US (United States) Code. Title 50. Chapter 40: Defense against weapons of mass destruction

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # War and National Defense

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-CITE-

50 USC CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS

DESTRUCTION 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

-HEAD-

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

-MISC1-

Sec.

2301. Findings.

2302. Definitions.

SUBCHAPTER I - DOMESTIC PREPAREDNESS.

2311. Response to threats of terrorist use of weapons of

mass destruction.

(a) Enhanced response capability.

(b) Report required.

2312. Emergency response assistance program.

(a) Program required.

(b) Coordination.

(c) Eligible participants.

(d) Involvement of other Federal agencies.

(e) Available assistance.

(f) Limitations on Department of Defense assistance

to law enforcement agencies.

(g) Administration of Department of Defense

assistance.

(h) Funding.

2313. Nuclear, chemical, and biological emergency response.

(a) Department of Defense.

(b) Department of Energy.

(c) Funding.

2314. Chemical-biological emergency response team.

(a) Department of Defense rapid response team.

(b) Addition to Federal response plan.

2315. Testing of preparedness for emergencies involving

nuclear, radiological, chemical, and biological

weapons.

(a) Emergencies involving chemical or biological

weapons.

(b) Emergencies involving nuclear and radiological

weapons.

(c) Annual revisions of programs.

(d) Options to transfer responsibility.

(e) Funding.

2316. Actions to increase civilian expertise.

(a) to (c) Omitted.

(d) Civilian expertise.

(e) Reports.

2317. Rapid response information system.

(a) Inventory of rapid response assets.

(b) Master inventory.

(c) Addition to Federal response plan.

(d) Database on chemical and biological materials.

(e) Access to inventory and database.

SUBCHAPTER II - INTERDICTION OF WEAPONS OF MASS DESTRUCTION AND

RELATED MATERIALS

2331. Procurement of detection equipment for United States

border security.

2332. Sense of Congress concerning criminal penalties.

(a) Sense of Congress concerning inadequacy of

sentencing guidelines.

(b) Urging of revision to guidelines.

2333. International border security.

(a) Secretary of Defense responsibility.

(b) Funding.

(c) Assistance to states of former Soviet Union.

SUBCHAPTER III - CONTROL AND DISPOSITION OF WEAPONS OF MASS

DESTRUCTION AND RELATED MATERIALS THREATENING THE UNITED STATES

2341. Elimination of plutonium production.

(a) Replacement program.

(b) Program requirements.

(c) Submission of program plan to Congress.

2342. Cooperative program on research, development, and

demonstration of technology regarding nuclear or

radiological terrorism.

(a) Program required.

(b) Program elements.

(c) Consultation.

(d) Amount for activities.

2343. Matters relating to the international materials

protection, control, and accounting program of the

Department of Energy.

(a) Radiological dispersal device materials

protection, control, and accounting.

(b) Revised focus for materials protection,

control, and accounting program of Russian

Federation.

(c) Amount for activities.

2344. Strengthened international security for nuclear

materials and security of nuclear operations.

(a) Report on options for international program to

strengthen security.

(b) Joint programs with Russia on

proliferation-resistant nuclear energy

technologies.

(c) Assistance regarding hostile insiders.

2345. Export control programs.

(a) Authority to pursue options for strengthening

export control programs.

(b) Amount for activities.

SUBCHAPTER IV - COORDINATION OF POLICY AND COUNTERMEASURES AGAINST

PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

2351. National Coordinator on Nonproliferation.

(a) Designation of position.

(b) Duties.

(c) Allocation of funds.

2352. National Security Council Committee on

Nonproliferation.

(a) Establishment.

(b) Membership.

(c) Responsibilities.

2353. Comprehensive preparedness program.

(a) Program required.

(b) Content of program.

(c) Report.

2354. Termination.

SUBCHAPTER IV-A - NONPROLIFERATION ASSISTANCE COORDINATION

2357. Findings.

2357a. Definitions.

(a) Independent states of the former Soviet Union.

(b) Appropriate committees of Congress.

2357b. Establishment of Committee on Nonproliferation

Assistance.

(a) In general.

(b) Membership.

(c) Level of representation.

(d) Chair.

2357c. Purposes and authority.

(a) Purposes.

(b) Authority.

2357d. Administrative support.

2357e. Confidentiality of information.

2357f. Statutory construction.

2357g. Reporting and consultation.

(a) Presidential report.

(b) Consultation.

SUBCHAPTER V - MISCELLANEOUS

2361. Sense of Congress concerning contracting policy.

2362. Transfers of allocations among cooperative threat

reduction programs.

2363. Sense of Congress concerning assistance to states of

former Soviet Union.

2364. Purchase of low-enriched uranium derived from Russian

highly enriched uranium.

(a) Sense of Congress.

(b) Actions by Secretary of State.

2365. Sense of Congress concerning purchase, packaging, and

transportation of fissile materials at risk of theft.

2366. Reports on acquisition of technology relating to

weapons of mass destruction and advanced conventional

munitions.

(a) Reports.

(b) Submittal dates.

(c) Form of reports.

2367. Annual report on threat posed to United States by

weapons of mass destruction, ballistic missiles, and

cruise missiles.

(a) Annual report.

(b) Consultation.

(c) Matters to be included.

(d) Classification.

2368. Annual reports on the proliferation of missiles and

essential components of nuclear, biological,

chemical, and radiological weapons.

(a) Report.

(b) Matters to be included.

(c) Content of report.

(d) Exclusions.

(e) Classification of report.

(f) Definitions.

2369. Semiannual report on contributions of foreign persons

to weapons of mass destruction and delivery systems

efforts of countries of proliferation concern.

(a) Reports.

(b) Period of semiannual reports.

(c) Form of reports.

(d) Definitions.

-End-

-CITE-

50 USC Sec. 2301 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

-HEAD-

Sec. 2301. Findings

-STATUTE-

Congress makes the following findings:

(1) Weapons of mass destruction and related materials and

technologies are increasingly available from worldwide sources.

Technical information relating to such weapons is readily

available on the Internet, and raw materials for chemical,

biological, and radiological weapons are widely available for

legitimate commercial purposes.

(2) The former Soviet Union produced and maintained a vast

array of nuclear, biological, and chemical weapons of mass

destruction.

(3) Many of the states of the former Soviet Union retain the

facilities, materials, and technologies capable of producing

additional quantities of weapons of mass destruction.

(4) The disintegration of the former Soviet Union was

accompanied by disruptions of command and control systems,

deficiencies in accountability for weapons, weapons-related

materials and technologies, economic hardships, and significant

gaps in border control among the states of the former Soviet

Union. The problems of organized crime and corruption in the

states of the former Soviet Union increase the potential for

proliferation of nuclear, radiological, biological, and chemical

weapons and related materials.

(5) The conditions described in paragraph (4) have

substantially increased the ability of potentially hostile

nations, terrorist groups, and individuals to acquire weapons of

mass destruction and related materials and technologies from

within the states of the former Soviet Union and from unemployed

scientists who worked on those programs.

(6) As a result of such conditions, the capability of

potentially hostile nations and terrorist groups to acquire

nuclear, radiological, biological, and chemical weapons is

greater than at any time in history.

(7) The President has identified North Korea, Iraq, Iran, and

Libya as hostile states which already possess some weapons of

mass destruction and are developing others.

(8) The acquisition or the development and use of weapons of

mass destruction is well within the capability of many extremist

and terrorist movements, acting independently or as proxies for

foreign states.

(9) Foreign states can transfer weapons to or otherwise aid

extremist and terrorist movements indirectly and with plausible

deniability.

(10) Terrorist groups have already conducted chemical attacks

against civilian targets in the United States and Japan, and a

radiological attack in Russia.

(11) The potential for the national security of the United

States to be threatened by nuclear, radiological, chemical, or

biological terrorism must be taken seriously.

(12) There is a significant and growing threat of attack by

weapons of mass destruction on targets that are not military

targets in the usual sense of the term.

(13) Concomitantly, the threat posed to the citizens of the

United States by nuclear, radiological, biological, and chemical

weapons delivered by unconventional means is significant and

growing.

(14) Mass terror may result from terrorist incidents involving

nuclear, radiological, biological, or chemical materials.

(15) Facilities required for production of radiological,

biological, and chemical weapons are much smaller and harder to

detect than nuclear weapons facilities, and biological and

chemical weapons can be deployed by alternative delivery means

other than long-range ballistic missiles.

(16) Covert or unconventional means of delivery of nuclear,

radiological, biological, and chemical weapons include cargo

ships, passenger aircraft, commercial and private vehicles and

vessels, and commercial cargo shipments routed through multiple

destinations.

(17) Traditional arms control efforts assume large state

efforts with detectable manufacturing programs and weapons

production programs, but are ineffective in monitoring and

controlling smaller, though potentially more dangerous,

unconventional proliferation efforts.

(18) Conventional counterproliferation efforts would do little

to detect or prevent the rapid development of a capability to

suddenly manufacture several hundred chemical or biological

weapons with nothing but commercial supplies and equipment.

(19) The United States lacks adequate planning and

countermeasures to address the threat of nuclear, radiological,

biological, and chemical terrorism.

(20) The Department of Energy has established a Nuclear

Emergency Response Team which is available in case of nuclear or

radiological emergencies, but no comparable units exist to deal

with emergencies involving biological or chemical weapons or

related materials.

(21) State and local emergency response personnel are not

adequately prepared or trained for incidents involving nuclear,

radiological, biological, or chemical materials.

(22) Exercises of the Federal, State, and local response to

nuclear, radiological, biological, or chemical terrorism have

revealed serious deficiencies in preparedness and severe problems

of coordination.

(23) The development of, and allocation of responsibilities

for, effective countermeasures to nuclear, radiological,

biological, or chemical terrorism in the United States requires

well-coordinated participation of many Federal agencies, and

careful planning by the Federal Government and State and local

governments.

(24) Training and exercises can significantly improve the

preparedness of State and local emergency response personnel for

emergencies involving nuclear, radiological, biological, or

chemical weapons or related materials.

(25) Sharing of the expertise and capabilities of the

Department of Defense, which traditionally has provided

assistance to Federal, State, and local officials in

neutralizing, dismantling, and disposing of explosive ordnance,

as well as radiological, biological, and chemical materials, can

be a vital contribution to the development and deployment of

countermeasures against nuclear, biological, and chemical weapons

of mass destruction.

(26) The United States lacks effective policy coordination

regarding the threat posed by the proliferation of weapons of

mass destruction.

-SOURCE-

(Pub. L. 104-201, div. A, title XIV, Sec. 1402, Sept. 23, 1996, 110

Stat. 2715.)

-MISC1-

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-293, title VII, Sec. 701, Oct. 11, 1996, 110 Stat.

3470, provided that: "This title [enacting section 2366 of this

title and provisions set out as a note under section 2351 of this

title] may be cited as the 'Combatting Proliferation of Weapons of

Mass Destruction Act of 1996'."

SHORT TITLE

Section 1401 of title XIV of div. A of Pub. L. 104-201 provided

that: "This title [enacting this chapter, section 382 of Title 10,

Armed Forces, and sections 175a and 2332d of Title 18, Crimes and

Criminal Procedure, amending section 1705 of this title, section

372 of Title 10, and provisions set out as a note under section

5955 of Title 22, Foreign Relations and Intercourse] may be cited

as the 'Defense Against Weapons of Mass Destruction Act of 1996'."

Pub. L. 107-228, div. B, title XIII, Sec. 1331, Sept. 30, 2002,

116 Stat. 1448, provided that: "This subtitle [subtitle C (Secs.

1331-1339) of title XIII of div. B of Pub. L. 107-228, enacting

subchapter IV-A of this chapter] may be cited as the

'Nonproliferation Assistance Coordination Act of 2002'."

COMMISSION TO ASSESS THE THREAT TO THE UNITED STATES FROM

ELECTROMAGNETIC PULSE (EMP) ATTACK

Pub. L. 106-398, Sec. 1 [[div. A], title XIV], Oct. 30, 2000, 114

Stat. 1654, 1654A-345, provided that:

"SEC. 1401. ESTABLISHMENT OF COMMISSION.

"(a) Establishment. - There is hereby established a commission to

be known as the 'Commission to Assess the Threat to the United

States from Electromagnetic Pulse Attack' (hereafter in this title

referred to as the 'Commission').

"(b) Composition. - The Commission shall be composed of nine

members. Seven of the members shall be appointed by the Secretary

of Defense and two of the members shall be appointed by the

Director of the Federal Emergency Management Agency. In selecting

individuals for appointment to the Commission, the Secretary of

Defense shall consult with the chairmen and ranking minority

members of the Committees on Armed Services of the Senate and House

of Representatives.

"(c) Qualifications. - Members of the Commission shall be

appointed from among private United States citizens with knowledge

and expertise in the scientific, technical, and military aspects of

electromagnetic pulse (hereafter in this title referred to as

'EMP') effects resulting from the detonation of a nuclear weapon or

weapons at high altitude, sometimes referred to as high-altitude

electromagnetic pulse effects (HEMP).

"(d) Chairman of Commission. - The Secretary of Defense shall

designate one of the members of the Commission to serve as chairman

of the Commission.

"(e) Period of Appointment; Vacancies. - Members shall be

appointed for the life of the Commission. Any vacancy in the

Commission shall be filled in the same manner as the original

appointment.

"(f) Security Clearances. - All members of the Commission shall

hold appropriate security clearances.

"(g) Initial Organization Requirements. - All appointments to the

Commission shall be made not later than 90 days after the date of

the enactment of this Act [Oct. 30, 2000]. The Commission shall

convene its first meeting not later than 60 days after the date as

of which all members of the Commission have been appointed.

"SEC. 1402. DUTIES OF COMMISSION.

"(a) Review of EMP Threat. - The Commission shall assess -

"(1) the nature and magnitude of potential high-altitude EMP

threats to the United States from all potentially hostile states

or non-state actors that have or could acquire nuclear weapons

and ballistic missiles enabling them to perform a high-altitude

EMP attack against the United States within the next 15 years;

"(2) the vulnerability of United States military and especially

civilian systems to an EMP attack, giving special attention to

vulnerability of the civilian infrastructure as a matter of

emergency preparedness;

"(3) the capability of the United States to repair and recover

from damage inflicted on United States military and civilian

systems by an EMP attack; and

"(4) the feasibility and cost of hardening select military and

civilian systems against EMP attack.

