NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1997 (PUB. L. 104-201)

Nuclear, Biological, andChemical Weapons Materials. Pub.L. 104–201, Title XIV, § 1423, Sept. 23, 1996, 110 Stat 2725 [which is classified both to 28 U.S.C. § 994 note and to 50 U.S.C. § 2332] provided:

“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 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 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)).”

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