2 October 1998
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

Excerpts from HR105-736.
Report Table of Contents: http://jya.com/hr105-736.htm
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    [DOCID: f:hr736.105]
    From the House Reports Online via GPO Access
    [wais.access.gpo.gov]

    105th Congress                                                   Report
                          HOUSE OF REPRESENTATIVES

     2d Session                                                     105-736
    _______________________________________________________________________

     STROM THURMOND NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1999

                                   ----------

                               CONFERENCE REPORT
                                  to accompany
                                   H.R. 3616

                   September 22, 1998.--Ordered to be printed

    [Snip]

     TITLE XIV--DOMESTIC PREPAREDNESS FOR DEFENSE AGAINST WEAPONS OF MASS
                                  DESTRUCTION

    Sec. 1401. Short title.
    Sec. 1402. Domestic preparedness for response to threats of terrorist
              use of weapons of mass destruction.
    Sec. 1403. Report on domestic emergency preparedness.
    Sec. 1404. Threat and risk assessments.
    Sec. 1405. Advisory panel to assess domestic response capabilities for
              terrorism involving weapons of mass destruction.

    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.

        Section 1051 of the National Defense Authorization Act for
    Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1889; 31U.S.C.
    1113 note) is amended by adding at the end the following new
    subsection:
        ``(c) Annex on Domestic Emergency Preparedness Program.--As
    part of the annual report submitted to Congress under
    subsection (b), the President shall include an annex which
    provides the following information on the domestic emergency
    preparedness program for response to terrorist incidents
    involving weapons of mass destruction (as established under
    section 1402 of the Defense Against Weapons of Mass Destruction
    Act of 1998):
                ``(1) Information on program responsibilities for
            each participating Federal department, agency, and
            bureau.
                ``(2) A summary of program activities performed
            during the preceding fiscal year for each participating
            Federal department, agency, and bureau.
                ``(3) A summary of program obligations and
            expenditures during the preceding fiscal year for each
            participating Federal department, agency, and bureau.
                ``(4) A summary of the program plan and budget for
            the current fiscal year for each participating Federal
            department, agency, and bureau.
                ``(5) The program budget request for the following
            fiscal year for each participating Federal department,
            agency, and bureau.
                ``(6) Recommendations for improving Federal, State,
            and local domestic emergency preparedness to respond to
            incidents involving weapons of mass destruction that
            have been made by the advisory panel to assess the
            capabilities of domestic response to terrorism
            involving weapons of mass destruction (as established
            under section 1405 of the Defense Against Weapons of
            Mass Destruction Act of 1998), and actions taken as a
            result of such recommendations.
                ``(7) Additional program measures and legislative
            authority for which congressional action may be
            required.''.

    SEC. 1404. THREAT AND RISK ASSESSMENTS.

        (a) Requirement To Develop Methodologies.-- The Attorney
    General, in consultation with the Director of the Federal
    Bureau of Investigation and representatives of appropriate
    Federal, State, and local agencies, shall develop and test
    methodologies for assessing the threat and risk of terrorist
    employment of weapons of mass destruction against cities and
    other local areas. The results of the tests may be used to
    determine the training and equipment requirements under the
    program developed under section 1402. The methodologies
    required by this subsection shall be developed using cities or
    local areas selected by the Attorney General, acting in
    consultation with the Director of the Federal Bureau of
    Investigation and appropriate representatives of Federal,
    State, and local agencies.
        (b) Required Completion Date.--The requirements in
    subsection (a) shall be completed not later than one year after
    the date of the enactment of this Act.

    SEC. 1405. ADVISORY PANEL TO ASSESS DOMESTIC RESPONSE CAPABILITIES FOR
                        TERRORISM INVOLVING WEAPONS OF MASS DESTRUCTION.

