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torney General and only if the Associate Attorney General
or Assistant Attorney General to whom delegated has been
designated by the Attorney General to act for, and to exer-
cise the general powers of, the Attorney General.
‘‘(g) RELATIONSHIP TO OTHER AUTHORITY.—Noth-
ing in this section shall be construed to restrict any execu-
tive branch authority regarding use of members of the
armed forces or equipment of the Department of Defense
that was in effect before the date of the enactment of the
Defense Against Weapons of Mass Destruction Act of
1996.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘382. Emergency situations involving chemical or biological weapons of mass de-
struction.’’.
(b) CONFORMING AMENDMENT TO CONDITION FOR
PROVIDING
EQUIPMENT
AND
FACILITIES.—Section
372(b)(1) of title 10, United States Code, is amended by
adding at the end the following new sentence: ‘‘The re-
quirement for a determination that an item is not reason-
ably available from another source does not apply to as-
sistance provided under section 382 of this title pursuant
to a request of the Attorney General for the assistance.’’.
(c) CONFORMING AMENDMENTS RELATING TO AU-
THORITY TO REQUEST ASSISTANCE.—(1)(A) Chapter 10
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of title 18, United States Code, is amended by inserting
after section 175 the following new section:
‘‘§ 175a. Requests for military assistance to enforce
prohibition in certain emergencies
‘‘The Attorney General may request the Secretary of
Defense to provide assistance under section 382 of title
10 in support of Department of Justice activities relating
to the enforcement of section 175 of this title in an emer-
gency situation involving a biological weapon of mass de-
struction. The authority to make such a request may be
exercised by another official of the Department of Justice
in accordance with section 382(f)(2) of title 10.’’.
(B) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 175 the following new item:
‘‘175a. Requests for military assistance to enforce prohibition in certain emer-
gencies.’’.
(2)(A) The chapter 133B of title 18, United States
Code, that relates to terrorism is amended by inserting
after section 2332c the following new section:
‘‘§ 2332d. Requests for military assistance to enforce
prohibition in certain emergencies
‘‘The Attorney General may request the Secretary of
Defense to provide assistance under section 382 of title
10 in support of Department of Justice activities relating
to the enforcement of section 2332c of this title during
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an emergency situation involving a chemical weapon of
mass destruction. The authority to make such a request
may be exercised by another official of the Department
of Justice in accordance with section 382(f)(2) of title
10.’’.
(B) The table of sections at the beginning of such
chapter is amended by inserting after the item relating
to section 2332c the following new item:
‘‘2332d. Requests for military assistance to enforce prohibition in certain emer-
gencies.’’.
(d) CIVILIAN EXPERTISE.—The President shall take
reasonable measures to reduce the reliance of civilian law
enforcement officials on Department of Defense resources
to counter the threat posed by the use or potential use
of biological and chemical weapons of mass destruction
within the United States. The measures shall include—
(1) actions to increase civilian law enforcement
expertise to counter such a threat; and
(2) actions to improve coordination between ci-
vilian law enforcement officials and other civilian
sources of expertise, within and outside the Federal
Government, to counter such a threat.
(e) REPORTS.—The President shall submit to Con-
gress the following reports:
(1) Not later than 90 days after the date of the
enactment of this Act, a report describing the re-
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spective policy functions and operational roles of
Federal agencies in countering the threat posed by
the use or potential use of biological and chemical
weapons of mass destruction within the United
States.
(2) Not later than one year after such date, a
report describing—
(A) the actions planned to be taken to
carry out subsection (d); and
(B) the costs of such actions.
(3) Not later than three years after such date,
a report updating the information provided in the
reports submitted pursuant to paragraphs (1) and
(2), including the measures taken pursuant to sub-
section (d).
SEC. 104. TESTING OF PREPAREDNESS FOR EMERGENCIES
INVOLVING NUCLEAR, RADIOLOGICAL, CHEM-
ICAL, AND BIOLOGICAL WEAPONS.
(a) EMERGENCIES INVOLVING CHEMICAL OR BIO-
LOGICAL WEAPONS.—(1) The Secretary of Defense shall
develop and carry out a program for testing and improving
the responses of Federal, State, and local agencies to
emergencies involving biological weapons and related ma-
terials and emergencies involving chemical weapons and
related materials.
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(2) The program shall include exercises to be carried
out during each of five successive fiscal years beginning
with fiscal year 1997.
