50 U.S.C. § 2361 — Sense of Congress concerning contracting

Page 389 TITLE 50—WAR AND NATIONAL DEFENSE § 2361 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 ef- forts. (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 work- ing 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 reduc- tion efforts, including coordination between public and private spending on nonprolifera- tion and threat reduction programs and co- ordination between public spending and pri- vate investment in defense conversion activi- ties 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 pro- grams, and particularly such efforts in the independent states of the former Soviet Union; (5) encourage companies and nongovern- mental organizations involved in nonprolifera- tion efforts of the independent states of the former Soviet Union or other countries of con- cern to voluntarily report these efforts to it; (6) direct the preparation of analyses on issues and problems relating to the coordina- tion between the United States and other countries with respect to nonproliferation ef- forts, and particularly such efforts in the inde- pendent 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. (Pub. L. 107–228, div. B, title XIII, § 1335, Sept. 30, 2002, 116 Stat. 1450.) § 2357d. Administrative support All United States departments and agencies shall provide, to the extent permitted by law, such information and assistance as may be re- quested by the coordination mechanism estab- lished pursuant to section 2357b of this title, in carrying out its functions and activities under this subchapter. (Pub. L. 107–228, div. B, title XIII, § 1336, Sept. 30, 2002, 116 Stat. 1451.) § 2357e. Confidentiality of information Information which has been submitted to or received by the coordination mechanism estab- lished pursuant to section 2357b of this title in confidence shall not be publicly disclosed, ex- cept to the extent required by law, and such in- formation shall be used by it only for the pur- pose of carrying out the functions set forth in this subchapter. (Pub. L. 107–228, div. B, title XIII, § 1337, Sept. 30, 2002, 116 Stat. 1451.) § 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 non- proliferation 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 super- sede 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.]. (Pub. L. 107–228, div. B, title XIII, § 1338, Sept. 30, 2002, 116 Stat. 1451.) Editorial Notes 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 classifica- tion of this Act to the Code, see Tables. § 2357g. Reporting and consultation (a) Presidential report Not later than 120 days after each inaugura- tion of a President, the President shall submit a report to the Congress on his general and spe- cific nonproliferation and threat reduction ob- jectives 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 coordi- nation mechanism established pursuant to sec- tion 2357b of this title in achieving its stated ob- jectives. (Pub. L. 107–228, div. B, title XIII, § 1339, Sept. 30, 2002, 116 Stat. 1451.) 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 Sec- Page 390 TITLE 50—WAR AND NATIONAL DEFENSE § 2362 retary of the Treasury, and the Secretary of State, to the extent authorized by law, should— (1) contract directly with suppliers in inde- pendent states of the former Soviet Union when such action would— (A) result in significant savings of the pro- grams 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 ef- fectiveness of such programs and of the exer- cise of such authorities. (Pub. L. 104–201, div. A, title XIV, § 1451, Sept. 23, 1996, 110 Stat. 2730.) § 2362. Transfers of allocations among coopera- tive threat reduction programs Congress finds that— (1) the various Cooperative Threat Reduc- tion programs are being carried out at dif- ferent rates in the various countries covered by such programs; and (2) it is necessary to authorize transfers of funding allocations among the various pro- grams in order to maximize the effectiveness of United States efforts under such programs. (Pub. L. 104–201, div. A, title XIV, § 1452, Sept. 23, 1996, 110 Stat. 2730.) Statutory Notes and Related Subsidiaries 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 pro- grams 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 pro- grams and other United States programs au- thorized 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 partici- pation of such states would benefit national security interests of the United States by im- proving 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.) Editorial Notes 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 Inter- course. 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 de- rived 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 par- ticipate 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 en- courage, in consultation with the Secretary of Energy, other countries to purchase low-en- riched uranium that is derived from highly en- riched uranium extracted from Russian nuclear weapons. (Pub. L. 104–201, div. A, title XIV, § 1454, Sept. 23, 1996, 110 Stat. 2730.) § 2365. Sense of Congress concerning purchase, packaging, and transportation of fissile ma- terials 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, pack- age, and transport to secure locations weap- ons-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 economi- cally feasible alternative for securing such materials; and (2) if it is necessary to do so in order to se- cure 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. (Pub. L. 104–201, div. A, title XIV, § 1455, Sept. 23, 1996, 110 Stat. 2731.) § 2366. Repealed. Pub. L. 112–239, div. A, title X, § 1065(c), Jan. 2, 2013, 126 Stat. 1943, and Pub. L. 112–277, title III, § 310(a)(1), Jan. 14, 2013, 126 Stat. 2474 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 re- ports on acquisition of technology relating to weapons of mass destruction and advanced conventional muni- tions.