50 U.S.C. § 2301 — Findings

Page 372 TITLE 50—WAR AND NATIONAL DEFENSE § 2205 (Pub. L. 103–236, title V, § 555, Apr. 30, 1994, 108 Stat. 482.) § 2205. Construction Nothing in this chapter shall apply to— (1) the abandonment or failure to take pos- session of spoils of war by troops in the field for valid military reasons related to the con- duct of the immediate conflict, including the burden of transporting such property or a deci- sion to allow allied forces to take immediate possession of certain property solely for use during an ongoing conflict; (2) the abandonment or return of any prop- erty obtained, borrowed, or requisitioned for temporary use during military operations without intent to retain possession of such property; (3) the destruction of spoils of war by troops in the field; (4) the return of spoils of war to previous owners from whom such property had been seized by enemy forces; or (5) minor articles of personal property which have lawfully become the property of indi- vidual members of the armed forces as war trophies pursuant to public written authoriza- tion from the Department of Defense. (Pub. L. 103–236, title V, § 556, Apr. 30, 1994, 108 Stat. 483.) CHAPTER 40—DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION Sec. 2301. Findings. 2302. Definitions. SUBCHAPTER I—DOMESTIC PREPAREDNESS 2311. Response to threats of terrorist use of weap- ons of mass destruction. 2312. Repealed. 2313. Nuclear, chemical, and biological emergency response. 2314. Chemical, biological, radiological, nuclear, and high-yield explosives response team. 2315. Testing of preparedness for emergencies in- volving 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 pen- alties. 2333. International border security. 2334. Training program. SUBCHAPTER III—CONTROL AND DISPOSITION OF WEAPONS OF MASS DESTRUCTION AND RE- LATED MATERIALS THREATENING THE UNITED STATES 2341. Elimination of plutonium production. 2342. Cooperative program on research, develop- ment, and demonstration of technology re- garding nuclear or radiological terrorism. 2343. Matters relating to the international mate- rials protection, control, and accounting program of the Department of Energy. 2344. Strengthened international security for nu- clear materials and security of nuclear op- erations. Sec. 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. 2354. Termination. SUBCHAPTER IV–A—NONPROLIFERATION ASSISTANCE COORDINATION 2357. Findings. 2357a. Definitions. 2357b. Establishment of Committee on Nonprolifera- tion 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 pol- icy. 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, pack- aging, and transportation of fissile mate- rials at risk of theft. 2366. Repealed. 2367. Reports on acquisition of technology relating to weapons of mass destruction and the threat posed by weapons of mass destruc- tion, ballistic missiles, and cruise missiles. 2368. Annual reports on the proliferation of mis- siles and essential components of nuclear, biological, chemical, and radiological weap- ons. 2369. Repealed. 2370. Notification of Committees on Armed Serv- ices with respect to certain nonprolifera- tion and proliferation activities. 2371. Repealed. § 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 read- ily available on the Internet, and raw mate- rials 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 com- mand and control systems, deficiencies in ac- countability for weapons, weapons-related ma- terials 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 Page 373 TITLE 50—WAR AND NATIONAL DEFENSE § 2301 the states of the former Soviet Union increase the potential for proliferation of nuclear, radi- ological, biological, and chemical weapons and related materials. (5) The conditions described in paragraph (4) have substantially increased the ability of po- tentially hostile nations, terrorist groups, and individuals to acquire weapons of mass de- struction and related materials and tech- nologies 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 capa- bility of potentially hostile nations and ter- rorist 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 destruc- tion 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 move- ments indirectly and with plausible deniability. (10) Terrorist groups have already conducted chemical attacks against civilian targets in the United States and Japan, and a radio- logical attack in Russia. (11) The potential for the national security of the United States to be threatened by nu- clear, radiological, chemical, or biological ter- rorism 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, radio- logical, biological, and chemical weapons de- livered by unconventional means is significant and growing. (14) Mass terror may result from terrorist in- cidents involving nuclear, radiological, bio- logical, or chemical materials. (15) Facilities required for production of ra- diological, biological, and chemical weapons are much smaller and harder to detect than nuclear weapons facilities, and biological and chemical weapons can be deployed by alter- native delivery means other than long-range ballistic missiles. (16) Covert or unconventional means of de- livery of nuclear, radiological, biological, and chemical weapons include cargo ships, pas- senger aircraft, commercial and private vehi- cles and vessels, and commercial cargo ship- ments routed through multiple destinations. (17) Traditional arms control efforts assume large state efforts with detectable manufac- turing programs and weapons production pro- grams, but are ineffective in monitoring and controlling smaller, though potentially more dangerous, unconventional proliferation ef- forts. (18) Conventional counterproliferation ef- forts would do little to detect or prevent the rapid development of a capability to suddenly manufacture several hundred chemical or bio- logical weapons with nothing but commercial supplies and equipment. (19) The United States lacks adequate plan- ning and countermeasures to address the threat of nuclear, radiological, biological, and chemical terrorism. (20) The Department of Energy has estab- lished a Nuclear Emergency Response Team which is available in case of nuclear or radio- logical emergencies, but no comparable units exist to deal with emergencies involving bio- logical or chemical weapons or related mate- rials. (21) State and local emergency response per- sonnel 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, bio- logical, 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 chem- ical terrorism in the United States requires well-coordinated participation of many Fed- eral agencies, and careful planning by the Fed- eral Government and State and local govern- ments. (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 tradition- ally has provided assistance to Federal, State, and local officials in neutralizing, disman- tling, and disposing of explosive ordnance, as well as radiological, biological, and chemical materials, can be a vital contribution to the development and deployment of counter- measures 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. (Pub. L. 104–201, div. A, title XIV, § 1402, Sept. 23, 1996, 110 Stat. 2715.) Statutory Notes and Related Subsidiaries 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 Pro- liferation 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 sec- tions 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 Inter- course] may be cited as the ‘Defense Against Weapons of Mass Destruction Act of 1996’.’’ Page 374 TITLE 50—WAR AND NATIONAL DEFENSE § 2301 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, en- acting subchapter IV–A of this chapter] may be cited as the ‘Nonproliferation Assistance Coordination Act of 2002’.’’ UTILIZATION OF CONTRIBUTIONS TO INTERNATIONAL NU- CLEAR MATERIALS PROTECTION AND COOPERATION PROGRAM AND RUSSIAN PLUTONIUM DISPOSITION PRO- GRAM 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 contrib- utes funds for purposes of the International Nuclear Materials Protection and Cooperation program or Rus- sian Plutonium Disposition program of the National Nuclear Security Administration. ‘‘(b) RETENTION AND USE OF AMOUNTS.—Notwith- standing 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 Pluto- nium 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 COMMIT- TEES.—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 Ap- propriations of the Senate and the House of Represent- atives] a notice specifying the purpose and value of the contribution and identifying the person who contrib- uted 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 pre- ceding 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 contrib- uted it; ‘‘(2) a statement of any amounts used under this section, including, for each such amount, the pur- poses 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 Sec- retary intends to use the amount. ‘‘(f) EXPIRATION.—The authority to accept, retain, and use contributions under this section expires on De- cember 31, 2015.’’ COMMISSION TO ASSESS THE THREAT TO THE UNITED STATES FROM ELECTROMAGNETIC PULSE (EMP) ATTACK Pub. L. 114–92, div. A, title X, § 1089(a), (b), Nov. 25, 2015, 129 Stat. 1015, 1016, provided that: ‘‘(a) REESTABLISHMENT.—The commission established pursuant to title XIV of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as en- acted 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 Au- thorization 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 Electro- magnetic Pulse Attack, is hereby reestablished. ‘‘(b) MEMBERSHIP.—Service on the Commission is vol- untary, 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 chair- men 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 va- cancy.’’ Pub. L. 109–163, div. A, title X, § 1052(a)–(c), Jan. 6, 2006, 119 Stat. 3434, provided that: ‘‘(a) REESTABLISHMENT.—The commission established pursuant to title XIV of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as en- acted into law by Public Law 106–398; 114 Stat. 1654A–345) [formerly set out below], known as the Com- mission 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 serv- ice 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 Na- tional 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 Com- mission to Assess the Threat to the United States From Electromagnetic Pulse (EMP) Attack, was re- pealed 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, re- pealing section 1 of Pub. L. 106–398, set out above, is ef- fective 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’. Page 375 TITLE 50—WAR AND NATIONAL DEFENSE § 2301 ‘‘SEC. 1402. DOMESTIC PREPAREDNESS FOR RE- SPONSE 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 effec- tiveness at the Federal, State, and local level of the do- mestic emergency preparedness program for response to terrorist incidents involving weapons of mass de- struction by utilizing the President’s existing authori- ties 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 pre- vent and respond to terrorist incidents involving weap- ons of mass destruction. ‘‘SEC. 1403. REPORT ON DOMESTIC EMERGENCY PREPAREDNESS [Repealed. Pub. L. 107–296, title VIII, § 889(b)(2), Nov. 25, 2002, 116 Stat. 2251.] ‘‘SEC. 1404. THREAT AND RISK ASSESSMENTS. ‘‘(a) THREAT AND RISK ASSESSMENTS.—Assistance to Federal, State, and local agencies provided under the program under section 1402 shall include the perform- ance 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 ef- fort 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 weap- ons of mass destruction, shall— ‘‘(1) conduct any threat and risk assessment per- formed under subsection (a) in coordination with ap- propriate 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 DOMES- TIC RESPONSE CAPABILITIES FOR TERRORISM INVOLVING WEAPONS OF MASS DESTRUCTION. ‘‘(a) REQUIREMENT FOR PANEL.—The Secretary of De- fense, in consultation with the Attorney General, the Secretary of Energy, the Secretary of Health and Human Services, and the Director of the Federal Emer- gency Management Agency, shall enter into a contract with a federally funded research and development cen- ter to establish a panel to assess the capabilities for do- mestic 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 citi- zens 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 do- mestic preparedness for incidents involving weapons of mass destruction; ‘‘(2) assess the progress of Federal training pro- grams for local emergency responses to incidents in- volving weapons of mass destruction; ‘‘(3) assess deficiencies in programs for response to incidents involving weapons of mass destruction, in- cluding a review of unfunded communications, equip- ment, and planning requirements, and the needs of maritime regions; ‘‘(4) recommend strategies for ensuring effective co- ordination 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 capa- bilities. ‘‘(e) DEADLINE TO ENTER INTO CONTRACT.—The Sec- retary 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 en- ters 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 re- port setting forth its findings, conclusions, and rec- ommendations for improving Federal, State, and local domestic emergency preparedness to respond to inci- dents involving weapons of mass destruction. ‘‘(2) Not later than December 15 of each year, begin- ning 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 emer- gency 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 Emer- gency 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 initia- tives. ‘‘(k) COMPENSATION OF PANEL MEMBERS.—The provi- sions 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 Emer- gency 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 para- graph. ‘‘(l) TERMINATION OF THE PANEL.—The panel shall ter- minate 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 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).