2 October 1998
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Excerpts from HR105-736.
Report Table of Contents:
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[DOCID: f:hr736.105]
From the House Reports Online via GPO Access
[wais.access.gpo.gov]
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-736
_______________________________________________________________________
STROM THURMOND NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 1999
----------
CONFERENCE REPORT
to accompany
H.R. 3616
September 22, 1998.--Ordered to be printed
[Snip]
TITLE XIV--DOMESTIC PREPAREDNESS FOR DEFENSE AGAINST WEAPONS OF MASS
DESTRUCTION
Sec. 1401. Short title.
Sec. 1402. Domestic preparedness for response to threats of terrorist
use of weapons of mass destruction.
Sec. 1403. Report on domestic emergency preparedness.
Sec. 1404. Threat and risk assessments.
Sec. 1405. Advisory panel to assess domestic response capabilities for
terrorism involving weapons of mass destruction.
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Defense Against Weapons of
Mass Destruction Act of 1998''.
SEC. 1402. DOMESTIC PREPAREDNESS FOR RESPONSE TO THREATS OF TERRORIST
USE OF WEAPONS OF MASS DESTRUCTION.
(a) Enhanced Response Capability.--In light of the
continuing potential for terrorist use of weapons of mass
destruction against the United States and the need to develop a
more fully coordinated response to that threat on the part of
Federal, State, and local agencies, the President shall act to
increase the effectiveness at the Federal, State, and local
level of the domestic emergency preparedness program for
response to terrorist incidents involving weapons of mass
destruction by utilizing the President's existing authorities
to develop an integrated program that builds upon the program
established under the Defense Against Weapons of Mass
Destruction Act of 1996 (title XIV of Public Law 104-201; 110
Stat. 2714; 50 U.S.C. 2301 et seq.).
(b) Report.--Not later than January 31, 1999, the President
shall submit to Congress a report containing information on the
actions taken at the Federal, State, and local level to develop
an integrated program to prevent and respond to terrorist
incidents involving weapons of mass destruction.
SEC. 1403. REPORT ON DOMESTIC EMERGENCY PREPAREDNESS.
Section 1051 of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1889; 31U.S.C.
1113 note) is amended by adding at the end the following new
subsection:
``(c) Annex on Domestic Emergency Preparedness Program.--As
part of the annual report submitted to Congress under
subsection (b), the President shall include an annex which
provides the following information on the domestic emergency
preparedness program for response to terrorist incidents
involving weapons of mass destruction (as established under
section 1402 of the Defense Against Weapons of Mass Destruction
Act of 1998):
``(1) Information on program responsibilities for
each participating Federal department, agency, and
bureau.
``(2) A summary of program activities performed
during the preceding fiscal year for each participating
Federal department, agency, and bureau.
``(3) A summary of program obligations and
expenditures during the preceding fiscal year for each
participating Federal department, agency, and bureau.
``(4) A summary of the program plan and budget for
the current fiscal year for each participating Federal
department, agency, and bureau.
``(5) The program budget request for the following
fiscal year for each participating Federal department,
agency, and bureau.
``(6) Recommendations for improving Federal, State,
and local domestic emergency preparedness to respond to
incidents involving weapons of mass destruction that
have been made by the advisory panel to assess the
capabilities of domestic response to terrorism
involving weapons of mass destruction (as established
under section 1405 of the Defense Against Weapons of
Mass Destruction Act of 1998), and actions taken as a
result of such recommendations.
``(7) Additional program measures and legislative
authority for which congressional action may be
required.''.
SEC. 1404. THREAT AND RISK ASSESSMENTS.
(a) Requirement To Develop Methodologies.-- The Attorney
General, in consultation with the Director of the Federal
Bureau of Investigation and representatives of appropriate
Federal, State, and local agencies, shall develop and test
methodologies for assessing the threat and risk of terrorist
employment of weapons of mass destruction against cities and
other local areas. The results of the tests may be used to
determine the training and equipment requirements under the
program developed under section 1402. The methodologies
required by this subsection shall be developed using cities or
local areas selected by the Attorney General, acting in
consultation with the Director of the Federal Bureau of
Investigation and appropriate representatives of Federal,
State, and local agencies.
