CHAPTER 40—DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
SUBCHAPTER I—DOMESTIC PREPAREDNESS
2311.
Response to threats of terrorist use of weapons of mass destruction.
2313.
Nuclear, chemical, and biological emergency response.
2314.
Chemical, biological, radiological, nuclear, and high-yield explosives response team.
2315.
Testing of preparedness for emergencies involving nuclear, radiological, chemical, and biological weapons.
2316.
Actions to increase civilian expertise.
2317.
Rapid response information system.
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.
2333.
International border security.
SUBCHAPTER III—CONTROL AND DISPOSITION OF WEAPONS OF MASS DESTRUCTION AND RELATED MATERIALS THREATENING THE UNITED STATES
2341.
Elimination of plutonium production.
2342.
Cooperative program on research, development, and demonstration of technology regarding nuclear or radiological terrorism.
2343.
Matters relating to the international materials protection, control, and accounting program of the Department of Energy.
2344.
Strengthened international security for nuclear materials and security of nuclear operations.
2345.
Export control programs.
SUBCHAPTER IV—COORDINATION OF POLICY AND COUNTERMEASURES AGAINST PROLIFERATION OF WEAPONS OF MASS DESTRUCTION
2351.
National coordinator on nonproliferation.
2352.
National Security Council Committee on Nonproliferation.
2353.
Comprehensive preparedness program.
SUBCHAPTER IV–A—NONPROLIFERATION ASSISTANCE COORDINATION
2357b.
Establishment of Committee on Nonproliferation Assistance.
2357c.
Purposes and authority.
2357d.
Administrative support.
2357e.
Confidentiality of information.
2357f.
Statutory construction.
2357g.
Reporting and 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.
2365.
Sense of Congress concerning purchase, packaging, and transportation of fissile materials at risk of theft.
2367.
Reports on acquisition of technology relating to weapons of mass destruction and the threat posed by weapons of mass destruction, ballistic missiles, and cruise missiles.
2368.
Annual reports on the proliferation of missiles and essential components of nuclear, biological, chemical, and radiological weapons.
2370.
Notification of Committees on Armed Services with respect to certain nonproliferation and proliferation activities.
§2301. Findings
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.
Short Title of 1996 Amendment
Pub. L. 104–293, title VII, §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
Pub. L. 104–201, div. A, title XIV, §1401, Sept. 23, 1996, 110 Stat. 2715, 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, §1331, Sept. 30, 2002, 116 Stat. 1448, provided that: "This subtitle [subtitle C (§§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'."
Utilization of Contributions to International Nuclear Materials Protection and Cooperation Program and Russian Plutonium Disposition Program
Pub. L. 109–364, div. C, title XXXI, §3114, Oct. 17, 2006, 120 Stat. 2505, as amended by
Pub. L. 110–417, div. C, title XXXI, §3115, Oct. 14, 2008, 122 Stat. 4757, provided that:
"(a) In General.—The Secretary of Energy may, with the concurrence of the Secretary of State, enter into one or more agreements with any person (including a foreign government, international organization, or multinational entity) that the Secretary of Energy considers appropriate under which the person contributes funds for purposes of the International Nuclear Materials Protection and Cooperation program or Russian Plutonium Disposition program of the National Nuclear Security Administration.
"(b) Retention and Use of Amounts.—Notwithstanding section 3302 of title 31, United States Code, the Secretary of Energy may retain and use amounts contributed under an agreement under subsection (a) for purposes of the International Nuclear Materials Protection and Cooperation program or Russian Plutonium Disposition program. Amounts so contributed shall be retained in a separate fund established in the Treasury for such purposes and shall be available for use without further appropriation and without fiscal year limitation.
"(c) Return of Amounts Not Used Within 5 Years.—If an amount contributed under an agreement under subsection (a) is not used under this section within 5 years after it was contributed, the Secretary of Energy shall return that amount to the person who contributed it.
"(d) Notice to Congressional Defense Committees.—Not later than 30 days after the receipt of an amount contributed under subsection (a), the Secretary of Energy shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a notice specifying the purpose and value of the contribution and identifying the person who contributed it. The Secretary may not use the amount until 15 days after the notice is submitted.
"(e) Annual Report.—Not later than October 31 of each year, the Secretary of Energy 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 receipt and use of amounts under this section during the preceding fiscal year. Each report for a fiscal year shall set forth—
"(1) a statement of any amounts received under this section, including, for each such amount, the value of the contribution and the person who contributed it;
"(2) a statement of any amounts used under this section, including, for each such amount, the purposes for which the amount was used; and
"(3) a statement of the amounts retained but not used under this section, including, for each such amount, the purposes (if known) for which the Secretary intends to use the amount.
"(f) Expiration.—The authority to accept, retain, and use contributions under this section expires on December 31, 2015."
Commission to Assess the Threat to the United States From Electromagnetic Pulse (EMP) Attack
"(a)
Reestablishment.—The commission established pursuant to title XIV of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106–398;
114 Stat. 1654A–345) [formerly set out below], and reestablished pursuant to section 1052 of the National Defense Authorization Act for Fiscal Year 2006 (
Public Law 109–163;
50 U.S.C. 2301 note), known as the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack, is hereby reestablished.
"(b) Membership.—Service on the Commission is voluntary, and Commissioners may elect to terminate their service on the Commission. If a Commissioner is unwilling or unable to serve on the Commission, the Secretary of Defense, in consultation with the chairmen and ranking members of the Committees on Armed Services of the House of Representatives and the Senate, shall appoint a new member to fill that vacancy."
"(a)
Reestablishment.—The commission established pursuant to title XIV of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106–398;
114 Stat. 1654A–345) [formerly set out below], known as the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack, is hereby reestablished.
"(b) Membership.—The Commission as reestablished shall have the same membership as the Commission had as of the date of the submission of the report of the Commission pursuant to section 1403(a) of such Act, as in effect before the date of the enactment of this Act [Jan. 6, 2006]. Service on the Commission is voluntary, and Commissioners may elect to terminate their service on the Commission.
