dreamproit/uscode huggingface dataset:
50 U.S.C. § 2332 (WAR AND NATIONAL DEFENSE)
§ 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.)
heading: References in Text
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 (b)(1), was repealed by Pub.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.
heading: Codification
text: 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.
heading: Amendments
text: 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.
50 U.S.C. § 2627 (WAR AND NATIONAL DEFENSE)
§ 2627. Notification regarding air release of radioactive or hazardous material
If the Secretary of Energy (or a designee of the Secretary) is notified of an improper release into the air of radioactive or hazardous material above applicable statutory or regulatory limits that resulted from waste generated by atomic energy defense activities at the Hanford Nuclear Reservation, Richland, Washington, the Secretary (or designee of the Secretary) shall—
(1) not later than two business days after being notified of the release, notify the congressional defense committees of the release; and
(2) not later than seven business days after being notified of the release, provide the congressional defense committees a briefing on the status of the release, including—
(A) the cause of the release, if known; and
(B) preliminary plans to address and remediate the release, including associated costs and timelines.
(Pub. L. 107–314, div. D, title XLIV, § 4447, as added Pub. L. 115–232, div. C, title XXXI, § 3115(a), Aug. 13, 2018, 132 Stat. 2291.)
50 U.S.C. § 2654 (WAR AND NATIONAL DEFENSE)
§ 2654. Department of Energy counterintelligence polygraph program
(a) New counterintelligence polygraph program required
The Secretary of Energy shall carry out, under regulations prescribed under this section, a new counterintelligence polygraph program for the Department of Energy. The purpose of the new program is to minimize the potential for release or disclosure of classified data, materials, or information.
(b) Authorities and limitations
(1) The Secretary shall prescribe regulations for the new counterintelligence polygraph program required by subsection (a) in accordance with the provisions of subchapter II of chapter 5 of title 5 (commonly referred to as the Administrative Procedures Act).
(2) In prescribing regulations for the new program, the Secretary shall take into account the results of the Polygraph Review.
(3) Not later than six months after obtaining the results of the Polygraph Review, the Secretary shall issue a notice of proposed rulemaking for the new program.
(4) In the event of a counterintelligence investigation, the regulations prescribed under paragraph (1) may ensure that the persons subject to the counterintelligence polygraph program required by subsection (a) include any person who is—
(A) a national of the United States (as such term is defined in section 1101 of title 8) and also a national of a foreign state; and
(B) an employee or contractor who requires access to classified information.
(c) Omitted
(d) Polygraph Review defined
In this section, the term “Polygraph Review” means the review of the Committee to Review the Scientific Evidence on the Polygraph of the National Academy of Sciences.
(Pub. L. 107–314, div. D, title XLV, § 4504, formerly Pub. L. 107–107, div. C, title XXXI, § 3152, Dec. 28, 2001, 115 Stat. 1376; renumbered Pub. L. 107–314, div. D, title XLV, § 4504, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(h)(5)(A), Nov. 24, 2003, 117 Stat. 1772; Pub. L. 113–66, div. C, title XXXI, § 3146(f)(2), Dec. 26, 2013, 127 Stat. 1079; Pub. L. 115–232, div. C, title XXXI, § 3112, Aug. 13, 2018, 132 Stat. 2290.)
heading: Codification
text: Section is comprised of section 4504 of Pub. L. 107–314. Subsec. (c) of section 4504 of Pub. L. 107–314 repealed section 2655 of this title.
Section was formerly classified to section 7383h–1 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.
heading: Amendments
text: 2018—Subsec. (b)(4). Pub. L. 115–232 added par. (4).
2013—Subsecs. (d), (e). Pub. L. 113–66 redesignated subsec. (e) as (d) and struck out former subsec. (d) which required submission of a report on further enhancement of personnel security program.
2003—Subsec. (c). Pub. L. 108–136, § 3141(h)(5)(A)(iv), made technical amendment. See Codification note above.
50 U.S.C. § 2756 (WAR AND NATIONAL DEFENSE)
§ 2756. Unfunded priorities of the National Nuclear Security Administration
(a) Annual report
Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105(a) of title 31, the Administrator shall submit to the Secretary of Energy and the congressional defense committees a report on the unfunded priorities of the Administration.
(b) Elements
(1) In general
Each report required by subsection (a) shall specify, for each unfunded priority covered by the report, the following:
(A) A summary description of that priority, including the objectives to be achieved if that priority is funded (whether in whole or in part).
(B) The additional amount of funds recommended in connection with the objectives under subparagraph (A).
(C) Account information with respect to that priority.
(2) Prioritization of priorities
Each report required by subsection (a) shall present the unfunded priorities covered by the report in order of urgency of priority.