(b) Required Completion Date.--The requirements in
subsection (a) shall be completed not later than one year after
the date of the enactment of this Act.
SEC. 1405. ADVISORY PANEL TO ASSESS DOMESTIC RESPONSE CAPABILITIES FOR
TERRORISM INVOLVING WEAPONS OF MASS DESTRUCTION.
(a) Requirement for Panel.--The Secretary of Defense, in
consultation with the Attorney General, the Secretary of
Energy, the Secretary of Health and Human Services, and the
Director of the Federal Emergency Management Agency, shall
enter into a contract with a federally funded research and
development center to establish a panel to assess the
capabilities for domestic response to terrorism involving
weapons of mass destruction.
(b) Composition of Panel; Selection.--(1) The panel shall
be composed of members who shall be private citizens of the
United States with knowledge and expertise in emergency
response matters.
(2) Members of the panel shall be selected by the federally
funded research and development center in accordance with the
terms of the contract established pursuant to subsection (a).
(c) Procedures For Panel.--The federally funded research
and development center shall be responsible for
establishingappropriate procedures for the panel, including procedures
for selection of a panel chairman.
(d) Duties of Panel.-- The panel shall--
(1) assess Federal agency efforts to enhance
domestic preparedness for incidents involving weapons
of mass destruction;
(2) assess the progress of Federal training
programs for local emergency responses to incidents
involving weapons of mass destruction;
(3) assess deficiencies in programs for response to
incidents involving weapons of mass destruction,
including a review of unfunded communications,
equipment, and planning requirements, and the needs of
maritime regions;
(4) recommend strategies for ensuring effective
coordination with respect to Federal agency weapons of
mass destruction response efforts, and for ensuring
fully effective local response capabilities for weapons
of mass destruction incidents; and
(5) assess the appropriate roles of State and local
government in funding effective local response
capabilities.
(e) Deadline to Enter Into Contract.--The Secretary of
Defense shall enter into the contract required under subsection
(a) not later than 60 days after the date of the enactment of
this Act.
(f) Deadline for Selection of Panel Members.--Selection of
panel members shall be made not later than 30 days after the
date on which the Secretary enters into the contract required
by subsection (a).
(g) Initial Meeting of the Panel.-- The panel shall conduct
its first meeting not later than 30 days after the date that
all the selections to the panel have been made.
(h) Reports.--(1) Not later than 6 months after the date of
the first meeting of the panel, the panel shall submit to the
President and to Congress an initial report setting forth its
findings, conclusions, and recommendations for improving
Federal, State, and local domestic emergency preparedness to
respond to incidents involving weapons of mass destruction.
(2) Not later than December 15 of each year, beginning in
1999 and ending in 2001, the panel shall submit to the
President and to the Congress a report setting forth its
findings, conclusions, and recommendations for improving
Federal, State, and local domestic emergency preparedness to
respond to incidents involving weapons of mass destruction.
(i) Cooperation of Other Agencies.--(1) The panel may
secure directly from the Department of Defense, the Department
of Energy, the Department of Health and Human Services, the
Department of Justice, and the Federal Emergency Management
Agency, or any other Federal department or agency information
that the panel considers necessary for the panel to carry out
its duties.
(2) The Attorney General, the Secretary of Defense, the
Secretary of Energy, the Secretary of Health and Human
Services, the Director of the Federal Emergency Management
Agency, and any other official of the United States shall
provide the panel with full and timely cooperation in carrying
out its duties under this section.
(j) Funding.--The Secretary of Defense shall provide the
funds necessary for the panel to carry out its duties from the
funds available to the Department of Defense for weapons of
mass destruction preparedness initiatives.
(k) Compensation of Panel Members.--(1) Members of the
panel shall serve without pay by reason of their work on the
panel.
(2) Members of the panel shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter 57 of title 5,
United States Code, while away from their homes or regular
place of business in performance of services for the panel.
(l) Termination of the Panel.--The panel shall terminate
three years after the date of the appointment of the member
selected as chairman of the panel.
(m) Definition.--In this section, the term ``weapon of mass
destruction'' has the meaning given that term in section
1403(1) of the Defense Against Weapons of Mass Destruction Act
of 1996 (50 U.S.C. 2302(1)).
