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

Summary

Up to 15 percent of Cooperative Threat Reduction (CTR) money in any fiscal year can be used for urgent activities to stop the spread of chemical, nuclear, or biological weapons, even if other laws would normally block those uses. In areas with a functioning government, the Secretary of Defense can spend those funds only after writing that an urgent threat exists, that some laws would get in the way, and that spending is necessary. The Secretary of State and the Secretary of Energy must agree. At least seven days before the Defense Secretary first spends the money, the Defense Secretary, working with the Secretary of State, must send Congress the written finding, a description of the activities, the expected schedule, and the expected cost. For ungoverned or uncontrolled areas, the President can approve the spending after a written finding that an urgent threat exists and spending is necessary. When the President first uses the funds, the Secretary of Defense, with the Secretary of State, must notify Congress with the same written finding, description, schedule, and cost. A "covered activity" means any CTR program action to deal with threats from chemical, nuclear, or biological weapons or related materials, technology, or expertise.