(3) In developing and carrying out the program, the
Secretary shall coordinate with the Director of the Federal
Bureau of Investigation, the Director of the Federal
Emergency Management Agency, the Secretary of Energy,
and the heads of any other Federal, State, and local gov-
ernment agencies that have an expertise or responsibilities
relevant to emergencies described in paragraph (1).
(b) EMERGENCIES INVOLVING NUCLEAR AND RADIO-
LOGICAL WEAPONS.—(1) The Secretary of Energy shall
develop and carry out a program for testing and improving
the responses of Federal, State, and local agencies to
emergencies involving nuclear and radiological weapons
and related materials.
(2) The program shall include exercises to be carried
out during each of five successive fiscal years beginning
with fiscal year 1997.
(3) In developing and carrying out the program, the
Secretary shall coordinate with the Director of the Federal
Bureau of Investigation, the Director of the Federal
Emergency Management Agency, the Secretary of De-
fense, and the heads of any other Federal, State, and local
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government agencies that have an expertise or responsibil-
ities relevant to emergencies described in paragraph (1).
(c) ANNUAL REVISIONS OF PROGRAMS.—The official
responsible for carrying out a program developed under
subsection (a) or (b) shall revise the program not later
than June 1 in each fiscal year covered by the program.
The revisions shall include adjustments that the official
determines necessary or appropriate on the basis of the
lessons learned from the exercise or exercises carried out
under the program in the fiscal year, including lessons
learned regarding coordination problems and equipment
deficiencies.
(d) OPTION TO TRANSFER RESPONSIBILITY.—(1)
The President may designate the head of an agency out-
side the Department of Defense to assume the responsibil-
ity for carrying out the program developed under sub-
section (a) beginning on or after October 1, 1999, and
relieve the Secretary of Defense of that responsibility upon
the assumption of the responsibility by the designated offi-
cial.
(2) The President may designate the head of an agen-
cy outside the Department of Energy to assume the re-
sponsibility for carrying out the program developed under
subsection (b) beginning on or after October 1, 1999, and
relieve the Secretary of Energy of that responsibility upon
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(3) The Commissioner of Customs.
(d) FUNDING.—(1)(A) There is authorized to be ap-
propriated for fiscal year 1997 $10,000,000 for research
and development coordinated by the Secretary of Defense
under subsection (a).
(B) The amount authorized to be appropriated for
research and development under subparagraph (A) is in
addition any other amounts that are authorized to be ap-
propriated for the Department of Defense for fiscal year
1997 for such research and development, including funds
authorized to be appropriated for research and develop-
ment relating to nonproliferation of weapons of mass de-
struction.
(2)(A) Of the total amount authorized to be appro-
priated for national defense programs of the Department
of Energy for fiscal year 1997, $19,000,000 is available
for research and development coordinated by the Secretary
of Energy under subsection (b).
(B) The amount available under subparagraph (B)
is in addition to any other amount authorized to be appro-
priated under any other provision of law for such research
and development.
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SEC. 203. INTERNATIONAL EMERGENCY ECONOMIC POW-
ERS ACT.
Section 203 of the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1702) is amended—
(1) in subsection (a)(1)(B), by striking out ‘‘im-
portation or exportation of,’’ and inserting in lieu
thereof ‘‘importation, exportation, or attempted im-
portation or exportation of,’’; and
(2) in subsection (b)(3), by striking out ‘‘impor-
tation from any country, or the exportation’’ and in-
serting in lieu thereof ‘‘importation or attempted im-
portation from any country, or the exportation or at-
tempted exportation’’.
SEC. 204. CRIMINAL PENALTIES.
It is the sense of Congress that—
(1) the sentencing guidelines prescribed by the
United States Sentencing Commission for the of-
fenses of importation, attempted importation, expor-
tation, and attempted exportation of nuclear, biologi-
cal, and chemical weapons materials constitute inad-
equate punishment for such offenses; and
(2) Congress urges the United States Sentenc-
ing Commission to revise the relevant sentencing
guidelines to provide for increased penalties for of-
fenses relating to importation, attempted importa-
tion, exportation, and attempted exportation of nu-
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clear, biological, or chemical weapons or related ma-
terials or technologies under—
(A) section 11 of the Export Administra-
tion Act of 1979 (50 U.S.C. App. 2410);
(B) sections 38 and 40 the Arms Export
Control Act (22 U.S.C. 2778 and 2780);
(C) the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.); and
(D) section 309(c) of the Nuclear Non-
Proliferation Act of 1978 (22 U.S.C. 2156a(c).