        (a) Requirement for Panel.--The Secretary of Defense, in
    consultation with the Attorney General, the Secretary of
    Energy, the Secretary of Health and Human Services, and the
    Director of the Federal Emergency Management Agency, shall
    enter into a contract with a federally funded research and
    development center to establish a panel to assess the
    capabilities for domestic response to terrorism involving
    weapons of mass destruction.
        (b) Composition of Panel; Selection.--(1) The panel shall
    be composed of members who shall be private citizens of the
    United States with knowledge and expertise in emergency
    response matters.
        (2) Members of the panel shall be selected by the federally
    funded research and development center in accordance with the
    terms of the contract established pursuant to subsection (a).
        (c) Procedures For Panel.--The federally funded research
    and development center shall be responsible for
    establishingappropriate procedures for the panel, including procedures
    for selection of a panel chairman.
        (d) Duties of Panel.-- The panel shall--
                (1) assess Federal agency efforts to enhance
            domestic preparedness for incidents involving weapons
            of mass destruction;
                (2) assess the progress of Federal training
            programs for local emergency responses to incidents
            involving weapons of mass destruction;
                (3) assess deficiencies in programs for response to
            incidents involving weapons of mass destruction,
            including a review of unfunded communications,
            equipment, and planning requirements, and the needs of
            maritime regions;
                (4) recommend strategies for ensuring effective
            coordination with respect to Federal agency weapons of
            mass destruction response efforts, and for ensuring
            fully effective local response capabilities for weapons
            of mass destruction incidents; and
                (5) assess the appropriate roles of State and local
            government in funding effective local response
            capabilities.
        (e) Deadline to Enter Into Contract.--The Secretary of
    Defense shall enter into the contract required under subsection
    (a) not later than 60 days after the date of the enactment of
    this Act.
        (f) Deadline for Selection of Panel Members.--Selection of
    panel members shall be made not later than 30 days after the
    date on which the Secretary enters into the contract required
    by subsection (a).
        (g) Initial Meeting of the Panel.-- The panel shall conduct
    its first meeting not later than 30 days after the date that
    all the selections to the panel have been made.
        (h) Reports.--(1) Not later than 6 months after the date of
    the first meeting of the panel, the panel shall submit to the
    President and to Congress an initial report setting forth its
    findings, conclusions, and recommendations for improving
    Federal, State, and local domestic emergency preparedness to
    respond to incidents involving weapons of mass destruction.
        (2) Not later than December 15 of each year, beginning in
    1999 and ending in 2001, the panel shall submit to the
    President and to the Congress a report setting forth its
    findings, conclusions, and recommendations for improving
    Federal, State, and local domestic emergency preparedness to
    respond to incidents involving weapons of mass destruction.
        (i) Cooperation of Other Agencies.--(1) The panel may
    secure directly from the Department of Defense, the Department
    of Energy, the Department of Health and Human Services, the
    Department of Justice, and the Federal Emergency Management
    Agency, or any other Federal department or agency information
    that the panel considers necessary for the panel to carry out
    its duties.
        (2) The Attorney General, the Secretary of Defense, the
    Secretary of Energy, the Secretary of Health and Human
    Services, the Director of the Federal Emergency Management
    Agency, and any other official of the United States shall
    provide the panel with full and timely cooperation in carrying
    out its duties under this section.
        (j) Funding.--The Secretary of Defense shall provide the
    funds necessary for the panel to carry out its duties from the
    funds available to the Department of Defense for weapons of
    mass destruction preparedness initiatives.
        (k) Compensation of Panel Members.--(1) Members of the
    panel shall serve without pay by reason of their work on the
    panel.
        (2) Members of the panel shall be allowed travel expenses,
    including per diem in lieu of subsistence, at rates authorized
    for employees of agencies under subchapter 57 of title 5,
    United States Code, while away from their homes or regular
    place of business in performance of services for the panel.
        (l) Termination of the Panel.--The panel shall terminate
    three years after the date of the appointment of the member
    selected as chairman of the panel.
        (m) Definition.--In this section, the term ``weapon of mass
    destruction'' has the meaning given that term in section
    1403(1) of the Defense Against Weapons of Mass Destruction Act
    of 1996 (50 U.S.C. 2302(1)).