(c) Limitation
If the Administrator fails to submit to the congressional defense committees a report required by subsection (a) for any of fiscal years 2020 through 2024 that includes the matters specified in subsection (b)(1) for at least one unfunded priority by the deadline specified in subsection (a), not more than 65 percent of the funds authorized to be appropriated or otherwise made available for the fiscal year in which such failure occurs for travel and transportation of persons under the Federal salaries and expenses account of the Administration may be obligated or expended until the date on which the Administrator submits such report.
(d) Unfunded priority defined
In this section, the term “unfunded priority”, in the case of a fiscal year, means a program, activity, or mission requirement that—
(1) is not funded in the budget of the President for that fiscal year as submitted to Congress pursuant to section 1105(a) of title 31;
(2) is necessary to fulfill a requirement associated with the mission of the Administration; and
(3) would have been recommended for funding through the budget referred to in paragraph (1) by the Administrator—
(A) if additional resources were available for the budget to fund the program, activity, or mission requirement; or
(B) in the case of a program, activity, or mission requirement that emerged after the budget was formulated, if the program, activity, or mission requirement had emerged before the budget was formulated.
(Pub. L. 107–314, div. D, title XLVII, § 4716, as added Pub. L. 115–91, div. C, title XXXI, § 3132(a), Dec. 12, 2017, 131 Stat. 1895; Pub. L. 115–232, div. C, title XXXI, § 3124, Aug. 13, 2018, 132 Stat. 2297.)
heading: Amendments
text: 2018—Subsecs. (c), (d). Pub. L. 115–232 added subsec. (c) and redesignated former subsec. (c) as (d).
50 U.S.C. § 4602 (WAR AND NATIONAL DEFENSE)
§ 4602. Repealed. Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232
text: Section, Pub. L. 96–72, § 3, Sept. 29, 1979, 93 Stat. 504; Pub. L. 99–64, title I, § 103, July 12, 1985, 99 Stat. 121; Pub. L. 103–199, title II, § 201(b)(2), Dec. 17, 1993, 107 Stat. 2321, set forth policy declarations with respect to Export Administration Act of 1979.
text: Section was formerly classified to section 2402 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
text: A prior section 2402 of the former Appendix to this title, Pub. L. 91–184, § 3, Dec. 30, 1969, 83 Stat. 841; Pub. L. 92–412, title I, § 103, Aug. 29, 1972, 86 Stat. 644; Pub. L. 93–500, §§ 2, 4(b), (c), 11, Oct. 29, 1974, 88 Stat. 1552, 1553, 1556; Pub. L. 95–52, title I, § 115, title II, § 202, June 22, 1977, 91 Stat. 241, 247, set forth declaration of policy of Congress with respect to the Export Administration Act of 1969, prior to the expiration of this Act on Sept. 30, 1979.
(WAR AND NATIONAL DEFENSE)
§§ 4622, 4623. Repealed. Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232
text: Section 4622, Pub. L. 96–72, § 20, Sept. 29, 1979, 93 Stat. 535; Pub. L. 98–108, § 1, Oct. 1, 1983, 97 Stat. 744; Pub. L. 98–207, Dec. 5, 1983, 97 Stat. 1391; Pub. L. 98–222, Feb. 29, 1984, 98 Stat. 36; Pub. L. 99–64, title I, § 120, July 12, 1985, 99 Stat. 155; Pub. L. 100–418, title II, § 2431, Aug. 23, 1988, 102 Stat. 1362; Pub. L. 103–10, § 2, Mar. 27, 1993, 107 Stat. 40; Pub. L. 103–277, July 5, 1994, 108 Stat. 1407; Pub. L. 106–508, Nov. 13, 2000, 114 Stat. 2360, set forth the termination date of this chapter.
text: Section 4623, Pub. L. 96–72, § 21, Sept. 29, 1979, 93 Stat. 535, set forth savings provisions relating to the Export Control Act of 1949 and the Export Administration Act of 1969.
text: Former sections 4622 and 4623 were formerly classified to sections 2419 to 2420 of the former Appendix to this title, respectively, prior to editorial reclassification and renumbering.
heading: Continuation of Export Control Regulations
text: Provisions relating to continued effectiveness of the Export Administration Act of 1979, 50 U.S.C. 4601 et seq., and to issuance and continued effectiveness of rules, regulations, orders, licenses, and other forms of administrative action and delegations of authority relating to administration of that Act, were contained in the following:
Ex. Ord. No. 13222, Aug. 17, 2001, 66 F.R. 44025, and notices of continuation, listed in a table under section 1701 of this title.
Ex. Ord. No. 13206, Apr. 4, 2001, 66 F.R. 18397, listed in a table under section 1701 of this title.
Ex. Ord. No. 12924, Aug. 19, 1994, 59 F.R. 43437, revoked by Ex. Ord. No. 13206, § 1, Apr. 4, 2001, 66 F.R. 18397, and notices of continuation, listed in a table under section 1701 of this title.