"(c)
Commission Charter Defined.—In this section [enacting this note and amending title XIV of
Pub. L. 106–398, formerly set out below], the term 'Commission charter' means title XIV of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106–398;
114 Stat. 1654A–345 et seq.)."
Pub. L. 106–398, §1 [[div. A], title XIV], Oct. 30, 2000, 114 Stat. 1654,
1654A-345, as amended by
Pub. L. 109–163, div. A, title X, §1052(d)–(j), Jan. 6, 2006, 119 Stat. 3434,
3435;
Pub. L. 109–364,div. A, title X, §1073, Oct. 17, 2006, 120 Stat. 2403;
Pub. L. 110–181, div. A, title X, §§1063(e)(2), 1075(a), (b), Jan. 28, 2008, 122 Stat. 323,
333;
Pub. L. 111–383, div. A, title X, §1075(f)(8), Jan. 7, 2011, 124 Stat. 4376;
Pub. L. 114–92, div. A, title X, §1089(d)–(g), Nov. 25, 2015, 129 Stat. 1016, which related to the Commission to Assess the Threat to the United States From Electromagnetic Pulse (EMP) Attack, was repealed by
Pub. L. 115–91, div. A, title XVI, §1691(i), Dec. 12, 2017, 131 Stat. 1788, as amended by
Pub. L. 115–232, div. A, title X, §1081(c)(4), Aug. 13, 2018, 132 Stat. 1985. See section 1691(a)–(h) of
Pub. L. 115–91, 131 Stat. 1786–1788.
[
Pub. L. 115–232, div. A, title X, §1081(c), Aug. 13, 2018, 132 Stat. 1985, provided that the amendment made by section 1081(c)(4) to section 1691(i) of
Pub. L. 115–91, repealing section 1 of
Pub. L. 106–398, set out above, is effective as of Dec. 12, 2017, and as if included in
Pub. L. 115–91 as enacted.]
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, §1064, Oct. 5, 1999, 113 Stat. 769,
Pub. L. 106–398, §1 [[div. A], title X, §1087(d)(7)], Oct. 30, 2000, 114 Stat. 1654,
1654A-293;
Pub. L. 107–107, div. A, title XV, §1514(a), (b)(1), Dec. 28, 2001, 115 Stat. 1273;
Pub. L. 107–296, title VIII, §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
"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, §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 all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.]
[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 former section 313(1) and sections 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.]
Executive Order No. 13328
Ex. Ord. No. 13328, Feb. 6, 2004, 69 F.R. 6901, which established the Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, was revoked by Ex. Ord. No. 13385, §3(a), Sept. 29, 2005, 70 F.R. 57990, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees.
§2302. Definitions
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.
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.
SUBCHAPTER I—DOMESTIC PREPAREDNESS
§2311. Response to threats of terrorist use of weapons of mass destruction
(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.
Section,
Pub. L. 104–201, div. A, title XIV, §1412, Sept. 23, 1996, 110 Stat. 2718;
Pub. L. 107–107, div. A, title XV, §1513, Dec. 28, 2001, 115 Stat. 1273, related to emergency response assistance for civilian personnel in case of use or threatened use of weapons of mass destruction.
§2313. Nuclear, chemical, and biological emergency response
(a) Department of Defense
The Assistant Secretary of Defense for Homeland Defense is responsible for the coordination of Department of Defense assistance to Federal, State, and local officials in responding to threats involving nuclear, radiological, biological, chemical weapons, or high-yield explosives or related materials or technologies, including assistance in identifying, neutralizing, dismantling, and disposing of nuclear, radiological, biological, chemical weapons, and high-yield explosives and related materials and technologies.
(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).
(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).
(
Pub. L. 104–201, div. A, title XIV, §1413, Sept. 23, 1996, 110 Stat. 2719;
Pub. L. 109–163, div. A, title X, §1031, Jan. 6, 2006, 119 Stat. 3428.)
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.
Amendments
2006—Subsec. (a).
Pub. L. 109–163 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: "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)."
Transfer of Technology Items and Equipment in Support of Homeland Security
"(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)."
§2314. Chemical, biological, radiological, nuclear, and high-yield explosives response team
(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, radiological, nuclear, and high-yield explosives.
(b) Addition to Federal response plans
The Secretary of Homeland Security shall incorporate into the National Response Plan prepared pursuant to section 502(6)
1 of the Homeland Security Act of 2002 (
6 U.S.C. 312(6)), other 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 Secretary of Homeland Security shall carry out this subsection in coordination with the Secretary of Defense and the heads of other Federal agencies involved with the emergency response plans.
(
Pub. L. 104–201, div. A, title XIV, §1414, Sept. 23, 1996, 110 Stat. 2720;
Pub. L. 109–163, div. A, title X, §1033, Jan. 6, 2006, 119 Stat. 3429.)
References in Text
Section 502(6) of the Homeland Security Act of 2002, referred to in subsec. (b), probably should be a reference to section 504(a)(6) of that Act, which is classified to
section 314(a)(6) of Title 6, Domestic Security. Section 502 of the Act was renumbered section 504 and par. (6) of that section was redesignated subsec. (a)(6) by
Pub. L. 109–295, title VI, §611(8), (12)(B), Oct. 4, 2006, 120 Stat. 1395,
1398.
Amendments
2006—
Pub. L. 109–163, §1033(1), substituted "Chemical, biological, radiological, nuclear, and high-yield explosives response team" for "Chemical-biological emergency response team" in section catchline.
Subsec. (a).
Pub. L. 109–163, §1033(2), substituted "radiological, nuclear, and high-yield explosives" for "or related materials".
Subsec. (b).
Pub. L. 109–163, §1033(3), in heading, substituted "plans" for "plan" and, in text, substituted "The Secretary of Homeland Security shall incorporate into the National Response Plan prepared pursuant to
section 312(6) of title 6, other existing Federal emergency response plans, and" for "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" in first sentence and "Secretary of Homeland Security" for "Director" and "coordination" for "consultation" in second sentence.