[Snip]
Domestic emergency response program
The budget request included $246.2 million for key
Department of Defense programs to counter paramilitary and
terrorist threats involving weapons of mass destruction,
including $99.1 million for the domestic emergency response
preparedness program as follows: $49.9 million for the
Department of Defense to prepare and enhance Federal, state and
local response capabilities to terrorist incidents involving
weapons of mass destruction (WMD), and $49.2 million for the
Department of the Army for the Reserve Components'
participation in domestic emergency preparedness and response
to the terrorist use of weapons of mass destruction.
The House bill would authorize a decrease of $28.5
million for the Reserve Components' participation in WMD
domestic preparedness, including $14.6 million for military
personnel, $7.0 million for operation and maintenance, and $6.9
million for the procurement of contamination avoidance
equipment.
The Senate amendment would authorize the budget request
for domestic emergency preparedness for the Department of
Defense and the Department of the Army. In addition, the Senate
would recommend the transfer of the mission, function and
resources for the Defense domestic emergency preparedness
program to the Defense Threat Reduction Agency (DTRA).
The conferees agree to authorize the budget request for
countering paramilitary and terrorist WMD threats and for the
DOD andthe Department of the Army for the WMD domestic
emergency response program. Authorization of Reserve Components'
participation in WMD domestic emergency preparedness and response is
discussed in Title V of this report. Additionally, specific adjustments
to program elements for countering paramilitary and terrorist WMD
threats are discussed elsewhere in the report on the individual
projects which are included in the program.
The conferees are aware that a National Coordinator has
been appointed by the President, pursuant to the direction
contained in the National Defense Authorization Act for Fiscal
Year 1997 (Public Law 104-201), whose responsibilities shall
include operational oversight of the Federal government's
security and counterterrorism efforts, to include domestic
emergency preparedness and response to the terrorist use of
WMD. The conferees have included a provision in Title XIV of
this report that would require the President to increase the
effectiveness of the domestic emergency preparedness program
and to submit a report to Congress by January 31, 1999
outlining the actions taken to increase the effectiveness of
the program. In addition, the conferees direct that the report
submitted by the President on January 31, 1999 include
information on the efforts to meet the challenge of limiting
the damage and manage the consequences of the terrorist use of
WMD, as outlined in Presidential Decision Directive (PDD) 62.
The conferees understand that the intent of PDD 62 is to create
a new and more systematic approach to fighting the threat of
the terrorist use of WMD. The report should outline the role
and obligations of the National Coordinator in overseeing the
relevant policies and programs in the U.S. Government, the
responsibility of the National Coordinator to the Congress,
implementation of recommendations on budgets for counter-
terrorism programs and the coordination and development of
guidelines necessary for crisis management. The conferees
request that the President's report identify requirements for
any additional fiscal year 1999 funds that may be required to
implement actions taken to increase the effectiveness of the
domestic emergency response program.
The conferees endorse the direction contained in the
Senate report (S. Rept. 105-189) requiring the Secretary of
Defense to report to the congressional defense committees on
the use of the DOD stockpile of vaccines, medical supplies and
protective gear in a domestic WMD emergency, and the
availability of vaccines, antiserums and antidotes in other
Federal entities that could also be used. In addition, the
President's report to Congress should discuss the advisability
of establishing regional stockpiles of both emergency
protective gear and vaccines that could be available for
emergency use by Federal, state and local responders in the
event of a terrorist event using WMD.
[Snip]
Title XIV--Domestic Preparedness for Defense Against Weapons of Mass
Destruction
Legislative Provisions Adopted
Defense against weapons of mass destruction (secs. 1401-1405)
The Department of Defense forwarded with its fiscal year
1999 budget request a number of legislative provisions to
expand the ability of the Department of Defense to respond to
domestic terrorist activity and the potential use by terrorists
of weapons of mass destruction on U.S. territory.
