I

104TH CONGRESS

2D SESSION H. R. 3730

To take measures to protect the security of the United States from

proliferation and use of weapons of mass destruction.

IN THE HOUSE OF REPRESENTATIVES

JUNE 27, 1996

Mr. SPRATT (for himself and Mr. MCCOLLUM) introduced the following bill;

which was referred to the Committee on National Security, and in addition to the Committees on International Relations, and the Judiciary, for

a period to be subsequently determined by the Speaker, in each case for

consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To take measures to protect the security of the United States

from proliferation and use of weapons of mass destruction.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Defense Against Weap5 ons of Mass Destruction Act of 1996’’.

6 SEC. 2. FINDINGS.

7 Congress makes the following findings:
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1 (1) Weapons of mass destruction and related

2 materials and technologies are increasingly available

3 from worldwide sources. Technical information relat4 ing to such weapons is readily available on the

5 Internet, and raw materials for chemical, biological,

6 and radiological weapons are widely available for le7 gitimate commercial purposes.

8 (2) The former Soviet Union produced and

9 maintained a vast array of nuclear, biological, and

10 chemical weapons of mass destruction.

11 (3) Many of the states of the former Soviet

12 Union retain the facilities, materials, and tech13 nologies capable of producing additional quantities

14 of weapons of mass destruction.

15 (4) The disintegration of the former Soviet

16 Union was accompanied by disruptions of command

17 and control systems, deficiencies in accountability

18 for weapons, weapons-related materials and tech19 nologies, economic hardships, and significant gaps in

20 border control among the states of the former Soviet

21 Union. The problems of organized crime and corrup22 tion in the states of the former Soviet Union in23 crease the potential for proliferation of nuclear, radi24 ological, biological, and chemical weapons and relat25 ed materials.
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1 (5) The conditions described in paragraph (4)

2 have substantially increased the ability of potentially

3 hostile nations, terrorist groups, and individuals to

4 acquire weapons of mass destruction and related

5 materials and technologies from within the states of

6 the former Soviet Union and from unemployed sci7 entists who worked on those programs.

8 (6) As a result of such conditions, the capability

9 of potentially hostile nations and terrorist groups to

10 acquire nuclear, radiological, biological, and chemical

11 weapons is greater than any time in history.

12 (7) The President has identified North Korea,

13 Iraq, Iran, and Libya as hostile states which already

14 possess some weapons of mass destruction and are

15 developing others.

16 (8) The acquisition or the development and use

17 of weapons of mass destruction is well within the ca18 pability of many extremist and terrorist movements,

19 acting independently or as proxies for foreign states.

20 (9) Foreign states can transfer weapons to or

21 otherwise aid extremist and terrorist movements in22 directly and with plausible deniability.

23 (10) Terrorist groups have already conducted

24 chemical attacks against civilian targets in the Unit-
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1 ed States and Japan, and a radiological attack in

2 Russia.

3 (11) The potential for the national security of

4 the United States to be threatened by nuclear, radio5 logical, chemical, or biological terrorism must be

6 taken as seriously as the risk of an attack by long7 range ballistic missiles carrying nuclear weapons.

8 (12) There is a significant and growing threat

9 of attack by weapons of mass destruction on targets

10 that are not military targets in the usual sense of

11 the term.

12 (13) Concomitantly, the threat posed to the citi13 zens of the United States by nuclear, radiological,

14 biological, and chemical weapons delivered by uncon15 ventional means is significant and growing.

16 (14) Mass terror may result from terrorist inci17 dents involving nuclear, radiological, biological, or

18 chemical materials, even if such materials are not

19 configured as military weapons.

20 (15) Facilities required for production of radio21 logical, biological, and chemical weapons are much

22 smaller and harder to detect than nuclear weapons

23 facilities, and biological, and chemical weapons can

24 be deployed by alternative delivery means that are
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1 much harder to detect than long-range ballistic mis2 siles.

3 (16) Such delivery systems have no assignment

4 of responsibility, unlike ballistic missiles, for which

5 a launch location would be unambiguously known.

6 (17) Covert or unconventional means of delivery

7 of nuclear, radiological, biological, and chemical

8 weapons, which might be preferable to foreign states

9 and nonstate organizations, include cargo ships, pas10 senger aircraft, commercial and private vehicles and

11 vessels, and commercial cargo shipments routed

12 through multiple destinations.

13 (18) Traditional arms control efforts assume

14 large state efforts with detectable manufacturing

15 programs and weapons production programs, but are

16 ineffective in monitoring and controlling smaller,

17 though potentially more dangerous, unconventional

18 proliferation efforts.

19 (19) Conventional counterproliferation efforts

20 would do little to detect or prevent the rapid devel21 opment of a capability to suddenly manufacture sev22 eral hundred chemical or biological weapons with

23 nothing but commercial supplies and equipment.
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1 (20) The United States lacks adequate planning

2 and countermeasures to address the threat of nu3 clear, radiological, biological, and chemical terrorism.

4 (21) The Department of Energy has established

5 a Nuclear Emergency Response Team which is avail6 able in case of nuclear or radiological emergencies,

7 but no comparable units exist to deal with emer8 gencies involving biological, or chemical weapons or

9 related materials.

10 (22) State and local emergency response per11 sonnel are not adequately prepared or trained for in12 cidents involving nuclear, radiological, biological, or

13 chemical materials.

14 (23) Exercises of the Federal, State, and local

15 response to nuclear, radiological, biological, or chem16 ical terrorism have revealed serious deficiencies in

17 preparedness and severe problems of coordination.

18 (24) The development of, and allocation of re19 sponsibilities for, effective countermeasures to nu20 clear, radiological, biological, or chemical terrorism

21 in the United States requires well-coordinated par22 ticipation of many Federal agencies, and careful

23 planning by the Federal Government and State and

24 local governments.
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1 (25) Training and exercises can significantly

2 improve the preparedness of State and local emer3 gency response personnel for emergencies involving

4 nuclear, radiological, biological, or chemical weapons

5 or related materials.

6 (26) Sharing of the expertise and capabilities of

7 the Department of Defense, which traditionally has

8 provided assistance to Federal, State, and local offi9 cials in neutralizing, dismantling, and disposing of

10 explosive ordnance, as well as radiological, biological,

11 and chemical materials, can be a vital contribution

12 to the development and deployment of counter13 measures against nuclear, biological, and chemical

14 weapons of mass destruction.

15 (27) The United States lacks effective policy co16 ordination regarding the threat posed by the pro17 liferation of weapons of mass destruction.

18 SEC. 3. DEFINITIONS.

19 In this Act:

20 (1) The term ‘‘weapon of mass destruction’’

21 means any weapon or device that is intended, or has

22 the capability, to cause death or serious bodily injury

23 to a significant number of people through the re24 lease, dissemination, or impact of—
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1 (A) toxic or poisonous chemicals or their

2 precursors;

3 (B) a disease organism; or

4 (C) radiation or radioactivity.

5 (2) The term ‘‘independent states of the former

6 Soviet Union’’ has the meaning given the term in

7 section 3 of the FREEDOM Support Act (22 U.S.C.

8 5801).

9 (3) The term ‘‘highly enriched uranium’’ means

10 uranium enriched to 20 percent or more in the iso11 tope U–235.

