24 September 1998
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

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[Congressional Record: September 22, 1998 (House)]
[Page H8148-H8198]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr22se98-24]
 
[[pp. H8148-H8198]] CONFERENCE REPORT ON H.R. 3616
                    [National Defense Authorization Act for 1999]

[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; 
     31 U.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 
     establishing appropriate 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

[[Page H8168]]

       (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)).

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