50 U.S.C. § 2312 — Repealed. Pub. L. 109–163, div. A, title X,

Page 376 TITLE 50—WAR AND NATIONAL DEFENSE § 2302 to periods of service on the advisory panel under sec- tion 1405 of the Strom Thurmond National Defense Au- thorization 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, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency 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 li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] Executive Documents EXECUTIVE ORDER NO. 13328 Ex. Ord. No. 13328, Feb. 6, 2004, 69 F.R. 6901, which es- tablished the Commission on the Intelligence Capabili- ties of the United States Regarding Weapons of Mass Destruction, was revoked by Ex.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, formerly set out as a note under section 1013 of 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. (Pub. L. 104–201, div. A, title XIV, § 1403, Sept. 23, 1996, 110 Stat. 2717.) Editorial Notes 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 ac- tion— (1) to enhance the capability of the Federal Government to prevent and respond to ter- rorist incidents involving weapons of mass de- struction; 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 pre- vention and response efforts; (2) requirements for improvements in those capabilities; and (3) the measures that should be taken to achieve such improvements, including addi- tional resources and legislative authorities that would be required. (Pub. L. 104–201, div. A, title XIV, § 1411, Sept. 23, 1996, 110 Stat. 2717.) § 2312. Repealed. Pub. L. 109–163, div. A, title X, § 1034, Jan. 6, 2006, 119 Stat. 3429 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 emer- gency response (a) Department of Defense The Assistant Secretary of Defense for Home- land Defense is responsible for the coordination of Department of Defense assistance to Federal, State, and local officials in responding to threats involving nuclear, radiological, biologi- cal, chemical weapons, or high-yield explosives or related materials or technologies, including assistance in identifying, neutralizing, disman- tling, and disposing of nuclear, radiological, bio- logical, chemical weapons, and high-yield explo- sives and related materials and technologies. (b) Department of Energy The Secretary of Energy shall designate an of- ficial within the Department of Energy as the executive agent for— (1) the coordination of Department of En- ergy assistance to Federal, State, and local of- ficials in responding to threats involving nu- clear, chemical, and biological weapons or re- lated materials or technologies, including as- sistance in identifying, neutralizing, disman- tling, and disposing of nuclear weapons and re- lated materials and technologies; and (2) the coordination of Department of En- ergy assistance to the Department of Defense in carrying out that department’s responsibil- ities under subsection (a).