12 TITLE I—DOMESTIC

13 PREPAREDNESS

14 SEC. 101. EMERGENCY RESPONSE ASSISTANCE PROGRAM.

15 (a) PROGRAM REQUIRED.—(1) The Secretary of De16 fense shall carry out a program to provide civilian person17 nel of Federal, State, and local agencies with training and

18 expert advice regarding emergency responses to a use or

19 threatened use of a weapon of mass destruction or related

20 materials.

21 (2) The President may designate the head of an agen22 cy other than the Department of Defense to assume the

23 responsibility for carrying out the program on or after Oc24 tober 1, 1999, and relieve the Secretary of Defense of that
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1 responsibility upon the assumption of the responsibility by

2 the designated official.

3 (3) Hereafter in this section, the official responsible

4 for carrying out the program is referred to as the ‘‘lead

5 official’’.

6 (b) COORDINATION.—In carrying out the program,

7 the lead official shall coordinate with each of the following

8 officials who is not serving as the lead official:

9 (1) The Director of the Federal Emergency

10 Management Agency.

11 (2) The Secretary of Energy.

12 (3) The Secretary of Defense.

13 (4) The heads of any other Federal, State, and

14 local government agencies that have an expertise or

15 responsibilities relevant to emergency responses de16 scribed in subsection (a)(1).

17 (c) ELIGIBLE PARTICIPANTS.—The civilian personnel

18 eligible to receive assistance under the program are civil19 ian personnel of Federal, State, and local agencies who

20 have emergency preparedness responsibilities.

21 (d) INVOLVEMENT OF OTHER FEDERAL AGEN22 CIES.—(1) The lead official may use personnel and capa23 bilities of Federal agencies outside the agency of the lead

24 official to provide training and expert advice under the

25 program.
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1 (2)(A) Personnel used under paragraph (1) shall be

2 personnel who have special skills relevant to the particular

3 assistance that the personnel are to provide.

4 (B) Capabilities used under paragraph (1) shall be

5 capabilities that are especially relevant to the particular

6 assistance for which the capabilities are used.

7 (e) AVAILABLE ASSISTANCE.—Assistance available

8 under this program shall include the following:

9 (1) Training in the use, operation, and mainte10 nance of equipment for—

11 (A) detecting a chemical or biological agent

12 or nuclear radiation;

13 (B) monitoring the presence of such an

14 agent or radiation;

15 (C) protecting emergency personnel and

16 the public; and

17 (D) decontamination.

18 (2) Establishment of a designated telephonic

19 link (commonly referred to as a ‘‘hot line’’) to a des20 ignated source of relevant data and expert advice for

21 the use of State or local officials responding to emer22 gencies involving a weapon of mass destruction or

23 related materials.

24 (3) Use of the National Guard and other re25 serve components for purposes authorized under this
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1 section that are specified by the lead official (with

2 the concurrence of the Secretary of Defense if the

3 Secretary is not the lead official).

4 (4) Loan of appropriate equipment.

5 (f) LIMITATIONS ON DEPARTMENT OF DEFENSE AS6 SISTANCE TO LAW ENFORCEMENT AGENCIES.—Assist7 ance provided by the Department of Defense to law en8 forcement agencies under this section shall be provided

9 under the authority of, and subject to the restrictions pro10 vided in, chapter 18 of title 10, United States Code.

11 (g) ADMINISTRATION OF DEPARTMENT OF DEFENSE

12 ASSISTANCE.—The Secretary of Defense shall designate

13 an official within the Department of Defense to serve as

14 the executive agent of the Secretary for the coordination

15 of the provision of Department of Defense assistance

16 under this section.

17 (h) FUNDING.—(1) Of the total amount authorized

18 to be appropriated for the Department of Defense for op19 eration and maintenance for fiscal year 1997,

20 $35,000,000 is available for the program required under

21 this section.

22 (2) Of the amount available for the program pursu23 ant to paragraph (1), $10,500,000 is available for use by

24 the Secretary of Defense to assist the Surgeon General

25 of the United States in the establishment of metropolitan
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1 emergency medical response teams (commonly referred to

2 as ‘‘Metropolitan Medical Strike Force Teams’’) to provide

3 medical services that are necessary or potentially nec4 essary by reason of a use or threatened use of a weapon

5 of mass destruction.

6 (3) The amount available for the program under

7 paragraph (1) is in addition to any other amount author8 ized to be appropriated for the program under any other

9 provision of law.

10 SEC. 102. NUCLEAR, CHEMICAL, AND BIOLOGICAL EMER11 GENCY RESPONSE.

12 (a) DEPARTMENT OF DEFENSE.—The Secretary of

13 Defense shall designate an official within the Department

14 of Defense as the executive agent for—

15 (1) the coordination of Department of Defense

16 assistance to Federal, State, and local officials in re17 sponding to threats involving biological or chemical

18 weapons or related materials or technologies, includ19 ing assistance in identifying, neutralizing, disman20 tling, and disposing of biological and chemical weap21 ons and related materials and technologies; and

22 (2) the coordination of Department of Defense

23 assistance to the Department of Energy in carrying

24 out that department’s responsibilities under sub25 section (b).
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1 (b) DEPARTMENT OF ENERGY.—The Secretary of

2 Energy shall designate an official within the Department

3 of Energy as the executive agent for—

4 (1) the coordination of Department of Energy

5 assistance to Federal, State, and local officials in re6 sponding to threats involving nuclear weapons or re7 lated materials or technologies, including assistance

8 in identifying, neutralizing, dismantling, and dispos9 ing of nuclear weapons and related materials and

10 technologies; and

11 (2) the coordination of Department of Energy

12 assistance to the Department of Defense in carrying

13 out that department’s responsibilities under sub14 section (a).

15 (c) FUNDING.—(1)(A) Of the total amount author16 ized to be appropriated for the Department of Defense for

17 operation and maintenance for fiscal year 1997,

18 $15,000,000 is available for providing assistance described

19 in subsection (a).

20 (B) The amount available under subparagraph (A)

21 for providing assistance described in subsection (a) is in

22 addition to any other amount authorized to be appro23 priated by any other provision of law for that purpose.

24 (2)(A) Of the total amount authorized to be appro25 priated for national defense programs of the Department
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1 of Energy for fiscal year 1997, $15,000,000 is available

2 for providing assistance described in subsection (b).

3 (B) The amount available under subparagraph (A)

4 for providing assistance is in addition to any other amount

5 authorized to be appropriated under any other provision

6 of law for that purpose.

7 SEC. 103. MILITARY ASSISTANCE TO CIVILIAN LAW EN8 FORCEMENT OFFICIALS IN EMERGENCY SIT9 UATIONS INVOLVING BIOLOGICAL OR CHEMI10 CAL WEAPONS.

11 (a) ASSISTANCE AUTHORIZED.—(1) Chapter 18 of

12 title 10, United States Code, is amended by adding at the

13 end the following new section:

14 ‘‘§ 382. Emergency situations involving chemical or

15 biological weapons of mass destruction

16 ‘‘(a) IN GENERAL.— The Secretary of Defense, upon

17 the request of the Attorney General, may provide assist18 ance in support of Department of Justice activities relat19 ing to the enforcement of section 175 or 2332c of title

20 18 during an emergency situation involving a biological

21 or chemical weapon of mass destruction. Department of

22 Defense resources, including personnel of the Department

23 of Defense, may be used to provide such assistance if—
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1 ‘‘(1) the Secretary of Defense and the Attorney

2 General jointly determine that an emergency situa3 tion exists; and

4 ‘‘(2) the Secretary of Defense determines that

5 the provision of such assistance will not adversely af6 fect the military preparedness of the United States.

