text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Defend America Against Weapons of 
  Mass Destruction Act of 1996''.
  
  SEC. 2. FINDINGS AND DEFINITION.
  
      (a) Findings.--Congress makes the following findings:
              (1) Although the United States possesses the technological 
          means to develop and deploy defensive systems that would be 
          highly effective in countering limited ballistic missile 
          threats to its territory, its ability to detect and intercept 
          weapons of mass destruction delivered by unconventional means 
          is limited.
              (2) It is axiomatic that the incentive for the 
          unconventional delivery of weapons of mass destruction will 
          increase in direct proportion to the perceived effectiveness of 
          theater missile and other regular military defense systems.
              (3) The target of weapons of mass destruction may not be 
          military in the usual sense of the term and, as such, the 
          threat that is posed to the citizens of the United States by 
          chemical and biological weapons delivered by nonconventional 
          means is significant and growing.
              (4) Several countries that are hostile to the United 
          States, including Iraq, Libya, and Iran, have demonstrated an 
          interest in acquiring the technology necessary to manufacture 
          weapons of mass destruction.
              (5) In addition, 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, and states can transfer weapons to or otherwise aid 
          such movements indirectly and with plausible deniability.
              (6) Covert or unconventional means of delivery, which may 
          be preferable to both States and non-State organizations, 
          include cargo ships, passenger aircraft, commercial and private 
          vehicles and vessels, or commercial cargo shipments routed 
          through multiple destinations.
              (7) Traditional arms control efforts assume large state 
          efforts with detectable manufacturing and weaponization 
          programs in peacetime but are ineffective in monitoring and 
          controlling the development of a capability to manufacture 
          suddenly chemical, biological, or nuclear weapons with little 
          or no warning and with nothing but commercial supplies and 
          equipment. Such efforts are also incapable of predicting and 
          tracking transfers of capabilities relating to weapons of mass 
          destruction.
              (8) Because of the dire consequences to the citizens of the 
          United States posed by weapons of mass destruction, and because 
          traditional arms control efforts are inadequate, it is prudent 
          to commence a coordinated effort among local, State, and 
          Federal emergency response organizations to develop 
  technologies and capabilities to detect and intercept weapons of mass 
  destruction, to equip and protect those emergency response 
  organizations who are first on the scene, and, where necessary, to 
  decontaminate areas where such weapons are manufactured or detonated.
              (9) Congress has repeatedly expressed concern about the use 
          of weapons of mass destruction, stating in November 1993 (in 
          section 1704 of the National Defense Authorization Act For 
          Fiscal Year 1994 (Public Law 103-160; 50 U.S.C. 1522 note)) 
          that ``the President should strengthen Federal interagency 
          emergency planning by the Federal Emergency Management Agency 
          and other appropriate Federal, State, and local agencies for 
          development of a capability for early detection and warning of 
          and response to--
              ``(1) potential terrorist use of chemical or biological 
          agents or weapons; and
              ``(2) emergencies or natural disasters involving industrial 
          chemicals or the widespread outbreak of disease.''.
      (b) Weapons of Mass Destruction Defined.--For purposes of this Act, 
  the term ``weapons of mass destruction'' means chemical, biological, 
  and nuclear weapons (whether militarized or improvised) that are 
  designed to spread their contents through explosions or other 
  dissemination means.
  
  SEC. 3. DEPARTMENT OF DEFENSE RESEARCH AND DEVELOPMENT PROGRAM.
  
      (a) In General.--Chapter 139 of title 10, United States Code, is 
  amended by adding at the end the following new section:
  ``Sec. 2375. Weapons of mass destruction: threat from attack by 
                unconventional means
      ``(a) Establishment of Program.--The Secretary of Defense shall 
  carry out a research and development program to enhance the 
  capabilities of the United States relating to the threat to the United 
  States of an attack inside the United States by unconventional means 
  involving weapons of mass destruction. In carrying out such program, 
  the Secretary shall take into consideration relevant assessments and 
  recommendations of any interagency task force or committee.
      ``(b) Activities To Be Included in the Program.--The activities to 
  be carried out by the Secretary under the program shall include the 
  following:
              ``(1) Research, development, test, and evaluation of 
          technologies relating to any of the following:
                      ``(A) Detection of chemical, biological, and 
                  nuclear weapons.
                      ``(B) Interception of such weapons.
                      ``(C) Protection against such weapons.
                      ``(D) Assistance to other Federal departments and 
                  agencies and State and local agencies in responding to 
                  an attack made using such weapons, including casualty 
                  treatment.
                      ``(E) Decontamination of areas affected by an 
                  attack using such weapons.
              ``(2) Training of personnel for the activities specified in 
          subparagraphs (A) through (E) of paragraph (1).
              ``(3) Identification of Federal equipment and technologies 
          that can be transferred, and training that can be provided, 
          from one Federal agency to another agency or to State and local 
          agencies consistent with the purposes of the program under this 
          section.
      ``(c) Consultation With State and Local Authorities.--In carrying 
  out the program under this section, the Secretary shall consult 
  regularly with, and shall seek the views of, representatives of--
              ``(1) State and local government law enforcement 
          authorities; and
              ``(2) State and local government emergency planning 
          authorities.''.
      (b) Clerical Amendment.--The table of sections at the beginning of 
  such chapter is amended by adding at the end the following new item:
  
  ``2375. Weapons of mass destruction: threat from attack by 
                              unconventional means.''.
  
  SEC. 4. PRE-EVENT PLANNING ASSISTANCE UNDER STAFFORD ACT.
  
      Section 201(b) of the Robert T. Stafford Disaster Relief and 
  Emergency Assistance Act (42 U.S.C. 5131(b)) is amended by adding at 
  the end the following new sentence: ``In the case of preparation by the 
  States against major disasters involving weapons of mass destruction 
  (as defined in section 2(b) of the Defend America Against Weapons of 
  Mass Destruction Act of 1996), technical assistance under the preceding 
  sentence in developing comprehensive plans and practicable programs for 
  preparation against such disasters may be provided through any 
  department or agency of the United States designated by the President 
  for such purpose.''.
  
  SEC. 5. REPORT TO CONGRESS.
  
      Not later than one year after the date of the enactment of this 
  Act, the President shall submit to Congress a report describing the 
  actions taken, and planned to be taken, to carry out section 2375 of 
  title 10, United States Code, as added by section 3, and the sentence 
  in section 201(b) of the Robert T. Stafford Disaster Relief and 
  Emergency Assistance Act added by section 4. The report shall include a 
  statement of the costs of such actions.
target: Defend America Against Weapons of Mass Destruction Act of 1996 - Amends Federal law to direct the Secretary of Defense to carry out a research and development program to enhance U.S. capabilities relating to the threat of an attack inside the United States by unconventional means involving weapons of mass destruction. 
  Specifies that the activities to be carried out by the Secretary under the program shall include:  (1) research, development, test, and evaluation of technologies relating to detection of chemical, biological, and nuclear weapons, interception of and protection against such weapons, assistance to other Federal departments and agencies and State and local agencies in responding to an attack, including casualty treatment, and decontamination of areas affected by an attack; (2) training of personnel for such activities; and (3) identification of Federal equipment and technologies that can be transferred, and training that can be provided, from one Federal agency to another or to State and local agencies consistent with the purposes of the program. 
  Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize Federal technical assistance to the States in developing comprehensive plans and practicable programs for preparation against major disasters involving weapons of mass destruction. 
  Sets forth reporting requirements.
feat_title: Defend America Against Weapons of Mass Destruction Act of 1996