    [Snip]

    Domestic emergency response program
          The budget request included $246.2 million for key
    Department of Defense programs to counter paramilitary and
    terrorist threats involving weapons of mass destruction,
    including $99.1 million for the domestic emergency response
    preparedness program as follows: $49.9 million for the
    Department of Defense to prepare and enhance Federal, state and
    local response capabilities to terrorist incidents involving
    weapons of mass destruction (WMD), and $49.2 million for the
    Department of the Army for the Reserve Components'
    participation in domestic emergency preparedness and response
    to the terrorist use of weapons of mass destruction.
          The House bill would authorize a decrease of $28.5
    million for the Reserve Components' participation in WMD
    domestic preparedness, including $14.6 million for military
    personnel, $7.0 million for operation and maintenance, and $6.9
    million for the procurement of contamination avoidance
    equipment.
          The Senate amendment would authorize the budget request
    for domestic emergency preparedness for the Department of
    Defense and the Department of the Army. In addition, the Senate
    would recommend the transfer of the mission, function and
    resources for the Defense domestic emergency preparedness
    program to the Defense Threat Reduction Agency (DTRA).
          The conferees agree to authorize the budget request for
    countering paramilitary and terrorist WMD threats and for the
    DOD andthe Department of the Army for the WMD domestic
    emergency response program. Authorization of Reserve Components'
    participation in WMD domestic emergency preparedness and response is
    discussed in Title V of this report. Additionally, specific adjustments
    to program elements for countering paramilitary and terrorist WMD
    threats are discussed elsewhere in the report on the individual
    projects which are included in the program.
          The conferees are aware that a National Coordinator has
    been appointed by the President, pursuant to the direction
    contained in the National Defense Authorization Act for Fiscal
    Year 1997 (Public Law 104-201), whose responsibilities shall
    include operational oversight of the Federal government's
    security and counterterrorism efforts, to include domestic
    emergency preparedness and response to the terrorist use of
    WMD. The conferees have included a provision in Title XIV of
    this report that would require the President to increase the
    effectiveness of the domestic emergency preparedness program
    and to submit a report to Congress by January 31, 1999
    outlining the actions taken to increase the effectiveness of
    the program. In addition, the conferees direct that the report
    submitted by the President on January 31, 1999 include
    information on the efforts to meet the challenge of limiting
    the damage and manage the consequences of the terrorist use of
    WMD, as outlined in Presidential Decision Directive (PDD) 62.
    The conferees understand that the intent of PDD 62 is to create
    a new and more systematic approach to fighting the threat of
    the terrorist use of WMD. The report should outline the role
    and obligations of the National Coordinator in overseeing the
    relevant policies and programs in the U.S. Government, the
    responsibility of the National Coordinator to the Congress,
    implementation of recommendations on budgets for counter-
    terrorism programs and the coordination and development of
    guidelines necessary for crisis management. The conferees
    request that the President's report identify requirements for
    any additional fiscal year 1999 funds that may be required to
    implement actions taken to increase the effectiveness of the
    domestic emergency response program.
          The conferees endorse the direction contained in the
    Senate report (S. Rept. 105-189) requiring the Secretary of
    Defense to report to the congressional defense committees on
    the use of the DOD stockpile of vaccines, medical supplies and
    protective gear in a domestic WMD emergency, and the
    availability of vaccines, antiserums and antidotes in other
    Federal entities that could also be used. In addition, the
    President's report to Congress should discuss the advisability
    of establishing regional stockpiles of both emergency
    protective gear and vaccines that could be available for
    emergency use by Federal, state and local responders in the
    event of a terrorist event using WMD.

    [Snip]

     Title XIV--Domestic Preparedness for Defense Against Weapons of Mass
                                  Destruction