7 ‘‘(b) EMERGENCY SITUATIONS COVERED.—In this

8 section, the term ‘emergency situation involving a biologi9 cal or chemical weapon of mass destruction’ means a cir10 cumstance involving a biological or chemical weapon of

11 mass destruction—

12 ‘‘(1) that poses a serious threat to the interests

13 of the United States; and

14 ‘‘(2) in which—

15 ‘‘(A) civilian expertise and capabilities are

16 not readily available to provide the required as17 sistance to counter the threat immediately

18 posed by the weapon involved;

19 ‘‘(B) special capabilities and expertise of

20 the Department of Defense are necessary and

21 critical to counter the threat posed by the weap22 on involved; and

23 ‘‘(C) enforcement of section 175 or 2332c

24 of title 18 would be seriously impaired if the
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1 Department of Defense assistance were not pro2 vided.

3 ‘‘(c) FORMS OF ASSISTANCE.—The assistance re4 ferred to in subsection (a) includes the operation of equip5 ment (including equipment made available under section

6 372 of this title) to monitor, contain, disable, or dispose

7 of the weapon involved or elements of the weapon.

8 ‘‘(d) REGULATIONS.—(1) The Secretary of Defense

9 and the Attorney General shall jointly issue regulations

10 concerning the types of assistance that may be provided

11 under this section. Such regulations shall also describe the

12 actions that Department of Defense personnel may take

13 in circumstances incident to the provision of assistance

14 under this section.

15 ‘‘(2)(A) Except as provided in subparagraph (B), the

16 regulations may not authorize the following actions:

17 ‘‘(i) Arrest.

18 ‘‘(ii) Any direct participation in conducting a

19 search for or seizure of evidence related to a viola20 tion of section 175 or 2332c of title 18.

21 ‘‘(iii) Any direct participation in the collection

22 of intelligence for law enforcement purposes.

23 ‘‘(B) The regulations may authorize an action de24 scribed in subparagraph (A) to be taken under the follow25 ing conditions:
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1 ‘‘(i) The action is considered necessary for the

2 immediate protection of human life, and civilian law

3 enforcement officials are not capable of taking the

4 action.

5 ‘‘(ii) The action is otherwise authorized under

6 subsection (c) or under otherwise applicable law.

7 ‘‘(e) REIMBURSEMENTS.—The Secretary of Defense

8 shall require reimbursement as a condition for providing

9 assistance under this section to the extent required under

10 section 377 of this title.

11 ‘‘(f) DELEGATIONS OF AUTHORITY.—(1) Except to

12 the extent otherwise provided by the Secretary of Defense,

13 the Deputy Secretary of Defense may exercise the author14 ity of the Secretary of Defense under this section. The

15 Secretary of Defense may delegate the Secretary’s author16 ity under this section only to an Under Secretary of De17 fense or an Assistant Secretary of Defense and only if the

18 Under Secretary or Assistant Secretary to whom delegated

19 has been designated by the Secretary to act for, and to

20 exercise the general powers of, the Secretary.

21 ‘‘(2) Except to the extent otherwise provided by the

22 Attorney General, the Deputy Attorney General may exer23 cise the authority of the Attorney General under this sec24 tion. The Attorney General may delegate that authority

25 only to the Associate Attorney General or an Assistant At-
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1 torney General and only if the Associate Attorney General

2 or Assistant Attorney General to whom delegated has been

3 designated by the Attorney General to act for, and to exer4 cise the general powers of, the Attorney General.

5 ‘‘(g) RELATIONSHIP TO OTHER AUTHORITY.—Noth6 ing in this section shall be construed to restrict any execu7 tive branch authority regarding use of members of the

8 armed forces or equipment of the Department of Defense

9 that was in effect before the date of the enactment of the

10 Defense Against Weapons of Mass Destruction Act of

11 1996.’’.

12 (2) The table of sections at the beginning of such

13 chapter is amended by adding at the end the following

14 new item:

‘‘382. Emergency situations involving chemical or biological weapons of mass destruction.’’.

15 (b) CONFORMING AMENDMENT TO CONDITION FOR

16 PROVIDING EQUIPMENT AND FACILITIES.—Section

17 372(b)(1) of title 10, United States Code, is amended by

18 adding at the end the following new sentence: ‘‘The re19 quirement for a determination that an item is not reason20 ably available from another source does not apply to as21 sistance provided under section 382 of this title pursuant

22 to a request of the Attorney General for the assistance.’’.

23 (c) CONFORMING AMENDMENTS RELATING TO AU24 THORITY TO REQUEST ASSISTANCE.—(1)(A) Chapter 10
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1 of title 18, United States Code, is amended by inserting

2 after section 175 the following new section:

3 ‘‘§ 175a. Requests for military assistance to enforce

4 prohibition in certain emergencies

5 ‘‘The Attorney General may request the Secretary of

6 Defense to provide assistance under section 382 of title

7 10 in support of Department of Justice activities relating

8 to the enforcement of section 175 of this title in an emer9 gency situation involving a biological weapon of mass de10 struction. The authority to make such a request may be

11 exercised by another official of the Department of Justice

12 in accordance with section 382(f)(2) of title 10.’’.

13 (B) The table of sections at the beginning of such

14 chapter is amended by inserting after the item relating

15 to section 175 the following new item:

‘‘175a. Requests for military assistance to enforce prohibition in certain emergencies.’’.

16 (2)(A) The chapter 133B of title 18, United States

17 Code, that relates to terrorism is amended by inserting

18 after section 2332c the following new section:

19 ‘‘§ 2332d. Requests for military assistance to enforce

20 prohibition in certain emergencies

21 ‘‘The Attorney General may request the Secretary of

22 Defense to provide assistance under section 382 of title

23 10 in support of Department of Justice activities relating

24 to the enforcement of section 2332c of this title during
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1 an emergency situation involving a chemical weapon of

2 mass destruction. The authority to make such a request

3 may be exercised by another official of the Department

4 of Justice in accordance with section 382(f)(2) of title

5 10.’’.

6 (B) The table of sections at the beginning of such

7 chapter is amended by inserting after the item relating

8 to section 2332c the following new item:

‘‘2332d. Requests for military assistance to enforce prohibition in certain emergencies.’’.

9 (d) CIVILIAN EXPERTISE.—The President shall take

10 reasonable measures to reduce the reliance of civilian law

11 enforcement officials on Department of Defense resources

12 to counter the threat posed by the use or potential use

13 of biological and chemical weapons of mass destruction

14 within the United States. The measures shall include—

15 (1) actions to increase civilian law enforcement

16 expertise to counter such a threat; and

17 (2) actions to improve coordination between ci18 vilian law enforcement officials and other civilian

19 sources of expertise, within and outside the Federal

20 Government, to counter such a threat.

21 (e) REPORTS.—The President shall submit to Con22 gress the following reports:

23 (1) Not later than 90 days after the date of the

24 enactment of this Act, a report describing the re-
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1 spective policy functions and operational roles of

2 Federal agencies in countering the threat posed by

3 the use or potential use of biological and chemical

4 weapons of mass destruction within the United

5 States.

6 (2) Not later than one year after such date, a

7 report describing—

8 (A) the actions planned to be taken to

9 carry out subsection (d); and

10 (B) the costs of such actions.