Ex. Ord. No. 12923, June 30, 1994, 59 F.R. 34551, revoked by Ex. Ord. No. 12924, § 4, Aug. 19, 1994, 59 F.R. 43438, listed in a table under section 1701 of this title.
Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747, listed in a table under section 1701 of this title.
Ex. Ord. No. 12730, Sept. 30, 1990, 55 F.R. 40373, revoked by Ex. Ord. No. 12867, Sept. 30, 1993, 58 F.R. 51747, and notices of continuation, listed in a table under section 1701 of this title.
Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757, listed in a table under section 1701 of this title.
Ex. Ord. No. 12470, Mar. 30, 1984, 49 F.R. 13099, revoked by Ex. Ord. No. 12525, July 12, 1985, 50 F.R. 28757, and notice of continuation, listed in a table under section 1701 of this title.
Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563, listed in a table under section 1701 of this title.
Ex. Ord. No. 12444, Oct. 14, 1983, 48 F.R. 48215, revoked by Ex. Ord. No. 12451, Dec. 20, 1983, 48 F.R. 56563, listed in a table under section 1701 of this title.
50 U.S.C. § 4814 (WAR AND NATIONAL DEFENSE)
§ 4814. Administration of export controls
(a) In general
The President shall rely on, including through delegations, as appropriate, the Secretary, the Secretary of Defense, the Secretary of State, the Secretary of Energy, the Director of National Intelligence, and the heads of other Federal agencies as appropriate, to exercise the authority to carry out the purposes set forth in subsection (b).
(b) Purposes
The purposes of this section include to—
(1) advise the President with respect to—
(A) identifying specific threats to the national security and foreign policy that the authority of this subchapter may be used to address; and
(B) exercising the authority under this subchapter to implement policies, regulations, procedures, and actions that are necessary to effectively counteract those threats;
(2) review and approve—
(A) criteria for including items on, and removing such an item from, a list of controlled items established under this subchapter;
(B) an interagency procedure for compiling and amending any list described in subparagraph (A);
(C) criteria for including a person on a list of persons to whom exports, reexports, and in-country transfers of items are prohibited or restricted under this subchapter;
(D) standards for compliance by persons subject to controls under this subchapter; and
(E) policies and procedures for the end-use monitoring of exports, reexports, and in-country transfers of items controlled under this subchapter; and
(3) benefit from the inherent equities, experience, and capabilities of the Federal officials described in subsection (a).
(c) Sense of Congress
It is the sense of Congress that the administration of export controls under this subchapter should be consistent with the procedures relating to export license applications described in Executive Order 12981 (1995).
(Pub. L. 115–232, div. A, title XVII, § 1755, Aug. 13, 2018, 132 Stat. 2216.)
heading: References in Text
text: This subchapter, referred to in subsecs. (b)(1), (2), and (c), was in the original “this part”, meaning part I (§§ 1751–1768) of subtitle B of title XVII of div. A of Pub. L. 115–232, known as the Export Controls Act of 2018, which is classified principally to this subchapter. For complete classification of part I to the Code, see section 1751 of Pub. L. 115–232, set out as a Short Title note under section 4801 of this title and Tables.
Executive Order 12981, referred to in subsec. (c), is Ex. Ord. No. 12981, Dec. 5, 1995, 60 F.R. 62981, which is set out as a note under former section 4603 of this title.
50 U.S.C. § 4816 (WAR AND NATIONAL DEFENSE)
§ 4816. Compliance assistance
(a) System for seeking assistance
The President may authorize the Secretary to establish a system to provide United States persons with assistance in complying with this subchapter, which may include a mechanism for providing information, in classified form as appropriate, who 1 are potential customers, suppliers, or business partners with respect to items controlled under this subchapter, in order to further ensure the prevention of the export, reexport, or in-country transfer of items that may pose a threat to the national security or foreign policy of the United States.
(b) Security clearances
In order to carry out subsection (a), the President may issue appropriate security clearances to persons described in that subsection who are responsible for complying with this subchapter.
(c) Assistance for certain businesses
(1) In general
Not later than 120 days after August 13, 2018, the President shall develop and submit to Congress a plan to assist small- and medium-sized United States businesses in export licensing and other processes under this subchapter.
(2) Contents
The plan shall include, among other things, arrangements for the Department of Commerce to provide counseling to businesses described in paragraph (1) on filing applications and identifying items controlled under this subchapter, as well as proposals for seminars and conferences to educate such businesses on export controls, licensing procedures, and related obligations.
(Pub. L. 115–232, div. A, title XVII, § 1757, Aug. 13, 2018, 132 Stat. 2218.)
heading: References in Text
text: This subchapter, referred to in text, was in the original “this part”, meaning part I (§§ 1751–1768) of subtitle B of title XVII of div. A of Pub. L. 115–232, known as the Export Controls Act of 2018, which is classified principally to this subchapter. For complete classification of part I to the Code, see section 1751 of Pub. L. 115–232, set out as a Short Title note under section 4801 of this title and Tables.
