Title 50 — War and National Defense
Chapter 40 — Defense Against Weapons of Mass Destruction
§ 2313. Nuclear, chemical, and biological emergency response
Statutory text
Department of Defense
The Assistant Secretary of Defense for Homeland Defense is responsible for the coordination of Department of Defense assistance to Federal, State, and local officials in responding to threats involving nuclear, radiological, biological, chemical weapons, or high-yield explosives or related materials or technologies, including assistance in identifying, neutralizing, dismantling, and disposing of nuclear, radiological, biological, chemical weapons, and high-yield explosives and related materials and technologies.
Department of Energy
The Secretary of Energy shall designate an official within the Department of Energy as the executive agent for—
the coordination of Department of Energy assistance to Federal, State, and local officials in responding to threats involving nuclear, chemical, and biological weapons or related materials or technologies, including assistance in identifying, neutralizing, dismantling, and disposing of nuclear weapons and related materials and technologies; and
the coordination of Department of Energy assistance to the Department of Defense in carrying out that department’s responsibilities under subsection (a).
Funding
Of the total amount authorized to be appropriated under section 301,1 $15,000,000 is available for providing assistance described in subsection (a).
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Defense Against Weapons of Mass Destruction Act of 1996
Pub. L. 104–201 div. A title XIV § 1413 · 110 Stat. 2422
Enacted · 50 U.S.C. § 2313
Pub. L. 104–201, div. A, title XIV, § 1413, Sept. 23, 1996, 110 Stat. 2719
Source evidence
Code source credit
Pub. L. 104–201, div. A, title XIV, § 1413, Sept. 23, 1996, 110 Stat. 2719Enacted provision · exact public law section
SEC. 1413. NUCLEAR, CHEMICAL, AND BIOLOGICAL EMERGENCY RESPONSE. (a) Department of Defense.— The Secretary of Defense shall designate an official within the Department of Defense as the executive agent for— (1) the coordination of Department of Defense assistance to Federal, State, and local officials in responding to threats involving biological or chemical weapons or related materials or technologies, including assistance in identifying, neutralizing, dismantling, and disposing of biological and chemical weapons and related materials and technologies; and (2) the coordination of Department of Defense assistance to the Department of Energy in carrying out that department’s responsibilities under subsection (b). (b) Department of Energy.— The Secretary of Energy shall designate an official within the Department of Energy as the executive agent for— (1) the coordination of Department of Energy assistance to Federal, State, and local officials in responding to threats involving nuclear, chemical, and biological weapons or related materials or technologies, including assistance in identifying, neutralizing, dismantling, and disposing of nuclear weapons and related materials and technologies; and (2) the coordination of Department of Energy assistance to the Department of Defense in carrying out that department’s responsibilities under subsection (a). (c) Funding.— Of the total amount authorized to be appropriated under section 301, $15,000,000 is available for providing assistance described in subsection (a).National Defense Authorization Act for Fiscal Year 2006
Pub. L. 109–163 div. A title X § 1031 · 119 Stat. 3136
Amended · 50 U.S.C. § 2313(a)
Pub. L. 109–163 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The Secretary of Defense shall designate an official within the Department of Defense as the executive agent for—
Source evidence
Code amendment note
Subsec. (a). Pub. L. 109–163 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The Secretary of Defense shall designate an official within the Department of Defense as the executive agent for—“(1) the coordination of Department of Defense assistance to Federal, State, and local officials in responding to threats involving biological or chemical weapons or related materials or technologies, including assistance in identifying, neutralizing, dismantling, and disposing of biological and chemical weapons and related materials and technologies; and “(2) the coordination of Department of Defense assistance to the Department of Energy in carrying out that department’s responsibilities under subsection (b).”