§2315. Testing of preparedness for emergencies involving nuclear, radiological, chemical, and biological weapons
(a) Emergencies involving nuclear, radiological, chemical, or biological weapons
(1) The Secretary of Homeland Security shall develop and carry out a program for testing and improving the responses of Federal, State, and local agencies to emergencies involving nuclear, radiological, biological, and chemical weapons and related materials.
(2) The program shall include exercises to be carried out in accordance with sections 112(c) and 238(c)(1) of title 6.
(3) In developing and carrying out the program, the Secretary shall coordinate with the Secretary of Defense, the Director of the Federal Bureau of Investigation, 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) Annual revisions of programs
The Secretary of Homeland Security shall revise the program developed under subsection (a) not later than June 1 in each fiscal year covered by the program. The revisions shall include adjustments that the Secretary 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.
(
Pub. L. 104–201, div. A, title XIV, §1415, Sept. 23, 1996, 110 Stat. 2720;
Pub. L. 107–314, div. C, title XXXI, §3154(a), Dec. 2, 2002, 116 Stat. 2738;
Pub. L. 109–163, div. A, title X, §1032, Jan. 6, 2006, 119 Stat. 3428.)
Amendments
2006—Subsec. (a).
Pub. L. 109–163, §1032(a)(1), substituted "nuclear, radiological, chemical, or" for "chemical or" in heading.
Subsec. (a)(1).
Pub. L. 109–163, §1032(a)(2), substituted "Secretary of Homeland Security" for "Secretary of Defense" and "nuclear, radiological, biological, and" for "biological weapons and related materials and emergencies involving".
Subsec. (a)(2).
Pub. L. 109–163, §1032(a)(3), substituted "in accordance with
sections 112(c) and 238(c)(1) of title 6" for "during each of fiscal years 1997 through 2013".
Subsec. (a)(3).
Pub. L. 109–163, §1032(a)(4), inserted "the Secretary of Defense," before "the Director of the Federal Bureau of Investigation" and struck out "the Director of the Federal Emergency Management Agency," before "the Secretary of Energy,".
Subsecs. (b), (c).
Pub. L. 109–163, §1032(b), (c), redesignated subsec. (c) as (b), substituted "The Secretary of Homeland Security shall revise the program developed under subsection (a)" for "The official responsible for carrying out a program developed under subsection (a) or (b) shall revise the program" in first sentence and "the Secretary" for "the official" in second sentence, and struck out heading and text of former subsec. (b) which related to emergencies involving nuclear and radiological weapons.
Subsecs. (d), (e).
Pub. L. 109–163, §1032(d), struck out heading and text of subsecs. (d) and (e) which related to option to transfer responsibility for programs under this section and to funding, respectively.
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".
Construction of Extension With Designation of Attorney General as Lead Official
Pub. L. 107–314, div. C, title XXXI, §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 [former
50 U.S.C. 2312] and 1415 [
50 U.S.C. 2315] of the Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of the National Defense Authorization Act for Fiscal Year 1997)."
§2316. Actions to increase civilian expertise
(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); 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).
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 (now 282) of Title 10, Armed Forces, and
sections 175a and 2332d of Title 18, Crimes and Criminal Procedure, and amended
section 372 of Title 10.
§2317. Rapid response information system
(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 Administrator of the Federal Emergency Management Agency for inclusion in the master inventory required under subsection (b).
(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 Administrator of the Federal Emergency Management Agency shall compile and maintain a comprehensive listing of all inventories prepared under subsection (a). 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 Administrator 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 Administrator 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 Administrator 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.
(
Pub. L. 104–201, div. A, title XIV, §1417, Sept. 23, 1996, 110 Stat. 2724;
Pub. L. 109–295, title VI, §612(c), Oct. 4, 2006, 120 Stat. 1410.)
Change of Name
"Administrator of the Federal Emergency Management Agency" substituted for "Director of the Federal Emergency Management Agency" wherever appearing in text on authority of section 612(c) of
Pub. L. 109–295, set out as a note under
section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of
Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of
Pub. L. 109–295, set out as a note under
section 313 of Title 6.
SUBCHAPTER II—INTERDICTION OF WEAPONS OF MASS DESTRUCTION AND RELATED MATERIALS
§2331. Procurement of detection equipment for United States border security
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).
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.
§2332. Sense of Congress concerning criminal penalties
(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 4610
1 of 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.
(
Pub. L. 104–201, div. A, title XIV, §1423, Sept. 23, 1996, 110 Stat. 2725;
Pub. L. 105–261, div. A, title X, §1069(c)(1), Oct. 17, 1998, 112 Stat. 2136.)
References in Text
Section 4610 of this title, referred to in subsec. (b)(1), was repealed by
Pub. L. 115–232, div. A, title XVII, §1766(a), Aug. 13, 2018, 132 Stat. 2232.
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 (§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.
Codification
Section is comprised of section 1423 of
Pub. L. 104–201 which also enacted provisions listed in a table of sentencing guidelines set out as a note under
section 994 of Title 28, Judiciary and Judicial Procedure.
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.
§2333. International border security
(a) Secretary of Defense responsibility
The Secretary of Defense, in consultation and cooperation with the Commissioner of U.S. Customs and Border Protection, 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) Other countries
The Secretary of Defense may carry out programs under subsection (a) in a country other than a country specified in that subsection if the Secretary determines that there exists in that country a significant threat of the unauthorized transfer and transportation of nuclear, biological, or chemical weapons or related materials.
(c) Assistance to states of former Soviet Union
Assistance under programs referred to in subsection (a) 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.
(
Pub. L. 104–201, div. A, title XIV, §1424, Sept. 23, 1996, 110 Stat. 2726;
Pub. L. 108–375, div. A, title XII, §1211(a), Oct. 28, 2004, 118 Stat. 2087;
Pub. L. 114–125, title VIII, §802(d)(2), Feb. 24, 2016, 130 Stat. 210.)
Amendments
2004—Subsec. (b).
