[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3764 Introduced in House (IH)]







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 Pennsylvania, 
 Mr. McNulty, Mr. Fox of Pennsylvania, and Mr. Castle) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           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 Representatives 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 technologies, and such 
        weapons are increasingly available to a variety of sources 
        through legitimate and illegitimate means.
            (2) The proliferation of weapons of mass destruction is 
        growing, and will likely continue despite the best efforts of 
        the international community to limit their flow.
            (3) The increased availability, relative affordability, and 
        ease of use of weapons of mass destruction may make the use of 
        such weapons an increasingly attractive option to potential 
        adversaries who are not otherwise capable of countering United 
        States military superiority.
            (4) On November 12, 1997, President Clinton issued an 
        Executive Order stating that ``the proliferation of nuclear, 
        biological, and chemical weapons (``weapons of mass 
        destruction'') and the means of delivering such weapons 
        constitutes an unusual and extraordinary threat to the national 
        security, foreign policy, and economy of the United States'' 
        and declaring a national emergency to deal with that threat.
            (5) The Quadrennial Defense Review concluded that the 
        threat or use of weapons of mass destruction is a likely 
        condition of future warfare and poses a potential threat to the 
        United States.
            (6) The United States lacks adequate preparedness at the 
        Federal, State, and local levels to respond to a potential 
        attack on the United States involving 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 terrorist incident involving weapons of mass 
        destruction.
            (8) More than 40 Federal departments, agencies, and bureaus 
        are involved in combating terrorism, and many, including the 
        Department of Defense, 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 incidents 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 involving chemical or biological weapons of mass 
        destruction.
            (10) The Department of Energy has established a Nuclear 
        Emergency Response Team which is available to respond to 
        incidents involving nuclear or radiological emergencies.
            (11) The Department of Defense has begun to implement a 
        program to train local emergency responders 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 exercises to enhance local 
        emergency response to incidents involving weapons of mass 
        destruction, and may be establishing a National Center for 
        Domestic Preparedness.
            (13) Federal agency initiatives to enhance domestic 
        preparedness to respond to an incident involving weapons of 
        mass destruction are hampered by incomplete interagency 
        coordination and overlapping 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 responders, which 
                often use different radio systems and operate on 
                different radio frequencies;
                    (B) adequate equipment necessary for response to an 
                incident involving weapons of mass destruction, and a 
                means to ensure that financially 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 Capabilities''.
    (b) Composition.--The Commission shall be composed 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 conduct 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 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 training programs for responses 
        to incidents involving weapons of mass destruction, including a 
        review of unfunded communications, 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 ensuring 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 Commission shall submit a report 
to Congress on its findings under section 4 and recommendations for 
improving Federal, State, and local domestic emergency preparedness to 
respond to incidents involving weapons of mass destruction.

SEC. 6. POWERS.

    (a) Hearings.--The Commission or, at its direction, any panel or 
member of the Commission, may, for the purpose 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 directly 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.

SEC. 7. COMMISSION PROCEDURES.

    (a) Meetings.--The Commission shall meet at the call of a majority 
of the members.
    (b) Quorum.--Eight members of the Commission shall constitute a 
quorum other than for the purpose of holding hearings.
    (c) Commission.--The Commission may establish panels composed of 
less than full membership of the Commission for the purpose of carrying 
out the Commission's duties. The actions of each such panel shall be 
subject to the review and control of the Commission. Any findings and 
determinations made by such panel shall not be considered the findings 
and determinations of the Commission unless approved by the Commission.
    (d) Authority of Individuals To Act for Commission.--Any member or 
agent of the Commission may, if authorized by the Commission, take any 
action which the Commission is authorized to take by this Act.

SEC. 8. PERSONNEL MATTERS.

    (a) Pay of Members.--Members of the Commission shall serve without 
pay by reason of their work on the Commission.
    (b) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
Commission.
    (c) Staff.--(1) The Commission may, without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, appoint a staff director and such additional 
personnel as may be necessary to enable the Commission to perform its 
duties.
    (2) The Commission may fix the pay of the staff director and other 
personnel without regard to the provisions of chapter 51 and subchapter 
III of chapter 53 of title 5, United States Code, relating to 
classification of positions and General Schedule pay rates, except that 
the rate of pay fixed under this paragraph for the staff director may 
not exceed the rate payable for level V of the Executive Schedule under 
section 5316 of such title and the rate of pay for other personnel may 
not exceed the maximum rate payable for grade GS-15 of the General 
Schedule.
    (d) Detail of Government Employees.--Upon request of the 
Commission, the head of any Federal department or agency may detail, on 
a nonreimbursable basis, any personnel of that department or agency to 
the Commission to assist it in carrying out its duties.
    (e) Procurement of Temporary and Intermittent Services.--The 
Commission may procure temporary and intermittent services under 
section 3109(b) of title 5, United States Code, at rates for 
individuals which do not exceed the daily equivalent of the annual rate 
of pay payable for level V of the Executive Schedule under section 5316 
of such title.

SEC. 9. MISCELLANEOUS ADMINISTRATIVE PROVISIONS.

    (a) Postal and Printing Services.--The Commission may use the 
United States mails and obtain printing and binding services in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (b) Miscellaneous Administrative and Support Services.--Upon the 
request of the Commission, the Administrator of General Services shall 
provide to the Commission, on a reimbursable basis, the administrative 
support services necessary for the Commission to carry out its duties 
under this Act.
    (c) Experts and Consultants.--The Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code.

SEC. 10. TERMINATION OF COMMISSION.

    The Commission shall terminate not later than 60 days after the 
date that the Commission submits its report under section 5.
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