Enacted provision · exact public law section
SEC. 1031. RESPONSIBILITIES OF ASSISTANT SECRETARY OF DEFENSE FOR HOMELAND DEFENSE RELATING TO NUCLEAR, CHEMICAL, AND BIOLOGICAL EMERGENCY RESPONSE. Subsection (a) of section 1413 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2313) is amended to read as follows: “(a) Department of Defense.— The Assistant Secretary of Defense for Homeland Defense is responsible for the coordination of Department of Defense assistance to Federal, State, and local officials in responding to threats involving nuclear, radiological, biological, chemical weapons, or high-yield explosives or related materials or technologies, including assistance in identifying, neutralizing, dismantling, and disposing of nuclear, radiological, biological, chemical weapons, and high-yield explosives and related materials and technologies.” .
2 of 2 references resolved to an enrolled provision
Editorial Notes
References in Text
Section 301, referred to in subsec. (c), is section 301 of Pub. L. 104–201, div. A, title III, , 110 Stat. 2475, which is not classified to the Code.
Amendments
2006—Subsec. (a). Pub. L. 109–163 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “The Secretary of Defense shall designate an official within the Department of Defense as the executive agent for—
“(1) the coordination of Department of Defense assistance to Federal, State, and local officials in responding to threats involving biological or chemical weapons or related materials or technologies, including assistance in identifying, neutralizing, dismantling, and disposing of biological and chemical weapons and related materials and technologies; and
“(2) the coordination of Department of Defense assistance to the Department of Energy in carrying out that department’s responsibilities under subsection (b).”
Statutory Notes and Related Subsidiaries
Transfer of Technology Items and Equipment in Support of Homeland Security
Pub. L. 107–314, div. A, title XIV, § 1401, , 116 Stat. 2674, provided that:
“(a) Responsible Senior Official.—
The Secretary of Defense shall designate a senior official of the Department of Defense to coordinate all Department of Defense efforts to identify, evaluate, deploy, and transfer to Federal, State, and local first responders technology items and equipment in support of homeland security.
“(b) Duties.—
The official designated pursuant to subsection (a) shall—
“(1) identify technology items and equipment developed or being developed by Department of Defense components that have the potential to enhance public safety and improve homeland security;
“(2) cooperate with appropriate Federal Government officials outside the Department of Defense to evaluate whether such technology items and equipment would be useful to first responders;
“(3) facilitate the timely transfer, through identification of appropriate private sector manufacturers, of appropriate technology items and equipment to Federal, State, and local first responders, in coordination with appropriate Federal Government officials outside the Department of Defense;
“(4) identify and eliminate redundant and unnecessary research efforts within the Department of Defense with respect to technologies to be deployed to first responders;
“(5) expedite the advancement of high priority Department of Defense projects from research through implementation of initial manufacturing; and
“(6) participate in outreach programs established by appropriate Federal Government officials outside the Department of Defense to communicate with first responders and to facilitate awareness of available technology items and equipment to support responses to crises.
“(c) Support Agreement.—
The official designated pursuant to subsection (a) shall enter into an appropriate agreement with a nongovernment entity for such entity to assist the official designated under subsection (a) in carrying out that official’s duties under this section. Any such agreement shall be entered into using competitive procedures in compliance with applicable requirements of law and regulation.
“(d) Report.—
Not later than 180 days after the date of the enactment of this Act [], the Secretary of Defense 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 actions taken to carry out this section. The report shall include the following:
“(1) Identification of the senior official designated pursuant to subsection (a).
“(2) A summary of the actions taken or planned to be taken to implement subsection (b), including a schedule for planned actions.
“(3) An initial list of technology items and equipment identified pursuant to subsection (b)(1), together with a summary of any program schedule for the development, deployment, or transfer of such items and equipment.
“(4) A description of any agreement entered into pursuant to subsection (c).”
Credits
1996–2006 · 2 acts
- 1996Pub. L. 104–201, div. A, title XIV, § 1413, , 110 Stat. 2719
- 2006Pub. L. 109–163, div. A, title X, § 1031, , 119 Stat. 3428.
Show as published
(Pub. L. 104–201, div. A, title XIV, § 1413, , 110 Stat. 2719; Pub. L. 109–163, div. A, title X, § 1031, , 119 Stat. 3428.)