Pub. L. 108–375 amended heading and text of subsec. (b) generally. Prior to amendment, text read as follows: "Of the total amount authorized to be appropriated by section 301, $15,000,000 is available for carrying out the programs referred to in subsection (a)."
Change of Name
"Commissioner of U.S. Customs and Border Protection" substituted for "Commissioner of Customs" in subsec. (a) on authority of section 802(d)(2) of
Pub. L. 114–125, set out as a note under
section 211 of Title 6, Domestic Security.
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. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in
Pub. L. 107–296 as of Nov. 25, 2002, see
section 211 of Title 6, as amended generally by
Pub. L. 114–125, and section 802(b) of
Pub. L. 114–125, set out as a note under
section 211 of Title 6.
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.
§2334. Training program
The Secretary of Defense may participate in a training program carried out jointly by the Secretary of Defense and the Director of the Federal Bureau of Investigation in order to expand and improve United States efforts to deter the possible proliferation and acquisition of weapons of mass destruction by organized crime organizations in Eastern Europe, the Baltic countries, states of the former Soviet Union, and in other countries in which, as determined by the Secretary of Defense, there exists a significant threat of such proliferation and acquisition.
(
Pub. L. 103–337, div. A, title XV, §1504(e)(3)(A), Oct. 5, 1994, 108 Stat. 2918;
Pub. L. 108–375, div. A, title XII, §1211(b), Oct. 28, 2004, 118 Stat. 2087.)
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1995, and not as part of the Defense Against Weapons of Mass Destruction Act of 1996 which comprises this chapter.
Amendments
2004—
Pub. L. 108–375 substituted "The Secretary of Defense may participate in a" for "The training program referred to in paragraph (1)(B) is a", inserted "of" after "acquisition", struck out "and" after "countries,", and inserted before period at end ", and in other countries in which, as determined by the Secretary of Defense, there exists a significant threat of such proliferation and acquisition".
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
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);
(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.
§2342. Cooperative program on research, development, and demonstration of technology regarding nuclear or radiological terrorism
(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), 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), 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.
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.
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.
§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
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, 2018, 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.
(
Pub. L. 107–314, div. C, title XXXI, §3156, Dec. 2, 2002, 116 Stat. 2739;
Pub. L. 111–383, div. C, title XXXI, §3119, Jan. 7, 2011, 124 Stat. 4514.)
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.
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.
Amendments
2011—Subsec. (b)(1).
Pub. L. 111–383 substituted "January 1, 2018" for "January 1, 2013".
§2344. Strengthened international security for nuclear materials and security of nuclear operations
(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.
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.
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.
§2345. Export control programs
(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.
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.
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.
SUBCHAPTER IV—COORDINATION OF POLICY AND COUNTERMEASURES AGAINST PROLIFERATION OF WEAPONS OF MASS DESTRUCTION
§2351. National coordinator on nonproliferation
(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).
(
Pub. L. 104–201, div. A, title XIV, §1441, Sept. 23, 1996, 110 Stat. 2727;
Pub. L. 105–261, div. A, title X, §1069(c)(2), Oct. 17, 1998, 112 Stat. 2136.)
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.
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, §101(f) [title VII, §708], Oct. 21, 1998, 112 Stat. 2681–337,
2681-390, established the Commission to Assess the Organization of the Federal Government to Combat the Proliferation of Weapons of Mass Destruction, directed the Commission to 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 and, not later than 18 months after Jan. 18, 1998, to submit to Congress a report containing a detailed statement of its findings and conclusions, and provided that the Commission terminate 60 days after the date on which it submitted such report.
§2352. National Security Council Committee on Nonproliferation
(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.
Change of Name
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
Pub. L. 108–458, set out as a note under
section 3001 of this title.
Transfer of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.
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 former section 313(1) and sections 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.
§2353. Comprehensive preparedness program
(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).
(2) The report shall include the following:
(A) The specific plans for the program that are required under subsection (b).
(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.
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.
§2354. Termination
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.
(
Pub. L. 104–201, div. A, title XIV, §1444, Sept. 23, 1996, 110 Stat. 2730;
Pub. L. 105–261, div. A, title X, §1069(c)(3), Oct. 17, 1998, 112 Stat. 2136.)
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.
SUBCHAPTER IV–A—NONPROLIFERATION ASSISTANCE COORDINATION
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.
§2357. Findings
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.
Short Title
For short title of subtitle C (§§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.
§2357a. Definitions
(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.
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
§2357b. Establishment of Committee on Nonproliferation Assistance
(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) 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) 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). 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.
Russian Federation Debt Reduction for Nonproliferation
Pub. L. 107–228, div. B, title XIII, subtitle B, Sept. 30, 2002, 116 Stat. 1442, as amended by
Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814;
Pub. L. 112–74, div. I, title VII, §7034(n), Dec. 23, 2011, 125 Stat. 1217, provided that:
"SEC. 1311. SHORT TITLE.
"This subtitle may be cited as the 'Russian Federation Debt for Nonproliferation Act of 2002'.
"SEC. 1312. FINDINGS AND PURPOSES.
"(a) Findings.—Congress finds the following:
"(1) It is in the vital security interests of the United States to prevent the spread of weapons of mass destruction to additional states or to terrorist organizations, and to ensure that other nations' obligations to modify their stockpiles of such arms in accordance with treaties, executive agreements, or political commitments are fulfilled.
"(2) In particular, it is in the vital national security interests of the United States to ensure that—
"(A) all stocks of nuclear weapons and weapons-usable nuclear material in the Russian Federation are secure and accounted for;
"(B) stocks of nuclear weapons and weapons-usable nuclear material that are excess to military needs in the Russian Federation are monitored and reduced;
"(C) any chemical or biological weapons, related materials, and facilities in the Russian Federation are destroyed;
"(D) the Russian Federation's nuclear weapons complex is reduced to a size appropriate to its post-Cold War missions, and its experts in weapons of mass destruction technologies are shifted to gainful and sustainable civilian employment;
"(E) the Russian Federation's export control system blocks any proliferation of weapons of mass destruction, the means of delivering such weapons, and materials, equipment, know-how, or technology that would be used to develop, produce, or deliver such weapons; and
"(F) these objectives are accomplished with sufficient monitoring and transparency to provide confidence that they have in fact been accomplished and that the funds provided to accomplish these objectives have been spent efficiently and effectively.
