
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[1087(d)(7)]]
[Document affected by Public Law 107-107 Section 1514(a),]
[Document affected by Public Law 106-398 Section 1[1401-1409]]
[Document affected by Public Law 106-398 Section 1[1401-1409]]
[Document affected by Public Law 106-398 Section 1[1401-1409]]
[Document affected by Public Law 106-398 Section 1[1401-1409]]
[Document affected by Public Law 107-107 Section 1514(b)(2)]
[CITE: 50USC2301]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
         CHAPTER 40--DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
 
Sec. 2301. 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 readily 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 
    potentially 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 plausible 
    deniability.
        (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 chemical 
    weapons delivered by unconventional means is significant and 
    growing.
        (14) Mass terror may result from terrorist incidents involving 
    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 problems 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 for 
    emergencies involving nuclear, radiological, biological, or chemical 
    weapons or related materials.
        (25) Sharing of the expertise and capabilities of the Department 
    of Defense, which traditionally has provided assistance to Federal, 
    State, and local officials in neutralizing, dismantling, and 
    disposing of explosive ordnance, as well as radiological, 
    biological, and chemical materials, can be a vital contribution to 
    the development and deployment of countermeasures 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.

(Pub. L. 104-201, div. A, title XIV, Sec. 1402, Sept. 23, 1996, 110 
Stat. 2715.)


                      Short Title of 1996 Amendment

    Pub. L. 104-293, title VII, Sec. 701, Oct. 11, 1996, 110 Stat. 3470, 
provided that: ``This title [enacting section 2366 of this title and 
provisions set out as a note under section 2351 of this title] may be 
cited as the `Combatting Proliferation of Weapons of Mass Destruction 
Act of 1996'.''


                               Short Title

    Section 1401 of title XIV of div. A of Pub. L. 104-201 provided 
that: ``This title [enacting this chapter, section 382 of Title 10, 
Armed Forces, and sections 175a and 2332d of Title 18, Crimes and 
Criminal Procedure, amending section 1705 of this title, section 372 of 
Title 10, and provisions set out as a note under section 5955 of Title 
22, Foreign Relations and Intercourse] may be cited as the `Defense 
Against Weapons of Mass Destruction Act of 1996'.''


  Domestic Preparedness for Defense Against Weapons of Mass Destruction

    Pub. L. 105-261, div. A, title XIV, Oct. 17, 1998, 112 Stat. 2167, 
as amended by Pub. L. 106-65, div. A, title X, Sec. 1064, Oct. 5, 1999, 
113 Stat. 769, provided that:
``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.
    ``[Amended section 1051 of Pub. L. 105-85, set out as a note under 
section 1113 of Title 31, Money and Finance.]
``SEC. 1404. THREAT AND RISK ASSESSMENTS.
    ``(a) Threat and Risk Assessments.--Assistance to Federal, State, 
and local agencies provided under the program under section 1402 shall 
include the performance of assessments of the threat and risk of 
terrorist employment of weapons of mass destruction against cities and 
other local areas. Such assessments shall be used by Federal, State, and 
local agencies to determine the training and equipment requirements 
under this program and shall be performed as a collaborative effort with 
State and local agencies.
    ``(b) Conduct of Assessments.--The Department of Justice, as lead 
Federal agency for domestic crisis management in response to terrorism 
involving weapons of mass destruction, shall--
        ``(1) conduct any threat and risk assessment performed under 
    subsection (a) in coordination with appropriate Federal, State, and 
    local agencies; and
        ``(2) develop procedures and guidance for conduct of the threat 
    and risk assessment in consultation with officials from the 
    intelligence community.
``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 establishing appropriate 
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 [Oct. 17, 
1998].
    ``(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 [chapter] 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)).''
