H. R. 3230—291
ing individuals for appointment to the Commission, the Director
should consult with—
(1) the Speaker of the House of Representatives concerning
the appointment of three of the members of the Commission;
(2) the majority leader of the Senate concerning the
appointment of three of the members of the Commission; and
(3) the minority leader of the House of Representatives
and the minority leader of the Senate concerning the appoint-
ment of three of the members of the Commission.
(c) QUALIFICATIONS.—Members of the Commission shall be
appointed from among private United States citizens with knowl-
edge and expertise in the political and military aspects of prolifera-
tion of ballistic missiles and the ballistic missile threat to the
United States.
(d) CHAIRMAN.—The Speaker of the House of Representatives,
after consultation with the majority leader of the Senate and the
minority leaders of the House of Representatives and the Senate,
shall designate one of the members of the Commission to serve
as chairman of the Commission.
(e) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(f) SECURITY CLEARANCES.—All members of the Commission
shall hold appropriate security clearances.
(g) INITIAL ORGANIZATION REQUIREMENTS.—(1) All appoint-
ments to the Commission shall be made not later than 45 days
after the date of the enactment of this Act.
(2) The Commission shall convene its first meeting not later
than 30 days after the date as of which all members of the Commis-
sion have been appointed, but not earlier than October 15, 1996.
SEC. 1322. DUTIES OF COMMISSION.
(a) REVIEW OF BALLISTIC MISSILE THREAT.—The Commission
shall assess the nature and magnitude of the existing and emerging
ballistic missile threat to the United States.
(b) COOPERATION FROM GOVERNMENT OFFICIALS.—In carrying
out its duties, the Commission should receive the full and timely
cooperation of the Secretary of Defense, the Director of Central
Intelligence, and any other United States Government official
responsible for providing the Commission with analyses, briefings,
and other information necessary for the fulfillment of its respon-
sibilities.
SEC. 1323. REPORT.
The Commission shall, not later than six months after the
date of its first meeting, submit to the Congress a report on its
findings and conclusions.
SEC. 1324. POWERS.
(a) HEARINGS.—The Commission or, at its direction, any panel
or member of the Commission, may, for the purpose of carrying
out the provisions of this subtitle, hold hearings, sit and act at
times and places, take testimony, receive evidence, and administer
oaths to the extent that the Commission or any panel or member
considers advisable.
(b) INFORMATION.—The Commission may secure directly from
the Department of Defense, the Central Intelligence Agency, and
H. R. 3230—292
any other Federal department or agency information that the
Commission considers necessary to enable the Commission to carry
out its responsibilities under this subtitle.
SEC. 1325. COMMISSION PROCEDURES.
(a) MEETINGS.—The Commission shall meet at the call of the
Chairman.
(b) QUORUM.—(1) Five members of the Commission shall con-
stitute a quorum other than for the purpose of holding hearings.
(2) The Commission shall act by resolution agreed to by a
majority of the members of the Commission.
(c) COMMISSION.—The Commission may establish panels com-
posed of less than full membership of the Commission for the
purpose of carrying out the Commission’s duties. The actions of
each such panel shall be subject to the review and control of
the Commission. Any findings and determinations made by such
a panel shall not be considered the findings and determinations
of the Commission unless approved by the Commission.
(d) AUTHORITY
OF INDIVIDUALS TO ACT
FOR COMMISSION.—
Any member or agent of the Commission may, if authorized by
the Commission, take any action which the Commission is author-
ized to take under this subtitle.
SEC. 1326. PERSONNEL MATTERS.
(a) PAY OF MEMBERS.—Members of the Commission shall serve
without pay by reason of their work on the Commission.
(b) TRAVEL EXPENSES.—The members of the Commission shall
be allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under subchapter
I of chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Commission.
(c) STAFF.—(1) The chairman of the Commission may, without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, appoint a staff director
and such additional personnel as may be necessary to enable the
Commission to perform its duties. The appointment of a staff direc-
tor shall be subject to the approval of the Commission.
(2) The chairman of the Commission may fix the pay of the
staff director and other personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay fixed under this
paragraph for the staff director may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of such
title and the rate of pay for other personnel may not exceed the
maximum rate payable for grade GS–15 of the General Schedule.
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of the
chairman of the Commission, the head of any Federal department
or agency may detail, on a nonreimbursable basis, any personnel
of that department or agency to the Commission to assist it in
carrying out its duties.
(e) PROCUREMENT
OF TEMPORARY
AND INTERMITTENT SERV-
ICES.—The chairman of the Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay payable for level V
of the Executive Schedule under section 5316 of such title.
H. R. 3230—293
SEC. 1327. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.
