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50 U.S.C. § 2156 (WAR AND NATIONAL DEFENSE)
§ 2156. Regulations
(a) Requirement
The Director shall prescribe in regulations appropriate procedures to carry out this subchapter. Such regulations shall be prescribed in consultation with the Director of the Office of Personnel Management and the Executive Director of the Federal Retirement Thrift Investment Board.
(b) Congressional review
The Director shall submit regulations prescribed under subsection (a) to the congressional intelligence committees before they take effect.
(Pub. L. 88–643, title III, § 306, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3251.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 306 of Pub. L. 88–643, as added Pub. L. 99–335, title V, § 506, June 6, 1986, 100 Stat. 628, related to regulations and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
50 U.S.C. § 2157 (WAR AND NATIONAL DEFENSE)
§ 2157. Transition regulations
(a) Regulations
The Director shall prescribe regulations providing for the transition from the Central Intelligence Agency Retirement and Disability System to the Federal Employees’ Retirement System provided in chapter 84 of title 5 in a manner consistent with sections 301 through 304 of the Federal Employees’ Retirement System Act of 1986.
(b) Congressional review
The Director shall submit regulations prescribed under subsection (a) to the congressional intelligence committees before they take effect.
(Pub. L. 88–643, title III, § 307, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3251.)
heading: Editorial Notes
heading: References in Text
text: Sections 301 through 304 of the Federal Employees’ Retirement System Act of 1986, referred to in subsec. (a), are sections 301 to 304 of Pub. L. 99–335, which amended section 3121 of Title 26, Internal Revenue Code, and section 410 of Title 42, The Public Health and Welfare, and enacted provisions set out as a note under section 8331 of Title 5, Government Organization and Employees.
heading: Prior Provisions
text: A prior section 307 of Pub. L. 88–643, as added Pub. L. 99–335, title V, § 506, June 6, 1986, 100 Stat. 628, related to transition provisions and regulations and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
50 U.S.C. § 2201 (WAR AND NATIONAL DEFENSE)
§ 2201. Transfers of spoils of war
(a) Eligibility for transfer
Spoils of war in the possession, custody, or control of the United States may be transferred to any other party, including any government, group, or person, by sale, grant, loan or in any other manner, only to the extent and in the same manner that property of the same type, if otherwise owned by the United States, may be so transferred.
(b) Terms and conditions
Any transfer pursuant to subsection (a) shall be subject to all of the terms, conditions, and requirements applicable to the transfer of property of the same type otherwise owned by the United States.
(Pub. L. 103–236, title V, § 552, Apr. 30, 1994, 108 Stat. 482.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 103–236, title V, § 551, Apr. 30, 1994, 108 Stat. 482, provided that: “This part [part B (§§ 551–556) of title V of Pub. L. 103–236, enacting this chapter] may be cited as the ‘Spoils of War Act of 1994’.”
50 U.S.C. § 2302 (WAR AND NATIONAL DEFENSE)
§ 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.
(Pub. L. 104–201, div. A, title XIV, § 1403, Sept. 23, 1996, 110 Stat. 2717.)
heading: Editorial Notes
heading: References in Text
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.
50 U.S.C. § 2314 (WAR AND NATIONAL DEFENSE)
§ 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.)
heading: Editorial Notes
heading: References in Text
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.
heading: Amendments
text: 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.
50 U.S.C. § 2316 (WAR AND NATIONAL DEFENSE)
§ 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).
(Pub. L. 104–201, div. A, title XIV, § 1416, Sept. 23, 1996, 110 Stat. 2721.)
heading: Editorial Notes
heading: Codification
text: 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.
50 U.S.C. § 2331 (WAR AND NATIONAL DEFENSE)
§ 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).
(Pub. L. 104–201, div. A, title XIV, § 1421, Sept. 23, 1996, 110 Stat. 2725.)
heading: Editorial Notes
heading: References in Text
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.
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: Editorial Notes
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. § 2334 (WAR AND NATIONAL DEFENSE)
§ 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.)
heading: Editorial Notes
heading: Codification
text: 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.
heading: Amendments
text: 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”.
50 U.S.C. § 2342 (WAR AND NATIONAL DEFENSE)
§ 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.
(Pub. L. 107–314, div. C, title XXXI, § 3155, Dec. 2, 2002, 116 Stat. 2739.)
heading: Editorial Notes
heading: References in Text
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.
heading: Codification
text: 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.
50 U.S.C. § 2343 (WAR AND NATIONAL DEFENSE)
§ 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.)
heading: Editorial Notes
heading: References in Text
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.
heading: Codification
text: 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.
heading: Amendments
text: 2011—Subsec. (b)(1). Pub. L. 111–383 substituted “January 1, 2018” for “January 1, 2013”.
50 U.S.C. § 2344 (WAR AND NATIONAL DEFENSE)
§ 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.
(Pub. L. 107–314, div. C, title XXXI, § 3158, Dec. 2, 2002, 116 Stat. 2741.)
heading: Editorial Notes
heading: References in Text
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.
heading: Codification
text: 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.
50 U.S.C. § 2345 (WAR AND NATIONAL DEFENSE)
§ 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.
(Pub. L. 107–314, div. C, title XXXI, § 3159, Dec. 2, 2002, 116 Stat. 2741.)
heading: Editorial Notes
heading: References in Text
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.
heading: Codification
text: 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.