123STA T . 2 7 1 0PUBLIC LA W 111 –84—O CT. 28 , 200 9SEC.3120 . NATIO NA L N U CLEA R SECURIT Y A DM INISTRATION AUT H ORITY F OR UR G ENT NON P ROLIFERATION ACTI V I - TIES. (a)INGE NE RAL.—Subject t o t h e n ot if ication r e q uire m ent un d er s ubsection (b) , not more than 10p ercent of the tota l amounts appropriated or other w ise made a v ailable in an y fiscal year for the nonproliferation pro g rams of the D epartment of E nergy N ational Nuclear Security A dministration may be e x pended, not - withstanding any other law, for activities described under sub- section (b)(1)( B ). (b) DE T ER MI NATI O NAN D NOTI C E.— (1) DETERMINATION.— T he Secretary of Energy, with the concurrence of the Secretary of State and the Secretary of Defense, may ma k e a written determination that— (A) threats arising from the proliferation of nuclear or radiological weapons or weapons-related materials, tech- nologies, 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 ) NOTICE RE QU IRED.—Not later than 1 5 days before obli- gating or expending funds under the authority provided in subsection (a), the Secretary of Energy shall notify the appro- priate congressional committees of the determination made under paragraph (1). The notice shall include— (A) the determination; (B) the activities to be undertaken by the nonprolifera- tion programs of the National Nuclear Security Administra- tion; (C) the expected time frame for such activities; and (D) the expected costs of such activities. (c) A P PROPRIATE CON G RE S SIONAL COMMITTEES.—In this section, the term ‘ ‘appropriate congressional committees’’ means— (1) the Committee on F oreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the H ouse of R epresentatives; and (2) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate. SEC. 3121. REPEAL OF SUNSET DATE FOR CONSOLIDATION OF COUNTERINTELLIGENCE PROGRAMS OF DEPARTMENT OF ENERGY AND NATIONAL NUCLEAR SECURITY ADMINISTRATION. Subsection (a) of section 3 11 7 of the J ohn W arner National Defense Authori z ation Act for Fiscal Y ear 2007 ( P ublic L aw 10 9– 3 64
- 120 Stat. 2507; 42
U .S.C. 7144b note) is amended to read as follows
‘‘(a) TRANS F ER OF FUNCTIONS.—The functions, personnel, funds, assets, and other resources of the O ffice of Defense Nuclear Counter- intelligence of the National Nuclear Security Administration are transferred to the Secretary of Energy, to be administered (except to any extent otherwise directed by the Secretary) by the Director of the Office of Counterintelligence of the Department of Energy.’’. Governm en t or ga n iz ation .D e f inition. Dea dl ine. 50USC24 55a.
