Defense Against Weapons of Mass Destruction Act of 1996

TABLE OF CONTENTS:

Title I: Domestic Preparedness

Title II: Interdiction of Weapons of Mass Destruction and

Related Materials

Title III: Control and Disposition of Weapons of Mass

Destruction and Related Materials Threatening the United

States

Title IV: Coordination of Policy and Countermeasures Against

Proliferation of Weapons of Mass Destruction

Title V: Miscellaneous

Defense Against Weapons of Mass Destruction Act of 1996 - Title I: Domestic Preparedness - Directs the Secretary of Defense (Secretary) to carry out a civilian training program regarding emergency responses to a use or threatened use of a weapon of mass destruction (WMD) or related materials. Authorizes the President to designate another agency head to assume responsibility for such program on or after October 1, 1999. Provides funding and earmarks a specified amount of such funds to assist the U.S. Surgeon General in the establishment of metropolitan emergency medical response teams.

(Sec. 102) Directs the Secretary and the Secretary of Energy to designate a department official to coordinate assistance to Federal, State, and local officials in response to threats involving biological, chemical, or nuclear weapons or related materials or technologies.

(Sec. 103) Authorizes the Secretary, upon request of the Attorney General, to provide assistance in support of Department of Justice activities during an emergency situation involving a biological or chemical WMD. Directs the President to take reasonable measures to reduce the reliance of civilian law enforcement officials on Department of Defense (DOD) resources to counter the threat posed by the use or potential use of biological and chemical WMDs within the United States. Requires reports from the President to the Congress on the policy functions and operational roles of Federal agencies in countering such a threat.

(Sec. 104) Directs the Secretary to develop and carry out a program for testing and improving the response of Federal, State, and local agencies to emergencies involving biological and chemical weapons and related materials. Directs the Secretary of Energy to develop and carry out an identical program with respect to nuclear and radiological weapons and related materials.

Title II: Interdiction of Weapons of Mass Destruction and Related Materials - Earmarks funds for the procurement of equipment capable of detecting and interdicting the movement of WMDs and related materials into the United States. Authorizes the Secretary to make such equipment available to the Commissioner of Customs for such use.

(Sec. 202) Directs the Secretary to be the lead Government official for coordinating the Federal research and development (R&D) on technical means for detecting the presence, or illegal transportation, production, or use, of materials and technologies that may be used to make a biological or chemical weapon as well as materials and technologies that are suitable for use in making such a weapon. Directs the Secretary of Energy to be the lead official in the same capacity with respect to nuclear or radiological weapons and related materials and technologies. Requires specified consultation. Provides funding for each R&D program.

(Sec. 203) Amends the International Emergency Economic Powers Act to state that the President does not have the power to investigate, regulate, or prohibit the attempted importation from any country, or exportation, of: (1) property in which any foreign country or national has an interest; or (2) specified information or informational materials.

(Sec. 204) Urges the United States Sentencing Commission to increase the penalties for offenses relating to the importation and exportation of nuclear, biological, or chemical weapons or related materials or technologies.

(Sec. 205) Directs the Secretary to carry out programs for assisting customs and border guard officials in the independent states of the former Soviet Union, the Baltic states, and other Eastern European countries in preventing the unauthorized transfer and transportation of nuclear, biological, and chemical weapons and related materials. Provides funding.

Title III: Control and Disposition of Weapons of Mass Destruction and Related Materials Threatening the United States - Authorizes the Secretary of Energy to provide assistance for securing from theft or other unauthorized disposition nuclear materials that are located at any site within the former Soviet Union where effective security controls are not in place. Authorizes the Secretary to provide specified assistance under the DOD Cooperative Threat Reduction (CTR) Program for securing from theft or other unauthorized disposition, or for destroying, nuclear, radiological, biological, or chemical weapons that are located within the former Soviet Union and are not secure. Provides funding for each program.