"(b) Recommendation. - The Commission shall recommend any steps

it believes should be taken by the United States to better protect

its military and civilian systems from EMP attack.

"(c) Cooperation From Government Officials. - In carrying out its

duties, the Commission should receive the full and timely

cooperation of the Secretary of Defense, the Director of the

Federal Emergency Management Agency, and any other United States

Government official serving in the Department of Defense or Armed

Forces in providing the Commission with analyses, briefings, and

other information necessary for the fulfillment of its

responsibilities.

"SEC. 1403. REPORTS.

"(a) Commission Report. - The Commission shall, not later than

one year after the date of its first meeting, submit to Congress,

the Secretary of Defense, and the Director of the Federal Emergency

Management Agency a report on the Commission's findings and

conclusions.

"(b) Secretary of Defense Report. - Not later than one year after

the date of the Commission's report under subsection (a), the

Secretary of Defense shall submit to Congress a report -

"(1) commenting on the Commission's findings and conclusions;

"(2) describing political-military scenarios that could

possibly lead to an EMP attack against the United States;

"(3) evaluating the relative likelihood of an EMP attack

against the United States compared to other threats involving

nuclear weapons; and

"(4) explaining what actions, if any, the Secretary intends to

take to implement the recommendations of the Commission and the

Secretary's reasons for doing so.

"SEC. 1404. POWERS.

"(a) Hearings. - The Commission or, at its direction, any panel

or member of the Commission, may, for the purpose of carrying out

the provisions of this title, hold hearings, take testimony,

receive evidence, and administer oaths to the extent that the

Commission or any panel or member considers advisable.

"(b) Information. - The Commission may secure directly from the

Department of Defense, the Central Intelligence Agency, and any

other Federal department or agency information that the Commission

considers necessary to enable the Commission to carry out its

responsibilities under this title.

"SEC. 1405. COMMISSION PROCEDURES.

"(a) Meetings. - The Commission shall meet at the call of the

Chairman.

"(b) Quorum. - (1) Five members of the Commission shall

constitute a quorum other than for the purpose of holding hearings.

"(2) The Commission shall act by resolution agreed to by a

majority of the members of the Commission.

"(c) Commission. - The Commission may establish panels composed

of less than full membership of the Commission for the purpose of

carrying out the Commission's duties. The actions of each such

panel shall be subject to the review and control of the Commission.

Any findings and determinations made by such a panel shall not be

considered the findings and determinations of the Commission unless

approved by the Commission.

"(d) Authority of Individuals To Act for Commission. - Any agent

or member of the Commission may, if authorized by the Commission,

take any action which the Commission is authorized to take under

this title.

"SEC. 1406. PERSONNEL MATTERS.

"(a) Pay of Members. - Members of the Commission shall serve

without pay by reason of their work on the Commission.

"(b) Travel Expenses. - The members of the Commission shall be

allowed travel expenses, including per diem in lieu of subsistence,

at rates authorized for employees of agencies under subchapter I of

chapter 57 of title 5, United States Code, while away from their

homes or regular places of business in the performance of services

for the Commission.

"(c) Staff. - (1) The chairman of the Commission may, without

regard to the provisions of title 5, United States Code, governing

appointments in the competitive service, appoint a staff director

and such additional personnel as may be necessary to enable the

Commission to perform its duties. The appointment of a staff

director shall be subject to the approval of the Commission.

"(2) The chairman of the Commission may fix the pay of the staff

director and other personnel without regard to the provisions of

chapter 51 and subchapter III of chapter 53 of title 5, United

States Code, relating to classification of positions and General

Schedule pay rates, except that the rate of pay fixed under this

paragraph for the staff director may not exceed the rate payable

for level V of the Executive Schedule under section 5316 of such

title and the rate of pay for other personnel may not exceed the

maximum rate payable for grade GS-15 of the General Schedule.

"(d) Detail of Government Employees. - Upon request of the

chairman of the Commission, the head of any Federal department or

agency may detail, on a nonreimbursable basis, any personnel of

that department or agency to the Commission to assist it in

carrying out its duties.

"(e) Procurement of Temporary and Intermittent Services. - The

chairman of the Commission may procure temporary and intermittent

services under section 3109(b) of title 5, United States Code, at

rates for individuals which do not exceed the daily equivalent of

the annual rate of basic pay payable for level V of the Executive

Schedule under section 5316 of such title.

"SEC. 1407. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

"(a) Postal and Printing Services. - The Commission may use the

United States mails and obtain printing and binding services in the

same manner and under the same conditions as other departments and

agencies of the Federal Government.

"(b) Miscellaneous Administrative and Support Services. - The

Secretary of Defense shall furnish the Commission, on a

reimbursable basis, any administrative and support services

requested by the Commission.

"SEC. 1408. FUNDING.

"Funds for activities of the Commission shall be provided from

amounts appropriated for the Department of Defense for operation

and maintenance for Defense-wide activities for fiscal year 2001.

Upon receipt of a written certification from the Chairman of the

Commission specifying the funds required for the activities of the

Commission, the Secretary of Defense shall promptly disburse to the

Commission, from such amounts, the funds required by the Commission

as stated in such certification.

"SEC. 1409. TERMINATION OF THE COMMISSION.

"The Commission shall terminate 60 days after the date of the

submission of its report under section 1403(a)."

[For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.]

DOMESTIC PREPAREDNESS FOR DEFENSE AGAINST WEAPONS OF MASS

DESTRUCTION

Pub. L. 105-261, div. A, title XIV, Oct. 17, 1998, 112 Stat.

2167, as amended by Pub. L. 106-65, div. A, title X, Sec. 1064,

Oct. 5, 1999, 113 Stat. 769, Pub. L. 106-398, Sec. 1 [[div. A],

title X, Sec. 1087(d)(7)], Oct. 30, 2000, 114 Stat. 1654,

1654A-293; Pub. L. 107-107, div. A, title XV, Sec. 1514(a), (b)(1),

Dec. 28, 2001, 115 Stat. 1273; Pub. L. 107-296, title VIII, Sec.

889(b)(2), Nov. 25, 2002, 116 Stat. 2251, provided that:

"SEC. 1401. SHORT TITLE.

"This title may be cited as the 'Defense Against Weapons of Mass

Destruction Act of 1998'.

"SEC. 1402. DOMESTIC PREPAREDNESS FOR RESPONSE TO THREATS OF

TERRORIST USE OF WEAPONS OF MASS DESTRUCTION.

"(a) Enhanced Response Capability. - In light of the continuing

potential for terrorist use of weapons of mass destruction against

the United States and the need to develop a more fully coordinated

response to that threat on the part of Federal, State, and local

agencies, the President shall act to increase the effectiveness at

the Federal, State, and local level of the domestic emergency

preparedness program for response to terrorist incidents involving

weapons of mass destruction by utilizing the President's existing

authorities to develop an integrated program that builds upon the

program established under the Defense Against Weapons of Mass

Destruction Act of 1996 (title XIV of Public Law 104-201; 110 Stat.

2714; 50 U.S.C. 2301 et seq.).

"(b) Report. - Not later than January 31, 1999, the President

shall submit to Congress a report containing information on the

actions taken at the Federal, State, and local level to develop an

integrated program to prevent and respond to terrorist incidents

involving weapons of mass destruction.

"SEC. 1403. REPORT ON DOMESTIC EMERGENCY PREPAREDNESS

[Repealed. Pub. L. 107-296, title VIII, Sec. 889(b)(2), Nov. 25,

2002, 116 Stat. 2251.]

"SEC. 1404. THREAT AND RISK ASSESSMENTS.

"(a) Threat and Risk Assessments. - Assistance to Federal, State,

and local agencies provided under the program under section 1402

shall include the performance of assessments of the threat and risk

of terrorist employment of weapons of mass destruction against

cities and other local areas. Such assessments shall be used by

Federal, State, and local agencies to determine the training and

equipment requirements under this program and shall be performed as

a collaborative effort with State and local agencies.

"(b) Conduct of Assessments. - The Department of Justice, as lead

Federal agency for domestic crisis management in response to

terrorism involving weapons of mass destruction, shall -

"(1) conduct any threat and risk assessment performed under

subsection (a) in coordination with appropriate Federal, State,

and local agencies; and

"(2) develop procedures and guidance for conduct of the threat

and risk assessment in consultation with officials from the

intelligence community.

"SEC. 1405. ADVISORY PANEL TO ASSESS DOMESTIC RESPONSE

CAPABILITIES FOR TERRORISM INVOLVING WEAPONS OF MASS

DESTRUCTION.

"(a) Requirement for Panel. - The Secretary of Defense, in

consultation with the Attorney General, the Secretary of Energy,

the Secretary of Health and Human Services, and the Director of the

Federal Emergency Management Agency, shall enter into a contract

with a federally funded research and development center to

establish a panel to assess the capabilities for domestic response

to terrorism involving weapons of mass destruction.

"(b) Composition of Panel; Selection. - (1) The panel shall be

composed of members who shall be private citizens of the United

States with knowledge and expertise in emergency response matters.

"(2) Members of the panel shall be selected by the federally

funded research and development center in accordance with the terms

of the contract established pursuant to subsection (a).

"(c) Procedures for Panel. - The federally funded research and

development center shall be responsible for establishing

appropriate procedures for the panel, including procedures for

selection of a panel chairman.

"(d) Duties of Panel. - The panel shall -

"(1) assess Federal agency efforts to enhance domestic

preparedness for incidents involving weapons of mass destruction;

"(2) assess the progress of Federal training programs for local

emergency responses to incidents involving weapons of mass

destruction;

"(3) assess deficiencies in programs for response to incidents

involving weapons of mass destruction, including a review of

unfunded communications, equipment, and planning requirements,

and the needs of maritime regions;

"(4) recommend strategies for ensuring effective coordination

with respect to Federal agency weapons of mass destruction

response efforts, and for ensuring fully effective local response

capabilities for weapons of mass destruction incidents; and

"(5) assess the appropriate roles of State and local government

in funding effective local response capabilities.

"(e) Deadline To Enter Into Contract. - The Secretary of Defense

shall enter into the contract required under subsection (a) not

later than 60 days after the date of the enactment of this Act

[Oct. 17, 1998].

"(f) Deadline for Selection of Panel Members. - Selection of

panel members shall be made not later than 30 days after the date

on which the Secretary enters into the contract required by

subsection (a).

"(g) Initial Meeting of the Panel. - The panel shall conduct its

first meeting not later than 30 days after the date that all the

selections to the panel have been made.

"(h) Reports. - (1) Not later than 6 months after the date of the

first meeting of the panel, the panel shall submit to the President

and to Congress an initial report setting forth its findings,

conclusions, and recommendations for improving Federal, State, and

local domestic emergency preparedness to respond to incidents

involving weapons of mass destruction.

"(2) Not later than December 15 of each year, beginning in 1999

and ending in 2003, the panel shall submit to the President and to

the Congress a report setting forth its findings, conclusions, and

recommendations for improving Federal, State, and local domestic

emergency preparedness to respond to incidents involving weapons of

mass destruction.

"(i) Cooperation of Other Agencies. - (1) The panel may secure

directly from the Department of Defense, the Department of Energy,

the Department of Health and Human Services, the Department of

Justice, and the Federal Emergency Management Agency, or any other

Federal department or agency information that the panel considers

necessary for the panel to carry out its duties.

"(2) The Attorney General, the Secretary of Defense, the

Secretary of Energy, the Secretary of Health and Human Services,

the Director of the Federal Emergency Management Agency, and any

other official of the United States shall provide the panel with

full and timely cooperation in carrying out its duties under this

section.

"(j) Funding. - The Secretary of Defense shall provide the funds

necessary for the panel to carry out its duties from the funds

available to the Department of Defense for weapons of mass

destruction preparedness initiatives.

"(k) Compensation of Panel Members. - The provisions of paragraph

(4) of section 591(c) of the Foreign Operations, Export Financing,

and Related Programs Appropriations Act, 1999 (as contained in

section 101(d) of division A of the Omnibus Consolidated and

Emergency Supplemental Appropriations Act, 1999 (Public Law

105-277; 112 Stat. 2681-212)), shall apply to members of the panel

in the same manner as to members of the National Commission on

Terrorism under that paragraph.

"(l) Termination of the Panel. - The panel shall terminate five

years after the date of the appointment of the member selected as

chairman of the panel.

"(m) Definition. - In this section, the term 'weapon of mass

destruction' has the meaning given that term in section 1403(1) of

the Defense Against Weapons of Mass Destruction Act of 1996 (50

U.S.C. 2302(1))."

[Pub. L. 107-107, div. A, title XV, Sec. 1514(b)(2), Dec. 28,

2001, 115 Stat. 1274, provided that: "The amendment made by

paragraph (1) [amending section 1405(k) of Pub. L. 105-261, set out

above] shall apply with respect to periods of service on the

advisory panel under section 1405 of the Strom Thurmond National

Defense Authorization Act for Fiscal Year 1999 [Pub. L. 105-261] on

or after the date of the enactment of this Act [Dec. 28, 2001]."]

[For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.]

-End-

-CITE-

50 USC Sec. 2302 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

-HEAD-

Sec. 2302. Definitions

-STATUTE-

In this chapter:

(1) The term "weapon of mass destruction" means any weapon or

device that is intended, or has the capability, to cause death or

serious bodily injury to a significant number of people through

the release, dissemination, or impact of -

(A) toxic or poisonous chemicals or their precursors;

(B) a disease organism; or

(C) radiation or radioactivity.

(2) The term "independent states of the former Soviet Union"

has the meaning given that term in section 5801 of title 22.

(3) The term "highly enriched uranium" means uranium enriched

to 20 percent or more in the isotope U-235.

-SOURCE-

(Pub. L. 104-201, div. A, title XIV, Sec. 1403, Sept. 23, 1996, 110

Stat. 2717.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

title", meaning title XIV of div. A of Pub. L. 104-201, Sept. 23,

1996, 110 Stat. 2714, which is classified principally to this

chapter. For complete classification of title XIV to the Code, see

Short Title note set out under section 2301 of this title and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 12304; title 22

section 2794.

