Sec. 3120. Limitation on availability of funds for development of certain nuclear nonproliferation technologies
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Except as provided by subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2016 for defense nuclear nonproliferation for nonproliferation or arms control verification or monitoring technologies may be obligated or expended to develop such technologies beyond technology readiness level 5 unless, not later than 60 days after the date of the enactment of this Act, the Secretary of Energy submits to the appropriate congressional committees the following:
Written certification that such technologies are being developed to fulfill the rights or obligations of the United States under— a current arms control or nonproliferation treaty or agreement requiring verification or monitoring that has entered into force with respect to the United States; or an arms control or nonproliferation treaty or agreement that— will require verification or monitoring; and the Secretary expects will enter into force with respect to the United States during the two-year period beginning on the date of the certification.
With respect to each technology developed beyond technology readiness level 5 pursuant to this subsection— an identification of the amount of such funds made available for fiscal year 2016 for defense nuclear nonproliferation that will be used for such development; and how such development helps to fulfill the rights or obligations of the United States as described in subparagraphs
(A)or
(B)of paragraph (1). The Secretary may waive the limitation in subsection
(a)if— the Secretary— determines that the waiver is necessary in the national security interests of the United States; and submits to the appropriate congressional committees a written certification of such determination; and a period of 15 days elapses following the date on which the Secretary submits such certification. In this section: The term appropriate congressional committees means— the congressional defense committees; and the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. The term technology readiness level 5 has the meaning given that term in the Department of Energy Guide 413.3–4A titled Technology Readiness Assessment Guide and approved on September 15, 2011.