I
105TH CONGRESS
2D SESSION
H. R. 3764
To establish a Commission to assess weapons of mass destruction domestic
response capabilities.
IN THE HOUSE OF REPRESENTATIVES
APRIL 30, 1998
Mr. WELDON of Pennsylvania (for himself, Mr. HOYER, Mr. ANDREWS, Mr.
PAPPAS, Mrs. CAPPS, Mr. REYES, Mr. PITTS, Mr. ENGLISH of Pennsyl-
vania, Mr. MCNULTY, Mr. FOX of Pennsylvania, and Mr. CASTLE) intro-
duced the following bill; which was referred to the Committee on Trans-
portation and Infrastructure
A BILL
To establish a Commission to assess weapons of mass
destruction domestic response capabilities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Rescue and Emergency
Services Prepared for Our Nation’s Defense Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Many nations currently possess weapons of
mass destruction and related materials and tech-
tion is a likely condition of future warfare and poses
a potential threat to the United States.
(6) The United States lacks adequate prepared-
ness at the Federal, State, and local levels to re-
spond to a potential attack on the United States in-
volving weapons of mass destruction.
(7) The United States has initiated an effort to
enhance the capability of Federal, State, and local
governments as well as local emergency response
personnel to prevent and respond to a domestic ter-
rorist incident involving weapons of mass destruc-
tion.
(8) More than 40 Federal departments, agen-
cies, and bureaus are involved in combating terror-
ism, and many, including the Department of De-
fense, the Department of Justice, the Department of
Energy, the Department of Health and Human
Services, and the Federal Emergency Management
Agency, are executing programs to provide civilian
personnel at the Federal, State, and local levels with
training and assistance to prevent and respond to in-
cidents involving weapons of mass destruction.
(9) The Secretary of Defense has called for the
establishment of 10 Rapid Assessment and Initial
Detection elements, composed of 22 National Guard
personnel, to provide timely regional assistance to
local emergency responders during an incident in-
volving chemical or biological weapons of mass de-
struction.
(10) The Department of Energy has established
a Nuclear Emergency Response Team which is avail-
able to respond to incidents involving nuclear or ra-
diological emergencies.
(11) The Department of Defense has begun to
implement a program to train local emergency re-
sponders in major cities throughout the United
States to prevent and respond to incidents involving
weapons of mass destruction.
(12) The Department of Justice has initiated a
program to direct and coordinate training and exer-
cises to enhance local emergency response to inci-
dents involving weapons of mass destruction, and
may be establishing a National Center for Domestic
Preparedness.
(13) Federal agency initiatives to enhance do-
mestic preparedness to respond to an incident in-
volving weapons of mass destruction are hampered
by incomplete interagency coordination and overlap-
ping jurisdiction of agency missions.
(14) The Federal Emergency Management
Agency, originally designated to lead the coordinated
Federal effort to enhance preparedness to respond to
incidents involving weapons of mass destruction, has
withdrawn from that role, and a successor lead
agency has not yet been determined.
(15) In order to ensure effective local response
capabilities to incidents involving weapons of mass
destruction, the Federal Government, in addition to
providing training, must concurrently address the
need for—
(A) compatible communications capabilities
for all Federal, State, and local emergency re-
sponders, which often use different radio sys-
tems and operate on different radio frequencies;
(B) adequate equipment necessary for re-
sponse to an incident involving weapons of mass
destruction, and a means to ensure that finan-
cially lacking localities have access to such
equipment;
(C) local and regional preplanning efforts
to ensure the effective execution of emergency
response in the event of an incident involving a
weapon of mass destruction; and
(D) increased planning and training to
prepare for emergency response capabilities in
port areas and littoral waters.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) ESTABLISHMENT.—There is hereby established a
commission to be known as the ‘‘Commission to Assess
Weapons of Mass Destruction Domestic Response Capa-
bilities’’.
(b) COMPOSITION.—The Commission shall be com-
posed of 15 members, appointed as follows:
(1) 4 members appointed by the Speaker of the
House of Representatives;
(2) 4 members appointed by the majority leader
of the Senate;
(3) 2 members appointed by the minority leader
of the House of Representatives;
(4) 2 members appointed by the minority leader
of the Senate;
(5) 3 members appointed by the President.
(c) QUALIFICATIONS.—Members shall be appointed
from among individuals with knowledge and expertise in
emergency response matters.
(d) DEADLINE FOR APPOINTMENTS.—Appointments
shall be made not later than the date that is 30 days after
the date of the enactment of this Act.
(e) INITIAL MEETING.—The Commission shall con-
duct its first meeting not later than the date that is 30
days after the date that appointments to the Commission
have been made.
(f) CHAIRMAN.—A Chairman of the Commission
shall be elected by a majority of the members.
SEC. 4. DUTIES OF COMMISSION.
The Commission shall—
(1) assess Federal agency efforts to enhance do-
mestic preparedness for incidents involving weapons
of mass destruction;
(2) assess the progress of Federal training pro-
grams for local emergency responses to incidents in-
volving weapons of mass destruction;
(3) assess deficiencies in training programs for
responses to incidents involving weapons of mass de-
struction, including a review of unfunded commu-
nications, equipment, and preplanning and maritime
region needs;
(4) recommend strategies for ensuring effective
coordination with respect to Federal agency weapons
of mass destruction response efforts, and for ensur-
ing fully effective local response capabilities for
weapons of mass destruction incidents; and
(5) assess the appropriate role of State and
local governments in funding effective local response
capabilities.
SEC. 5. REPORT.
Not later than the date that is 6 months after the
date of the first meeting of the Commission, the Commis-
sion shall submit a report to Congress on its findings
under section 4 and recommendations for improving Fed-
eral, State, and local domestic emergency preparedness to
respond to incidents involving weapons of mass destruc-
tion.
SEC. 6. POWERS.
(a) HEARINGS.—The Commission or, at its direction,
any panel or member of the Commission, may, for the pur-
pose of carrying out this Act, hold such hearings, sit and
act at times and places, take testimony, receive evidence,
and administer oaths to the extent that the Commission
or any panel member considers advisable.
(b) INFORMATION.—The Commission may secure di-
rectly from any department or agency of the United States
information that the Commission considers necessary to
enable the Commission to carry out its responsibilities
under this Act.