-End-

-CITE-

50 USC SUBCHAPTER I - DOMESTIC PREPAREDNESS 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER I - DOMESTIC PREPAREDNESS

-HEAD-

SUBCHAPTER I - DOMESTIC PREPAREDNESS

-End-

-CITE-

50 USC Sec. 2311 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER I - DOMESTIC PREPAREDNESS

-HEAD-

Sec. 2311. Response to threats of terrorist use of weapons of mass

destruction

-STATUTE-

(a) Enhanced response capability

In light of the potential for terrorist use of weapons of mass

destruction against the United States, the President shall take

immediate action -

(1) to enhance the capability of the Federal Government to

prevent and respond to terrorist incidents involving weapons of

mass destruction; and

(2) to provide enhanced support to improve the capabilities of

State and local emergency response agencies to prevent and

respond to such incidents at both the national and the local

level.

(b) Report required

Not later than January 31, 1997, the President shall transmit to

Congress a report containing -

(1) an assessment of the capabilities of the Federal Government

to prevent and respond to terrorist incidents involving weapons

of mass destruction and to support State and local prevention and

response efforts;

(2) requirements for improvements in those capabilities; and

(3) the measures that should be taken to achieve such

improvements, including additional resources and legislative

authorities that would be required.

-SOURCE-

(Pub. L. 104-201, div. A, title XIV, Sec. 1411, Sept. 23, 1996, 110

Stat. 2717.)

-End-

-CITE-

50 USC Sec. 2312 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER I - DOMESTIC PREPAREDNESS

-HEAD-

Sec. 2312. Emergency response assistance program

-STATUTE-

(a) Program required

(1) The Secretary of Defense shall carry out a program to provide

civilian personnel of Federal, State, and local agencies with

training and expert advice regarding emergency responses to a use

or threatened use of a weapon of mass destruction or related

materials.

(2) The President may designate the head of an agency other than

the Department of Defense to assume the responsibility for carrying

out the program on or after October 1, 1999, and relieve the

Secretary of Defense of that responsibility upon the assumption of

the responsibility by the designated official.

(3) In this section, the official responsible for carrying out

the program is referred to as the "lead official".

(b) Coordination

In carrying out the program, the lead official shall coordinate

with each of the following officials who is not serving as the lead

official:

(1) The Director of the Federal Emergency Management Agency.

(2) The Secretary of Energy.

(3) The Secretary of Defense.

(4) The heads of any other Federal, State, and local government

agencies that have an expertise or responsibilities relevant to

emergency responses described in subsection (a)(1) of this

section.

(c) Eligible participants

The civilian personnel eligible to receive assistance under the

program are civilian personnel of Federal, State, and local

agencies who have emergency preparedness responsibilities.

(d) Involvement of other Federal agencies

(1) The lead official may use personnel and capabilities of

Federal agencies outside the agency of the lead official to provide

training and expert advice under the program.

(2)(A) Personnel used under paragraph (1) shall be personnel who

have special skills relevant to the particular assistance that the

personnel are to provide.

(B) Capabilities used under paragraph (1) shall be capabilities

that are especially relevant to the particular assistance for which

the capabilities are used.

(3) If the lead official is not the Secretary of Defense, and

requests assistance from the Department of Defense that, in the

judgment of the Secretary of Defense would affect military

readiness or adversely affect national security, the Secretary of

Defense may appeal the request for Department of Defense assistance

by the lead official to the President.

(e) Available assistance

Assistance available under this program shall include the

following:

(1) Training in the use, operation, and maintenance of

equipment for -

(A) detecting a chemical or biological agent or nuclear

radiation;

(B) monitoring the presence of such an agent or radiation;

(C) protecting emergency personnel and the public; and

(D) decontamination.

(2) Establishment of a designated telephonic link (commonly

referred to as a "hot line") to a designated source of relevant

data and expert advice for the use of State or local officials

responding to emergencies involving a weapon of mass destruction

or related materials.

(3) Use of the National Guard and other reserve components for

purposes authorized under this section that are specified by the

lead official (with the concurrence of the Secretary of Defense

if the Secretary is not the lead official).

(4) Loan of appropriate equipment.

(5) A conveyance of ownership of United States property to a

State or local government, without cost and without regard to

subsection (f) of this section and title II of the Federal

Property and Administrative Services Act of 1949 (!1) (or any

other provision of law relating to the disposal of property of

the United States), if the property is equipment, or equipment

and related materials, that is in the possession of the State or

local government on December 28, 2001, pursuant to a loan of the

property as assistance under this section.

(f) Limitations on Department of Defense assistance to law

enforcement agencies

Assistance provided by the Department of Defense to law

enforcement agencies under this section shall be provided under the

authority of, and subject to the restrictions provided in, chapter

18 of title 10.

(g) Administration of Department of Defense assistance

The Secretary of Defense shall designate an official within the

Department of Defense to serve as the executive agent of the

Secretary for the coordination of the provision of Department of

Defense assistance under this section.

(h) Funding

(1) Of the total amount authorized to be appropriated under

section 301,(!1) $35,000,000 is available for the program required

under this section.

(2) Of the amount available for the program pursuant to paragraph

(1), $10,500,000 is available for use by the Secretary of Defense

to assist the Secretary of Health and Human Services in the

establishment of metropolitan emergency medical response teams

(commonly referred to as "Metropolitan Medical Strike Force Teams")

to provide medical services that are necessary or potentially

necessary by reason of a use or threatened use of a weapon of mass

destruction.

(3) The amount available for the program under paragraph (1) is

in addition to any other amounts authorized to be appropriated for

the program under section 301.(!1)

-SOURCE-

(Pub. L. 104-201, div. A, title XIV, Sec. 1412, Sept. 23, 1996, 110

Stat. 2718; Pub. L. 107-107, div. A, title XV, Sec. 1513, Dec. 28,

2001, 115 Stat. 1273.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (e)(5), is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Title II of the Act, which was classified

principally to subchapter II (Secs. 481, 483, 484, 485, 486, 487 to

490, 491, 492 et seq.) of chapter 10 and section 758 of former

Title 40, Public Buildings, Property, and Works, was repealed by

Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304, the

first section of which enacted Title 40, Public Buildings,

Property, and Works. For disposition of sections of former Title 40

to revised Title 40, see Table preceding section 101 of Title 40.

For complete classification of this Act to the Code, see Tables.

Section 301, referred to in subsec. (h)(1), (3), is section 301

of Pub. L. 104-201, div. A, title III, Sept. 23, 1996, 110 Stat.

2475, which is not classified to the Code.

-MISC1-

AMENDMENTS

2001 - Subsec. (e)(5). Pub. L. 107-107 added par. (5).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC2-

TRANSFER OF TECHNOLOGY ITEMS AND EQUIPMENT IN SUPPORT OF HOMELAND

SECURITY

Pub. L. 107-314, div. A, title XIV, Sec. 1401, Dec. 2, 2002, 116

Stat. 2674, provided that:

"(a) Responsible Senior Official. - The Secretary of Defense

shall designate a senior official of the Department of Defense to

coordinate all Department of Defense efforts to identify, evaluate,

deploy, and transfer to Federal, State, and local first responders

technology items and equipment in support of homeland security.

"(b) Duties. - The official designated pursuant to subsection (a)

shall -

"(1) identify technology items and equipment developed or being

developed by Department of Defense components that have the

potential to enhance public safety and improve homeland security;

"(2) cooperate with appropriate Federal Government officials

outside the Department of Defense to evaluate whether such

technology items and equipment would be useful to first

responders;

"(3) facilitate the timely transfer, through identification of

appropriate private sector manufacturers, of appropriate

technology items and equipment to Federal, State, and local first

responders, in coordination with appropriate Federal Government

officials outside the Department of Defense;

"(4) identify and eliminate redundant and unnecessary research

efforts within the Department of Defense with respect to

technologies to be deployed to first responders;

"(5) expedite the advancement of high priority Department of

Defense projects from research through implementation of initial

manufacturing; and

"(6) participate in outreach programs established by

appropriate Federal Government officials outside the Department

of Defense to communicate with first responders and to facilitate

awareness of available technology items and equipment to support

responses to crises.

"(c) Support Agreement. - The official designated pursuant to

subsection (a) shall enter into an appropriate agreement with a

nongovernment entity for such entity to assist the official

designated under subsection (a) in carrying out that official's

duties under this section. Any such agreement shall be entered into

using competitive procedures in compliance with applicable

requirements of law and regulation.

"(d) Report. - Not later than 180 days after the date of the

enactment of this Act [Dec. 2, 2002], the Secretary of Defense

shall submit to the congressional defense committees [Committees on

Armed Services and Appropriations of the Senate and the House of

Representatives] a report on the actions taken to carry out this

section. The report shall include the following:

"(1) Identification of the senior official designated pursuant

to subsection (a).

"(2) A summary of the actions taken or planned to be taken to

implement subsection (b), including a schedule for planned

actions.

"(3) An initial list of technology items and equipment

identified pursuant to subsection (b)(1), together with a summary

of any program schedule for the development, deployment, or

transfer of such items and equipment.

"(4) A description of any agreement entered into pursuant to

subsection (c)."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 2313 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER I - DOMESTIC PREPAREDNESS

-HEAD-

Sec. 2313. Nuclear, chemical, and biological emergency response

-STATUTE-

(a) Department of Defense

The Secretary of Defense shall designate an official within the

Department of Defense as the executive agent for -

(1) the coordination of Department of Defense assistance to

Federal, State, and local officials in responding to threats

involving biological or chemical weapons or related materials or

technologies, including assistance in identifying, neutralizing,

dismantling, and disposing of biological and chemical weapons and

related materials and technologies; and

(2) the coordination of Department of Defense assistance to the

Department of Energy in carrying out that department's

responsibilities under subsection (b) of this section.

(b) Department of Energy

The Secretary of Energy shall designate an official within the

Department of Energy as the executive agent for -

(1) the coordination of Department of Energy assistance to

Federal, State, and local officials in responding to threats

involving nuclear, chemical, and biological weapons or related

materials or technologies, including assistance in identifying,

neutralizing, dismantling, and disposing of nuclear weapons and

related materials and technologies; and

(2) the coordination of Department of Energy assistance to the

Department of Defense in carrying out that department's

responsibilities under subsection (a) of this section.

(c) Funding

Of the total amount authorized to be appropriated under section

301,(!1) $15,000,000 is available for providing assistance

described in subsection (a) of this section.

-SOURCE-

(Pub. L. 104-201, div. A, title XIV, Sec. 1413, Sept. 23, 1996, 110

Stat. 2719.)

-REFTEXT-

REFERENCES IN TEXT

Section 301, referred to in subsec. (c), is section 301 of Pub.

L. 104-201, div. A, title III, Sept. 23, 1996, 110 Stat. 2475,

which is not classified to the Code.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 2314 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER I - DOMESTIC PREPAREDNESS

-HEAD-

Sec. 2314. Chemical-biological emergency response team

-STATUTE-

(a) Department of Defense rapid response team

The Secretary of Defense shall develop and maintain at least one

domestic terrorism rapid response team composed of members of the

Armed Forces and employees of the Department of Defense who are

capable of aiding Federal, State, and local officials in the

detection, neutralization, containment, dismantlement, and disposal

of weapons of mass destruction containing chemical, biological, or

related materials.

(b) Addition to Federal response plan

Not later than December 31, 1997, the Director of the Federal

Emergency Management Agency shall develop and incorporate into

existing Federal emergency response plans and programs prepared

under section 5196(b) of title 42 guidance on the use and

deployment of the rapid response teams established under this

section to respond to emergencies involving weapons of mass

destruction. The Director shall carry out this subsection in

consultation with the Secretary of Defense and the heads of other

Federal agencies involved with the emergency response plans.

-SOURCE-

(Pub. L. 104-201, div. A, title XIV, Sec. 1414, Sept. 23, 1996, 110

Stat. 2720.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-End-

-CITE-

50 USC Sec. 2315 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER I - DOMESTIC PREPAREDNESS

-HEAD-

Sec. 2315. Testing of preparedness for emergencies involving

nuclear, radiological, chemical, and biological weapons

-STATUTE-

(a) Emergencies involving chemical or biological weapons

(1) The Secretary of Defense shall develop and carry out a

program for testing and improving the responses of Federal, State,

and local agencies to emergencies involving biological weapons and

related materials and emergencies involving chemical weapons and

related materials.

(2) The program shall include exercises to be carried out during

each of fiscal years 1997 through 2013.

(3) In developing and carrying out the program, the Secretary

shall coordinate with the Director of the Federal Bureau of

Investigation, the Director of the Federal Emergency Management

Agency, the Secretary of Energy, and the heads of any other

Federal, State, and local government agencies that have an

expertise or responsibilities relevant to emergencies described in

paragraph (1).

(b) Emergencies involving nuclear and radiological weapons

(1) The Secretary of Energy shall develop and carry out a program

for testing and improving the responses of Federal, State, and

local agencies to emergencies involving nuclear and radiological

weapons and related materials.

(2) The program shall include exercises to be carried out during

each of fiscal years 1997 through 2013.

(3) In developing and carrying out the program, the Secretary

shall coordinate with the Director of the Federal Bureau of

Investigation, the Director of the Federal Emergency Management

Agency, the Secretary of Defense, and the heads of any other

Federal, State, and local government agencies that have an

expertise or responsibilities relevant to emergencies described in

paragraph (1).

(c) Annual revisions of programs

The official responsible for carrying out a program developed

under subsection (a) or (b) of this section shall revise the

program not later than June 1 in each fiscal year covered by the

program. The revisions shall include adjustments that the official

determines necessary or appropriate on the basis of the lessons

learned from the exercise or exercises carried out under the

program in the fiscal year, including lessons learned regarding

coordination problems and equipment deficiencies.

(d) Option to transfer responsibility

(1) The President may designate the head of an agency outside the

Department of Defense to assume the responsibility for carrying out

the program developed under subsection (a) of this section

beginning on or after October 1, 1999, and relieve the Secretary of

Defense of that responsibility upon the assumption of the

responsibility by the designated official.

(2) The President may designate the head of an agency outside the

Department of Energy to assume the responsibility for carrying out

the program developed under subsection (b) of this section

beginning on or after October 1, 1999, and relieve the Secretary of

Energy of that responsibility upon the assumption of the

responsibility by the designated official.

(e) Funding

Of the total amount authorized to be appropriated under section

301,(!1) $15,000,000 is available for the development and execution

of the programs required by this section, including the

participation of State and local agencies in exercises carried out

under the programs.

-SOURCE-

(Pub. L. 104-201, div. A, title XIV, Sec. 1415, Sept. 23, 1996, 110

Stat. 2720; Pub. L. 107-314, div. C, title XXXI, Sec. 3154(a), Dec.