"(3) United States programs should be designed to accomplish these vital objectives in the Russian Federation as rapidly as possible, and the President should develop and present to Congress a plan for doing so.
"(4) Substantial progress has been made in United States-Russian Federation cooperative programs to achieve these objectives, but much more remains to be done to reduce the urgent risks to United States national security posed by the current state of the Russian Federation's weapons of mass destruction stockpiles and complexes.
"(5) The threats posed by inadequate management of weapons of mass destruction stockpiles and complexes in the Russian Federation remain urgent. Incidents in years immediately preceding 2001, which have been cited by the Russia Task Force of the Secretary of Energy Advisory Board, include—
"(A) a conspiracy at one of the Russian Federation's largest nuclear weapons facilities to steal nearly enough highly enriched uranium for a nuclear bomb;
"(B) an attempt by an employee of the Russian Federation's premier nuclear weapons facility to sell nuclear weapons designs to agents of Iraq and Afghanistan; and
"(C) the theft of radioactive material from a Russian Federation submarine base.
"(6) Addressing these threats to United States and world security will ultimately consume billions of dollars, a burden that will have to be shared by the Russian Federation, the United States, and other governments, if these threats are to be neutralized.
"(7) The creation of new funding streams could accelerate progress in reducing these threats to United States security and help the government of the Russian Federation to fulfill its responsibility for secure management of its weapons stockpiles and complexes as United States assistance phases out.
"(8) The Russian Federation has a significant foreign debt, a substantial proportion of which it inherited from the Soviet Union.
"(9) Past debt-for-environment exchanges, in which a portion of a country's foreign debt is canceled in return for certain environmental commitments or payments by that country, suggest that a debt-for-nonproliferation exchange with the Russian Federation could be designed to provide additional funding for nonproliferation and arms reduction initiatives.
"(10) Most of the Russian Federation's official bilateral debt is held by United States allies that are advanced industrial democracies. Since the issues described pose threats to United States allies as well, United States leadership that results in a larger contribution from United States allies to cooperative threat reduction activities will be needed.
"(11) At the June 2002 meeting of the G–8 countries, agreement was achieved on a G–8 Global Partnership against the Spread of Weapons and Materials of Mass Destruction, under which the advanced industrial democracies committed to contribute $20,000,000,000 to nonproliferation programs in the Russian Federation during a 10-year period, with each contributing country having the option to fund some or all of its contribution through reduction in the Russian Federation's official debt to that country.
"(12) The Russian Federation's Soviet-era official debt to the United States is estimated to be $480,000,000 in Lend-Lease debt and $2,250,000,000 in debt as a result of credits extended under title I of the Agricultural Trade Development and Assistance Act of 1954 [now Food for Peace Act] (7 U.S.C. 1701 et seq.).
"(b) Purposes.—The purposes of this subtitle are—
"(1) to facilitate the accomplishment of the United States objectives described in the findings set forth in subsection (a) by providing for the use of a portion of the Russian Federation's foreign debt to fund nonproliferation programs, thus allowing the use of additional resources for these purposes; and
"(2) to help ensure that the resources made available to the Russian Federation are targeted to the accomplishment of the United States objectives described in the findings set forth in subsection (a).
"SEC. 1313. DEFINITIONS.
"In this subtitle:
"(1) Appropriate congressional committees.—The term 'appropriate congressional committees' means—
"(A) the Committee on International Relations [now Committee on Foreign Affairs] and the Committee on Appropriations of the House of Representatives; and
"(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
"(2) Cost.—The term 'cost' has the meaning given that term in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)).
"(3) Russian federation nonproliferation investment agreement or agreement.—The term 'Russian Federation Nonproliferation Investment Agreement' or 'Agreement' means the agreement between the United States and the Russian Federation entered into under section 1315(a).
"(4) Soviet-era debt.—The term 'Soviet-era debt' means debt owed as a result of loans or credits provided by the United States (or any agency of the United States) to the Union of Soviet Socialist Republics under the Lend Lease Act of 1941 [former 22 U.S.C. 411 et seq.] or the Commodity Credit Corporation Charter Act [15 U.S.C. 714 et seq.].
"(5) State sponsor of international terrorism.—The term 'state sponsor of international terrorism' means those countries that have been determined by the Secretary of State, for the purposes of section 40 of the Arms Export Control Act [22 U.S.C. 2780], section 620A of the Foreign Assistance Act of 1961 [22 U.S.C. 2371], or [former] section 6(j) of the Export Administration Act of 1979 [former 50 U.S.C. 4605(j)], to have repeatedly provided support for acts of international terrorism.
"SEC. 1314. AUTHORITY TO REDUCE THE RUSSIAN FEDERATION'S SOVIET-ERA DEBT OBLIGATIONS TO THE UNITED STATES.
"(a) Authority To Reduce Debt.—
"(1) In general.—Upon the entry into force of a Russian Federation Nonproliferation Investment Agreement, the President may reduce amounts of Soviet-era debt owed by the Russian Federation to the United States (or any agency or instrumentality of the United States) that are outstanding as of the last day of the fiscal year preceding the fiscal year for which appropriations are available for the reduction of debt, in accordance with this subtitle.
"(2) Limitation.—The authority provided by paragraph (1) shall be available only to the extent that appropriations for the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 [2 U.S.C. 661a(5)]) of reducing any debt pursuant to such subsection are made in advance.
"(3)
Supersedes existing law.—The authority provided by paragraph (1) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961 (
22 U.S.C. 2370(r)) or section 321 of the International Development and Food Assistance Act of 1975 [
Pub. L. 94–161, set out as a note under
section 2220a of Title 22, Foreign Relations and Intercourse].
