Statutory Notes and Related Subsidiaries
Short Title of 1996 Amendment
[Pub. L. 104–293, title VII, § 701], Oct. 11, 1996, [110 Stat. 3470], provided that: “This title [enacting section 2366 of this title and provisions set out as a note under section 2351 of this title] may be cited as the ‘Combatting Proliferation of Weapons of Mass Destruction Act of 1996’.”
Short Title
[Pub. L. 104–201, div. A, title XIV, § 1401], Sept. 23, 1996, [110 Stat. 2715], provided that: “This title [enacting this chapter, section 382 of Title 10, Armed Forces, and sections 175a and 2332d of Title 18, Crimes and Criminal Procedure, amending section 1705 of this title, section 372 of Title 10, and provisions set out as a note under section 5955 of Title 22, Foreign Relations and Intercourse] may be cited as the ‘Defense Against Weapons of Mass Destruction Act of 1996’.”
[Pub. L. 107–228, div. B, title XIII, § 1331], Sept. 30, 2002, [116 Stat. 1448], provided that: “This subtitle [subtitle C (§§ 1331–1339) of title XIII of div. B of [Pub. L. 107–228], enacting subchapter IV–A of this chapter] may be cited as the ‘Nonproliferation Assistance Coordination Act of 2002’.”
Utilization of Contributions to International Nuclear Materials Protection and Cooperation Program and Russian Plutonium Disposition Program
[Pub. L. 109–364, div. C, title XXXI, § 3114], Oct. 17, 2006, [120 Stat. 2505], as amended by [Pub. L. 110–417, div. C, title XXXI, § 3115], Oct. 14, 2008, [122 Stat. 4757], provided that:“(a)
In General.—
The Secretary of Energy may, with the concurrence of the Secretary of State, enter into one or more agreements with any person (including a foreign government, international organization, or multinational entity) that the Secretary of Energy considers appropriate under which the person contributes funds for purposes of the International Nuclear Materials Protection and Cooperation program or Russian Plutonium Disposition program of the National Nuclear Security Administration.
“(b)
Retention and Use of Amounts.—
Notwithstanding
section 3302 of title 31, United States Code, the Secretary of Energy may retain and use amounts contributed under an agreement under subsection (a) for purposes of the International Nuclear Materials Protection and Cooperation program or Russian Plutonium Disposition program. Amounts so contributed shall be retained in a separate fund established in the Treasury for such purposes and shall be available for use without further appropriation and without fiscal year limitation.
“(c)
Return of Amounts Not Used Within 5 Years.—
If an amount contributed under an agreement under subsection (a) is not used under this section within 5 years after it was contributed, the Secretary of Energy shall return that amount to the person who contributed it.
“(d)
Notice to Congressional Defense Committees.—
Not later than 30 days after the receipt of an amount contributed under subsection (a), the Secretary of Energy shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a notice specifying the purpose and value of the contribution and identifying the person who contributed it. The Secretary may not use the amount until 15 days after the notice is submitted.
“(e)
Annual Report.—
Not later than October 31 of each year, the Secretary of Energy 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 receipt and use of amounts under this section during the preceding fiscal year. Each report for a fiscal year shall set forth—
“(1)
a statement of any amounts received under this section, including, for each such amount, the value of the contribution and the person who contributed it;
“(2)
a statement of any amounts used under this section, including, for each such amount, the purposes for which the amount was used; and
“(3)
a statement of the amounts retained but not used under this section, including, for each such amount, the purposes (if known) for which the Secretary intends to use the amount.
“(f)
Expiration.—
The authority to accept, retain, and use contributions under this section expires on December 31, 2015.”
Commission to Assess the Threat to the United States From Electromagnetic Pulse (EMP) Attack
[Pub. L. 114–92, div. A, title X, § 1089(a)], (b), Nov. 25, 2015, [129 Stat. 1015], 1016, provided that:“(a)
Reestablishment.—
The commission established pursuant to title XIV of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
[Public Law 106–398];
[114 Stat. 1654]A–345) [formerly set out below], and reestablished pursuant to section 1052 of the National Defense Authorization Act for Fiscal Year 2006 (
[Public Law 109–163];
50 U.S.C. 2301 note), known as the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack, is hereby reestablished.
“(b)
Membership.—
Service on the Commission is voluntary, and Commissioners may elect to terminate their service on the Commission. If a Commissioner is unwilling or unable to serve on the Commission, the Secretary of Defense, in consultation with the chairmen and ranking members of the Committees on Armed Services of the House of Representatives and the Senate, shall appoint a new member to fill that vacancy.”
[Pub. L. 109–163, div. A, title X, § 1052(a)]–(c), Jan. 6, 2006, [119 Stat. 3434], provided that:“(a)
Reestablishment.—
The commission established pursuant to title XIV of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by [Public Law 106–398]; [114 Stat. 1654]A–345) [formerly set out below], known as the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack, is hereby reestablished.