2, 2002, 116 Stat. 2738.)

-REFTEXT-

REFERENCES IN TEXT

Section 301, referred to in subsec. (e), is section 301 of Pub.

L. 104-201, div. A, title III, Sept. 23, 1996, 110 Stat. 2475,

which is not classified to the Code.

-MISC1-

AMENDMENTS

2002 - Subsecs. (a)(2), (b)(2). Pub. L. 107-314 substituted "of

fiscal years 1997 through 2013" for "of five successive fiscal

years beginning with fiscal year 1997".

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-MISC2-

CONSTRUCTION OF EXTENSION WITH DESIGNATION OF ATTORNEY GENERAL AS

LEAD OFFICIAL

Pub. L. 107-314, div. C, title XXXI, Sec. 3154(b), Dec. 2, 2002,

116 Stat. 2738, provided that: "The amendments made by subsection

(a) [amending this section] may not be construed as modifying the

designation of the President titled 'Designation of the Attorney

General as the Lead Official for the Emergency Response Assistance

Program Under Sections 1412 and 1415 of the National Defense

Authorization Act for Fiscal Year 1997', dated April 6, 2000,

designating the Attorney General to assume programmatic and funding

responsibilities for the Emergency Response Assistance Program

under sections 1412 and 1415 of the Defense Against Weapons of Mass

Destruction Act of 1996 (title XIV of the National Defense

Authorization Act for Fiscal Year 1997) [50 U.S.C. 2312, 2315]."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 2316 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER I - DOMESTIC PREPAREDNESS

-HEAD-

Sec. 2316. Actions to increase civilian expertise

-STATUTE-

(a) to (c) Omitted

(d) Civilian expertise

The President shall take reasonable measures to reduce the

reliance of civilian law enforcement officials on Department of

Defense resources to counter the threat posed by the use or

potential use of biological and chemical weapons of mass

destruction within the United States. The measures shall include -

(1) actions to increase civilian law enforcement expertise to

counter such a threat; and

(2) actions to improve coordination between civilian law

enforcement officials and other civilian sources of expertise,

within and outside the Federal Government, to counter such a

threat.

(e) Reports

The President shall submit to Congress the following reports:

(1) Not later than 90 days after September 23, 1996, a report

describing the respective policy functions and operational roles

of Federal agencies in countering the threat posed by the use or

potential use of biological and chemical weapons of mass

destruction within the United States.

(2) Not later than one year after September 23, 1996, a report

describing -

(A) the actions planned to be taken to carry out subsection

(d) of this section; and

(B) the costs of such actions.

(3) Not later than three years after September 23, 1996, a

report updating the information provided in the reports submitted

pursuant to paragraphs (1) and (2), including the measures taken

pursuant to subsection (d) of this section.

-SOURCE-

(Pub. L. 104-201, div. A, title XIV, Sec. 1416, Sept. 23, 1996, 110

Stat. 2721.)

-COD-

CODIFICATION

Section is comprised of subsecs. (d) and (e) of section 1416 of

Pub. L. 104-201. Subsecs. (a) to (c) of section 1416 enacted

section 382 of Title 10, Armed Forces, and sections 175a and 2332d

of Title 18, Crimes and Criminal Procedure, and amended section 372

of Title 10.

-End-

-CITE-

50 USC Sec. 2317 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER I - DOMESTIC PREPAREDNESS

-HEAD-

Sec. 2317. Rapid response information system

-STATUTE-

(a) Inventory of rapid response assets

(1) The head of each Federal Response Plan agency shall develop

and maintain an inventory of physical equipment and assets under

the jurisdiction of that agency that could be made available to aid

State and local officials in search and rescue and other disaster

management and mitigation efforts associated with an emergency

involving weapons of mass destruction. The agency head shall submit

a copy of the inventory, and any updates of the inventory, to the

Director of the Federal Emergency Management Agency for inclusion

in the master inventory required under subsection (b) of this

section.

(2) Each inventory shall include a separate listing of any

equipment that is excess to the needs of that agency and could be

considered for disposal as excess or surplus property for use for

response and training with regard to emergencies involving weapons

of mass destruction.

(b) Master inventory

The Director of the Federal Emergency Management Agency shall

compile and maintain a comprehensive listing of all inventories

prepared under subsection (a) of this section. The first such

master list shall be completed not later than December 31, 1997,

and shall be updated annually thereafter.

(c) Addition to Federal response plan

Not later than December 31, 1997, the Director of the Federal

Emergency Management Agency shall develop and incorporate into

existing Federal emergency response plans and programs prepared

under section 5196(b) of title 42 guidance on accessing and using

the physical equipment and assets included in the master list

developed under subsection (!1) to respond to emergencies involving

weapons of mass destruction.

(d) Database on chemical and biological materials

The Director of the Federal Emergency Management Agency, in

consultation with the Secretary of Defense, shall prepare a

database on chemical and biological agents and munitions

characteristics and safety precautions for civilian use. The

initial design and compilation of the database shall be completed

not later than December 31, 1997.

(e) Access to inventory and database

The Director of the Federal Emergency Management Agency shall

design and maintain a system to give Federal, State, and local

officials access to the inventory listing and database maintained

under this section in the event of an emergency involving weapons

of mass destruction or to prepare and train to respond to such an

emergency. The system shall include a secure but accessible

emergency response hotline to access information and request

assistance.

-SOURCE-

(Pub. L. 104-201, div. A, title XIV, Sec. 1417, Sept. 23, 1996, 110

Stat. 2724.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-FOOTNOTE-

(!1) So in original. Probably should be "subsection (b) of this

section".

-End-

-CITE-

50 USC SUBCHAPTER II - INTERDICTION OF WEAPONS OF MASS

DESTRUCTION AND RELATED MATERIALS 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER II - INTERDICTION OF WEAPONS OF MASS DESTRUCTION AND

RELATED MATERIALS

-HEAD-

SUBCHAPTER II - INTERDICTION OF WEAPONS OF MASS DESTRUCTION AND

RELATED MATERIALS

-End-

-CITE-

50 USC Sec. 2331 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER II - INTERDICTION OF WEAPONS OF MASS DESTRUCTION AND

RELATED MATERIALS

-HEAD-

Sec. 2331. Procurement of detection equipment for United States

border security

-STATUTE-

Of the amount authorized to be appropriated by section 301,(!1)

$15,000,000 is available for the procurement of -

(1) equipment capable of detecting the movement of weapons of

mass destruction and related materials into the United States;

(2) equipment capable of interdicting the movement of weapons

of mass destruction and related materials into the United States;

and

(3) materials and technologies related to use of equipment

described in paragraph (1) or (2).

-SOURCE-

(Pub. L. 104-201, div. A, title XIV, Sec. 1421, Sept. 23, 1996, 110

Stat. 2725.)

-REFTEXT-

REFERENCES IN TEXT

Section 301, referred to in text, is section 301 of Pub. L.

104-201, div. A, title III, Sept. 23, 1996, 110 Stat. 2475, which

is not classified to the Code.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 2332 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER II - INTERDICTION OF WEAPONS OF MASS DESTRUCTION AND

RELATED MATERIALS

-HEAD-

Sec. 2332. Sense of Congress concerning criminal penalties

-STATUTE-

(a) Sense of Congress concerning inadequacy of sentencing

guidelines

It is the sense of Congress that the sentencing guidelines

prescribed by the United States Sentencing Commission for the

offenses of importation, attempted importation, exportation, and

attempted exportation of nuclear, biological, and chemical weapons

materials constitute inadequate punishment for such offenses.

(b) Urging of revision to guidelines

Congress urges the United States Sentencing Commission to revise

the relevant sentencing guidelines to provide for increased

penalties for offenses relating to importation, attempted

importation, exportation, and attempted exportation of nuclear,

biological, or chemical weapons or related materials or

technologies under the following provisions of law:

(1) Section 2410 of the Appendix to this title.

(2) Sections 2778 and 2780 of title 22.

(3) The International Emergency Economic Powers Act (50 U.S.C.

1701 et seq.).

(4) Section 2139a(c) of title 42.

-SOURCE-

(Pub. L. 104-201, div. A, title XIV, Sec. 1423, Sept. 23, 1996, 110

Stat. 2725; Pub. L. 105-261, div. A, title X, Sec. 1069(c)(1), Oct.

17, 1998, 112 Stat. 2136.)

-REFTEXT-

REFERENCES IN TEXT

The International Emergency Economic Powers Act, referred to in

subsec. (b)(3), is title II of Pub. L. 95-223, Dec. 28, 1977, 91

Stat. 1626, which is classified generally to chapter 35 (Sec. 1701

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 1701 of this

title and Tables.

-COD-

CODIFICATION

Section is comprised of section 1423 of Pub. L. 104-201 which

also enacted provisions listed in a table of provisions for review,

promulgation, or amendment of Federal sentencing guidelines

relating to specific offenses set out under section 994 of Title

28, Judiciary and Judicial Procedure.

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(4). Pub. L. 105-261 made technical amendment

to reference in original act which appears in text as reference to

section 2139a(c) of title 42.

-End-

-CITE-

50 USC Sec. 2333 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER II - INTERDICTION OF WEAPONS OF MASS DESTRUCTION AND

RELATED MATERIALS

-HEAD-

Sec. 2333. International border security

-STATUTE-

(a) Secretary of Defense responsibility

The Secretary of Defense, in consultation and cooperation with

the Commissioner of Customs, shall carry out programs for assisting

customs officials and border guard officials in the independent

states of the former Soviet Union, the Baltic states, and other

countries of Eastern Europe in preventing unauthorized transfer and

transportation of nuclear, biological, and chemical weapons and

related materials. Training, expert advice, maintenance of

equipment, loan of equipment, and audits may be provided under or

in connection with the programs.

(b) Funding

Of the total amount authorized to be appropriated by section

301,(!1) $15,000,000 is available for carrying out the programs

referred to in subsection (a) of this section.

(c) Assistance to states of former Soviet Union

Assistance under programs referred to in subsection (a) of this

section may (notwithstanding any provision of law prohibiting the

extension of foreign assistance to any of the newly independent

states of the former Soviet Union) be extended to include an

independent state of the former Soviet Union if the President

certifies to Congress that it is in the national interest of the

United States to extend assistance under this section to that

state.

-SOURCE-

(Pub. L. 104-201, div. A, title XIV, Sec. 1424, Sept. 23, 1996, 110

Stat. 2726.)

-REFTEXT-

REFERENCES IN TEXT

Section 301, referred to in subsec. (b), is section 301 of Pub.

L. 104-201, div. A, title III, Sept. 23, 1996, 110 Stat. 2475,

which is not classified to the Code.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-EXEC-

DELEGATION OF AUTHORITY

Memorandum of President of the United States, July 24, 1997, 62

F.R. 40727, provided:

Memorandum for the Secretary of Defense

By the authority vested in me by the Constitution and the laws of

the United States of America, including section 301 of title 3 of

the United States Code, I hereby delegate to you, in consultation

with the Secretary of State, the authority vested in the President

under section 1424(c) of the National Defense Authorization Act for

Fiscal Year 1997 (Public Law 104-201) [50 U.S.C. 2333(c)].

You are authorized and directed to publish this memorandum in the

Federal Register.

William J. Clinton.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC SUBCHAPTER III - CONTROL AND DISPOSITION OF

WEAPONS OF MASS DESTRUCTION AND RELATED

MATERIALS THREATENING THE UNITED STATES 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER III - CONTROL AND DISPOSITION OF WEAPONS OF MASS

DESTRUCTION AND RELATED MATERIALS THREATENING THE UNITED

STATES

-HEAD-

SUBCHAPTER III - CONTROL AND DISPOSITION OF WEAPONS OF MASS

DESTRUCTION AND RELATED MATERIALS THREATENING THE UNITED STATES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 2361 of this title.

-End-

-CITE-

50 USC Sec. 2341 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER III - CONTROL AND DISPOSITION OF WEAPONS OF MASS

DESTRUCTION AND RELATED MATERIALS THREATENING THE UNITED

STATES

-HEAD-

Sec. 2341. Elimination of plutonium production

-STATUTE-

(a) Replacement program

The Secretary of Energy, in consultation with the Secretary of

Defense, shall develop a cooperative program with the Government of

Russia to eliminate the production of weapons grade plutonium by

modifying or replacing the reactor cores at Tomsk-7 and

Krasnoyarsk-26 with reactor cores that are less suitable for the

production of weapons-grade plutonium.

(b) Program requirements

(1) The program shall be designed to achieve completion of the

modifications or replacements of the reactor cores within three

years after the modification or replacement activities under the

program are begun.

(2) The plan for the program shall -

(A) specify -

(i) successive steps for the modification or replacement of

the reactor cores; and

(ii) clearly defined milestones to be achieved; and

(B) include estimates of the costs of the program.

(c) Submission of program plan to Congress

Not later than 180 days after September 23, 1996, the Secretary

of Defense shall submit to Congress -

(1) a plan for the program under subsection (a) of this

section;

(2) an estimate of the United States funding that is necessary

for carrying out the activities under the program for each fiscal

year covered by the program; and

(3) a comparison of the benefits of the program with the

benefits of other nonproliferation programs.

-SOURCE-

(Pub. L. 104-201, div. A, title XIV, Sec. 1432, Sept. 23, 1996, 110

Stat. 2726.)

-End-

-CITE-

50 USC Sec. 2342 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER III - CONTROL AND DISPOSITION OF WEAPONS OF MASS

DESTRUCTION AND RELATED MATERIALS THREATENING THE UNITED

STATES

-HEAD-

Sec. 2342. Cooperative program on research, development, and

demonstration of technology regarding nuclear or radiological

terrorism

-STATUTE-

(a) Program required

The Administrator for Nuclear Security shall carry out with the

Russian Federation a cooperative program on the research,

development, and demonstration of technologies for protection from

and response to nuclear or radiological terrorism.

(b) Program elements

In carrying out the program required by subsection (a) of this

section, the Administrator shall -

(1) conduct research and development of technology for

protection from nuclear or radiological terrorism, including

technology for the detection, identification, assessment,

control, and disposition of radiological materials that could be

used for nuclear terrorism; and

(2) provide, where feasible, for the demonstration to other

countries of technologies or methodologies on matters relating to

nuclear or radiological terrorism, including -

(A) the demonstration of technologies developed under the

program to respond to nuclear or radiological terrorism;

(B) the demonstration of technologies developed under the

program for the disposal of radioactive materials;

(C) the demonstration of methodologies developed under the

program for use in evaluating the radiological threat of

radiological sources identified as not under current accounting

programs in the audit report of the Inspector General of the

Department of Energy titled "Accounting for Sealed Sources of

Nuclear Material Provided to Foreign Countries" (DOE/IG-0546);

(D) in coordination with the Nuclear Regulatory Commission,

the demonstration of methodologies developed under the program

to facilitate the development of a regulatory framework for

licensing and controlling radioactive sources; and

(E) in coordination with the Office of Environment, Safety,

and Health of the Department of Energy, the demonstration of

methodologies developed under the program to facilitate

development of consistent criteria for screening international

transfers of radiological materials.

(c) Consultation

In carrying out activities in accordance with subsection (b)(2)

of this section, the Administrator shall consult with -

(1) the Secretary of Defense, Secretary of State, and Secretary

of Commerce; and

(2) the International Atomic Energy Agency.

(d) Amount for activities

Of the amount authorized to be appropriated by section 3101(a)(2)

(!1) for the Department of Energy for the National Nuclear Security

Administration for defense nuclear nonproliferation, up to

$15,000,000 may be available for carrying out this section.

-SOURCE-

(Pub. L. 107-314, div. C, title XXXI, Sec. 3155, Dec. 2, 2002, 116

Stat. 2739.)

-REFTEXT-

REFERENCES IN TEXT

Section 3101(a)(2), referred to in subsec. (d), is section

3101(a)(2) of Pub. L. 107-314, div. C, title XXXI, Dec. 2, 2002,

116 Stat. 2729, which is not classified to the Code.

-COD-

CODIFICATION

Section was enacted as part of the Bob Stump National Defense

Authorization Act for Fiscal Year 2003, and not as part of the

Defense Against Weapons of Mass Destruction Act of 1996 which

comprises this chapter.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 2343 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER III - CONTROL AND DISPOSITION OF WEAPONS OF MASS

DESTRUCTION AND RELATED MATERIALS THREATENING THE UNITED

STATES

-HEAD-

Sec. 2343. Matters relating to the international materials

protection, control, and accounting program of the Department of

Energy

-STATUTE-

(a) Radiological dispersal device materials protection, control,

and accounting

The Secretary of Energy may establish within the International

Materials Protection, Control, and Accounting program of the

Department of Energy a program on the protection, control, and

accounting of materials usable in radiological dispersal devices.

In establishing such program, the Secretary shall -

(1) identify the sites and radiological materials to be covered

by such program;

(2) carry out a risk assessment of such radiological materials;

and

(3) identify and establish the costs of and schedules for such

program.

(b) Revised focus for materials protection, control, and accounting

program of Russian Federation

(1) The Secretary of Energy shall work cooperatively with the

Russian Federation to develop, as soon as practicable but not later

than January 1, 2013, a sustainable nuclear materials protection,

control, and accounting system for the nuclear materials of the

Russian Federation that is supported solely by the Russian

Federation.

(2) The Secretary shall work with the Russian Federation to

identify various alternatives to provide the United States adequate

transparency in the nuclear materials protection, control, and

accounting program of the Russian Federation to assure that such

program is meeting applicable goals for nuclear materials

protection, control, and accounting.

(c) Amount for activities

Of the amount authorized to be appropriated by section 3101(a)(2)

(!1) for the Department of Energy for the National Nuclear Security

Administration for defense nuclear nonproliferation, up to

$5,000,000 may be available for carrying out this section.

-SOURCE-

(Pub. L. 107-314, div. C, title XXXI, Sec. 3156, Dec. 2, 2002, 116

Stat. 2739.)

-REFTEXT-

REFERENCES IN TEXT

Section 3101(a)(2), referred to in subsec. (c), is section

3101(a)(2) of Pub. L. 107-314, div. C, title XXXI, Dec. 2, 2002,

116 Stat. 2729, which is not classified to the Code.

-COD-

CODIFICATION

Section was enacted as part of the Bob Stump National Defense

Authorization Act for Fiscal Year 2003, and not as part of the

Defense Against Weapons of Mass Destruction Act of 1996 which

comprises this chapter.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 2344 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER III - CONTROL AND DISPOSITION OF WEAPONS OF MASS

DESTRUCTION AND RELATED MATERIALS THREATENING THE UNITED

STATES

-HEAD-

Sec. 2344. Strengthened international security for nuclear

materials and security of nuclear operations

-STATUTE-

(a) Report on options for international program to strengthen

security

(1) Not later than 270 days after December 2, 2002, the Secretary

of Energy shall submit to Congress a report on options for an

international program to develop strengthened security for nuclear

reactors and associated materials outside the United States.

(2) In evaluating options for purposes of the report, the

Secretary shall consult with the Nuclear Regulatory Commission and

the International Atomic Energy Agency on the feasibility and

advisability of actions to reduce the risks associated with

terrorist attacks on nuclear reactors outside the United States.

(b) Joint programs with Russia on proliferation-resistant nuclear

energy technologies

(1) The Secretary shall pursue with the Ministry of Atomic Energy

of the Russian Federation joint programs between the United States

and the Russian Federation on the development of

proliferation-resistant nuclear energy technologies, including

advanced fuel cycles.

(2) Of the amount authorized to be appropriated by section

3101(a)(2) (!1) for the Department of Energy for the National

Nuclear Security Administration for defense nuclear

nonproliferation, up to $10,000,000 may be available for carrying

out the joint programs referred to in paragraph (1).

(c) Assistance regarding hostile insiders

The Secretary may, utilizing appropriate expertise of the

Department of Energy and the Nuclear Regulatory Commission, provide

technical assistance to nuclear reactor facilities outside the

United States with respect to the interdiction of hostile insiders

at such facilities in order to prevent incidents arising from the

disablement of the vital systems of such facilities.

-SOURCE-

(Pub. L. 107-314, div. C, title XXXI, Sec. 3158, Dec. 2, 2002, 116

Stat. 2741.)

-REFTEXT-

REFERENCES IN TEXT

Section 3101(a)(2), referred to in subsec. (b)(2), is section

3101(a)(2) of Pub. L. 107-314, div. C, title XXXI, Dec. 2, 2002,

116 Stat. 2729, which is not classified to the Code.

-COD-

CODIFICATION

Section was enacted as part of the Bob Stump National Defense

Authorization Act for Fiscal Year 2003, and not as part of the

Defense Against Weapons of Mass Destruction Act of 1996 which

comprises this chapter.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 2345 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER III - CONTROL AND DISPOSITION OF WEAPONS OF MASS

DESTRUCTION AND RELATED MATERIALS THREATENING THE UNITED

STATES

-HEAD-

Sec. 2345. Export control programs

-STATUTE-

(a) Authority to pursue options for strengthening export control

programs

The Secretary of Energy, in coordination with the Secretary of

State, may pursue in the region of the former Soviet Union and

other regions of concern options for accelerating programs that

assist the countries in such regions in improving their domestic

export control programs for materials, technologies, and expertise

relevant to the construction or use of a nuclear or radiological

dispersal device.

(b) Amount for activities

Of the amount authorized to be appropriated by section 3101(a)(2)

(!1) for the Department of Energy for the National Nuclear Security

Administration for defense nuclear nonproliferation, up to

$5,000,000 may be available for carrying out this section.

-SOURCE-

(Pub. L. 107-314, div. C, title XXXI, Sec. 3159, Dec. 2, 2002, 116

Stat. 2741.)

-REFTEXT-

REFERENCES IN TEXT

Section 3101(a)(2), referred to in subsec. (b), is section

3101(a)(2) of Pub. L. 107-314, div. C, title XXXI, Dec. 2, 2002,

116 Stat. 2729, which is not classified to the Code.

-COD-

CODIFICATION

Section was enacted as part of the Bob Stump National Defense

Authorization Act for Fiscal Year 2003, and not as part of the

Defense Against Weapons of Mass Destruction Act of 1996 which

comprises this chapter.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC SUBCHAPTER IV - COORDINATION OF POLICY AND

COUNTERMEASURES AGAINST PROLIFERATION OF

WEAPONS OF MASS DESTRUCTION 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER IV - COORDINATION OF POLICY AND COUNTERMEASURES AGAINST

PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

-HEAD-

SUBCHAPTER IV - COORDINATION OF POLICY AND COUNTERMEASURES AGAINST

PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

-End-

-CITE-

50 USC Sec. 2351 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER IV - COORDINATION OF POLICY AND COUNTERMEASURES AGAINST

PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

-HEAD-

Sec. 2351. National coordinator on nonproliferation

-STATUTE-

(a) Designation of position

The President shall designate an individual to serve in the

Executive Office of the President as the National Coordinator for

Nonproliferation Matters.

(b) Duties

The Coordinator, under the direction of the National Security

Council, shall advise and assist the President by -

(1) advising the President on nonproliferation of weapons of

mass destruction, including issues related to terrorism, arms

control, and international organized crime;

(2) chairing the Committee on Nonproliferation of the National

Security Council; and

(3) taking such actions as are necessary to ensure that there

is appropriate emphasis in, cooperation on, and coordination of,

nonproliferation research efforts of the United States, including

activities of Federal agencies as well as activities of

contractors funded by the Federal Government.

(c) Allocation of funds

Of the total amount authorized to be appropriated under section

301,(!1) $2,000,000 is available to the Department of Defense for

carrying out research referred to in subsection (b)(3) of this

section.

-SOURCE-

(Pub. L. 104-201, div. A, title XIV, Sec. 1441, Sept. 23, 1996, 110

Stat. 2727; Pub. L. 105-261, div. A, title X, Sec. 1069(c)(2), Oct.

17, 1998, 112 Stat. 2136.)

-REFTEXT-

REFERENCES IN TEXT

Section 301, referred to in subsec. (c), is section 301 of Pub.

L. 104-201, div. A, title III, Sept. 23, 1996, 110 Stat. 2475,

which is not classified to the Code.

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(2). Pub. L. 105-261 substituted "of the

National Security Council" for "established under section 1342".

COMMISSION TO ASSESS ORGANIZATION OF FEDERAL GOVERNMENT TO COMBAT

PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

Pub. L. 104-293, title VII, subtitle A, Oct. 11, 1996, 110 Stat.

3470, as amended by Pub. L. 105-277, div. A, Sec. 101(f) [title

VII, Sec. 708], Oct. 21, 1998, 112 Stat. 2681-337, 2681-390,

provided that:

"SEC. 711. ESTABLISHMENT OF COMMISSION.

"(a) Establishment. - There is established a commission to be

known as the Commission to Assess the Organization of the Federal

Government to Combat the Proliferation of Weapons of Mass

Destruction (in this subtitle [subtitle A (Secs. 711-717) of title

VII of Pub. L. 104-293] referred to as the 'Commission').

"(b) Membership. - The Commission shall be composed of twelve

members, none of whom may, during the period of their service on

the Commission, be an officer or employee of any department,

agency, or other establishment of the Executive Branch (other than

the Commission), and of whom -

"(1) four shall be appointed by the President;

"(2) three shall be appointed by the Majority Leader of the

Senate;

"(3) one shall be appointed by the Minority Leader of the

Senate;

"(4) three shall be appointed by the Speaker of the House of

Representatives; and

"(5) one shall be appointed by the Minority Leader of the House

of Representatives.

"(c) Qualifications of Members. - (1) To the maximum extent

practicable, the individuals appointed as members of the Commission

shall be individuals who are nationally recognized for expertise

regarding -

"(A) the nonproliferation of weapons of mass destruction;

"(B) the efficient and effective implementation of United

States nonproliferation policy; or

"(C) the implementation, funding, or oversight of the national

security policies of the United States.

"(2) An official who appoints members of the Commission may not

appoint an individual as a member if, in the judgment of the

official, the individual possesses any personal or financial

interest in the discharge of any of the duties of the Commission.

"(d) Period of Appointment; Vacancies. - Members shall be

appointed for the life of the Commission. Any vacancy in the

Commission shall not affect its powers, but shall be filled in the

same manner as the original appointment.

"(e) Initial Meeting. - Not later than 30 days after the date of

enactment of an Act making appropriations for the Departments of

Labor, Health and Human Services, and Education, and related

agencies, for the fiscal year ending September 30, 1999 [Oct. 21,

1998], regardless of whether all the members of the Commission have

been appointed as of that date,,[sic] the Commission shall hold its

first meeting.

"(f) Quorum. - A majority of the members of the Commission shall

constitute a quorum, but a lesser number of members may hold

hearings.

"(g) Chairman and Vice Chairman. - The Commission shall select a

Chairman and Vice Chairman from among its members.

"(h) Meetings. - The Commission shall meet at the call of the

Chairman.

"SEC. 712. DUTIES OF COMMISSION.

"(a) Study. -

"(1) In general. - The Commission shall carry out a thorough

study of the organization of the Federal Government, including

the elements of the intelligence community, with respect to

combatting the proliferation of weapons of mass destruction.

"(2) Specific requirements. - In carrying out the study, the

Commission shall -

"(A) assess the current structure and organization of the

departments and agencies of the Federal Government having

responsibilities for combatting the proliferation of weapons of

mass destruction; and

"(B) assess the effectiveness of United States cooperation

with foreign governments with respect to nonproliferation

activities, including cooperation -

"(i) between elements of the intelligence community and

elements of the intelligence-gathering services of foreign

governments;

"(ii) between other departments and agencies of the Federal

Government and the counterparts to such departments and

agencies in foreign governments; and

"(iii) between the Federal Government and international

organizations.

"(3) Assessments. - In making the assessments under paragraph

(2), the Commission should address -

"(A) the organization of the export control activities

(including licensing and enforcement activities) of the Federal

Government relating to the proliferation of weapons of mass

destruction;

"(B) arrangements for coordinating the funding of United

States nonproliferation activities;

"(C) existing arrangements governing the flow of information

among departments and agencies of the Federal Government

responsible for nonproliferation activities;

"(D) the effectiveness of the organization and function of

interagency groups in ensuring implementation of United States

treaty obligations, laws, and policies with respect to

nonproliferation;

"(E) the administration of sanctions for purposes of

nonproliferation, including the measures taken by departments

and agencies of the Federal Government to implement, assess,

and enhance the effectiveness of such sanctions;

"(F) the organization, management, and oversight of United

States counterproliferation activities;

"(G) the recruitment, training, morale, expertise, retention,

and advancement of Federal Government personnel responsible for

the nonproliferation functions of the Federal Government,

including any problems in such activities;

"(H) the role in United States nonproliferation activities of

the National Security Council, the Office of Management and

Budget, the Office of Science and Technology Policy, and other

offices in the Executive Office of the President having

responsibilities for such activities;

"(I) the organization of the activities of the Federal

Government to verify government-to-government assurances and

commitments with respect to nonproliferation, including

assurances regarding the future use of commodities exported

from the United States; and

"(J) the costs and benefits to the United States of increased

centralization and of decreased centralization in the

administration of the nonproliferation activities of the

Federal Government.

