Title 50, War and National DefenseRelease 119-110

§3713 Authority for Urgent Threat Reduction Activities Under Department of Defense Cooperative Threat Reduction Program

Title 50 › CHAPTER 48 — DEPARTMENT OF DEFENSE COOPERATIVE THREAT REDUCTION › SUBCHAPTER I — PROGRAM AUTHORITIES › § 3713

Last updated Sep 22, 2026|Official source

Summary

No more than 15 percent of the Cooperative Threat Reduction money in any year can be used for urgent threat-fighting work. For areas with a functioning government, the Secretary of Defense can use that money only if the Secretary puts the decision in writing saying the threat from chemical, nuclear, or biological weapons is urgent, that some laws would slow the work, and that the funds are needed. The Secretary of State and the Secretary of Energy must agree. At least seven days before the money is first committed, the Secretary of Defense and the Secretary of State must tell the congressional defense committees, the House Foreign Affairs Committee, and the Senate Foreign Relations Committee what the written decision is, what will be done, how long it will take, and how much it will cost. If the area is ungoverned or lacks effective control (as the Secretary of State decides), the President can approve the funds instead. The President must put the urgency and need in writing. When the President first commits the money, the Secretary of Defense, with the Secretary of State, must notify the same congressional committees with the written decision, a description of the work, the expected schedule, and the expected cost. A "covered activity" means any Program action to stop the spread of chemical, nuclear, or biological weapons, materials, technology, or expertise.

Full Legal Text

Title 50, §3713

War and National Defense, Source: USLM XML via OLRC

(a)Limitation on use of funds for urgent threat reduction activities
Subject to subsections (b) and (c), not more than 15 percent of the total amount of Cooperative Threat Reduction funds for any fiscal year may be obligated or expended, notwithstanding any other provision of law, for covered activities.
(b)Secretary of Defense determination and notice for urgent threat reduction activities in governed areas
With respect to an area not covered by subsection (c), the Secretary of Defense may obligate or expend funds pursuant to subsection (a) for covered activities if—
(1)the Secretary determines, in writing, that—
(A)a threat arising in such area from the proliferation of chemical, nuclear, or biological weapons or weapons-related materials, technologies, or expertise must be addressed urgently;
(B)certain provisions of law would unnecessarily impede the ability of the Secretary to carry out such covered activities to address such threat; and
(C)it is necessary to obligate or expend such funds to carry out such covered activities;
(2)the Secretary of State and the Secretary of Energy concur with such determination; and
(3)not later than seven days before the date on which the Secretary of Defense first obligates such funds, the Secretary of Defense, in consultation with the Secretary of State, submits to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate—
(A)the determination under paragraph (1);
(B)a description of the covered activities to be carried out using such funds;
(C)the expected time frame for such activities; and
(D)the expected cost of such activities.
(c)Presidential determination and notice for urgent threat reduction activities in ungoverned areas
With respect to an ungoverned area or an area that is not controlled by an effective governmental authority, as determined by the Secretary of State, the President may obligate or expend funds pursuant to subsection (a) for covered activities if—
(1)the President determines, in writing, that—
(A)a threat arising in such an area from the proliferation of chemical, nuclear, or biological weapons or weapons-related materials, technologies, or expertise must be addressed urgently; and
(B)it is necessary to obligate or expend such funds to carry out such covered activities to address such threat; and
(2)at the time at which the President first obligates such funds, the Secretary of Defense, in consultation with the Secretary of State, submits to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate—
(A)the determination under paragraph (1);
(B)a description of the covered activities to be carried out using such funds;
(C)the expected time frame for such activities; and
(D)the expected cost of such activities.
(d)Covered activity defined
In this section, the term “covered activity” means an activity under the Program to address a threat arising from the proliferation of chemical, nuclear, or biological weapons or weapons-related materials, technologies, or expertise.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2016—Subsec. (b)(3). Pub. L. 114–328 substituted “not later than seven days before the date on which” for “at the time at which” in introductory provisions.

Reference

Citations & Metadata

Citation

50 U.S.C. § 3713

Title 50, War and National Defense

Last Updated

Sep 22, 2026

Release point: 119-110