11 (3) Not later than three years after such date,

12 a report updating the information provided in the

13 reports submitted pursuant to paragraphs (1) and

14 (2), including the measures taken pursuant to sub15 section (d).

16 SEC. 104. TESTING OF PREPAREDNESS FOR EMERGENCIES

17 INVOLVING NUCLEAR, RADIOLOGICAL, CHEM18 ICAL, AND BIOLOGICAL WEAPONS.

19 (a) EMERGENCIES INVOLVING CHEMICAL OR BIO20 LOGICAL WEAPONS.—(1) The Secretary of Defense shall

21 develop and carry out a program for testing and improving

22 the responses of Federal, State, and local agencies to

23 emergencies involving biological weapons and related ma24 terials and emergencies involving chemical weapons and

25 related materials.
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1 (2) The program shall include exercises to be carried

2 out during each of five successive fiscal years beginning

3 with fiscal year 1997.

4 (3) In developing and carrying out the program, the

5 Secretary shall coordinate with the Director of the Federal

6 Bureau of Investigation, the Director of the Federal

7 Emergency Management Agency, the Secretary of Energy,

8 and the heads of any other Federal, State, and local gov9 ernment agencies that have an expertise or responsibilities

10 relevant to emergencies described in paragraph (1).

11 (b) EMERGENCIES INVOLVING NUCLEAR AND RADIO12 LOGICAL WEAPONS.—(1) The Secretary of Energy shall

13 develop and carry out a program for testing and improving

14 the responses of Federal, State, and local agencies to

15 emergencies involving nuclear and radiological weapons

16 and related materials.

17 (2) The program shall include exercises to be carried

18 out during each of five successive fiscal years beginning

19 with fiscal year 1997.

20 (3) In developing and carrying out the program, the

21 Secretary shall coordinate with the Director of the Federal

22 Bureau of Investigation, the Director of the Federal

23 Emergency Management Agency, the Secretary of De24 fense, and the heads of any other Federal, State, and local
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1 government agencies that have an expertise or responsibil2 ities relevant to emergencies described in paragraph (1).

3 (c) ANNUAL REVISIONS OF PROGRAMS.—The official

4 responsible for carrying out a program developed under

5 subsection (a) or (b) shall revise the program not later

6 than June 1 in each fiscal year covered by the program.

7 The revisions shall include adjustments that the official

8 determines necessary or appropriate on the basis of the

9 lessons learned from the exercise or exercises carried out

10 under the program in the fiscal year, including lessons

11 learned regarding coordination problems and equipment

12 deficiencies.

13 (d) OPTION TO TRANSFER RESPONSIBILITY.—(1)

14 The President may designate the head of an agency out15 side the Department of Defense to assume the responsibil16 ity for carrying out the program developed under sub17 section (a) beginning on or after October 1, 1999, and

18 relieve the Secretary of Defense of that responsibility upon

19 the assumption of the responsibility by the designated offi20 cial.

21 (2) The President may designate the head of an agen22 cy outside the Department of Energy to assume the re23 sponsibility for carrying out the program developed under

24 subsection (b) beginning on or after October 1, 1999, and

25 relieve the Secretary of Energy of that responsibility upon
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1 the assumption of the responsibility by the designated offi2 cial.

3 (e) FUNDING.—(1) Of the total amount authorized

4 to be appropriated for the Department of Defense for op5 eration and maintenance for fiscal year 1997,

6 $15,000,000 is available for the development and execu7 tion of the programs required by this section, including

8 the participation of State and local agencies in exercises

9 carried out under the programs.

10 (2) The amount available under paragraph (1) for the

11 development and execution of programs referred to in that

12 paragraph is in addition to any other amount authorized

13 to be appropriated under any other provision of law for

14 such purposes.

15 TITLE II—INTERDICTION OF

16 WEAPONS OF MASS DESTRUC17 TION AND RELATED MATE18 RIALS

19 SEC. 201. UNITED STATES BORDER SECURITY.

20 (a) PROCUREMENT OF DETECTION EQUIPMENT.—

21 (1) Of the total amount authorized to be appropriated for

22 the Department of Defense for operation and maintenance

23 for fiscal year 1997, $15,000,000 is available for the pro24 curement of—
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1 (A) equipment capable of detecting the move2 ment of weapons of mass destruction and related

3 materials into the United States;

4 (B) equipment capable of interdicting the move5 ment of weapons of mass destruction and related

6 materials into the United States; and

7 (C) materials and technologies related to use of

8 equipment described in subparagraph (A) or (B).

9 (2) The amount available under paragraph (1) for the

10 procurement of items referred to in that paragraph is in

11 addition to any other amount authorized to be appro12 priated under any other provision of law for such purpose.

13 (b) AVAILABILITY OF EQUIPMENT TO COMMISSIONER

14 OF CUSTOMS.—To the extent authorized under chapter 18

15 of title 10, United States Code, the Secretary of Defense

16 may make equipment of the Department of Defense de17 scribed in subsection (a), and related materials and tech18 nologies, available to the Commissioner of Customs for use

19 in detecting and interdicting the movement of weapons of

20 mass destruction into the United States.

21 SEC. 202. NONPROLIFERATION AND COUNTER-PROLIFERA22 TION RESEARCH AND DEVELOPMENT.

23 (a) BIOLOGICAL AND CHEMICAL WEAPONS.—The

24 Secretary of Defense shall be the lead official of the Fed25 eral Government for coordinating the research and devel-
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1 opment activities of the Federal Government on technical

2 means for detecting the presence of, the illegal transpor3 tation of, the illegal production of, and the illegal use of

4 materials and technologies that may be used to make a

5 biological or chemical weapon and materials (including

6 precursors) and technologies that are suitable for use in

7 making such a weapon.

8 (b) NUCLEAR AND RADIOLOGICAL WEAPONS.—The

9 Secretary of Energy shall be the lead official of the Fed10 eral Government for coordinating the research and devel11 opment activities of the Federal Government on technical

12 means for detecting the presence of, the illegal transpor13 tation of, the illegal production of, and the illegal use of

14 materials and technologies that may be used to make a

15 nuclear or radiological weapon and materials and tech16 nologies that are suitable for use in making a nuclear or

17 radiological weapon.

18 (c) CONSULTATION REQUIREMENT.—In carrying out

19 research and development activities under subsection (a)

20 or (b), the Secretary of Defense or the Secretary of En21 ergy, respectively, shall consult with each other and the

22 following officials:

23 (1) The Director of Central Intelligence.

24 (2) The Director of the Federal Bureau of In25 vestigation.
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1 (3) The Commissioner of Customs.

2 (d) FUNDING.—(1)(A) There is authorized to be ap3 propriated for fiscal year 1997 $10,000,000 for research

4 and development coordinated by the Secretary of Defense

5 under subsection (a).