"(4) Restrictions. - In carrying out the study under paragraph

(1), making the assessments under paragraph (2), and addressing

the matters identified in paragraph (3), the Commission shall not

review, evaluate, or report on -

"(A) United States domestic response capabilities with

respect to weapons of mass destruction; or

"(B) the adequacy or usefulness of United States laws that

provide for the imposition of sanctions on countries or

entities that engage in the proliferation of weapons of mass

destruction.

"(b) Recommendations. - In conducting the study, the Commission

shall develop recommendations on means of improving the

effectiveness of the organization of the departments and agencies

of the Federal Government in meeting the national security

interests of the United States with respect to the proliferation of

weapons of mass destruction. Such recommendations shall include

specific recommendations to eliminate duplications of effort, and

other inefficiencies, in and among such departments and agencies.

"(c) Report. - (1) Not later than 18 months after January 18,

1998, the Commission shall submit to Congress a report containing a

detailed statement of the findings and conclusions of the

Commission, together with its recommendations for such legislation

and administrative actions as it considers appropriate.

"(2) The report shall be submitted in unclassified form, but may

include a classified annex.

"SEC. 713. POWERS OF COMMISSION.

"(a) Hearings. - The Commission may hold such hearings, sit and

act at such times and places, take such testimony, and receive such

evidence as the Commission considers advisable to carry out the

purposes of this subtitle.

"(b) Information From Federal Agencies. -

"(1) In general. - The Commission may secure directly from any

Federal department or agency such information as the Commission

considers necessary to carry out the provisions of this subtitle.

Upon request of the Chairman of the Commission, the head of such

department or agency shall furnish such information to the

Commission.

"(2) Classified information. - A department or agency may

furnish the Commission classified information under this

subsection. The Commission shall take appropriate actions to

safeguard classified information furnished to the Commission

under this paragraph.

"(c) Postal Services. - The Commission may use the United States

mails in the same manner and under the same conditions as other

departments and agencies of the Federal Government.

"(d) Gifts. - The Commission may accept, use, and dispose of

gifts or donations of services or property.

"SEC. 714. COMMISSION PERSONNEL MATTERS.

"(a) Compensation of Members. - Each member of the Commission who

is not an officer or employee of the Federal Government shall be

compensated at a rate equal to the daily equivalent of the annual

rate of basic pay prescribed for level IV of the Executive Schedule

under section 5315 of title 5, United States Code, for each day

(including travel time) during which such member is engaged in the

performance of the duties of the Commission. All members of the

Commission who are officers or employees of the United States shall

serve without compensation in addition to that received for their

services as officers or employees of the United States.

"(b) Travel Expenses. - The members of the Commission shall be

allowed travel expenses, including per diem in lieu of subsistence,

at rates authorized for employees of agencies under subchapter I of

chapter 57 of title 5, United States Code, while away from their

homes or regular places of business in the performance of services

for the Commission.

"(c) Staff. -

"(1) In general. - The Chairman of the Commission may, without

regard to the civil service laws and regulations, appoint and

terminate an executive director and such other additional

personnel as may be necessary to enable the Commission to perform

its duties. The employment of an executive director shall be

subject to confirmation by the Commission.

"(2) Compensation. - The Chairman of the Commission may fix the

compensation of the executive director and other personnel

without regard to the provisions of chapter 51 and subchapter III

of chapter 53 of title 5, United States Code, relating to

classification of positions and General Schedule pay rates,

except that the rate of pay for the executive director and other

personnel may not exceed the rate payable for level V of the

Executive Schedule under section 5316 of such title.

"(d) Detail of Government Employees. - Any Federal Government

employee may be detailed to the Commission without reimbursement,

and such detail shall be without interruption or loss of civil

service status or privilege.

"(e) Procurement of Temporary and Intermittent Services. - The

Chairman of the Commission may procure temporary and intermittent

services under section 3109(b) of title 5, United States Code, at

rates for individuals which do not exceed the daily equivalent of

the annual rate of basic pay prescribed for level V of the

Executive Schedule under section 5316 of such title.

"SEC. 715. TERMINATION OF COMMISSION.

"The Commission shall terminate 60 days after the date on which

the Commission submits its report under section 712(c).

"SEC. 716. DEFINITION.

"For purposes of this subtitle, the term 'intelligence community'

shall have the meaning given such term in section 3(4) of the

National Security Act of 1947 (50 U.S.C. 401a(4)).

"SEC. 717. PAYMENT OF COMMISSION EXPENSES.

"The compensation, travel expenses, per diem allowances of

members and employees of the Commission, and other expenses of the

Commission shall not exceed $1,000,000, and shall be paid out of

funds available to the Director of Central Intelligence for the

payment of compensation, travel allowances, and per diem

allowances, respectively, of employees of the Central Intelligence

Agency."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2354 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

50 USC Sec. 2352 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER IV - COORDINATION OF POLICY AND COUNTERMEASURES AGAINST

PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

-HEAD-

Sec. 2352. National Security Council Committee on Nonproliferation

-STATUTE-

(a) Establishment

The Committee on Nonproliferation (in this section referred to as

the "Committee") is established as a committee of the National

Security Council.

(b) Membership

(1) The Committee shall be composed of representatives of the

following:

(A) The Secretary of State.

(B) The Secretary of Defense.

(C) The Director of Central Intelligence.

(D) The Attorney General.

(E) The Secretary of Energy.

(F) The Administrator of the Federal Emergency Management

Agency.

(G) The Secretary of the Treasury.

(H) The Secretary of Commerce.

(I) Such other members as the President may designate.

(2) The National Coordinator for Nonproliferation Matters shall

chair the Committee on Nonproliferation.

(c) Responsibilities

The Committee has the following responsibilities:

(1) To review and coordinate Federal programs, policies, and

directives relating to the proliferation of weapons of mass

destruction and related materials and technologies, including

matters relating to terrorism and international organized crime.

(2) To make recommendations through the National Security

Council to the President regarding the following:

(A) Integrated national policies for countering the threats

posed by weapons of mass destruction.

(B) Options for integrating Federal agency budgets for

countering such threats.

(C) Means to ensure that Federal, State, and local

governments have adequate capabilities to manage crises

involving nuclear, radiological, biological, or chemical

weapons or related materials or technologies, and to manage the

consequences of a use of such weapon or related materials or

technologies, and that use of those capabilities is

coordinated.

(D) Means to ensure appropriate cooperation on, and

coordination of, the following:

(i) Preventing the smuggling of weapons of mass destruction

and related materials and technologies.

(ii) Promoting domestic and international law enforcement

efforts against proliferation-related efforts.

(iii) Countering the involvement of organized crime groups

in proliferation-related activities.

(iv) Safeguarding weapons of mass destruction materials and

related technologies.

(v) Improving coordination and cooperation among

intelligence activities, law enforcement, and the Departments

of Defense, State, Commerce, and Energy in support of

nonproliferation and counterproliferation efforts.

(vi) Improving export controls over materials and

technologies that can contribute to the acquisition of

weapons of mass destruction.

(vii) Reducing proliferation of weapons of mass destruction

and related materials and technologies.

-SOURCE-

(Pub. L. 104-201, div. A, title XIV, Sec. 1442, Sept. 23, 1996, 110

Stat. 2727.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2353, 2354 of this title.

-End-

-CITE-

50 USC Sec. 2353 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER IV - COORDINATION OF POLICY AND COUNTERMEASURES AGAINST

PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

-HEAD-

Sec. 2353. Comprehensive preparedness program

-STATUTE-

(a) Program required

The President, acting through the Committee on Nonproliferation

established under section 2352 of this title, shall develop a

comprehensive program for carrying out this chapter.

(b) Content of program

The program set forth in the report shall include specific plans

as follows:

(1) Plans for countering proliferation of weapons of mass

destruction and related materials and technologies.

(2) Plans for training and equipping Federal, State, and local

officials for managing a crisis involving a use or threatened use

of a weapon of mass destruction, including the consequences of

the use of such a weapon.

(3) Plans for providing for regular sharing of information

among intelligence, law enforcement, and customs agencies.

(4) Plans for training and equipping law enforcement units,

customs services, and border security personnel to counter the

smuggling of weapons of mass destruction and related materials

and technologies.

(5) Plans for establishing appropriate centers for analyzing

seized nuclear, radiological, biological, and chemical weapons,

and related materials and technologies.

(6) Plans for establishing in the United States appropriate

legal controls and authorities relating to the exporting of

nuclear, radiological, biological, and chemical weapons, and

related materials and technologies.

(7) Plans for encouraging and assisting governments of foreign

countries to implement and enforce laws that set forth

appropriate penalties for offenses regarding the smuggling of

weapons of mass destruction and related materials and

technologies.

(8) Plans for building the confidence of the United States and

Russia in each other's controls over United States and Russian

nuclear weapons and fissile materials, including plans for

verifying the dismantlement of nuclear weapons.

(9) Plans for reducing United States and Russian stockpiles of

excess plutonium, reflecting -

(A) consideration of the desirability and feasibility of a

United States-Russian agreement governing fissile material

disposition and the specific technologies and approaches to be

used for disposition of excess plutonium; and

(B) an assessment of the options for United States

cooperation with Russia in the disposition of Russian

plutonium.

(10) Plans for studying the merits and costs of establishing a

global network of means for detecting and responding to

terroristic or other criminal use of biological agents against

people or other forms of life in the United States or any foreign

country.

(c) Report

(1) At the same time that the President submits the budget for

fiscal year 1998 to Congress pursuant to section 1105(a) of title

31, the President shall submit to Congress a report that sets forth

the comprehensive program developed under subsection (a) of this

section.

(2) The report shall include the following:

(A) The specific plans for the program that are required under

subsection (b) of this section.

(B) Estimates of the funds necessary, by agency or department,

for carrying out such plans in fiscal year 1998 and the following

five fiscal years.

(3) The report shall be in an unclassified form. If there is a

classified version of the report, the President shall submit the

classified version at the same time.

-SOURCE-

(Pub. L. 104-201, div. A, title XIV, Sec. 1443, Sept. 23, 1996, 110

Stat. 2728.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

"this title", meaning title XIV of div. A of Pub. L. 104-201, Sept.

23, 1996, 110 Stat. 2714, which is classified principally to this

chapter. For complete classification of title XIV to the Code, see

Short Title note set out under section 2301 of this title and

Tables.

-End-

-CITE-

50 USC Sec. 2354 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER IV - COORDINATION OF POLICY AND COUNTERMEASURES AGAINST

PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

-HEAD-

Sec. 2354. Termination

-STATUTE-

After September 30, 1999, the President -

(1) is not required to maintain a National Coordinator for

Nonproliferation Matters under section 2351 of this title; and

(2) may terminate the Committee on Nonproliferation established

under section 2352 of this title.

-SOURCE-

(Pub. L. 104-201, div. A, title XIV, Sec. 1444, Sept. 23, 1996, 110

Stat. 2730; Pub. L. 105-261, div. A, title X, Sec. 1069(c)(3), Oct.

17, 1998, 112 Stat. 2136.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-261 made technical amendments to references in

original act which appear in par. (1) as reference to section 2351

of this title and in par. (2) as reference to section 2352 of this

title.

-End-

-CITE-

50 USC SUBCHAPTER IV-A - NONPROLIFERATION ASSISTANCE

COORDINATION 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER IV09A - NONPROLIFERATION ASSISTANCE COORDINATION

-HEAD-

SUBCHAPTER IV-A - NONPROLIFERATION ASSISTANCE COORDINATION

-COD-

CODIFICATION

Subchapter was enacted as part of the Nonproliferation Assistance

Coordination Act of 2002, and also as part of the Security

Assistance Act of 2002 and the Foreign Relations Authorization Act,

Fiscal Year 2003, and not as part of the Defense Against Weapons of

Mass Destruction Act of 1996 which comprises this chapter.

-End-

-CITE-

50 USC Sec. 2357 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER IV09A - NONPROLIFERATION ASSISTANCE COORDINATION

-HEAD-

Sec. 2357. Findings

-STATUTE-

Congress finds that -

(1) United States nonproliferation efforts in the independent

states of the former Soviet Union have achieved important results

in ensuring that weapons of mass destruction, weapons-usable

material and technology, and weapons-related knowledge remain

beyond the reach of terrorists and weapons-proliferating states;

(2) although these efforts are in the United States national

security interest, the effectiveness of these efforts has

suffered from a lack of coordination within and among United

States Government agencies;

(3) increased spending and investment by the United States

private sector on nonproliferation efforts in the independent

states of the former Soviet Union, specifically, spending and

investment by the United States private sector in job creation

initiatives and proposals for unemployed Russian Federation

weapons scientists and technicians, are making an important

contribution in ensuring that knowledge related to weapons of

mass destruction remains beyond the reach of terrorists and

weapons-proliferating states; and

(4) increased spending and investment by the United States

private sector on nonproliferation efforts in the independent

states of the former Soviet Union make advisable the

establishment of a coordinating body to ensure that United States

public and private efforts are not in conflict, and to ensure

that public spending on efforts by the independent states of the

former Soviet Union is maximized to ensure efficiency and further

United States national security interests.

-SOURCE-

(Pub. L. 107-228, div. B, title XIII, Sec. 1332, Sept. 30, 2002,

116 Stat. 1448.)

-MISC1-

SHORT TITLE

For short title of subtitle C (Secs. 1331-1339) of title XIII of

div. B of Pub. L. 107-228, which enacted this subchapter, as the

"Nonproliferation Assistance Coordination Act of 2002", see section

1331 of Pub. L. 107-228, set out as a note under section 2301 of

this title.

-End-

-CITE-

50 USC Sec. 2357a 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER IV09A - NONPROLIFERATION ASSISTANCE COORDINATION

-HEAD-

Sec. 2357a. Definitions

-STATUTE-

(a) Independent states of the former Soviet Union

In this subchapter, the term "independent states of the former

Soviet Union" has the meaning given the term in section 5801 of

title 22.