(Sec. 302) Earmarks funds for cooperative activities with Russia for the development of nuclear weapons dismantlement, conversion, and verification technology. Amends the National Defense Authorization Act for Fiscal Year 1996 to include the elimination, and safe transportation and storage, of fissile materials suitable for use in nuclear weapons as an authorized purpose under the CTR program.

(Sec. 303) Directs the Secretary to develop a cooperative program with Russia to eliminate the production of weapons grade plutonium through the replacement of certain reactors.

(Sec. 304) Directs the Secretary of Energy to expand the Industrial Partnership Program of the Department of Energy (DOE) to include coverage of all of the independent states of the former Soviet Union. Directs the Secretary of Defense to establish a program to support the dismantlement, or conversion to nondefense purposes, of the biological and chemical weapons facilities in such states. Provides funding.

(Sec. 305) Authorizes the Secretary of Energy to expand the DOE Lab-to-Lab program to improve the safety and security of nuclear materials in those states of the former Soviet Union where such program is not currently being carried out. Provides funding.

(Sec. 306) Makes the Secretary of Energy responsible for carrying out U.S. cooperative activities with Russia on improving the security of highly enriched uranium used for propulsion of Russian military and civilian ships.

(Sec. 307) Earmarks funds for expanding military-to-military programs of the United States that focus on countering the threats of proliferation of WMDs so as to include the security forces of independent states of the former Soviet Union.

(Sec. 308) Provides funds transfer authority for the Secretary and the Secretary of Energy with respect to programs authorized under title I.

Title IV: Coordination of Policy and Countermeasures Against Proliferation of Weapons of Mass Destruction - Directs the President to designate an individual in the Executive Office of the President to serve as the National Coordinator for Nonproliferation Matters. Requires the senior directors of the National Security Council (NSC) to report to the Coordinator regarding specified nonproliferation matters. Earmarks funds for nonproliferation research efforts.

(Sec. 402) Establishes within the NSC the Committee on Nonproliferation to review and coordinate, and make recommendations to the President regarding, Federal programs, policies, and directives relating to the proliferation of WMDs and related materials and technologies, including matters relating to terrorism and international organized crime.

(Sec. 403) Directs the President to develop, and report to the Congress on, a comprehensive program for carrying out this Act.

(Sec. 404) Provides that, after September 30, 1999, the President: (1) is not required to maintain a Coordinator; and (2) may terminate the Committee.

Title V: Miscellaneous - Expresses the sense of the Congress that the Secretaries of Defense, Energy, the Treasury, and State should contract directly with suppliers in the independent states of the former Soviet Union to facilitate the purchase of goods and services necessary to carry out programs for the control and disposition of WMDs and related materials threatening the United States.

(Sec. 502) Allows funds authorized under a prior-year defense authorization Act for CTR programs to be used for any such purposes without regard to program allocation requirements set forth in such Act.

(Sec. 503) Authorizes assistance from CTR and other programs to additional states of the former Soviet Union other than Russia, Ukraine, Kazakstan, and Belarus, as long as the President certifies to the Congress that it is in the U.S. national security interest to do so.

(Sec. 504) Expresses the sense of the Congress that U.S. allies and other nations should participate in efforts to ensure that stockpiles of weapons-grade nuclear material are reduced. Urges the Secretary of State to encourage other countries to purchase low-enriched uranium that is derived from highly-enriched uranium extracted from Russian nuclear weapons.

(Sec. 505) Expresses the sense of the Congress that the Secretaries of Defense, Energy, the Treasury, and State should purchase, package, and transport to secure locations weapons-grade nuclear materials from a stockpile when there is a significant risk of the theft of such materials.

(Sec. 506) Reduces by: (1) $150 million the total amount authorized to be appropriated to the Navy for FY 1997 for research, development, test, and evaluation; and (2) $85 million the amount authorized to be appropriated to DOE for FY 1997 for national defense programs.