§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.
(
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
.)
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, §101(f) [title VII, §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 (§§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.