SEC. 205. INTERNATIONAL BORDER SECURITY.
(a) SECRETARY
OF DEFENSE RESPONSIBILITY.—
The Secretary of Defense, in consultation and cooperation
with the Commissioner of Customs, shall carry out pro-
grams for assisting customs officials and border guard of-
ficials in the independent states of the former Soviet
Union, the Baltic states, and other countries of Eastern
Europe in preventing unauthorized transfer and transpor-
tation of nuclear, biological, and chemical weapons and re-
lated materials. Training, expert advice, maintenance of
equipment, loan of equipment, and audits may be provided
under or in connection with the programs.
(b) FUNDING.—(1) Of the total amount authorized
to be appropriated for the Department of Defense for op-
eration 
and 
maintenance 
for 
fiscal 
year 
1997,
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$15,000,000 is available for carrying out the programs re-
ferred to in subsection (a).
(2) The amount available under paragraph (1) for
programs referred to in that paragraph is in addition to
any other amount authorized to be appropriated under any
other provision of law for such programs.
TITLE III—CONTROL AND DIS-
POSITION OF WEAPONS OF
MASS DESTRUCTION AND RE-
LATED MATERIALS THREAT-
ENING THE UNITED STATES
SEC. 301. PROTECTION AND CONTROL OF MATERIALS CON-
STITUTING 
A 
THREAT 
TO 
THE 
UNITED
STATES.
(a) DEPARTMENT OF ENERGY PROGRAM.—Subject
to subsection (c)(1), the Secretary of Energy may, under
materials protection, control, and accounting assistance of
the Department of Energy, provide assistance for securing
from theft or other unauthorized disposition nuclear mate-
rials that are not so secured and are located at any site
within the former Soviet Union where effective controls
for securing such materials are not in place.
(b) DEPARTMENT OF DEFENSE PROGRAM.—Subject
to subsection (c)(2), the Secretary of Defense may provide
materials protection, control, and accounting assistance
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under the Cooperative Threat Reduction Programs of the
Department of Defense for securing from theft or other
unauthorized disposition, or for destroying, nuclear, radio-
logical, biological, or chemical weapons (or related mate-
rials) that are not so secure and are located at any site
within the former Soviet Union where effective controls
for securing such weapons are not in place.
(c) FUNDING.—(1)(A) Of the total amount author-
ized to be appropriated for national defense programs of
the Department of Energy for fiscal year 1997,
$15,000,000 is available for materials protection, control,
and accounting assistance of the Department of Energy
for providing assistance under subsection (a).
(B) The amount available under subparagraph (A)
is in addition to any other amount authorized to be appro-
priated under any other provision of law materials protec-
tion, control, and accounting assistance of the Department
of Energy.
(2)(A) Of the total amount authorized to be appro-
priated for the Department of Defense for operation and
maintenance for fiscal year 1997, $10,000,000 is available
for the Cooperative Threat Reduction Programs of the De-
partment of Defense for providing materials protection,
control, and accounting assistance under subsection (b).
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(B) The amount available under subparagraph (A)
is in addition to any other amount authorized to be appro-
priated under any other provision of law for materials pro-
tection, control, and accounting assistance of the Depart-
ment of Defense.
SEC. 302. VERIFICATION OF DISMANTLEMENT AND CON-
VERSION OF WEAPONS AND MATERIALS.
(a) FUNDING FOR COOPERATIVE ACTIVITIES FOR
DEVELOPMENT OF TECHNOLOGIES.—Of the total amount
authorized to be appropriated for national defense pro-
grams of the Department of Energy for fiscal year 1997,
$10,000,000 is available for continuing and expediting co-
operative activities with the Government of Russia to de-
velop and deploy—
(1) technologies for improving verification of
nuclear warhead dismantlement;
(2) technologies for converting plutonium from
weapons into forms that—
(A) are better suited for long-term storage
than are the forms from which converted;
(B) facilitate verification; and
(C) are suitable for nonweapons use; and
(3) technologies that promote openness in Rus-
sian production, storage, use, and final and interim
disposition of weapon-usable fissible material, includ-