“(b)
Membership.—
The Commission as reestablished shall have the same membership as the Commission had as of the date of the submission of the report of the Commission pursuant to section 1403(a) of such Act, as in effect before the date of the enactment of this Act [Jan. 6, 2006]. Service on the Commission is voluntary, and Commissioners may elect to terminate their service on the Commission.
“(c)
Commission Charter Defined.—
In this section [enacting this note and amending title XIV of [Pub. L. 106–398], formerly set out below], the term ‘Commission charter’ means title XIV of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by [Public Law 106–398]; [114 Stat. 1654]A–345 et seq.).”
[Pub. L. 106–398, § 1 [[div. A]], title XIV], Oct. 30, 2000, [114 Stat. 1654], 1654A–345, as amended by [Pub. L. 109–163, div. A, title X, § 1052(d)]–(j), Jan. 6, 2006, [119 Stat. 3434], 3435; [Pub. L. 109–364, div. A, title X, § 1073], Oct. 17, 2006, [120 Stat. 2403]; [Pub. L. 110–181, div. A, title X], §§ 1063(e)(2), 1075(a), (b), Jan. 28, 2008, [122 Stat. 323], 333; [Pub. L. 111–383, div. A, title X, § 1075(f)(8)], Jan. 7, 2011, [124 Stat. 4376]; [Pub. L. 114–92, div. A, title X, § 1089(d)]–(g), Nov. 25, 2015, [129 Stat. 1016], which related to the Commission to Assess the Threat to the United States From Electromagnetic Pulse (EMP) Attack, was repealed by [Pub. L. 115–91, div. A, title XVI, § 1691(i)], Dec. 12, 2017, [131 Stat. 1788], as amended by [Pub. L. 115–232, div. A, title X, § 1081(c)(4)], Aug. 13, 2018, [132 Stat. 1985]. See section 1691(a)–(h) of [Pub. L. 115–91], [131 Stat. 1786–1788].
[[Pub. L. 115–232, div. A, title X, § 1081(c)], Aug. 13, 2018, [132 Stat. 1985], provided that the amendment made by section 1081(c)(4) to [section 1691(i) of Pub. L. 115–91], repealing [section 1 of Pub. L. 106–398], set out above, is effective as of Dec. 12, 2017, and as if included in [Pub. L. 115–91] as enacted.]
Domestic Preparedness for Defense Against Weapons of Mass Destruction
[Pub. L. 105–261, div. A, title XIV], Oct. 17, 1998, [112 Stat. 2167], as amended by [Pub. L. 106–65, div. A, title X, § 1064], Oct. 5, 1999, [113 Stat. 769], [Pub. L. 106–398, § 1 [[div. A]], title X, § 1087(d)(7)], Oct. 30, 2000, [114 Stat. 1654], 1654A–293; [Pub. L. 107–107, div. A, title XV, § 1514(a)], (b)(1), Dec. 28, 2001, [115 Stat. 1273]; [Pub. L. 107–296, title VIII, § 889(b)(2)], Nov. 25, 2002, [116 Stat. 2251], provided that:“SEC. 1401.
SHORT TITLE.
“This title may be cited as the ‘Defense Against Weapons of Mass Destruction Act of 1998’.
“SEC. 1402.
DOMESTIC PREPAREDNESS FOR RESPONSE TO THREATS OF TERRORIST USE OF WEAPONS OF MASS DESTRUCTION.
“(a)
Enhanced Response Capability.—
In light of the continuing potential for terrorist use of weapons of mass destruction against the United States and the need to develop a more fully coordinated response to that threat on the part of Federal, State, and local agencies, the President shall act to increase the effectiveness at the Federal, State, and local level of the domestic emergency preparedness program for response to terrorist incidents involving weapons of mass destruction by utilizing the President’s existing authorities to develop an integrated program that builds upon the program established under the Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of
[Public Law 104–201];
[110 Stat. 2714];
50 U.S.C. 2301 et seq.).
“(b)
Report.—
Not later than January 31, 1999, the President shall submit to Congress a report containing information on the actions taken at the Federal, State, and local level to develop an integrated program to prevent and respond to terrorist incidents involving weapons of mass destruction.
“SEC. 1403.
REPORT ON DOMESTIC EMERGENCY PREPAREDNESS
[Repealed. [Pub. L. 107–296, title VIII, § 889(b)(2)], Nov. 25, 2002, [116 Stat. 2251].]
“SEC. 1404.
THREAT AND RISK ASSESSMENTS.
“(a)
Threat and Risk Assessments.—
Executive Order No. 13328
Ex. Ord. No. 13328, Feb. 6, 2004, 69 F.R. 6901, which established the Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, was revoked by Ex. Ord. No. 13385, § 3(a), Sept. 29, 2005, 70 F.R. 57990, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees.