50 U.S.C. § 2352 — National Security Council Committee on

Page 383 TITLE 50—WAR AND NATIONAL DEFENSE § 2352 1 See References in Text note below. 1 See References in Text note below. CODIFICATION Section was enacted as part of the Bob Stump Na- tional 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. § 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 ma- terials, technologies, and expertise relevant to the construction or use of a nuclear or radio- logical dispersal device. (b) Amount for activities Of the amount authorized to be appropriated by section 3101(a)(2) 1 for the Department of En- ergy for the National Nuclear Security Adminis- tration 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.) Editorial Notes REFERENCES IN 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. CODIFICATION Section was enacted as part of the Bob Stump Na- tional 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. SUBCHAPTER IV—COORDINATION OF POL- ICY AND COUNTERMEASURES AGAINST PROLIFERATION OF WEAPONS OF MASS DESTRUCTION § 2351. National coordinator on nonproliferation (a) Designation of position The President shall designate an individual to serve in the Executive Office of the President as the National Coordinator for Nonproliferation Matters. (b) Duties The Coordinator, under the direction of the National Security Council, shall advise and as- sist the President by— (1) advising the President on nonprolifera- tion of weapons of mass destruction, including issues related to terrorism, arms control, and international organized crime; (2) chairing the Committee on Nonprolifera- tion of the National Security Council; and (3) taking such actions as are necessary to ensure that there is appropriate emphasis in, cooperation on, and coordination of, non- proliferation research efforts of the United States, including activities of Federal agen- cies as well as activities of contractors funded by the Federal Government. (c) Allocation of funds Of the total amount authorized to be appro- priated under section 301,1 $2,000,000 is available to the Department of Defense for carrying out research referred to in subsection (b)(3). (Pub. L. 104–201, div. A, title XIV, § 1441, Sept. 23, 1996, 110 Stat. 2727; Pub. L. 105–261, div. A, title X, § 1069(c)(2), Oct. 17, 1998, 112 Stat. 2136.) Editorial Notes REFERENCES IN TEXT Section 301, referred to in subsec. (c), 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. AMENDMENTS 1998—Subsec. (b)(2). Pub. L. 105–261 substituted ‘‘of the National Security Council’’ for ‘‘established under section 1342’’. Statutory Notes and Related Subsidiaries COMMISSION TO ASSESS ORGANIZATION OF FEDERAL GOVERNMENT TO COMBAT PROLIFERATION OF WEAP- ONS OF MASS DESTRUCTION Pub. L. 104–293, title VII, subtitle A, Oct. 11, 1996, 110 Stat. 3470, as amended by Pub. L. 105–277, div. A, § 101(f) [title VII, § 708], Oct. 21, 1998, 112 Stat. 2681–337, 2681–390, established the Commission to Assess the Organization of the Federal Government to Combat the Proliferation of Weapons of Mass Destruction, directed the Commis- sion to carry out a thorough study of the organization of the Federal Government, including the elements of the intelligence community, with respect to combat- ting the proliferation of weapons of mass destruction and, not later than 18 months after Jan. 18, 1998, to sub- mit to Congress a report containing a detailed state- ment of its findings and conclusions, and provided that the Commission terminate 60 days after the date on which it submitted such report. § 2352. National Security Council Committee on Nonproliferation (a) Establishment The Committee on Nonproliferation (in this section referred to as the ‘‘Committee’’) is es- tablished as a committee of the National Secu- rity Council. (b) Membership (1) The Committee shall be composed of rep- resentatives of the following: (A) The Secretary of State. (B) The Secretary of Defense. (C) The Director of Central Intelligence. (D) The Attorney General. (E) The Secretary of Energy. (F) The Administrator of the Federal Emer- gency Management Agency. (G) The Secretary of the Treasury. (H) The Secretary of Commerce. (I) Such other members as the President may designate. (2) The National Coordinator for Nonprolifera- tion Matters shall chair the Committee on Non- proliferation. (c) Responsibilities The Committee has the following responsibil- ities: Page 384 TITLE 50—WAR AND NATIONAL DEFENSE § 2353 (1) To review and coordinate Federal pro- grams, policies, and directives relating to the proliferation of weapons of mass destruction and related materials and technologies, in- cluding matters relating to terrorism and international organized crime. (2) To make recommendations through the National Security Council to the President re- garding the following: (A) Integrated national policies for coun- tering the threats posed by weapons of mass destruction. (B) Options for integrating Federal agency budgets for countering such threats. (C) Means to ensure that Federal, State, and local governments have adequate capa- bilities to manage crises involving nuclear, radiological, biological, or chemical weapons or related materials or technologies, and to manage the consequences of a use of such weapon or related materials or technologies, and that use of those capabilities is coordi- nated. (D) Means to ensure appropriate coopera- tion on, and coordination of, the following: (i) Preventing the smuggling of weapons of mass destruction and related materials and technologies. (ii) Promoting domestic and inter- national law enforcement efforts against proliferation-related efforts. (iii) Countering the involvement of orga- nized crime groups in proliferation-related activities. (iv) Safeguarding weapons of mass de- struction materials and related tech- nologies. (v) Improving coordination and coopera- tion among intelligence activities, law en- forcement, and the Departments of De- fense, State, Commerce, and Energy in support of nonproliferation and counterproliferation efforts. (vi) Improving export controls over ma- terials and technologies that can con- tribute to the acquisition of weapons of mass destruction. (vii) Reducing proliferation of weapons of mass destruction and related materials and technologies. (Pub. L. 104–201, div. A, title XIV, § 1442, Sept. 23, 1996, 110 Stat. 2727.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title. TRANSFER OF FUNCTIONS 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. § 2353. Comprehensive preparedness program (a) Program required The President, acting through the Committee on Nonproliferation established under section 2352 of this title, shall develop a comprehensive program for carrying out this chapter. (b) Content of program The program set forth in the report shall in- clude specific plans as follows: (1) Plans for countering proliferation of weapons of mass destruction and related mate- rials and technologies. (2) Plans for training and equipping Federal, State, and local officials for managing a crisis involving a use or threatened use of a weapon of mass destruction, including the con- sequences of the use of such a weapon. (3) Plans for providing for regular sharing of information among intelligence, law enforce- ment, and customs agencies. (4) Plans for training and equipping law en- forcement units, customs services, and border security personnel to counter the smuggling of weapons of mass destruction and related mate- rials and technologies. (5) Plans for establishing appropriate centers for analyzing seized nuclear, radiological, bio- logical, and chemical weapons, and related materials and technologies. (6) Plans for establishing in the United States appropriate legal controls and authori- ties relating to the exporting of nuclear, radi- ological, biological, and chemical weapons, and related materials and technologies. (7) Plans for encouraging and assisting gov- ernments of foreign countries to implement and enforce laws that set forth appropriate penalties for offenses regarding the smuggling of weapons of mass destruction and related materials and technologies. (8) Plans for building the confidence of the United States and Russia in each other’s con- trols over United States and Russian nuclear weapons and fissile materials, including plans for verifying the dismantlement of nuclear weapons. (9) Plans for reducing United States and Russian stockpiles of excess plutonium, re- flecting— (A) consideration of the desirability and feasibility of a United States-Russian agree- ment governing fissile material disposition and the specific technologies and approaches to be used for disposition of excess pluto- nium; and (B) an assessment of the options for United States cooperation with Russia in the dis- position of Russian plutonium.