(b) Appropriate committees of Congress

In this subchapter, the term "the appropriate committees of

Congress" means the Committees on Foreign Relations, Armed

Services, and Appropriations of the Senate and the Committees on

International Relations, Armed Services, and Appropriations of the

House of Representatives.

-SOURCE-

(Pub. L. 107-228, div. B, title XIII, Sec. 1333, Sept. 30, 2002,

116 Stat. 1449.)

-End-

-CITE-

50 USC Sec. 2357b 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER IV09A - NONPROLIFERATION ASSISTANCE COORDINATION

-HEAD-

Sec. 2357b. Establishment of Committee on Nonproliferation

Assistance

-STATUTE-

(a) In general

The President shall establish a mechanism to coordinate, with the

maximum possible effectiveness and efficiency, the efforts of

United States Government departments and agencies engaged in

formulating policy and carrying out programs for achieving

nonproliferation and threat reduction.

(b) Membership

The coordination mechanism established pursuant to subsection (a)

of this section shall include -

(1) representatives designated by -

(A) the Secretary of State;

(B) the Secretary of Defense;

(C) the Secretary of Energy;

(D) the Secretary of Commerce;

(E) the Attorney General; and

(F) the Director of the Office of Homeland Security, or the

head of a successor department or agency; and

(2) such other executive branch officials as the President may

select.

(c) Level of representation

To the maximum extent possible, each department (!1) or agency's

representative designated pursuant to subsection (b)(1) of this

section shall be an official of that department or agency who has

been appointed by the President with the advice and consent of the

Senate.

(d) Chair

The President shall designate an official to direct the

coordination mechanism established pursuant to subsection (a) of

this section. The official so designated may invite the head of any

other department or agency of the United States to designate a

representative of that department or agency to participate from

time to time in the activities of the Committee.

-SOURCE-

(Pub. L. 107-228, div. B, title XIII, Sec. 1334, Sept. 30, 2002,

116 Stat. 1449.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2357c, 2357d, 2357e,

2357f, 2357g of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "department's".

-End-

-CITE-

50 USC Sec. 2357c 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER IV09A - NONPROLIFERATION ASSISTANCE COORDINATION

-HEAD-

Sec. 2357c. Purposes and authority

-STATUTE-

(a) Purposes

(1) In general

The primary purpose of the coordination mechanism established

pursuant to section 2357b of this title should be -

(A) to exercise continuing responsibility for coordinating

worldwide United States nonproliferation and threat reduction

efforts to ensure that they effectively implement United States

policy; and

(B) to enhance the ability of participating departments and

agencies to anticipate growing nonproliferation areas of

concern.

(2) Program monitoring and coordination

The coordination mechanism established pursuant to section

2357b of this title should have primary continuing responsibility

within the executive branch of the Government for -

(A) United States nonproliferation and threat reduction

efforts, and particularly such efforts in the independent

states of the former Soviet Union; and

(B) coordinating the implementation of United States policy

with respect to such efforts.

(b) Authority

In carrying out the responsibilities described in subsection (a)

of this section, the coordination mechanism established pursuant to

section 2357b of this title should have, at a minimum, the

authority to -

(1) establish such subcommittees and working groups as it deems

necessary;

(2) direct the preparation of analyses on issues and problems

relating to coordination within and among United States

departments and agencies on nonproliferation and threat reduction

efforts;

(3) direct the preparation of analyses on issues and problems

relating to coordination between the United States public and

private sectors on nonproliferation and threat reduction efforts,

including coordination between public and private spending on

nonproliferation and threat reduction programs and coordination

between public spending and private investment in defense

conversion activities of the independent states of the former

Soviet Union;

(4) provide guidance on arrangements that will coordinate,

deconflict, and maximize the utility of United States public

spending on nonproliferation and threat reduction programs, and

particularly such efforts in the independent states of the former

Soviet Union;

(5) encourage companies and nongovernmental organizations

involved in nonproliferation efforts of the independent states of

the former Soviet Union or other countries of concern to

voluntarily report these efforts to it;

(6) direct the preparation of analyses on issues and problems

relating to the coordination between the United States and other

countries with respect to nonproliferation efforts, and

particularly such efforts in the independent states of the former

Soviet Union; and

(7) consider, and make recommendations to the President with

respect to, proposals for such new legislation or regulations

relating to United States nonproliferation efforts as may be

necessary.

-SOURCE-

(Pub. L. 107-228, div. B, title XIII, Sec. 1335, Sept. 30, 2002,

116 Stat. 1450.)

-End-

-CITE-

50 USC Sec. 2357d 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER IV09A - NONPROLIFERATION ASSISTANCE COORDINATION

-HEAD-

Sec. 2357d. Administrative support

-STATUTE-

All United States departments and agencies shall provide, to the

extent permitted by law, such information and assistance as may be

requested by the coordination mechanism established pursuant to

section 2357b of this title, in carrying out its functions and

activities under this subchapter.

-SOURCE-

(Pub. L. 107-228, div. B, title XIII, Sec. 1336, Sept. 30, 2002,

116 Stat. 1451.)

-End-

-CITE-

50 USC Sec. 2357e 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER IV09A - NONPROLIFERATION ASSISTANCE COORDINATION

-HEAD-

Sec. 2357e. Confidentiality of information

-STATUTE-

Information which has been submitted to or received by the

coordination mechanism established pursuant to section 2357b of

this title in confidence shall not be publicly disclosed, except to

the extent required by law, and such information shall be used by

it only for the purpose of carrying out the functions set forth in

this subchapter.

-SOURCE-

(Pub. L. 107-228, div. B, title XIII, Sec. 1337, Sept. 30, 2002,

116 Stat. 1451.)

-End-

-CITE-

50 USC Sec. 2357f 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER IV09A - NONPROLIFERATION ASSISTANCE COORDINATION

-HEAD-

Sec. 2357f. Statutory construction

-STATUTE-

Nothing in this subchapter -

(1) applies to the data-gathering, regulatory, or enforcement

authority of any existing United States department or agency over

nonproliferation efforts in the independent states of the former

Soviet Union, and the review of those efforts undertaken by the

coordination mechanism established pursuant to section 2357b of

this title shall not in any way supersede or prejudice any other

process provided by law; or

(2) applies to any activity that is reportable pursuant to

title V of the National Security Act of 1947 (50 U.S.C. 413 et

seq.).

-SOURCE-

(Pub. L. 107-228, div. B, title XIII, Sec. 1338, Sept. 30, 2002,

116 Stat. 1451.)

-REFTEXT-

REFERENCES IN TEXT

The National Security Act of 1947, referred to in par. (2), is

act July 26, 1947, ch. 343, 61 Stat. 495, as amended. Title V of

the Act is classified generally to subchapter III (Sec. 413 et

seq.) of chapter 15 of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

401 of this title and Tables.

-End-

-CITE-

50 USC Sec. 2357g 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER IV09A - NONPROLIFERATION ASSISTANCE COORDINATION

-HEAD-

Sec. 2357g. Reporting and consultation

-STATUTE-

(a) Presidential report

Not later than 120 days after each inauguration of a President,

the President shall submit a report to the Congress on his general

and specific nonproliferation and threat reduction objectives and

how the efforts of executive branch agencies will be coordinated

most effectively, pursuant to section 2357b of this title, to

achieve those objectives.

(b) Consultation

The President should consult with and brief, from time to time,

the appropriate committees of Congress regarding the efficacy of

the coordination mechanism established pursuant to section 2357b of

this title in achieving its stated objectives.

-SOURCE-

(Pub. L. 107-228, div. B, title XIII, Sec. 1339, Sept. 30, 2002,

116 Stat. 1451.)

-End-

-CITE-

50 USC SUBCHAPTER V - MISCELLANEOUS 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

SUBCHAPTER V - MISCELLANEOUS

-End-

-CITE-

50 USC Sec. 2361 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 2361. Sense of Congress concerning contracting policy

-STATUTE-

It is the sense of Congress that the Secretary of Defense, the

Secretary of Energy, the Secretary of the Treasury, and the

Secretary of State, to the extent authorized by law, should -

(1) contract directly with suppliers in independent states of

the former Soviet Union when such action would -

(A) result in significant savings of the programs referred to

in subchapter III of this chapter; and

(B) substantially expedite completion of the programs

referred to in subchapter III of this chapter; and

(2) seek means to use innovative contracting approaches to

avoid delay and increase the effectiveness of such programs and

of the exercise of such authorities.

-SOURCE-

(Pub. L. 104-201, div. A, title XIV, Sec. 1451, Sept. 23, 1996, 110

Stat. 2730.)

-End-

-CITE-

50 USC Sec. 2362 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 2362. Transfers of allocations among cooperative threat

reduction programs

-STATUTE-

Congress finds that -

(1) the various Cooperative Threat Reduction programs are being

carried out at different rates in the various countries covered

by such programs; and

(2) it is necessary to authorize transfers of funding

allocations among the various programs in order to maximize the

effectiveness of United States efforts under such programs.

-SOURCE-

(Pub. L. 104-201, div. A, title XIV, Sec. 1452, Sept. 23, 1996, 110

Stat. 2730.)

-MISC1-

SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAMS

Section 1501 of Pub. L. 104-201, as amended by Pub. L. 105-261,

div. A, title XIII, Sec. 1301(a)(2), Oct. 17, 1998, 112 Stat. 2161,

provided that:

"(a) In General. - For purposes of section 301 [110 Stat. 2475]

and other provisions of this Act [see Tables for classification],

Cooperative Threat Reduction programs are the programs specified in

subsection (b).

"(b) Specified Programs. - The programs referred to in subsection

(a) are the following programs with respect to states of the former

Soviet Union:

"(1) Programs to facilitate the elimination, and the safe and

secure transportation and storage, of nuclear, chemical, and

other weapons and their delivery vehicles.

"(2) Programs to facilitate the safe and secure storage of

fissile materials derived from the elimination of nuclear

weapons.

"(3) Programs to prevent the proliferation of weapons, weapons

components, materials, and weapons-related technology and

expertise.

"(4) Programs to expand military-to-military and defense

contacts."

-End-

-CITE-

50 USC Sec. 2363 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 2363. Sense of Congress concerning assistance to states of

former Soviet Union

-STATUTE-

It is the sense of Congress that -

(1) the Cooperative Threat Reduction programs and other United

States programs authorized in title XIV of the National Defense

Authorization Act for Fiscal Year 1993 (Public Law 102-484; 22

U.S.C. 5901 et seq.) should be expanded by offering assistance

under those programs to other independent states of the former

Soviet Union in addition to Russia, Ukraine, Kazakstan, and

Belarus; and

(2) the President should offer assistance to additional

independent states of the former Soviet Union in each case in

which the participation of such states would benefit national

security interests of the United States by improving border

controls and safeguards over materials and technology associated

with weapons of mass destruction.

-SOURCE-

(Pub. L. 104-201, div. A, title XIV, Sec. 1453, Sept. 23, 1996, 110

Stat. 2730; Pub. L. 105-261, div. A, title X, Sec. 1069(c)(4), Oct.

17, 1998, 112 Stat. 2136.)

-REFTEXT-

REFERENCES IN TEXT

Title XIV of the National Defense Authorization Act for Fiscal

Year 1993, referred to in par. (1), is title XIV of div. A of Pub.

L. 102-484, Oct. 23, 1992, 106 Stat. 2563, known as the Former

Soviet Union Demilitarization Act of 1992, which is classified

generally to chapter 68 (Sec. 5901 et seq.) of Title 22, Foreign

Relations and Intercourse.

-MISC1-

AMENDMENTS

1998 - Par. (1). Pub. L. 105-261 substituted "title XIV of the

National Defense Authorization Act for Fiscal Year 1993 (Public Law

102-484; 22 U.S.C. 5901 et seq.)" for "the National Defense

Authorization Act for Fiscal Years 1993 and 1994".

SPECIFICATION OF COOPERATIVE THREAT REDUCTION PROGRAM

For specification of Cooperative Threat Reduction programs, see

section 1501(b) of Pub. L. 104-201, set out as a note under section

2362 of this title.

-End-

-CITE-

50 USC Sec. 2364 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 2364. Purchase of low-enriched uranium derived from Russian

highly enriched uranium

-STATUTE-

(a) Sense of Congress

It is the sense of Congress that the allies of the United States

and other nations should participate in efforts to ensure that

stockpiles of weapons-grade nuclear material are reduced.

(b) Actions by Secretary of State

Congress urges the Secretary of State to encourage, in

consultation with the Secretary of Energy, other countries to

purchase low-enriched uranium that is derived from highly enriched

uranium extracted from Russian nuclear weapons.

-SOURCE-

(Pub. L. 104-201, div. A, title XIV, Sec. 1454, Sept. 23, 1996, 110

Stat. 2730.)

-End-

-CITE-

50 USC Sec. 2365 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 2365. Sense of Congress concerning purchase, packaging, and

transportation of fissile materials at risk of theft

-STATUTE-

It is the sense of Congress that -

(1) the Secretary of Defense, the Secretary of Energy, the

Secretary of the Treasury, and the Secretary of State should

purchase, package, and transport to secure locations

weapons-grade nuclear materials from a stockpile of such

materials if such officials determine that -

(A) there is a significant risk of theft of such materials;

and

(B) there is no reasonable and economically feasible

alternative for securing such materials; and

(2) if it is necessary to do so in order to secure the

materials, the materials should be imported into the United

States, subject to the laws and regulations that are applicable

to the importation of such materials into the United States.

-SOURCE-

(Pub. L. 104-201, div. A, title XIV, Sec. 1455, Sept. 23, 1996, 110

Stat. 2731.)

-End-

-CITE-

50 USC Sec. 2366 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 2366. Reports on acquisition of technology relating to weapons

of mass destruction and advanced conventional munitions

-STATUTE-

(a) Reports

The Director of Central Intelligence shall submit to Congress a

report on -

(1) the acquisition by foreign countries during the preceding 6

months of dual-use and other technology useful for the

development or production of weapons of mass destruction

(including nuclear weapons, chemical weapons, and biological

weapons) and advanced conventional munitions; and

(2) trends in the acquisition of such technology by such

countries.

(b) Submittal dates

(1) The report required by subsection (a) of this section shall

be submitted each year to the congressional intelligence committees

and the congressional leadership on a semiannual basis on the dates

provided in section 415b of this title.