6 (B) The amount authorized to be appropriated for

7 research and development under subparagraph (A) is in

8 addition any other amounts that are authorized to be ap9 propriated for the Department of Defense for fiscal year

10 1997 for such research and development, including funds

11 authorized to be appropriated for research and develop12 ment relating to nonproliferation of weapons of mass de13 struction.

14 (2)(A) Of the total amount authorized to be appro15 priated for national defense programs of the Department

16 of Energy for fiscal year 1997, $19,000,000 is available

17 for research and development coordinated by the Secretary

18 of Energy under subsection (b).

19 (B) The amount available under subparagraph (B)

20 is in addition to any other amount authorized to be appro21 priated under any other provision of law for such research

22 and development.
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1 SEC. 203. INTERNATIONAL EMERGENCY ECONOMIC POW2 ERS ACT.

3 Section 203 of the International Emergency Eco4 nomic Powers Act (50 U.S.C. 1702) is amended—

5 (1) in subsection (a)(1)(B), by striking out ‘‘im6 portation or exportation of,’’ and inserting in lieu

7 thereof ‘‘importation, exportation, or attempted im8 portation or exportation of,’’; and

9 (2) in subsection (b)(3), by striking out ‘‘impor10 tation from any country, or the exportation’’ and in11 serting in lieu thereof ‘‘importation or attempted im12 portation from any country, or the exportation or at13 tempted exportation’’.

14 SEC. 204. CRIMINAL PENALTIES.

15 It is the sense of Congress that—

16 (1) the sentencing guidelines prescribed by the

17 United States Sentencing Commission for the of18 fenses of importation, attempted importation, expor19 tation, and attempted exportation of nuclear, biologi20 cal, and chemical weapons materials constitute inad21 equate punishment for such offenses; and

22 (2) Congress urges the United States Sentenc23 ing Commission to revise the relevant sentencing

24 guidelines to provide for increased penalties for of25 fenses relating to importation, attempted importa26 tion, exportation, and attempted exportation of nu-
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1 clear, biological, or chemical weapons or related ma2 terials or technologies under—

3 (A) section 11 of the Export Administra4 tion Act of 1979 (50 U.S.C. App. 2410);

5 (B) sections 38 and 40 the Arms Export

6 Control Act (22 U.S.C. 2778 and 2780);

7 (C) the International Emergency Economic

8 Powers Act (50 U.S.C. 1701 et seq.); and

9 (D) section 309(c) of the Nuclear Non10 Proliferation Act of 1978 (22 U.S.C. 2156a(c).

11 SEC. 205. INTERNATIONAL BORDER SECURITY.

12 (a) SECRETARY OF DEFENSE RESPONSIBILITY.—

13 The Secretary of Defense, in consultation and cooperation

14 with the Commissioner of Customs, shall carry out pro15 grams for assisting customs officials and border guard of16 ficials in the independent states of the former Soviet

17 Union, the Baltic states, and other countries of Eastern

18 Europe in preventing unauthorized transfer and transpor19 tation of nuclear, biological, and chemical weapons and re20 lated materials. Training, expert advice, maintenance of

21 equipment, loan of equipment, and audits may be provided

22 under or in connection with the programs.

23 (b) FUNDING.—(1) Of the total amount authorized

24 to be appropriated for the Department of Defense for op25 eration and maintenance for fiscal year 1997,
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1 $15,000,000 is available for carrying out the programs re2 ferred to in subsection (a).

3 (2) The amount available under paragraph (1) for

4 programs referred to in that paragraph is in addition to

5 any other amount authorized to be appropriated under any

6 other provision of law for such programs.

7 TITLE III—CONTROL AND DIS8 POSITION OF WEAPONS OF

9 MASS DESTRUCTION AND RE10 LATED MATERIALS THREAT11 ENING THE UNITED STATES

12 SEC. 301. PROTECTION AND CONTROL OF MATERIALS CON13 STITUTING A THREAT TO THE UNITED

14 STATES.

15 (a) DEPARTMENT OF ENERGY PROGRAM.—Subject

16 to subsection (c)(1), the Secretary of Energy may, under

17 materials protection, control, and accounting assistance of

18 the Department of Energy, provide assistance for securing

19 from theft or other unauthorized disposition nuclear mate20 rials that are not so secured and are located at any site

21 within the former Soviet Union where effective controls

22 for securing such materials are not in place.

23 (b) DEPARTMENT OF DEFENSE PROGRAM.—Subject

24 to subsection (c)(2), the Secretary of Defense may provide

25 materials protection, control, and accounting assistance
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1 under the Cooperative Threat Reduction Programs of the

2 Department of Defense for securing from theft or other

3 unauthorized disposition, or for destroying, nuclear, radio4 logical, biological, or chemical weapons (or related mate5 rials) that are not so secure and are located at any site

6 within the former Soviet Union where effective controls

7 for securing such weapons are not in place.

8 (c) FUNDING.—(1)(A) Of the total amount author9 ized to be appropriated for national defense programs of

10 the Department of Energy for fiscal year 1997,

11 $15,000,000 is available for materials protection, control,

12 and accounting assistance of the Department of Energy

13 for providing assistance under subsection (a).

14 (B) The amount available under subparagraph (A)

15 is in addition to any other amount authorized to be appro16 priated under any other provision of law materials protec17 tion, control, and accounting assistance of the Department

18 of Energy.

19 (2)(A) Of the total amount authorized to be appro20 priated for the Department of Defense for operation and

21 maintenance for fiscal year 1997, $10,000,000 is available

22 for the Cooperative Threat Reduction Programs of the De23 partment of Defense for providing materials protection,

24 control, and accounting assistance under subsection (b).
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1 (B) The amount available under subparagraph (A)

2 is in addition to any other amount authorized to be appro3 priated under any other provision of law for materials pro4 tection, control, and accounting assistance of the Depart5 ment of Defense.

6 SEC. 302. VERIFICATION OF DISMANTLEMENT AND CON7 VERSION OF WEAPONS AND MATERIALS.

8 (a) FUNDING FOR COOPERATIVE ACTIVITIES FOR

9 DEVELOPMENT OF TECHNOLOGIES.—Of the total amount

10 authorized to be appropriated for national defense pro11 grams of the Department of Energy for fiscal year 1997,

12 $10,000,000 is available for continuing and expediting co13 operative activities with the Government of Russia to de14 velop and deploy—

15 (1) technologies for improving verification of

16 nuclear warhead dismantlement;

17 (2) technologies for converting plutonium from

18 weapons into forms that—

19 (A) are better suited for long-term storage

20 than are the forms from which converted;

21 (B) facilitate verification; and

22 (C) are suitable for nonweapons use; and

23 (3) technologies that promote openness in Rus24 sian production, storage, use, and final and interim

25 disposition of weapon-usable fissible material, includ-
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1 ing at tritium/isotope production reactors, uranium

2 enrichment plants, chemical separation plants, and

3 fabrication facilities associated with naval and civil

4 research reactors.

5 (b) WEAPONS-USABLE FISSILE MATERIALS TO BE

6 COVERED BY COOPERATIVE THREAT REDUCTION PRO7 GRAMS ON ELIMINATION OR TRANSPORTATION OF NU8 CLEAR WEAPONS.—Section 1201(b)(1) of the National

9 Defense Authorization Act for Fiscal Year 1996 (Public

10 Law 104–106; 110 Stat. 469; 22 U.S.C. 5955 note) is

11 amended by inserting ‘‘, fissile material suitable for use

12 in nuclear weapons,’’ after ‘‘other weapons’’.

13 SEC. 303. ELIMINATION OF PLUTONIUM PRODUCTION.

14 (a) REPLACEMENT PROGRAM.—The Secretary of De15 fense, in consultation with the Secretary of Energy, shall

16 develop a cooperative program with the Government of

17 Russia to eliminate the production of weapons grade plu18 tonium by modifying or replacing the reactor cores at

19 Tomsk–7 and Krasnoyarsk–26 with reactor cores that are

20 less suitable for the production of weapons-grade pluto21 nium.

22 (b) PROGRAM REQUIREMENTS.—(1) The program

23 shall be designed to achieve completion of the modifica24 tions or replacements of the reactor cores within three
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1 years after the modification or replacement activities

2 under the program are begun.

3 (2) The plan for the program shall—

4 (A) specify—

5 (i) successive steps for the modification or

6 replacement of the reactor cores; and

7 (ii) clearly defined milestones to be

8 achieved; and

9 (B) include estimates of the costs of the pro10 gram.

11 (c) SUBMISSION OF PROGRAM PLAN TO CON12 GRESS.—Not later than 180 days after the date of the

13 enactment of this Act, the Secretary of Defense shall sub14 mit to Congress—

15 (1) a plan for the program under subsection

16 (a);

17 (2) an estimate of the United States funding

18 that is necessary for carrying out the activities

19 under the program for each fiscal year covered by

20 the program; and

21 (3) a comparison of the benefits of the program

22 with the benefits of other nonproliferation programs.

23 (d) FUNDING FOR INITIAL PHASE.—(1) Of the total

24 amount authorized to be appropriated for the Department

25 of Defense for operation and maintenance for fiscal year
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1 1997 other than for Cooperative Threat Reduction pro2 grams, $16,000,000 is available for the initial phase of

3 the program under subsection (a).

4 (2) The amount available for the initial phase of the

5 reactor modification or replacement program under para6 graph (1) is in addition to amounts authorized to be ap7 propriated for Cooperative Threat Reduction programs

8 under any other provision of law.

9 SEC. 304. INDUSTRIAL PARTNERSHIP PROGRAMS TO DE10 MILITARIZE WEAPONS OF MASS DESTRUC11 TION PRODUCTION FACILITIES.

12 (a) DEPARTMENT OF ENERGY PROGRAM.—The Sec13 retary of Energy shall expand the Industrial Partnership

14 Program of the Department of Energy to include coverage

15 of all of the independent states of the former Soviet Union.

16 (b) DEPARTMENT OF DEFENSE PROGRAM.—The

17 Secretary of Defense shall establish a program to support

18 the dismantlement or conversion of the biological and

19 chemical weapons facilities in the independent states of

20 the former Soviet Union to uses for nondefense purposes.

21 The Secretary may carry out such program in conjunction

22 with, or separately from, the organization designated as

23 the Defense Enterprise Fund (formerly designated as the

24 ‘‘Demilitarization Enterprise Fund’’ under section 1204
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1 of the National Defense Authorization Act for Fiscal Year

2 1994 (Public Law 103–160; 22 U.S.C. 5953)).

3 (c) FUNDING FOR DEPARTMENT OF DEFENSE PRO4 GRAM.—(1)(A) Of the total amount authorized to be ap5 propriated for the Department of Defense for operation

6 and maintenance for fiscal year 1997, $15,000,000 is

7 available for the program under subsection (b).

8 (B) The amount available under subparagraph (A)

9 for the industrial partnership program of the Department

10 of Defense established pursuant to subsection (b) is in ad11 dition to any amount authorized to be appropriated for

12 Cooperative Threat Reduction programs under any other

13 provision of law.

14 (2) It is the sense of Congress that the Secretary of

15 Defense should transfer to the Defense Enterprise Fund,

16 $20,000,000 out of the funds appropriated for Coopera17 tive Threat Reduction programs for fiscal years before fis18 cal year 1997 that remain available for obligation.

19 SEC. 305. LAB-TO-LAB PROGRAM TO IMPROVE THE SAFETY

20 AND SECURITY OF NUCLEAR MATERIALS.

21 (a) PROGRAM EXPANSION AUTHORIZED.—The Sec22 retary of Energy is authorized to expand the Lab-to-Lab

23 program of the Department of Energy to improve the safe24 ty and security of nuclear materials in the independent

25 states of the former Soviet Union where the Lab-to-Lab
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1 program is not being carried out on the date of the enact2 ment of this Act.

3 (b) FUNDING.—(1) Of the total amount authorized

4 to be appropriated for national defense programs of the

5 Department of Energy for fiscal year 1997, $20,000,000

6 is available for expanding the Lab-to-Lab program as au7 thorized under subsection (a).

8 (2) The amount available under paragraph (1) is in

9 addition to any other amount otherwise available for the

10 Lab-to-Lab program.

11 SEC. 306. COOPERATIVE ACTIVITIES ON SECURITY OF

12 HIGHLY ENRICHED URANIUM USED FOR PRO13 PULSION OF RUSSIAN SHIPS.

14 (a) RESPONSIBLE UNITED STATES OFFICIAL.—The

15 Secretary of Energy shall be responsible for carrying out

16 United States cooperative activities with the Government

17 of the Russian Federation on improving the security of

18 highly enriched uranium that is used for propulsion of

19 Russian military and civilian ships.

20 (b) PLAN REQUIRED.—(1) The Secretary shall de21 velop and periodically update a plan for the cooperative

22 activities referred to in subsection (a).

23 (2) The Secretary shall coordinate the development

24 and updating of the plan with the Secretary of Defense.
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1 The Secretary of Defense shall involve the Joint Chiefs

2 of Staff in the coordination.

3 (c) FUNDING.—(1) Of the total amount authorized

4 to be appropriated for national defense programs of the

5 Department of Energy for fiscal year 1997, $6,000,000

6 is available for materials protection, control, and account7 ing program of the Department of Energy for the coopera8 tive activities referred to in subsection (a).

9 (2) The amount available for the Department of En10 ergy for materials protection, control, and accounting pro11 gram under paragraph (1) is in addition to any other

12 amount authorized to be appropriated by any other provi13 sion of law for such program.

14 SEC. 307. MILITARY-TO-MILITARY RELATIONS.

15 (a) FUNDING.—Of the total amount authorized to be

16 appropriated for the Department of Defense for operation

17 and maintenance for fiscal year 1997, $2,000,000 is avail18 able for expanding military-to-military programs of the

19 United States that focus on countering the threats of pro20 liferation of weapons of mass destruction so as to include

21 the security forces of independent states of the former So22 viet Union, particularly states in the Caucasus region and

23 Central Asia.

24 (b) RELATIONSHIP TO OTHER FUNDING AUTHOR25 ITY.—Any amount available for expanding military-to-
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1 military programs under subsection (a) is in addition to

2 the amount authorized to be appropriated for Cooperative

3 Threat Reduction programs under any other provision of

4 law.

5 SEC. 308. TRANSFER AUTHORITY.

6 (a) SECRETARY OF DEFENSE.—(1) To the extent

7 provided in appropriations Acts, the Secretary of Defense

8 may transfer amounts appropriated pursuant to this title

9 for the Department of Defense for programs and authori10 ties under this title to appropriations available for pro11 grams authorized under title I.

12 (2) Amounts so transferred shall be merged with the

13 appropriations to which transferred and shall be available

14 for the programs for which the amounts are transferred.

15 (3) The transfer authority under paragraph (1) is in

16 addition to any other transfer authority provided by this

17 Act.

18 (b) SECRETARY OF ENERGY.—(1) To the extent pro19 vided in appropriations Acts, the Secretary of Energy may

20 transfer amounts appropriated pursuant to this title for

21 the Department of Energy for programs and authorities

22 under this subtitle to appropriations available for pro23 grams authorized under title I.
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1 (2) Amounts so transferred shall be merged with the

2 appropriations to which transferred and shall be available

3 for the programs for which the amounts are transferred.

4 (3) The transfer authority under paragraph (1) is in

5 addition to any other transfer authority provided by this

6 Act.

7 TITLE IV—COORDINATION OF

8 POLICY AND COUNTER9 MEASURES AGAINST PRO10 LIFERATION OF WEAPONS OF

11 MASS DESTRUCTION

12 SEC. 401. NATIONAL COORDINATOR ON NONPROLIFERA13 TION.

14 (a) DESIGNATION OF POSITION.—The President

15 shall designate an individual to serve in the Executive Of16 fice of the President as the National Coordinator for Non17 proliferation Matters.

18 (b) DUTIES.—The Coordinator shall have the follow19 ing responsibilities:

20 (1) To be the principal adviser to the President

21 on nonproliferation of weapons of mass destruction,

22 including issues related to terrorism, arms control,

23 and international organized crime.

24 (2) To chair the Committee on Nonproliferation

25 established under section 402.
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1 (3) To take such actions as are necessary to en2 sure that there is appropriate emphasis in, coopera3 tion on, and coordination of, nonproliferation re4 search efforts of the United States, including activi5 ties of Federal agencies as well as activities of con6 tractors funded by the Federal Government.

7 (c) RELATIONSHIP TO CERTAIN SENIOR DIRECTORS

8 OF NATIONAL SECURITY COUNCIL.—(1) The senior direc9 tors of the National Security Council report to the Coordi10 nator regarding the following matters:

11 (A) Nonproliferation of weapons of mass de12 struction and related issues.

13 (B) Management of crises involving use or

14 threatened use of weapons of mass destruction, and

15 on management of the consequences of the use or

16 threatened use of such a weapon.

17 (C) Terrorism, arms control, and organized

18 crime issues that relate to the threat of proliferation

19 of weapons of mass destruction.

20 (2) Nothing in paragraph (1) shall be construed to

21 affect the reporting relationship between a senior director

22 and the Assistant to the President for National Security

23 Affairs or any other supervisor regarding matters other

24 than matters described in paragraph (1).
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1 (d) ALLOCATION OF FUNDS.—Of the total amount

2 authorized to be appropriated for research, test, develop3 ment, and evaluation for the Department of Defense for

4 fiscal year 1997, $2,000,000 is available for carrying out

5 research referred to in subsection (b)(3). Such amount is

6 in addition to any other amount authorized to be appro7 priated under any other provision of law for such purpose.

8 SEC. 402. NATIONAL SECURITY COUNCIL COMMITTEE ON

9 NONPROLIFERATION.

10 (a) ESTABLISHMENT.—The Committee on Non11 proliferation (in this section referred to as the ‘‘Commit12 tee’’) is established as a committee of the National Secu13 rity Council.

14 (b) MEMBERSHIP.—(1) The Committee shall be com15 posed of the following:

16 (A) The Secretary of State.

17 (B) The Secretary of Defense.

18 (C) The Director of Central Intelligence.

19 (D) The Attorney General.

20 (E) The Secretary of Energy.

21 (F) The Administrator of the Federal Emer22 gency Management Agency.

23 (G) The Secretary of the Treasury.

24 (H) The Secretary of Commerce.
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1 (I) Such other members as the President may

2 designate.

3 (2) The National Coordinator for Nonproliferation

4 Matters shall chair the Committee on Nonproliferation.

5 (c) RESPONSIBILITIES.—The Committee has the fol6 lowing responsibilities:

7 (1) To review and coordinate Federal programs,

8 policies, and directives relating to the proliferation of

9 weapons of mass destruction and related materials

10 and technologies, including matters relating to ter11 rorism and international organized crime.

12 (2) To make recommendations to the President

13 regarding the following:

14 (A) Integrated national policies for coun15 tering the threats posed by weapons of mass de16 struction.

17 (B) Options for integrating Federal agency

18 budgets for countering such threats.

19 (C) Means to ensure that the Federal,

20 State, and local governments have adequate ca21 pabilities to manage crises involving nuclear, ra22 diological, biological, or chemical weapons or re23 lated materials or technologies, and to manage

24 the consequences of a use of such a weapon or
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1 related materials or technologies, and that use

2 of those capabilities is coordinated.

3 (D) Means to ensure appropriate coopera4 tion on, and coordination of, the following:

5 (i) Preventing the smuggling of weap6 ons of mass destruction and related mate7 rials and technologies.

8 (ii) Promoting domestic and inter9 national law enforcement efforts against

10 proliferation-related efforts.

11 (iii) Countering the involvement of or12 ganized crime groups in proliferation-relat13 ed activities.

14 (iv) Safeguarding weapons of mass

15 destruction materials and related tech16 nologies.

17 (v) Improving coordination and co18 operation among intelligence activities, law

19 enforcement, and the Departments of De20 fense, State, Commerce, and Energy in

21 support of nonproliferation and

22 counterproliferation efforts.

23 (vi) Ensuring the continuation of ef24 fective export controls over materials and
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1 technologies that can contribute to the ac2 quisition of weapons of mass destruction.

3 (vii) Reducing proliferation of weap4 ons of mass destruction and related mate5 rials and technologies.

6 SEC. 403. COMPREHENSIVE PREPAREDNESS PROGRAM.

7 (a) PROGRAM REQUIRED.—The President, acting

8 through the Committee on Nonproliferation established

9 under section 402, shall develop a comprehensive program

10 for carrying out this Act.

11 (b) CONTENT OF PROGRAM.—The program set forth

12 in the report shall include specific plans as follows:

13 (1) Plans for countering proliferation of weap14 ons of mass destruction and related materials and

15 technologies.

16 (2) Plans for training and equipping Federal,

17 State, and local officials for managing a crisis in18 volving a use or threatened use of a weapon of mass

19 destruction, including the consequences of the use of

20 such a weapon.

21 (3) Plans for providing for regular sharing of

22 information among intelligence, law enforcement,

23 and customs agencies.

24 (4) Plans for training and equipping law en25 forcement units, customs services, and border secu-
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1 rity personnel to counter the smuggling of weapons

2 of mass destruction and related materials and tech3 nologies.

4 (5) Plans for establishing appropriate centers

5 for analyzing seized nuclear, radiological, biological,

6 and chemical weapons, and related materials and

7 technologies.