                         Legislative Provisions Adopted

    Defense against weapons of mass destruction (secs. 1401-1405)
          The Department of Defense forwarded with its fiscal year
    1999 budget request a number of legislative provisions to
    expand the ability of the Department of Defense to respond to
    domestic terrorist activity and the potential use by terrorists
    of weapons of mass destruction on U.S. territory.
          The House bill contained a series of provisions (Title
    XIV) that would express the findings of Congress regarding the
    threat of terrorist use of weapons of mass destruction and the
    need to enhance domestic preparedness to respond to such
    incidents (sec. 1402), would direct the President to increase
    the effectiveness of the domestic emergency preparedness
    program and to report by January 31, 1999, the actions taken to
    develop an integrated program for such response (sec. 1411),
    would provide for an annual report on the program and
    recommendations for its improvement (sec. 1412); and would
    require the assessment of the threat and risk of terrorist
    employment of weapons of mass destruction against cities and
    other local areas (sec. 1413). The House bill would also
    establish an Advisory Commission to Assess Domestic Response
    Capabilities for Terrorism Involving Weapons of Mass
    Destruction to provide recommendations to the President and the
    Congress for improvements in Federal, State, and local domestic
    emergency preparedness (secs. 1421-1429).
          The Senate amendment contained no similar provisions.
          The conferees agree that there is a need to improve
    domestic emergency preparedness to respond to the threat of
    terrorist use of weapons of mass destruction in the United
    States. The conferees are also aware that nearly 40 Federal
    departments and agencies are involved in combating terrorism
    (including the Departments of Justice, Defense, Energy, Health
    and Human Services, and the Federal Emergency Management
    Agency), and are concerned that the efforts of the
    Federalgovernment to enhance domestic preparedness to respond to an
    incident involving weapons of mass destruction are hampered by
    incomplete interagency coordination and by the overlapping
    jurisdictions and missions of the various Federal departments and
    agencies. As a consequence, the conferees are concerned that state and
    local emergency response agencies are often presented with different
    and/or competing requirements and program priorities from the
    responsible Federal agencies.
          The conferees are also aware of the actions taken by the
    President in Presidential Decision Directive 62, pursuant to
    direction contained in section 1441 of the National Defense
    Authorization Act for Fiscal Year 1997 (Public Law 104-201), to
    establish the office of the National Coordinator for Security,
    Infrastructure Protection and Counter-Terrorism to oversee
    policies and programs in these areas. However, the conferees
    are not aware of specific actions that have been taken to
    insure an integrated, interagency program for improving
    domestic emergency response to the potential terrorist threat.
    The conferees are concerned that the Congress is not being kept
    adequately informed of the activities of the National
    Coordinator and the status of efforts undertaken to implement
    the responsibilities of the Office, pursuant to direction
    contained within section 1442 of the National Defense
    Authorization Act for Fiscal Year 1997. The conferees direct
    the National Coordinator to provide the congressional defense
    committees with a report by March 1, 1999 on the status of
    activities and efforts undertaken to coordinate policy and
    countermeasures against the proliferation of weapons of mass
    destruction.
          The conferees agree to provisions that would require the
    President (sec. 1411) to increase the effectiveness of the
    domestic emergency preparedness program at the Federal, State,
    and local levels by establishing an integrated program built
    upon the program established under the Defense Against Weapons
    of Mass Destruction Act of 1996, and to submit a report to
    Congress by January 31, 1999 that outlines the actions taken in
    this regard. The conferees also agree to a provision (sec.
    1412) that would amend the National Defense Authorization Act
    for Fiscal Year 1998 (Public Law 105-85) to include an annex to
    the report on oversight of counterterrorism and antiterrorism
    activities of the Federal government, submitted by the Director
    of the Office of Management and Budget, that would include
    information on the Federal government domestic emergency
    response program, and any recommendations for improving
    Federal, state and local domestic emergency response.
          Further, the conferees agree to a provision (sec. 1413)
    that would require the Attorney General, in consultation with
    the Director of the Federal Bureau of Investigation and
    representatives of other Federal agencies and departments, and
    state and local agencies, to develop and test methodologies for
    assessing the threat and risk of terrorist employment of
    weapons of mass destruction against cities and local areas.
    Information from such assessments could be used to help
    determine the training and equipment requirements necessary for
    an effective domestic emergency response program.
          Finally, the conferees agree to a provision (sec. 1421)
    that would require the Secretary of Defense, in consultation
    with the Attorney General, the Secretary of Energy, the
    Secretary of Health and Human Services, and the Director of the
    Federal Emergency Management Agency to enter into a contract
    with a federally funded research and development center to
    establish a panel to assess the capabilities for domestic
    response to terrorism involving weapons of mass destruction and
    to report to the President and the Congress recommendations for
    improvements in Federal, state, and local domestic emergency
    preparedness for such response. The conferees emphasize the
    guidance in the provision that the membership of the panel be
    drawn from private citizens with knowledge and expertise in
    emergency response matters, and direct that the recommendations
    of the local emergency response community be sought in the
    selection of the members of the panel.
          Elsewhere in this Act, the conferees have included a
    provision (sec. 511) that would provide expanded authority for
    use of the Reserve Components to respond to domestic
    emergencies involving the use of weapons of mass destruction.