The House bill contained a series of provisions (Title
XIV) that would express the findings of Congress regarding the
threat of terrorist use of weapons of mass destruction and the
need to enhance domestic preparedness to respond to such
incidents (sec. 1402), would direct the President to increase
the effectiveness of the domestic emergency preparedness
program and to report by January 31, 1999, the actions taken to
develop an integrated program for such response (sec. 1411),
would provide for an annual report on the program and
recommendations for its improvement (sec. 1412); and would
require the assessment of the threat and risk of terrorist
employment of weapons of mass destruction against cities and
other local areas (sec. 1413). The House bill would also
establish an Advisory Commission to Assess Domestic Response
Capabilities for Terrorism Involving Weapons of Mass
Destruction to provide recommendations to the President and the
Congress for improvements in Federal, State, and local domestic
emergency preparedness (secs. 1421-1429).
The Senate amendment contained no similar provisions.
The conferees agree that there is a need to improve
domestic emergency preparedness to respond to the threat of
terrorist use of weapons of mass destruction in the United
States. The conferees are also aware that nearly 40 Federal
departments and agencies are involved in combating terrorism
(including the Departments of Justice, Defense, Energy, Health
and Human Services, and the Federal Emergency Management
Agency), and are concerned that the efforts of the
Federalgovernment to enhance domestic preparedness to respond to an
incident involving weapons of mass destruction are hampered by
incomplete interagency coordination and by the overlapping
jurisdictions and missions of the various Federal departments and
agencies. As a consequence, the conferees are concerned that state and
local emergency response agencies are often presented with different
and/or competing requirements and program priorities from the
responsible Federal agencies.
The conferees are also aware of the actions taken by the
President in Presidential Decision Directive 62, pursuant to
direction contained in section 1441 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201), to
establish the office of the National Coordinator for Security,
Infrastructure Protection and Counter-Terrorism to oversee
policies and programs in these areas. However, the conferees
are not aware of specific actions that have been taken to
insure an integrated, interagency program for improving
domestic emergency response to the potential terrorist threat.
The conferees are concerned that the Congress is not being kept
adequately informed of the activities of the National
Coordinator and the status of efforts undertaken to implement
the responsibilities of the Office, pursuant to direction
contained within section 1442 of the National Defense
Authorization Act for Fiscal Year 1997. The conferees direct
the National Coordinator to provide the congressional defense
committees with a report by March 1, 1999 on the status of
activities and efforts undertaken to coordinate policy and
countermeasures against the proliferation of weapons of mass
destruction.
The conferees agree to provisions that would require the
President (sec. 1411) to increase the effectiveness of the
domestic emergency preparedness program at the Federal, State,
and local levels by establishing an integrated program built
upon the program established under the Defense Against Weapons
of Mass Destruction Act of 1996, and to submit a report to
Congress by January 31, 1999 that outlines the actions taken in
this regard. The conferees also agree to a provision (sec.
1412) that would amend the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85) to include an annex to
the report on oversight of counterterrorism and antiterrorism
activities of the Federal government, submitted by the Director
of the Office of Management and Budget, that would include
information on the Federal government domestic emergency
response program, and any recommendations for improving
Federal, state and local domestic emergency response.
Further, the conferees agree to a provision (sec. 1413)
that would require the Attorney General, in consultation with
the Director of the Federal Bureau of Investigation and
representatives of other Federal agencies and departments, and
state and local agencies, to develop and test methodologies for
assessing the threat and risk of terrorist employment of
weapons of mass destruction against cities and local areas.
Information from such assessments could be used to help
determine the training and equipment requirements necessary for
an effective domestic emergency response program.
Finally, the conferees agree to a provision (sec. 1421)
that would require the Secretary of Defense, in consultation
with the Attorney General, the Secretary of Energy, the
Secretary of Health and Human Services, and the Director of the
Federal Emergency Management Agency to enter into a contract
with a federally funded research and development center to
establish a panel to assess the capabilities for domestic
response to terrorism involving weapons of mass destruction and
to report to the President and the Congress recommendations for
improvements in Federal, state, and local domestic emergency
preparedness for such response. The conferees emphasize the
guidance in the provision that the membership of the panel be
drawn from private citizens with knowledge and expertise in
emergency response matters, and direct that the recommendations
of the local emergency response community be sought in the
selection of the members of the panel.
Elsewhere in this Act, the conferees have included a
provision (sec. 511) that would provide expanded authority for
use of the Reserve Components to respond to domestic
emergencies involving the use of weapons of mass destruction.