8 (6) Plans for establishing in the United States

9 appropriate legal controls and authorities relating to

10 the exporting of nuclear, radiological, biological, and

11 chemical weapons, and related materials and tech12 nologies.

13 (7) Plans for encouraging and assisting govern14 ments of foreign countries to implement and enforce

15 laws that set forth appropriate penalties for offenses

16 regarding the smuggling of weapons of mass de17 struction and related materials and technologies.

18 (8) Plans for building the confidence of the

19 United States and Russia in each other’s controls

20 over United States and Russian nuclear weapons

21 and fissile materials, including plans for verifying

22 the dismantlement of nuclear weapons.

23 (9) Plans for reducing United States and Rus24 sian stockpiles of excess plutonium, reflecting—
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1 (A) consideration of the desirability and

2 feasibility of a United States-Russian agree3 ment governing fissile material disposition and

4 the specific technologies and approaches to be

5 used for disposition of excess plutonium; and

6 (B) an assessment of the options for Unit7 ed States cooperation with Russia in the dis8 position of Russian plutonium.

9 (10) Plans for studying the merits and costs of

10 establishing a global network of means for detecting

11 and responding to terroristic or other criminal use of

12 biological agents against people or other forms of life

13 in the United States or any foreign country.

14 (c) REPORT.—(1) At the same time that the Presi15 dent submits the budget for fiscal year 1998 to Congress

16 pursuant to section 1105(a) of title 31, United States

17 Code, the President shall submit to Congress a report that

18 sets forth the comprehensive program developed under

19 subsection (a).

20 (2) The report shall include the following:

21 (A) The specific plans for the program that are

22 required under subsection (b).

23 (B) Estimates of the funds necessary for carry24 ing out such plans in fiscal year 1998.
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1 (3) The report shall be in an unclassified form. If

2 there is a classified version of the report, the President

3 shall submit the classified version at the same time.

4 SEC. 404. TERMINATION.

5 After September 30, 1999, the President—

6 (1) is not required to maintain a National Coor7 dinator for Nonproliferation Matters under section

8 401; and

9 (2) may terminate the Committee on Non10 proliferation established under section 402.

11 TITLE V—MISCELLANEOUS

12 SEC. 501. CONTRACTING POLICY.

13 It is the sense of Congress that the Secretary of De14 fense, the Secretary of Energy, the Secretary of the Treas15 ury, and the Secretary of State—

16 (1) in the administration of funds available to

17 such officials in accordance with this Act, should (to

18 the extent possible under law) contract directly with

19 suppliers in independent states of the former Soviet

20 Union to facilitate the purchase of goods and serv21 ices necessary to carry out effectively the programs

22 and authorities provided or referred to in title III;

23 and

24 (2) should, in order to facilitate such purchases,

25 seek means, consistent with law, to use innovative
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1 contracting approaches to avoid delay and increase

2 the effectiveness of the programs, and of the exercise

3 of the authorities, provided or referred to in title III.

4 SEC. 502. TRANSFERS OF ALLOCATIONS AMONG COOPERA5 TIVE THREAT REDUCTION PROGRAMS.

6 (a) FINDINGS.—Congress makes the following find7 ings:

8 (1) The various Cooperative Threat Reduction

9 programs are being carried out at different rates in

10 the various countries covered by such programs.

11 (2) It is necessary to authorize transfers of

12 funding allocations among the various programs in

13 order to maximize the effectiveness of United States

14 efforts under such programs.

15 (b) TRANSFERS AUTHORIZED.—Funds appropriated

16 for the purposes set forth in subsection (a) of section 1202

17 of the National Defense Authorization Act for Fiscal Year

18 1996 (Public Law 104–106; 110 Stat. 409) may be used

19 for any such purpose without regard to the allocation set

20 forth in that section and without regard to subsection (b)

21 of such section.

22 SEC. 503. ADDITIONAL CERTIFICATIONS.

23 (a) SENSE OF CONGRESS.—It is the sense of Con24 gress that—
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1 (1) the Cooperative Threat Reduction programs

2 and other United States programs that are derived

3 from programs established under the Former Soviet

4 Union Demilitarization Act of 1992 (title XIV of

5 Public Law 102–484; 22 U.S.C. 2901 et seq.)

6 should be expanded by offering assistance under

7 those programs to other independent states of the

8 former Soviet Union in addition to Russia, Ukraine,

9 Kazakstan, and Belarus; and

10 (2) the President should offer assistance to ad11 ditional independent states of the former Soviet

12 Union in each case in which the participation of

13 such states would benefit national security interests

14 of the United States by improving border controls

15 and safeguards over materials and technology associ16 ated with weapons of mass destruction.

17 (b) EXTENSION OF COVERAGE.—Assistance under

18 programs referred to in subsection (a) may, notwithstand19 ing any other provision of law, be extended to include an

20 independent state of the former Soviet Union if the Presi21 dent certifies to Congress that it is in the national inter22 ests of the United States to extend the assistance to that

23 state.
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1 SEC. 504. PURCHASE OF LOW-ENRICHED URANIUM DE2 RIVED FROM RUSSIAN HIGHLY ENRICHED

3 URANIUM.

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that the allies of the United States and other nations

6 should participate in efforts to ensure that stockpiles of

7 weapons-grade nuclear material are reduced.

8 (b) ACTIONS BY THE SECRETARY OF STATE.—Con9 gress urges the Secretary of State to encourage, in con10 sultation with the Secretary of Energy, other countries to

11 purchase low-enriched uranium that is derived from highly

12 enriched uranium extracted from Russian nuclear weap13 ons.

14 SEC. 505. PURCHASE, PACKAGING, AND TRANSPORTATION

15 OF FISSILE MATERIALS AT RISK OF THEFT.

16 It is the sense of Congress that—

17 (1) the Secretary of Defense, the Secretary of

18 Energy, the Secretary of the Treasury, and the Sec19 retary of State should purchase, package, and trans20 port to secure locations weapons-grade nuclear mate21 rials from a stockpile of such materials if such offi22 cials determine that—

23 (A) there is a significant risk of theft of

24 such materials; and
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1 (B) there is no reasonable and economi2 cally feasible alternative for securing such mate3 rials; and

4 (2) if it is necessary to do so in order to secure

5 the materials, the materials should be imported into

6 the United States, subject to the laws and regula7 tions that are applicable to the importation of such

8 materials into the United States.

9 SEC. 506. REDUCTION IN AUTHORIZATIONS OF APPROPRIA10 TIONS.

11 (a) NAVY RDT&E.—(1) The total amount authorized

12 to be appropriated for research, development, test, and

13 evaluation for the Navy for fiscal year 1997 is reduced

14 by $150,000,000.

15 (2) The reduction in paragraph (1) shall be applied

16 to reduce by $150,000,000 the amount otherwise author17 ized to be appropriated for the Distributed Surveillance

18 System.

19 (b) DEPARTMENT OF ENERGY.—(1) Notwithstanding

20 any other provision of law, the total amount authorized

21 to be appropriated for the Department of Energy for fiscal

22 year 1997 for national defense programs is reduced by

23 $85,000,000.
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1 (2) The reduction under paragraph (1) is not directed

2 at any particular authorization of appropriations for any

3 particular program, project, or activity.

Æ