a decision saying urgent threats from spread of nuclear or radiological weapons or related materials or know‑how must be handled, that some laws would get in the way, and that spending is needed. At least 15 days before using the money, the Secretary of Energy must tell the House Committees on Foreign Affairs, Armed Services, and Appropriations, and the Senate Committees on Foreign Relations, Armed Services, and Appropriations. The notice must include the decision, the planned activities, the expected time frame, and the projected costs.

Title 50, §2455a

War and National Defense — Source: USLM XML via OLRC

(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.

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.

§2455a National Nuclear Security Administration Authority for Urgent Nonproliferation Activities

Summary

Title 50, §2455a

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata