H. R. 3230—295
(10) Terrorist groups have already conducted chemical
attacks against civilian targets in the United States and Japan,
and a radiological attack in Russia.
(11) The potential for the national security of the United
States to be threatened by nuclear, radiological, chemical, or
biological terrorism must be taken seriously.
(12) There is a significant and growing threat of attack
by weapons of mass destruction on targets that are not military
targets in the usual sense of the term.
(13) Concomitantly, the threat posed to the citizens of
the United States by nuclear, radiological, biological, and chemi-
cal weapons delivered by unconventional means is significant
and growing.
(14) Mass terror may result from terrorist incidents involv-
ing nuclear, radiological, biological, or chemical materials.
(15) Facilities required for production of radiological,
biological, and chemical weapons are much smaller and harder
to detect than nuclear weapons facilities, and biological and
chemical weapons can be deployed by alternative delivery
means other than long-range ballistic missiles.
(16) Covert or unconventional means of delivery of nuclear,
radiological, biological, and chemical weapons include cargo
ships, passenger aircraft, commercial and private vehicles and
vessels, and commercial cargo shipments routed through
multiple destinations.
(17) Traditional arms control efforts assume large state
efforts with detectable manufacturing programs and weapons
production programs, but are ineffective in monitoring and
controlling 
smaller, 
though 
potentially 
more 
dangerous,
unconventional proliferation efforts.
(18) Conventional counterproliferation efforts would do
little to detect or prevent the rapid development of a capability
to suddenly manufacture several hundred chemical or biological
weapons with nothing but commercial supplies and equipment.
(19) The United States lacks adequate planning and
countermeasures to address the threat of nuclear, radiological,
biological, and chemical terrorism.
(20) The Department of Energy has established a Nuclear
Emergency Response Team which is available in case of nuclear
or radiological emergencies, but no comparable units exist to
deal with emergencies involving biological or chemical weapons
or related materials.
(21) State and local emergency response personnel are not
adequately prepared or trained for incidents involving nuclear,
radiological, biological, or chemical materials.
(22) Exercises of the Federal, State, and local response
to nuclear, radiological, biological, or chemical terrorism have
revealed serious deficiencies in preparedness and severe prob-
lems of coordination.
(23) The development of, and allocation of responsibilities
for, 
effective 
countermeasures 
to 
nuclear, 
radiological,
biological, or chemical terrorism in the United States requires
well-coordinated participation of many Federal agencies, and
careful planning by the Federal Government and State and
local governments.
(24) Training and exercises can significantly improve the
preparedness of State and local emergency response personnel
H. R. 3230—296
for emergencies involving nuclear, radiological, biological, or
chemical weapons or related materials.
(25) Sharing of the expertise and capabilities of the Depart-
ment of Defense, which traditionally has provided assistance
to Federal, State, and local officials in neutralizing, dis-
mantling, and disposing of explosive ordnance, as well as radio-
logical, biological, and chemical materials, can be a vital
contribution to the development and deployment of counter-
measures against nuclear, biological, and chemical weapons
of mass destruction.
(26) The United States lacks effective policy coordination
regarding the threat posed by the proliferation of weapons
of mass destruction.
SEC. 1403. DEFINITIONS.
In this title:
(1) The term ‘‘weapon of mass destruction’’ means any
weapon or device that is intended, or has the capability, to
cause death or serious bodily injury to a significant number
of people through the release, dissemination, or impact of—
(A) toxic or poisonous chemicals or their precursors;
(B) a disease organism; or
(C) radiation or radioactivity.
(2) The term ‘‘independent states of the former Soviet
Union’’ has the meaning given that term in section 3 of the
FREEDOM Support Act (22 U.S.C. 5801).
(3) The term ‘‘highly enriched uranium’’ means uranium
enriched to 20 percent or more in the isotope U–235.
Subtitle A—Domestic Preparedness
SEC. 1411. RESPONSE TO THREATS OF TERRORIST USE OF WEAPONS
OF MASS DESTRUCTION.
(a) ENHANCED RESPONSE CAPABILITY.—In light of the potential
for terrorist use of weapons of mass destruction against the United
States, the President shall take immediate action—
(1) to enhance the capability of the Federal Government
to prevent and respond to terrorist incidents involving weapons
of mass destruction; and
(2) to provide enhanced support to improve the capabilities
of State and local emergency response agencies to prevent
and respond to such incidents at both the national and the
local level.
(b) REPORT REQUIRED.—Not later than January 31, 1997, the
President shall transmit to Congress a report containing—
(1) an assessment of the capabilities of the Federal Govern-
ment to prevent and respond to terrorist incidents involving
weapons of mass destruction and to support State and local
prevention and response efforts;
(2) 
requirements 
for 
improvements 
in 
those 
cap-
abilities; and
(3) the measures that should be taken to achieve such
improvements, including additional resources and legislative
authorities that would be required.
H. R. 3230—297
SEC. 1412. EMERGENCY RESPONSE ASSISTANCE PROGRAM.
(a) PROGRAM REQUIRED.—(1) The Secretary of Defense shall
carry out a program to provide civilian personnel of Federal, State,
and local agencies with training and expert advice regarding emer-
gency responses to a use or threatened use of a weapon of mass
destruction or related materials.
(2) The President may designate the head of an agency other
than the Department of Defense to assume the responsibility for
carrying out the program on or after October 1, 1999, and relieve
the Secretary of Defense of that responsibility upon the assumption
of the responsibility by the designated official.
(3) In this section, the official responsible for carrying out
the program is referred to as the ‘‘lead official’’.
(b) COORDINATION.—In carrying out the program, the lead offi-
cial shall coordinate with each of the following officials who is
not serving as the lead official:
(1) The Director of the Federal Emergency Management
Agency.
(2) The Secretary of Energy.
(3) The Secretary of Defense.
(4) The heads of any other Federal, State, and local govern-
ment agencies that have an expertise or responsibilities
relevant to emergency responses described in subsection (a)(1).
(c) ELIGIBLE PARTICIPANTS.—The civilian personnel eligible to
receive assistance under the program are civilian personnel of Fed-
eral, State, and local agencies who have emergency preparedness
responsibilities.
(d) INVOLVEMENT OF OTHER FEDERAL AGENCIES.—(1) The lead
official may use personnel and capabilities of Federal agencies
outside the agency of the lead official to provide training and
expert advice under the program.
(2)(A) Personnel used under paragraph (1) shall be personnel
who have special skills relevant to the particular assistance that
the personnel are to provide.
(B) Capabilities used under paragraph (1) shall be capabilities
that are especially relevant to the particular assistance for which
the capabilities are used.
(3) If the lead official is not the Secretary of Defense, and
requests assistance from the Department of Defense that, in the
judgment of the Secretary of Defense would affect military readiness
or adversely affect national security, the Secretary of Defense may
appeal the request for Department of Defense assistance by the
lead official to the President.
(e) AVAILABLE ASSISTANCE.—Assistance available under this
program shall include the following:
(1) Training in the use, operation, and maintenance of
equipment for—
(A) detecting a chemical or biological agent or nuclear
radiation;
(B) monitoring the presence of such an agent or
radiation;
(C) 
protecting 
emergency 
personnel 
and 
the
public; and
(D) decontamination.
(2) Establishment of a designated telephonic link (com-
monly referred to as a ‘‘hot line’’) to a designated source of
relevant data and expert advice for the use of State or local
H. R. 3230—298
officials responding to emergencies involving a weapon of mass
destruction or related materials.
(3) Use of the National Guard and other reserve compo-
nents for purposes authorized under this section that are speci-
fied by the lead official (with the concurrence of the Secretary
of Defense if the Secretary is not the lead official).
(4) Loan of appropriate equipment.
(f) LIMITATIONS ON DEPARTMENT OF DEFENSE ASSISTANCE TO
LAW ENFORCEMENT AGENCIES.—Assistance provided by the Depart-
ment of Defense to law enforcement agencies under this section
shall be provided under the authority of, and subject to the restric-
tions provided in, chapter 18 of title 10, United States Code.
(g) ADMINISTRATION
OF
DEPARTMENT
OF
DEFENSE
ASSIST-
ANCE.—The Secretary of Defense shall designate an official within
the Department of Defense to serve as the executive agent of
the Secretary for the coordination of the provision of Department
of Defense assistance under this section.
(h) FUNDING.—(1) Of the total amount authorized to be appro-
priated under section 301, $35,000,000 is available for the program
required under this section.
(2) Of the amount available for the program pursuant to para-
graph (1), $10,500,000 is available for use by the Secretary of
Defense to assist the Secretary of Health and Human Services
in the establishment of metropolitan emergency medical response
teams (commonly referred to as ‘‘Metropolitan Medical Strike Force
Teams’’) to provide medical services that are necessary or potentially
necessary by reason of a use or threatened use of a weapon of
mass destruction.
(3) The amount available for the program under paragraph
(1) is in addition to any other amounts authorized to be appropriated
for the program under section 301.
SEC. 1413. NUCLEAR, 
CHEMICAL, 
AND 
BIOLOGICAL 
EMERGENCY
RESPONSE.
(a) DEPARTMENT OF DEFENSE.—The Secretary of Defense shall
designate an official within the Department of Defense as the
executive agent for—
(1) the coordination of Department of Defense assistance
to Federal, State, and local officials in responding to threats
involving biological or chemical weapons or related materials
or technologies, including assistance in identifying, neutraliz-
ing, dismantling, and disposing of biological and chemical
weapons and related materials and technologies; and
(2) the coordination of Department of Defense assistance
to the Department of Energy in carrying out that department’s
responsibilities under subsection (b).
(b) DEPARTMENT OF ENERGY.—The Secretary of Energy shall
designate an official within the Department of Energy as the execu-
tive agent for—
(1) the coordination of Department of Energy assistance
to Federal, State, and local officials in responding to threats
involving nuclear, chemical, and biological weapons or related
materials or technologies, including assistance in identifying,
neutralizing, dismantling, and disposing of nuclear weapons
and related materials and technologies; and