"(b) Implementation.—
"(1) Delegation of authority.—The President may delegate any authority conferred upon the President in this subtitle to the Secretary of State.
"(2) Establishment of terms and conditions.—Consistent with this subtitle, the President shall establish the terms and conditions under which loans and credits may be reduced pursuant to subsection (a).
"(3) Implementation.—In exercising the authority of subsection (a), the President—
"(A) shall notify—
"(i) the Department of State, with respect to obligations of the former Soviet Union under the Lend Lease Act of 1941 [former 22 U.S.C. 411 et seq.]; and
"(ii) the Commodity Credit Corporation, with respect to obligations of the former Soviet Union under the Commodity Credit Corporation Act [15 U.S.C. 713a et seq.];
"(B) shall direct the cancellation of old obligations and the substitution of new obligations consistent with the Russian Federation Nonproliferation Investment Agreement; and
"(C) shall direct the appropriate agency to make an adjustment in the relevant accounts to reflect the new debt treatment.
"(4) Deposit of repayments.—All repayments of outstanding loan amounts under subsection (a) that are not designated under a Russian Federation Nonproliferation Investment Agreement shall be deposited in the United States Government accounts established for repayments of the original obligations.
"(5) Not treated as foreign assistance.—Any reduction of Soviet-era debt pursuant to this subtitle shall not be considered assistance for the purposes of any provision of law limiting assistance to a country.
"(c) Authorization of Appropriation.—
"(1) In general.—For the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 [2 U.S.C. 661a(5)]) of modifying any Soviet-era debt obligation pursuant to subsection (a), there are authorized to be appropriated to the President such sums as may be necessary.
"(2) Availability of funds.—Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended.
"SEC. 1315. RUSSIAN FEDERATION NONPROLIFERATION INVESTMENT AGREEMENT.
"(a) In General.—
"(1) In general.—The President is authorized to enter into an agreement with the Russian Federation under which an amount equal to the value of the debt reduced pursuant to section 1314 will be used to promote the nonproliferation of weapons of mass destruction and the means of delivering such weapons. An agreement entered into under this section may be referred to as the 'Russian Federation Nonproliferation Investment Agreement'.
"(2) Congressional notification.—The President shall notify the appropriate congressional committees at least 15 days in advance of the United States entering into a Russian Federation Nonproliferation Investment Agreement.
"(b) Content of the Agreement.—The Russian Federation Nonproliferation Investment Agreement shall ensure that—
"(1) an amount equal to the value of the debt reduced pursuant to this subtitle will be made available by the Russian Federation for agreed nonproliferation programs and projects;
"(2) each program or project funded pursuant to the Agreement will be approved by the President;
"(3) the administration and oversight of nonproliferation programs and projects will incorporate best practices from established threat reduction and nonproliferation assistance programs;
"(4) each program or project funded pursuant to the Agreement will be subject to monitoring and audits conducted by or for the United States Government to confirm that agreed funds are expended on agreed projects and meet agreed targets and benchmarks;
"(5) unobligated funds for investments pursuant to the Agreement will not be diverted to other purposes;
"(6) funds allocated to programs and projects pursuant to the Agreement will not be subject to any taxation by the Russian Federation;
"(7) all matters relating to the intellectual property rights and legal liabilities of United States firms in any project will be agreed upon before the expenditure of funds would be authorized for that project; and
"(8) not less than 75 percent of the funds made available for each nonproliferation program or project under the Agreement will be spent in the Russian Federation.
"(c) Use of Existing Mechanisms.—It is the sense of Congress that, to the extent practicable, the boards and administrative mechanisms of existing threat reduction and nonproliferation programs should be used in the administration and oversight of programs and projects under the Agreement.
"(d) Joint Auditing.—It is the sense of Congress that the United States and the Russian Federation should consider commissioning the United States Government Accountability Office and the Russian Chamber of Accounts to conduct joint audits to ensure that the funds saved by the Russian Federation as a result of any debt reduction are used exclusively, efficiently, and effectively to implement agreed programs or projects pursuant to the Agreement.
"(e) Structure of the Agreement.—It is the sense of Congress that the Agreement should provide for significant penalties—
"(1) if funds obligated for approved programs or projects are determined to have been misappropriated; and
"(2) if the President is unable to make the certification required by section 1317(a) for two consecutive years.
"SEC. 1316. INDEPENDENT MEDIA AND THE RULE OF LAW.
"Notwithstanding section 1315 (a)(1) and (b)(1), up to 10 percent of the amount equal to the value of the debt reduced pursuant to this subtitle may be used to promote a vibrant, independent media sector and the rule of law in the Russian Federation through an endowment to support the establishment of a 'Center for an Independent Press and the Rule of Law' in the Russian Federation, which shall be directed by a joint United States-Russian Board of Directors in which the majority of members, including the chairman, shall be United States personnel, and which shall be responsible for management of the endowment, its funds, and the Center's programs.
"SEC. 1317. RESTRICTION ON DEBT REDUCTION AUTHORITY.
"(a) Proliferation to State Sponsors of Terrorism.—Subject to the provisions of subsection (c), the debt reduction authority provided by section 1314 may not be exercised unless and until the President certifies to the appropriate congressional committees that the Russian Federation has made material progress in stemming the flow of sensitive goods, technologies, material, and know-how related to the design, development, and production of weapons of mass destruction and the means to deliver them to state sponsors of international terrorism.
"(b) Annual Determination.—If, in any annual report to Congress submitted pursuant to [former] section 1321, the President cannot certify that the Russian Federation continues to meet the condition required in subsection (a), then, subject to the provisions of subsection (c), the debt reduction authority provided by section 1314 may not be exercised unless and until such certification is made to the appropriate congressional committees.
"(c) Presidential Waiver.—The President may waive the requirements of subsection (a) or (b) for a fiscal year if the President—
"(1) determines that application of the subsection for a fiscal year would be counter to the national interest of the United States; and
"(2) so reports to the appropriate congressional committees.
"SEC. 1318. DISCUSSION OF RUSSIAN FEDERATION DEBT REDUCTION FOR NONPROLIFERATION WITH OTHER CREDITOR STATES.