(a) POSTAL
AND PRINTING SERVICES.—The Commission may
use the United States mails and obtain printing and binding serv-
ices in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(b) MISCELLANEOUS ADMINISTRATIVE AND SUPPORT SERVICES.—
The Director of Central Intelligence shall furnish the Commission,
on a reimbursable basis, any administrative and support services
requested by the Commission.
SEC. 1328. FUNDING.
Funds for activities of the Commission shall be provided from
amounts appropriated for the Department of Defense for operation
and maintenance for Defense-wide activities for fiscal year 1997.
Upon receipt of a written certification from the Chairman of the
Commission specifying the funds required for the activities of the
Commission, the Secretary of Defense shall promptly disburse to
the Commission, from such amounts, the funds required by the
Commission as stated in such certification.
SEC. 1329. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the date of
the submission of its report under section 1323.
TITLE XIV—DEFENSE AGAINST
WEAPONS OF MASS DESTRUCTION
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Definitions.
Subtitle A—Domestic Preparedness
Sec. 1411. Response to threats of terrorist use of weapons of mass destruction.
Sec. 1412. Emergency response assistance program.
Sec. 1413. Nuclear, chemical, and biological emergency response.
Sec. 1414. Chemical-biological emergency response team.
Sec. 1415. Testing of preparedness for emergencies involving nuclear, radiological,
chemical, and biological weapons.
Sec. 1416. Military assistance to civilian law enforcement officials in emergency
situations involving biological or chemical weapons.
Sec. 1417. Rapid response information system.
Subtitle B—Interdiction of Weapons of Mass Destruction and Related
Materials
Sec. 1421. Procurement of detection equipment United States border security.
Sec. 1422. Extension of coverage of International Emergency Economic Powers Act.
Sec. 1423. Sense of Congress concerning criminal penalties.
Sec. 1424. International border security.
Subtitle C—Control and Disposition of Weapons of Mass Destruction and
Related Materials Threatening the United States
Sec. 1431. Coverage of weapons-usable fissile materials in Cooperative Threat
Reduction programs on elimination or transportation of nuclear
weapons.
Sec. 1432. Elimination of plutonium production.
Subtitle D—Coordination of Policy and Countermeasures Against
Proliferation of Weapons of Mass Destruction
Sec. 1441. National Coordinator on Nonproliferation.
Sec. 1442. National Security Council Committee on Nonproliferation.
Sec. 1443. Comprehensive preparedness program.
Sec. 1444. Termination.
H. R. 3230—294
Subtitle E—Miscellaneous
Sec. 1451. Sense of Congress concerning contracting policy.
Sec. 1452. Transfers of allocations among Cooperative Threat Reduction programs.
Sec. 1453. Sense of Congress concerning assistance to states of former Soviet
Union.
Sec. 1454. Purchase of low-enriched uranium derived from Russian highly enriched
uranium.
Sec. 1455. Sense of Congress concerning purchase, packaging, and transportation of
fissile materials at risk of theft.
SEC. 1401. SHORT TITLE.
This title may be cited as the ‘‘Defense Against Weapons of
Mass Destruction Act of 1996’’.
SEC. 1402. FINDINGS.
Congress makes the following findings:
(1) Weapons of mass destruction and related materials
and technologies are increasingly available from worldwide
sources. Technical information relating to such weapons is read-
ily available on the Internet, and raw materials for chemical,
biological, and radiological weapons are widely available for
legitimate commercial purposes.
(2) The former Soviet Union produced and maintained a
vast array of nuclear, biological, and chemical weapons of mass
destruction.
(3) Many of the states of the former Soviet Union retain
the facilities, materials, and technologies capable of producing
additional quantities of weapons of mass destruction.
(4) The disintegration of the former Soviet Union was
accompanied by disruptions of command and control systems,
deficiencies in accountability for weapons, weapons-related
materials and technologies, economic hardships, and significant
gaps in border control among the states of the former Soviet
Union. The problems of organized crime and corruption in
the states of the former Soviet Union increase the potential
for proliferation of nuclear, radiological, biological, and chemical
weapons and related materials.
(5) The conditions described in paragraph (4) have
substantially increased the ability of potentially hostile nations,
terrorist groups, and individuals to acquire weapons of mass
destruction and related materials and technologies from within
the states of the former Soviet Union and from unemployed
scientists who worked on those programs.
(6) As a result of such conditions, the capability of poten-
tially hostile nations and terrorist groups to acquire nuclear,
radiological, biological, and chemical weapons is greater than
at any time in history.
(7) The President has identified North Korea, Iraq, Iran,
and Libya as hostile states which already possess some weapons
of mass destruction and are developing others.
(8) The acquisition or the development and use of weapons
of mass destruction is well within the capability of many
extremist and terrorist movements, acting independently or
as proxies for foreign states.
(9) Foreign states can transfer weapons to or otherwise
aid extremist and terrorist movements indirectly and with plau-
sible deniability.