
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC2351]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
         CHAPTER 40--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
 
   SUBCHAPTER IV--COORDINATION OF POLICY AND COUNTERMEASURES AGAINST 
              PROLIFERATION OF WEAPONS OF MASS DESTRUCTION
 
Sec. 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 assist the President by--
        (1) advising the President on nonproliferation of weapons of 
    mass destruction, including issues related to terrorism, arms 
    control, and international organized crime;
        (2) chairing the Committee on Nonproliferation 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, 
    nonproliferation research efforts of the United States, including 
    activities of Federal agencies as well as activities of contractors 
    funded by the Federal Government.

(c) Allocation of funds

    Of the total amount authorized to be appropriated under section 
301,\1\ $2,000,000 is available to the Department of Defense for 
carrying out research referred to in subsection (b)(3) of this section.
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    \1\ See References in Text note below.
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(Pub. L. 104-201, div. A, title XIV, Sec. 1441, Sept. 23, 1996, 110 
Stat. 2727; Pub. L. 105-261, div. A, title X, Sec. 1069(c)(2), Oct. 17, 
1998, 112 Stat. 2136.)

                       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''.


   Commission To Assess Organization of Federal Government To Combat 
              Proliferation of Weapons 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, Sec. 101(f) [title VII, 
Sec. 708], Oct. 21, 1998, 112 Stat. 2681-337, 2681-390, provided that:
``SEC. 711. ESTABLISHMENT OF COMMISSION.
    ``(a) Establishment.--There is established a commission to be known 
as the Commission to Assess the Organization of the Federal Government 
to Combat the Proliferation of Weapons of Mass Destruction (in this 
subtitle [subtitle A (Secs. 711-717) of title VII of Pub. L. 104-293] 
referred to as the `Commission').
    ``(b) Membership.--The Commission shall be composed of twelve 
members, none of whom may, during the period of their service on the 
Commission, be an officer or employee of any department, agency, or 
other establishment of the Executive Branch (other than the Commission), 
and of whom--
        ``(1) four shall be appointed by the President;
        ``(2) three shall be appointed by the Majority Leader of the 
    Senate;
        ``(3) one shall be appointed by the Minority Leader of the 
    Senate;
        ``(4) three shall be appointed by the Speaker of the House of 
    Representatives; and
        ``(5) one shall be appointed by the Minority Leader of the House 
    of Representatives.
    ``(c) Qualifications of Members.--(1) To the maximum extent 
practicable, the individuals appointed as members of the Commission 
shall be individuals who are nationally recognized for expertise 
regarding--
        ``(A) the nonproliferation of weapons of mass destruction;
        ``(B) the efficient and effective implementation of United 
    States nonproliferation policy; or
        ``(C) the implementation, funding, or oversight of the national 
    security policies of the United States.
    ``(2) An official who appoints members of the Commission may not 
appoint an individual as a member if, in the judgment of the official, 
the individual possesses any personal or financial interest in the 
discharge of any of the duties of the Commission.
    ``(d) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Commission. Any vacancy in the Commission shall not 
affect its powers, but shall be filled in the same manner as the 
original appointment.
    ``(e) Initial Meeting.--Not later than 30 days after the date of 
enactment of an Act making appropriations for the Departments of Labor, 
Health and Human Services, and Education, and related agencies, for the 
fiscal year ending September 30, 1999 [Oct. 21, 1998], regardless of 
whether all the members of the Commission have been appointed as of that 
date,,[sic] the Commission shall hold its first meeting.
    ``(f) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    ``(g) Chairman and Vice Chairman.--The Commission shall select a 
Chairman and Vice Chairman from among its members.
    ``(h) Meetings.--The Commission shall meet at the call of the 
Chairman.
``SEC. 712. DUTIES OF COMMISSION.
    ``(a) Study.--
        ``(1) In general.--The Commission shall carry out a thorough 
    study of the organization of the Federal Government, including the 
    elements of the intelligence community, with respect to combatting 
    the proliferation of weapons of mass destruction.
        ``(2) Specific requirements.--In carrying out the study, the 
    Commission shall--
            ``(A) assess the current structure and organization of the 
        departments and agencies of the Federal Government having 
        responsibilities for combatting the proliferation of weapons of 
        mass destruction; and
            ``(B) assess the effectiveness of United States cooperation 
        with foreign governments with respect to nonproliferation 
        activities, including cooperation--
                ``(i) between elements of the intelligence community and 
            elements of the intelligence-gathering services of foreign 
            governments;
                ``(ii) between other departments and agencies of the 
            Federal Government and the counterparts to such departments 
            and agencies in foreign governments; and
                ``(iii) between the Federal Government and international 
            organizations.
        ``(3) Assessments.--In making the assessments under paragraph 
    (2), the Commission should address--
            ``(A) the organization of the export control activities 
        (including licensing and enforcement activities) of the Federal 
        Government relating to the proliferation of weapons of mass 
        destruction;
            ``(B) arrangements for coordinating the funding of United 
        States nonproliferation activities;
            ``(C) existing arrangements governing the flow of 
        information among departments and agencies of the Federal 
        Government responsible for nonproliferation activities;
            ``(D) the effectiveness of the organization and function of 
        interagency groups in ensuring implementation of United States 
        treaty obligations, laws, and policies with respect to 
        nonproliferation;
            ``(E) the administration of sanctions for purposes of 
        nonproliferation, including the measures taken by departments 
        and agencies of the Federal Government to implement, assess, and 
        enhance the effectiveness of such sanctions;
            ``(F) the organization, management, and oversight of United 
        States counterproliferation activities;