50 U.S.C. § 4818 (WAR AND NATIONAL DEFENSE)
§ 4818. Review relating to countries subject to comprehensive United States arms embargo
(a) In general
The Secretary, the Secretary of Defense, the Secretary of State, the Secretary of Energy, and the heads of other Federal agencies as appropriate, shall conduct a review of license requirements for exports, reexports, or in-country transfers of items to countries subject to a comprehensive United States arms embargo, including, as appropriate—
(1) the scope of controls under title 15, Code of Federal Regulations, that apply to exports, reexports, and in-country transfers for military end uses and military end users in countries that are subject to a comprehensive United States arms embargo and countries that are subject to a United Nations arms embargo; and
(2) entries on the Commerce Control List maintained under title 15, Code of Federal Regulations, that are not subject to a license requirement for the export, reexport, or in-country transfer of items to countries subject to a comprehensive United States arms embargo;
(b) Implementation of results of review
Not later than 270 days after August 13, 2018, the Secretary shall implement the results of the review conducted under subsection (a).
(Pub. L. 115–232, div. A, title XVII, § 1759, Aug. 13, 2018, 132 Stat. 2223.)
50 U.S.C. § 4821 (WAR AND NATIONAL DEFENSE)
§ 4821. Administrative procedure
(a) In general
Except as provided in section 4819(c)(2) or 4843(c) of this title, the functions exercised under this subchapter shall not be subject to sections 551, 553 through 559, and 701 through 706 of title 5.
(b) Administrative law judges
(1) In general
The Secretary may—
(A) appoint administrative law judges, consistent with the provisions of section 3105 of title 5; and
(B) designate properly appointed administrative law judges from other Federal agencies who are provided to the Department of Commerce pursuant to a legally authorized interagency agreement.
(2) Limitation
An administrative law judge appointed or designated by the Secretary under paragraph (1) may preside only over proceedings of the Department of Commerce.
(c) Amendments to regulations
The President shall notify in advance the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Foreign Affairs of the House of Representatives of any proposed amendments to the Export Administration Regulations with an explanation of the intent and rationale of such amendments.
(Pub. L. 115–232, div. A, title XVII, § 1762, Aug. 13, 2018, 132 Stat. 2231.)
heading: References in Text
text: This subchapter, referred to in subsec. (a), was in the original “this part”, meaning part I (§§ 1751–1768) of subtitle B of title XVII of div. A of Pub. L. 115–232, known as the Export Controls Act of 2018, which is classified principally to this subchapter. For complete classification of part I to the Code, see section 1751 of Pub. L. 115–232, set out as a Short Title note under section 4801 of this title and Tables.
50 U.S.C. § 4822 (WAR AND NATIONAL DEFENSE)
§ 4822. Review of interagency dispute resolution process
(a) In general
The President shall review and evaluate the interagency export license referral, review, and escalation processes for dual-use items and munitions under the licensing jurisdiction of the Department of Commerce or any other Federal agency, as appropriate, to determine whether current practices and procedures are consistent with established national security and foreign policy objectives.
(b) Report
Not later than 180 days after August 13, 2018, the President shall submit to the appropriate congressional committees a report that contains the results of the review carried out under subsection (a).
(c) Operating Committee for Export Policy
In any case in which the Operating Committee for Export Policy established by Executive Order 12981 (December 5, 1991; 1 relating to Administration of Export Controls) is meeting to conduct an interagency dispute resolution relating to applications for export licenses under the Export Administration Regulations, matters relating to jet engine hot section technology, commercial communication satellites, and emerging or foundational technology may be decided by majority vote.
(d) Appropriate congressional committees defined
In this section, the term “appropriate congressional committees” means—
(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(Pub. L. 115–232, div. A, title XVII, § 1763, Aug. 13, 2018, 132 Stat. 2231.)
heading: References in Text
text: Executive Order 12981, referred to in subsec. (c), is Ex. Ord. No. 12981, Dec. 5, 1995, 60 F.R. 62981, which is set out as a note under former section 4603 of this title.
50 U.S.C. § 4823 (WAR AND NATIONAL DEFENSE)
§ 4823. Consultation with other agencies on commodity classification
Notwithstanding any other provision of law, the Secretary shall consult with the Secretary of Defense, the Secretary of State, and the Secretary of Energy, as appropriate, regarding commodity classifications for any item the Secretary and the Secretary of Defense, the Secretary of State, and the Secretary of Energy identify and mutually determine is materially significant enough to warrant interagency consultation.
(Pub. L. 115–232, div. A, title XVII, § 1764, Aug. 13, 2018, 132 Stat. 2232.)