USC Subchapter I

in effect

50 U.S.C. § 2311 Response to threats of terrorist use of weapons of mass destruction

(a) Enhanced response capabilityIn light of the potential for terrorist use of weapons of mass destruction against the United States, the President shall take immediate action—(1) to enhance the capability of the Federal Government to prevent and respond to terrorist incidents involving weapons of mass destruction; and (2) to provide enhanced support to improve the capabilities of State and local emergency response agencies to prevent and respond to such incidents at both the national and the local level. (b) Report requiredNot later than January 31, 1997, the President shall transmit to Congress a report containing—(1) an assessment of the capabilities of the Federal Government to prevent and respond to terrorist incidents involving weapons of mass destruction and to support State and local prevention and response efforts; (2) requirements for improvements in those capabilities; and (3) the measures that should be taken to achieve such improvements, including additional resources and legislative authorities that would be required.

50 U.S.C. § 2313 Nuclear, chemical, and biological emergency response

(a) Department of DefenseThe Assistant Secretary of Defense for Homeland Defense is responsible for the coordination of Department of Defense assistance to Federal, State, and local officials in responding to threats involving nuclear, radiological, biological, chemical weapons, or high-yield explosives or related materials or technologies, including assistance in identifying, neutralizing, dismantling, and disposing of nuclear, radiological, biological, chemical weapons, and high-yield explosives and related materials and technologies. (b) Department of EnergyThe Secretary of Energy shall designate an official within the Department of Energy as the executive agent for—(1) the coordination of Department of Energy assistance to Federal, State, and local officials in responding to threats involving nuclear, chemical, and biological weapons or related materials or technologies, including assistance in identifying, neutralizing, dismantling, and disposing of nuclear weapons and related materials and technologies; and (2) the coordination of Department of Energy assistance to the Department of Defense in carrying out that department’s responsibilities under subsection (a). (c) FundingOf the total amount authorized to be appropriated under section 301,11 See References in Text note below. $15,000,000 is available for providing assistance described in subsection (a).

50 U.S.C. § 2314 Chemical, biological, radiological, nuclear, and high-yield explosives response team

(a) Department of Defense rapid response teamThe Secretary of Defense shall develop and maintain at least one domestic terrorism rapid response team composed of members of the Armed Forces and employees of the Department of Defense who are capable of aiding Federal, State, and local officials in the detection, neutralization, containment, dismantlement, and disposal of weapons of mass destruction containing chemical, biological, radiological, nuclear, and high-yield explosives. (b) Addition to Federal response plansThe Secretary of Homeland Security shall incorporate into the National Response Plan prepared pursuant to section 502(6) 11 See References in Text note below. of the Homeland Security Act of 2002 (6 U.S.C. 312(6)), other existing Federal emergency response plans, and programs prepared under section 5196(b) of title 42 guidance on the use and deployment of the rapid response teams established under this section to respond to emergencies involving weapons of mass destruction. The Secretary of Homeland Security shall carry out this subsection in coordination with the Secretary of Defense and the heads of other Federal agencies involved with the emergency response plans.

50 U.S.C. § 2315 Testing of preparedness for emergencies involving nuclear, radiological, chemical, and biological weapons

(a) Emergencies involving nuclear, radiological, chemical, or biological weapons(1) The Secretary of Homeland Security shall develop and carry out a program for testing and improving the responses of Federal, State, and local agencies to emergencies involving nuclear, radiological, biological, and chemical weapons and related materials. (2) The program shall include exercises to be carried out in accordance with sections 112(c) and 238(c)(1) of title 6. (3) In developing and carrying out the program, the Secretary shall coordinate with the Secretary of Defense, the Director of the Federal Bureau of Investigation, the Secretary of Energy, and the heads of any other Federal, State, and local government agencies that have an expertise or responsibilities relevant to emergencies described in paragraph (1). (b) Annual revisions of programsThe Secretary of Homeland Security shall revise the program developed under subsection (a) not later than June 1 in each fiscal year covered by the program. The revisions shall include adjustments that the Secretary determines necessary or appropriate on the basis of the lessons learned from the exercise or exercises carried out under the program in the fiscal year, including lessons learned regarding coordination problems and equipment deficiencies.

50 U.S.C. § 2316 Actions to increase civilian expertise

(a) to (c) Omitted (d) Civilian expertiseThe President shall take reasonable measures to reduce the reliance of civilian law enforcement officials on Department of Defense resources to counter the threat posed by the use or potential use of biological and chemical weapons of mass destruction within the United States. The measures shall include—(1) actions to increase civilian law enforcement expertise to counter such a threat; and (2) actions to improve coordination between civilian law enforcement officials and other civilian sources of expertise, within and outside the Federal Government, to counter such a threat. (e) ReportsThe President shall submit to Congress the following reports:(1) Not later than 90 days after September 23, 1996, a report describing the respective policy functions and operational roles of Federal agencies in countering the threat posed by the use or potential use of biological and chemical weapons of mass destruction within the United States. (2) Not later than one year after September 23, 1996, a report describing—(A) the actions planned to be taken to carry out subsection (d); and (B) the costs of such actions. (3) Not later than three years after September 23, 1996, a report updating the information provided in the reports submitted pursuant to paragraphs (1) and (2), including the measures taken pursuant to subsection (d).

50 U.S.C. § 2317 Rapid response information system

(a) Inventory of rapid response assets(1) The head of each Federal Response Plan agency shall develop and maintain an inventory of physical equipment and assets under the jurisdiction of that agency that could be made available to aid State and local officials in search and rescue and other disaster management and mitigation efforts associated with an emergency involving weapons of mass destruction. The agency head shall submit a copy of the inventory, and any updates of the inventory, to the Administrator of the Federal Emergency Management Agency for inclusion in the master inventory required under subsection (b). (2) Each inventory shall include a separate listing of any equipment that is excess to the needs of that agency and could be considered for disposal as excess or surplus property for use for response and training with regard to emergencies involving weapons of mass destruction. (b) Master inventoryThe Administrator of the Federal Emergency Management Agency shall compile and maintain a comprehensive listing of all inventories prepared under subsection (a). The first such master list shall be completed not later than December 31, 1997, and shall be updated annually thereafter. (c) Addition to Federal response planNot later than December 31, 1997, the Administrator of the Federal Emergency Management Agency shall develop and incorporate into existing Federal emergency response plans and programs prepared under section 5196(b) of title 42 guidance on accessing and using the physical equipment and assets included in the master list developed under subsection 11 So in original. Probably should be “subsection (b)”. to respond to emergencies involving weapons of mass destruction. (d) Database on chemical and biological materialsThe Administrator of the Federal Emergency Management Agency, in consultation with the Secretary of Defense, shall prepare a database on chemical and biological agents and munitions characteristics and safety precautions for civilian use. The initial design and compilation of the database shall be completed not later than December 31, 1997. (e) Access to inventory and databaseThe Administrator of the Federal Emergency Management Agency shall design and maintain a system to give Federal, State, and local officials access to the inventory listing and database maintained under this section in the event of an emergency involving weapons of mass destruction or to prepare and train to respond to such an emergency. The system shall include a secure but accessible emergency response hotline to access information and request assistance.