            ``(G) the recruitment, training, morale, expertise, 
        retention, and advancement of Federal Government personnel 
        responsible for the nonproliferation functions of the Federal 
        Government, including any problems in such activities;
            ``(H) the role in United States nonproliferation activities 
        of the National Security Council, the Office of Management and 
        Budget, the Office of Science and Technology Policy, and other 
        offices in the Executive Office of the President having 
        responsibilities for such activities;
            ``(I) the organization of the activities of the Federal 
        Government to verify government-to-government assurances and 
        commitments with respect to nonproliferation, including 
        assurances regarding the future use of commodities exported from 
        the United States; and
            ``(J) the costs and benefits to the United States of 
        increased centralization and of decreased centralization in the 
        administration of the nonproliferation activities of the Federal 
        Government.
        ``(4) Restrictions.--In carrying out the study under paragraph 
    (1), making the assessments under paragraph (2), and addressing the 
    matters identified in paragraph (3), the Commission shall not 
    review, evaluate, or report on--
            ``(A) United States domestic response capabilities with 
        respect to weapons of mass destruction; or
            ``(B) the adequacy or usefulness of United States laws that 
        provide for the imposition of sanctions on countries or entities 
        that engage in the proliferation of weapons of mass destruction.
    ``(b) Recommendations.--In conducting the study, the Commission 
shall develop recommendations on means of improving the effectiveness of 
the organization of the departments and agencies of the Federal 
Government in meeting the national security interests of the United 
States with respect to the proliferation of weapons of mass destruction. 
Such recommendations shall include specific recommendations to eliminate 
duplications of effort, and other inefficiencies, in and among such 
departments and agencies.
    ``(c) Report.--(1) Not later than 18 months after January 18, 1998, 
the Commission shall submit to Congress a report containing a detailed 
statement of the findings and conclusions of the Commission, together 
with its recommendations for such legislation and administrative actions 
as it considers appropriate.
    ``(2) The report shall be submitted in unclassified form, but may 
include a classified annex.
``SEC. 713. POWERS OF COMMISSION.
    ``(a) Hearings.--The Commission may hold such hearings, sit and act 
at such times and places, take such testimony, and receive such evidence 
as the Commission considers advisable to carry out the purposes of this 
subtitle.
    ``(b) Information From Federal Agencies.--
        ``(1) In general.--The Commission may secure directly from any 
    Federal department or agency such information as the Commission 
    considers necessary to carry out the provisions of this subtitle. 
    Upon request of the Chairman of the Commission, the head of such 
    department or agency shall furnish such information to the 
    Commission.
        ``(2) Classified information.--A department or agency may 
    furnish the Commission classified information under this subsection. 
    The Commission shall take appropriate actions to safeguard 
    classified information furnished to the Commission under this 
    paragraph.
    ``(c) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.
    ``(d) Gifts.--The Commission may accept, use, and dispose of gifts 
or donations of services or property.
``SEC. 714. COMMISSION PERSONNEL MATTERS.
    ``(a) Compensation of Members.--Each member of the Commission who is 
not an officer or employee of the Federal Government shall be 
compensated at a rate equal to the daily equivalent of the annual rate 
of basic pay prescribed for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day (including 
travel time) during which such member is engaged in the performance of 
the duties of the Commission. All members of the Commission who are 
officers or employees of the United States shall serve without 
compensation in addition to that received for their services as officers 
or employees of the United States.
    ``(b) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of chapter 
57 of title 5, United States Code, while away from their homes or 
regular places of business in the performance of services for the 
Commission.
    ``(c) Staff.--
        ``(1) In general.--The Chairman of the Commission may, without 
    regard to the civil service laws and regulations, appoint and 
    terminate an executive director and such other additional personnel 
    as may be necessary to enable the Commission to perform its duties. 
    The employment of an executive director shall be subject to 
    confirmation by the Commission.
        ``(2) Compensation.--The Chairman of the Commission may fix the 
    compensation of the executive director and other personnel without 
    regard to the provisions of chapter 51 and subchapter III of chapter 
    53 of title 5, United States Code, relating to classification of 
    positions and General Schedule pay rates, except that the rate of 
    pay for the executive director and other personnel may not exceed 
    the rate payable for level V of the Executive Schedule under section 
    5316 of such title.
    ``(d) Detail of Government Employees.--Any Federal Government 
employee may be detailed to the Commission without reimbursement, and 
such detail shall be without interruption or loss of civil service 
status or privilege.
    ``(e) Procurement of Temporary and Intermittent Services.--The 
Chairman of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals which do not exceed the daily equivalent of the annual 
rate of basic pay prescribed for level V of the Executive Schedule under 
section 5316 of such title.
``SEC. 715. TERMINATION OF COMMISSION.
    ``The Commission shall terminate 60 days after the date on which the 
Commission submits its report under section 712(c).
``SEC. 716. DEFINITION.
    ``For purposes of this subtitle, the term `intelligence community' 
shall have the meaning given such term in section 3(4) of the National 
Security Act of 1947 (50 U.S.C. 401a(4)).
``SEC. 717. PAYMENT OF COMMISSION EXPENSES.
    ``The compensation, travel expenses, per diem allowances of members 
and employees of the Commission, and other expenses of the Commission 
shall not exceed $1,000,000, and shall be paid out of funds available to 
the Director of Central Intelligence for the payment of compensation, 
travel allowances, and per diem allowances, respectively, of employees 
of the Central Intelligence Agency.''

                  Section Referred to in Other Sections

    This section is referred to in section 2354 of this title.