(2) In this subsection:

(A) The term "congressional intelligence committees" has the

meaning given that term in section 401a of this title.

(B) The term "congressional leadership" means the Speaker and

the minority leader of the House of Representatives and the

majority leader and the minority leader of the Senate.

(c) Form of reports

Each report submitted under subsection (a) of this section shall

be submitted in unclassified form, but may include a classified

annex.

-SOURCE-

(Pub. L. 104-293, title VII, Sec. 721, Oct. 11, 1996, 110 Stat.

3474; Pub. L. 107-306, title VIII, Sec. 811(b)(5)(C), Nov. 27,

2002, 116 Stat. 2424.)

-COD-

CODIFICATION

Section was enacted as part of the Intelligence Authorization Act

for Fiscal Year 1997, and also as part of the Combatting

Proliferation of Weapons of Mass Destruction Act of 1996, and not

as part of the Defense Against Weapons of Mass Destruction Act of

1996 which comprises this chapter.

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-306, Sec. 811(b)(5)(C)(i),

substituted "The Director" for "Not later than 6 months after

October 11, 1996, and every 6 months thereafter, the Director".

Subsec. (b). Pub. L. 107-306, Sec. 811(b)(5)(C)(iii), added

subsec. (b). Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 107-306, Sec. 811(b)(5)(C)(ii), (iv),

redesignated subsec. (b) as (c) and substituted "Each report" for

"The reports".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 415b, 2369 of this title.

-End-

-CITE-

50 USC Sec. 2367 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 2367. Annual report on threat posed to United States by

weapons of mass destruction, ballistic missiles, and cruise

missiles

-STATUTE-

(a) Annual report

The Secretary of Defense shall submit to Congress by January 30

of each year a report on the threats posed to the United States and

allies of the United States -

(1) by weapons of mass destruction, ballistic missiles, and

cruise missiles; and

(2) by the proliferation of weapons of mass destruction,

ballistic missiles, and cruise missiles.

(b) Consultation

Each report submitted under subsection (a) of this section shall

be prepared in consultation with the Director of Central

Intelligence.

(c) Matters to be included

Each report submitted under subsection (a) of this section shall

include the following:

(1) Identification of each foreign country and non-State

organization that possesses weapons of mass destruction,

ballistic missiles, or cruise missiles, and a description of such

weapons and missiles with respect to each such foreign country

and non-State organization.

(2) A description of the means by which any foreign country and

non-State organization that has achieved capability with respect

to weapons of mass destruction, ballistic missiles, or cruise

missiles has achieved that capability, including a description of

the international network of foreign countries and private

entities that provide assistance to foreign countries and

non-State organizations in achieving that capability.

(3) An examination of the doctrines that guide the use of

weapons of mass destruction in each foreign country that

possesses such weapons.

(4) An examination of the existence and implementation of the

control mechanisms that exist with respect to nuclear weapons in

each foreign country that possesses such weapons.

(5) Identification of each foreign country and non-State

organization that seeks to acquire or develop (indigenously or

with foreign assistance) weapons of mass destruction, ballistic

missiles, or cruise missiles, and a description of such weapons

and missiles with respect to each such foreign country and

non-State organization.

(6) An assessment of various possible timelines for the

achievement by foreign countries and non-State organizations of

capability with respect to weapons of mass destruction, ballistic

missiles, and cruise missiles, taking into account the

probability of whether the Russian Federation and the People's

Republic of China will comply with the Missile Technology Control

Regime, the potential availability of assistance from foreign

technical specialists, and the potential for independent sales by

foreign private entities without authorization from their

national governments.

(7) For each foreign country or non-State organization that has

not achieved the capability to target the United States or its

territories with weapons of mass destruction, ballistic missiles,

or cruise missiles as of November 18, 1997, an estimate of how

far in advance the United States is likely to be warned before

such foreign country or non-State organization achieves that

capability.

(8) For each foreign country or non-State organization that has

not achieved the capability to target members of the United

States Armed Forces deployed abroad with weapons of mass

destruction, ballistic missiles, or cruise missiles as of

November 18, 1997, an estimate of how far in advance the United

States is likely to be warned before such foreign country or

non-State organization achieves that capability.

(d) Classification

Each report under subsection (a) of this section shall be

submitted in classified and unclassified form.

-SOURCE-

(Pub. L. 105-85, div. A, title II, Sec. 234, Nov. 18, 1997, 111

Stat. 1664.)

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Year 1998, and not as part of the Defense Against

Weapons of Mass Destruction Act of 1996 which comprises this

chapter.

-End-

-CITE-

50 USC Sec. 2368 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 2368. Annual reports on the proliferation of missiles and

essential components of nuclear, biological, chemical, and

radiological weapons

-STATUTE-

(a) Report

Not later than March 1, 2003, and annually thereafter, the

President shall transmit to the designated congressional committees

an annual report on the transfer by any country of weapons,

technology, components, or materials that can be used to deliver,

manufacture (including research and experimentation), or weaponize

nuclear, biological, chemical or radiological weapons (in this

section referred to as "NBC weapons") to any country other than a

country referred to in subsection (d) of this section that is

seeking to possess or otherwise acquire such weapons, technology,

or materials, or other system that the Secretary or the Secretary

of Defense has reason to believe could be used to develop, acquire,

or deliver NBC weapons.

(b) Matters to be included

Each such report shall include -

(1) the transfer of all aircraft, cruise missiles, artillery

weapons, unguided rockets and multiple rocket systems, and

related bombs, shells, warheads and other weaponization

technology and materials that the Secretary or the Secretary of

Defense has reason to believe may be intended for the delivery of

NBC weapons;

(2) international transfers of MTCR equipment or technology to

any country that is seeking to acquire such equipment or any

other system that the Secretary or the Secretary of Defense has

reason to believe may be used to deliver NBC weapons; and

(3) the transfer of technology, test equipment, radioactive

materials, feedstocks and cultures, and all other specialized

materials that the Secretary or the Secretary of Defense has

reason to believe could be used to manufacture NBC weapons.

(c) Content of report

Each such report shall include the following with respect to

preceding (!1) calendar year:

(1) The status of missile, aircraft, and other NBC weapons

delivery and weaponization programs in any such country,

including efforts by such country or by any subnational group to

acquire MTCR-controlled equipment, NBC-capable aircraft, or any

other weapon or major weapon component which may be utilized in

the delivery of NBC weapons, whose primary use is the delivery of

NBC weapons, or that the Secretary or the Secretary of Defense

has reason to believe could be used to deliver NBC weapons.

(2) The status of NBC weapons development, acquisition,

manufacture, stockpiling, and deployment programs in any such

country, including efforts by such country or by any subnational

group to acquire essential test equipment, manufacturing

equipment and technology, weaponization equipment and technology,

and radioactive material, feedstocks or components of feedstocks,

and biological cultures and toxins.

(3) A description of assistance provided by any person or

government, after September 30, 2002, to any such country or

subnational group in the acquisition or development of -

(A) NBC weapons;

(B) missile systems, as defined in the MTCR or that the

Secretary or the Secretary of Defense has reason to believe may

be used to deliver NBC weapons; and

(C) aircraft and other delivery systems and weapons that the

Secretary or the Secretary of Defense has reason to believe

could be used to deliver NBC weapons.

(4) A listing of those persons and countries that continue to

provide such equipment or technology described in paragraph (3)

to any country or subnational group as of the date of submission

of the report, including the extent to which foreign persons and

countries were found to have knowingly and materially assisted

such programs.

(5) A description of the use of, or substantial preparations to

use, the equipment of technology described in paragraph (3) by

any foreign country or subnational group.

(6) A description of the diplomatic measures that the United

States, and that other adherents to the MTCR and other

arrangements affecting the acquisition and delivery of NBC

weapons, have made with respect to activities and private persons

and governments suspected of violating the MTCR and such other

arrangements.

(7) An analysis of the effectiveness of the regulatory and

enforcement regimes of the United States and other countries that

adhere to the MTCR and other arrangements affecting the

acquisition and delivery of NBC weapons in controlling the export

of MTCR and other NBC weapons and delivery system equipment or

technology.

(8) A summary of advisory opinions issued under section

2410b(b)(4) of the Appendix to this title and under section

2797b(d) of title 22.

(9) An explanation of United States policy regarding the

transfer of MTCR equipment or technology to foreign missile

programs, including programs involving launches of space

vehicles.

(10) A description of each transfer by any person or government

during the preceding 12-month period which is subject to

sanctions under the Iran-Iraq Arms Non-Proliferation Act of 1992

(title XVI of Public Law 102-484).

(d) Exclusions

The countries excluded under subsection (a) of this section are

Australia, Belgium, Canada, the Czech Republic, Denmark, France,

Germany, Greece, Hungary, Iceland, Italy, Japan, Luxembourg, the

Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Turkey,

the United Kingdom, and the United States.

(e) Classification of report

The Secretary shall make every effort to submit all of the

information required by this section in unclassified form. Whenever

the Secretary submits any such information in classified form, the

Secretary shall submit such classified information in an addendum

and shall also submit concurrently a detailed summary, in

unclassified form, of that classified information.

(f) Definitions

In this section:

(1) Designated congressional committees

The term "designated congressional committees" means -

(A) the Committee on Appropriations, the Committee on Armed

Services, and the Committee on International Relations of the

House of Representatives; and

(B) the Committee on Appropriations, the Committee on Armed

Services, and the Committee on Foreign Relations of the Senate.

(2) Missile; MTCR; MTCR equipment or technology

The terms "missile", "MTCR", and "MTCR equipment or technology"

have the meanings given those terms in section 2797c of title 22.

(3) Person

The term "person" means any United States or foreign

individual, partnership, corporation, or other form of

association, or any of its successor entities, parents, or

subsidiaries.

(4) Weaponize; weaponization

The term "weaponize" or "weaponization" means to incorporate

into, or the incorporation into, usable ordnance or other

militarily useful means of delivery.

-SOURCE-

(Pub. L. 107-228, div. B, title XIII, Sec. 1308, Sept. 30, 2002,

116 Stat. 1439.)

-REFTEXT-

REFERENCES IN TEXT

The Iran-Iraq Arms Non-Proliferation Act of 1992, referred to in

subsec. (c)(10), is title XVI of div. A of Pub. L. 102-484, Oct.

23, 1992, 106 Stat. 2571, as amended, which is set out as a note

under section 1701 of this title.

-COD-

CODIFICATION

Section is comprised of section 1308 of Pub. L. 107-228. Subsec.

(g) of section 1308 of Pub. L. 107-228 repealed section 5606 of

Title 22, Foreign Relations and Intercourse, amended provisions set

out as notes under section 1701 of this title and section 2656 of

Title 22, and repealed provisions set out as a note under section

2751 of Title 22.

Section was enacted as part of the Security Assistance Act of

2002, and also as part of the Foreign Relations Authorization Act,

Fiscal Year 2003, and not as part of the Defense Against Weapons of

Mass Destruction Act of 1996 which comprises this chapter.

-CROSS-

DEFINITIONS

For definition of "Secretary" as used in this section, see

section 3 of Pub. L. 107-228, set out as a note under section 2651

of Title 22, Foreign Relations and Intercourse.

-FOOTNOTE-

(!1) So in original. Probably should be preceded by "the".

-End-

-CITE-

50 USC Sec. 2369 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 40 - DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

SUBCHAPTER V - MISCELLANEOUS

-HEAD-

Sec. 2369. Semiannual report on contributions of foreign persons to

weapons of mass destruction and delivery systems efforts of

countries of proliferation concern

-STATUTE-

(a) Reports

The Director of Central Intelligence shall submit to Congress a

semiannual report identifying each foreign person that, during the

period covered by the report, made a material contribution to the

research, development, production, or acquisition by a country of

proliferation concern of -

(1) weapons of mass destruction (including nuclear weapons,

chemical weapons, or biological weapons); or

(2) ballistic or cruise missile systems.

(b) Period of semiannual reports

Semiannual reports under subsection (a) of this section shall be

submitted as follows:

(1) One semiannual report shall cover the first six months of

the calendar year and shall be submitted not later than January 1

of the following year.

(2) The other semiannual report shall cover the second six

months of the calendar year and shall be submitted not later than

July 1 of the following year.

(c) Form of reports

(1) A report under subsection (a) of this section may be

submitted in classified form, in whole or in part, if the Director

of Central Intelligence determines that submittal in that form is

advisable.

(2) Any portion of a report under subsection (a) of this section

that is submitted in classified form shall be accompanied by an

unclassified summary of such portion.

(d) Definitions

In this section:

(1) The term "foreign person" means any of the following:

(A) A natural person who is not a citizen of the United

States.

(B) A corporation, business association, partnership,

society, trust, or other nongovernmental entity, organization,

or group that is organized under the laws of a foreign country

or has its principal place of business in a foreign country.

(C) Any foreign government or foreign governmental entity

operating as a business enterprise or in any other capacity.

(D) Any successor, subunit, or subsidiary of any entity

described in subparagraph (B) or (C).

(2) The term "country of proliferation concern" means any

country identified by the Director of Central Intelligence as

having engaged in the acquisition of dual-use and other

technology useful for the development or production of weapons of

mass destruction (including nuclear weapons, chemical weapons,

and biological weapons) or advanced conventional munitions -

(A) in the most recent report under section 2366 of this

title; or

(B) in any successor report on the acquisition by foreign

countries of dual-use and other technology useful for the

development or production of weapons of mass destruction.

-SOURCE-

(Pub. L. 104-293, title VII, Sec. 722, as added Pub. L. 107-314,

div. A, title XII, Sec. 1209(a), Dec. 2, 2002, 116 Stat. 2668.)

-COD-

CODIFICATION

Section was enacted as part of the Intelligence Authorization Act

for Fiscal Year 1997, and also as part of the Combatting

Proliferation of Weapons of Mass Destruction Act of 1996, and not

as part of the Defense Against Weapons of Mass Destruction Act of

1996 which comprises this chapter.

-MISC1-

EFFECTIVE DATE

Pub. L. 107-314, div. A, title XII, Sec. 1209(b), Dec. 2, 2002,

116 Stat. 2669, provided that: "Section 722 of the Combatting

Proliferation of Weapons of Mass Destruction Act of 1996 [50 U.S.C.

2369], as added by subsection (a), shall take effect with the

report with respect to the first six months of 2003 required to be

submitted under that section not later than January 1, 2004."

-End-