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Title 50 — War and National Defense

Chapter 40 — Defense Against Weapons of Mass Destruction

§ 2332. Sense of Congress concerning criminal penalties

Statutory text

(a)

Sense of Congress concerning inadequacy of sentencing guidelines

It is the sense of Congress that the sentencing guidelines prescribed by the United States Sentencing Commission for the offenses of importation, attempted importation, exportation, and attempted exportation of nuclear, biological, and chemical weapons materials constitute inadequate punishment for such offenses.

(b)

Urging of revision to guidelines

Congress urges the United States Sentencing Commission to revise the relevant sentencing guidelines to provide for increased penalties for offenses relating to importation, attempted importation, exportation, and attempted exportation of nuclear, biological, or chemical weapons or related materials or technologies under the following provisions of law:

(1)

Section 4610 1 of this title.

(2)

Sections 2778 and 2780 of title 22.

(3)

The International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).

(4)

Section 2139a(c) of title 42.

Footnotes

  1. 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.

  1. Defense Against Weapons of Mass Destruction Act of 1996

    Pub. L. 104–201 div. A title XIV § 1423 · 110 Stat. 2422

    Enacted · 50 U.S.C. § 2332

    Pub. L. 104–201, div. A, title XIV, § 1423, Sept. 23, 1996, 110 Stat. 2725

    Source evidence

    Code source credit
    Pub. L. 104–201, div. A, title XIV, § 1423, Sept. 23, 1996, 110 Stat. 2725

    Enacted provision · exact public law section
    SEC. 1423. SENSE OF CONGRESS CONCERNING CRIMINAL PENALTIES. (a) Sense of Congress Concerning Inadequacy of Sentencing Guidelines.— It is the sense of Congress that the sentencing guidelines prescribed by the United States Sentencing Commission for the offenses of importation, attempted importation, exportation, and attempted exportation of nuclear, biological, and chemical weapons materials constitute inadequate punishment for such offenses. (b) Urging of Revison to Guidelines.— Congress urges the United States Sentencing Commission to revise the relevant sentencing guidelines to provide for increased penalties for offenses relating to importation, attempted importation, exportation, and attempted exportation of nuclear, biological, or chemical weapons or related materials or technologies under the following provisions of law: (1) Section 11 of the Export Administration Act of 1979 (50 U.S.C. App. 2410). (2) Sections 38 and 40 of the Arms Export Control Act (22 U.S.C. 2778 and 2780). (3) The International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). (4) Section 309(c) of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 2156a(c)).

  2. Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 div. A title X § 1069(c)(1) · 112 Stat. 1920

    Changed · 50 U.S.C. § 2332(b)(4)

    Pub. L. 105–261 made technical amendment to reference in original act which appears in text as reference to section 2139a(c) of title 42

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 105–261 made technical amendment to reference in original act which appears in text as reference to section 2139a(c) of title 42.

    Enacted provision · exact public law section
    (1) Section 1423(b)(4) (50 U.S.C. 2332(b)(4); 110 Stat. 2726)is amended by striking out “(22 U.S.C. 2156a(c))” and inserting in lieu thereof “(42 U.S.C. 2139a(c))”.

2 of 2 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 4610 of this title, referred to in subsec. (b)(1), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), , 132 Stat. 2232.

The International Emergency Economic Powers Act, referred to in subsec. (b)(3), is title II of Pub. L. 95–223, , 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables.

Codification

Section is comprised of section 1423 of Pub. L. 104–201 which also enacted provisions listed in a table of sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure.

Amendments

1998—Subsec. (b)(4). Pub. L. 105–261 made technical amendment to reference in original act which appears in text as reference to section 2139a(c) of title 42.

Credits

1996–1998 · 2 acts
  1. 1996Pub. L. 104–201, div. A, title XIV, § 1423, , 110 Stat. 2725
  2. 1998Pub. L. 105–261, div. A, title X, § 1069(c)(1), , 112 Stat. 2136.
Show as published

(Pub. L. 104–201, div. A, title XIV, § 1423, , 110 Stat. 2725; Pub. L. 105–261, div. A, title X, § 1069(c)(1), , 112 Stat. 2136.)

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USLM identifier /us/usc/t50/s2332