"It is the sense of Congress that the President and such other appropriate officials as the President may designate should pursue discussions with other creditor states with the objectives of—
"(1) ensuring that other advanced industrial democracies, especially the largest holders of Soviet-era Russian debt, dedicate significant proportions of their bilateral official debt with the Russian Federation or equivalent amounts of direct assistance to the G–8 Global Partnership against the Spread of Weapons and Materials of Mass Destruction, as agreed upon in the Statement by G–8 Leaders on June 27, 2002; and
"(2) reaching agreement, as appropriate, to establish a unified Russian Federation official debt reduction fund to manage and provide financial transparency for the resources provided by creditor states through debt reductions.
"SEC. 1319. IMPLEMENTATION OF UNITED STATES POLICY.
"It is the sense of Congress that implementation of debt-for-nonproliferation programs with the Russian Federation should be overseen by the coordinating mechanism established pursuant to section 1334 of this Act [50 U.S.C. 2357b].
"SEC. 1320. CONSULTATIONS WITH CONGRESS.
"The President shall consult with the appropriate congressional committees on a periodic basis to review the implementation of this subtitle and the Russian Federation's eligibility for debt reduction pursuant to this subtitle.
§2357c. Purposes and authority
(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), 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.
§2357d. Administrative support
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.
§2357e. Confidentiality of information
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.
§2357f. Statutory construction
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. 3091 et seq.].
References in Text
The National Security Act of 1947, referred to in par. (2), is act
July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to
chapter 15 (§401 et seq.) of this title, prior to editorial reclassification in
chapter 44 (§3001 et seq.) of this title. Title V of the Act is now classified generally to subchapter III (§3091 et seq.) of
chapter 44 of this title. For complete classification of this Act to the Code, see Tables.
§2357g. Reporting and consultation
(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.
SUBCHAPTER V—MISCELLANEOUS
§2361. Sense of Congress concerning contracting policy
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; and
(B) substantially expedite completion of the programs referred to in subchapter III; 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.
§2362. Transfers of allocations among cooperative threat reduction programs
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.
Specification of Cooperative Threat Reduction Programs
Pub. L. 104–201, div. A, title XV, §1501, Sept. 23, 1996, 110 Stat. 2731, as amended by
Pub. L. 105–261, div. A, title XIII, §1301(a)(2), Oct. 17, 1998, 112 Stat. 2161;
Pub. L. 110–181, div. A, title XIII, §1303, Jan. 28, 2008, 122 Stat. 412, specified Cooperative Threat Reduction programs for purposes of
Pub. L. 104–201, prior to repeal by
Pub. L. 113–291, div. A, title XIII, §1351(5), Dec. 19, 2014, 128 Stat. 3607.
§2363. Sense of Congress concerning assistance to states of former Soviet Union
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.
(
Pub. L. 104–201, div. A, title XIV, §1453, Sept. 23, 1996, 110 Stat. 2730;
Pub. L. 105–261, div. A, title X, §1069(c)(4), Oct. 17, 1998, 112 Stat. 2136.)
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 (§5901 et seq.) of Title 22, Foreign Relations and Intercourse.
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".
§2364. Purchase of low-enriched uranium derived from Russian highly enriched uranium
(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.
§2365. Sense of Congress concerning purchase, packaging, and transportation of fissile materials at risk of theft
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.
Section,
Pub. L. 104–293, title VII, §721, Oct. 11, 1996, 110 Stat. 3474;
Pub. L. 107–306, title VIII, §811(b)(5)(C), Nov. 27, 2002, 116 Stat. 2424;
Pub. L. 108–177, title III, §361(k), Dec. 13, 2003, 117 Stat. 2626, required annual reports on acquisition of technology relating to weapons of mass destruction and advanced conventional munitions.
§2367. Reports on acquisition of technology relating to weapons of mass destruction and the threat posed by weapons of mass destruction, ballistic missiles, and cruise missiles
(a) Annual report
Not later than January 30 of each year, the Secretary of Defense, in consultation with the Director of National Intelligence, shall submit to the appropriate congressional committees a report on the following:
(1) The threats posed to the United States and allies of the United States—
(A) by weapons of mass destruction, ballistic missiles, and cruise missiles; and
(B) by the proliferation of weapons of mass destruction, ballistic missiles, and cruise missiles.
(2) The acquisition by foreign countries during the preceding 12 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.
(3) Any trends with respect to the acquisition described in paragraph (2).
(b) Matters included
Each report submitted under subsection (a) 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, or is making progress toward achieving, capability with respect to weapons of mass destruction, ballistic missiles, or cruise missiles has achieved, or is making progress toward achieving, 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 foreign countries that are a party to the Missile Technology Control Regime will comply with and enforce the 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 January 2, 2013, 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 Armed Forces of the United States deployed abroad with weapons of mass destruction, ballistic missiles, or cruise missiles as of January 2, 2013, 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.
(c) Classification
Each report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(d) Appropriate congressional committees defined
In this section, the term "appropriate congressional committees" means the following:
(1) The congressional defense committees.
(2) The congressional intelligence committees (as defined in section 3003 of this title).
(3) The Speaker and the minority leader of the House of Representatives and the majority leader and the minority leader of the Senate.
(
Pub. L. 105–85, div. A, title II, §234, Nov. 18, 1997, 111 Stat. 1664;
Pub. L. 112–239, div. A, title X, §1065(a), Jan. 2, 2013, 126 Stat. 1941.)
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.
Amendments
2013—
Pub. L. 112–239 amended section generally. Prior to amendment, section related to annual report on threat posed to United States by weapons of mass destruction, ballistic missiles, and cruise missiles.
Termination of Reporting Requirements
For termination, effective Dec. 31, 2021, of provisions of this section requiring submittal of annual report to Congress, see section 1061 of
Pub. L. 114–328, set out as a note under
section 111 of Title 10, Armed Forces.
Development of Strategy on Risks to Nonproliferation Caused by Additive Manufacturing
Pub. L. 114–92, div. C, title XXXI, §3139, Nov. 25, 2015, 129 Stat. 1215, as amended by
Pub. L. 114–328, div. C, title XXXI, §3137(d), Dec. 23, 2016, 130 Stat. 2772, provided that:
"(a) Strategy.—The President shall develop and pursue a strategy to address the risks to the goals and policies of the United States regarding nuclear nonproliferation that are caused by the increased use of additive manufacture technology (commonly referred to as '3D printing'), including such technology that does not originate in the United States.
"(b) Briefings.—
"(1) In general.—Not later than March 31, 2016, and annually thereafter through 2019, the President shall provide to the appropriate congressional committees a briefing on the strategy developed under subsection (a).
"(2) Interim briefings.—In addition to the briefings required by paragraph (1), the President shall provide to the appropriate congressional committees a notification or briefing if there is a development in additive manufacture technology, or increased use of additive manufacture technology, that could pose an increased risk to the United States from nuclear proliferation.
"(c) Pursuit of Strategy.—The President shall pursue the strategy developed under subsection (a) at the Nuclear Security Summit in Chicago, Illinois, in 2016.
"(d) Appropriate Congressional Committees Defined.—In this section, the term 'appropriate congressional committees' means the following:
"(1) The congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives].
"(2) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
"(3) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate."
[Memorandum of President of the United States, Mar. 18, 2016, 81 F.R. 15419, delegated to the Director of National Intelligence and the Under Secretary for Nuclear Security the functions and authorities vested in the President by section 3139(a) and (b) of
Pub. L. 114–92, set out above.]
Report on Iran's Capability To Produce Nuclear Weapons
"(a) Report Required.—Not later than 180 days after the date of the enactment of this Act [Oct. 14, 2008], and annually thereafter, the Director of National Intelligence shall submit to Congress a report on Iran's capability to produce nuclear weapons. The report required under this subsection may be submitted in classified form.
"(b) Matters to Be Included.—The report required under subsection (a) shall include the following:
"(1) The locations, types, and number of centrifuges and other specialized equipment necessary for the enrichment of uranium and any plans to acquire, manufacture, and operate such equipment in the future.
"(2) An estimate of the amount, if any, of highly enriched uranium and weapons grade plutonium acquired or produced to date, an estimate of the amount of weapons grade plutonium that is likely to be produced or acquired in the near- and midterms and the amount of highly enriched uranium that is likely to be produced or acquired in the near- and midterms, and the number of nuclear weapons that could be produced with such materials.
"(3) A evaluation of the extent to which security and safeguards at any nuclear site prevent, slow, verify, or help monitor the enrichment of uranium or the reprocessing of plutonium into weapons-grade materials.
"(4) A description of any weaponization activities, such as the research, design, development, or testing of nuclear weapons or weapons-related components.
"(5) A description of any programs to construct, acquire, test, or improve methods to deliver nuclear weapons, including an assessment of the likely progress of such programs in the near- and mid-terms.
"(6) A summary of assessments made by allies of the United States of Iran's nuclear weapons program and nuclear-capable delivery systems programs.
"(c) Notification.—The President shall notify Congress, in writing, within 15 days of determining that—
"(1) Iran has resumed a nuclear weapons program;
"(2) Iran has met or surpassed any major milestone in its nuclear weapons program; or
"(3) Iran has undertaken to accelerate, decelerate, or cease the development of any significant element within its nuclear weapons program."
"Congressional Defense Committees" Defined
Congressional defense committees means the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the House of Representatives, see section 3 of
Pub. L. 105–85, 111 Stat. 1645. See note under
section 101 of Title 10, Armed Forces.
§2368. Annual reports on the proliferation of missiles and essential components of nuclear, biological, chemical, and radiological weapons
(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) 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 4612(b)(4) of 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) 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.
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.
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.
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Delegation of Functions
For delegation of congressional reporting functions of President under subsec. (a) of this section, see section 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46073, set out as a note under section 301 of Title 3, The President.
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.
Section,
Pub. L. 104–293, title VII, §722, as added
Pub. L. 107–314, div. A, title XII, §1209(a), Dec. 2, 2002, 116 Stat. 2668, related to semiannual report on contributions of foreign persons to weapons of mass destruction and delivery systems efforts of countries of proliferation concern.
§2370. Notification of Committees on Armed Services with respect to certain nonproliferation and proliferation activities
(a) Notification with respect to nonproliferation activities
The Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, the Secretary of State, and the Nuclear Regulatory Commission shall keep the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives informed with respect to—
(1) any activities undertaken by any such Secretary or the Commission to carry out the purposes and policies of the Secretaries and the Commission with respect to nonproliferation programs; and
(2) any other activities undertaken by any such Secretary or the Commission to prevent the proliferation of nuclear, chemical, or biological weapons or the means of delivery of such weapons.
(b) Notification with respect to proliferation activities in foreign nations
(1) In general
The Director of National Intelligence shall keep the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives fully and currently informed with respect to any activities of foreign nations that are significant with respect to the proliferation of nuclear, chemical, or biological weapons or the means of delivery of such weapons.
(2) Fully and currently informed defined
For purposes of paragraph (1), the term "fully and currently informed" means the transmittal of credible information with respect to an activity described in such paragraph not later than 60 days after becoming aware of the activity.
Codification
Section was enacted as part of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, and not as part of the Defense Against Weapons of Mass Destruction Act of 1996 which comprises this chapter.
Section,
Pub. L. 111–84, div. A, title X, §1055, Oct. 28, 2009, 123 Stat. 2461;
Pub. L. 111–383, div. A, title X, §1075(d)(13), Jan. 7, 2011, 124 Stat. 4373;
Pub. L. 112–81, div. A, title X, §1071, Dec. 31, 2011, 125 Stat. 1592, related to report on nuclear aspirations of non-state entities, nuclear weapons and related programs in non-nuclear-weapons states and countries not parties to the Nuclear Non-Proliferation Treaty, and certain foreign persons.
