I

104TH CONGRESS

2D SESSION H. R. 3729

To provide for the detection and interception of weapons of mass destruction

delivered by unconventional means.

IN THE HOUSE OF REPRESENTATIVES

JUNE 26, 1996

Ms. HARMAN (for herself, Mr. SPRATT, and Mr. TAYLOR of Mississippi) introduced the following bill; which was referred to the Committee on National

Security, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide for the detection and interception of weapons

of mass destruction delivered by unconventional means.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Defend America

5 Against Weapons of Mass Destruction Act of 1996’’.

6 SEC. 2. FINDINGS AND DEFINITION.

7 (a) FINDINGS.—Congress makes the following find8 ings:
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1 (1) Although the United States possesses the

2 technological means to develop and deploy defensive

3 systems that would be highly effective in countering

4 limited ballistic missile threats to its territory, its

5 ability to detect and intercept weapons of mass de6 struction delivered by unconventional means is lim7 ited.

8 (2) It is axiomatic that the incentive for the un9 conventional delivery of weapons of mass destruction

10 will increase in direct proportion to the perceived ef11 fectiveness of theater missile and other regular mili12 tary defense systems.

13 (3) The target of weapons of mass destruction

14 may not be military in the usual sense of the term

15 and, as such, the threat that is posed to the citizens

16 of the United States by chemical and biological

17 weapons delivered by nonconventional means is sig18 nificant and growing.

19 (4) Several countries that are hostile to the

20 United States, including Iraq, Libya, and Iran, have

21 demonstrated an interest in acquiring the technology

22 necessary to manufacture weapons of mass destruc23 tion.

24 (5) In addition, the acquisition or the develop25 ment and use of weapons of mass destruction is well
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1 within the capability of many extremist and terrorist

2 movements, acting independently or as proxies, and

3 states can transfer weapons to or otherwise aid such

4 movements indirectly and with plausible deniability.

5 (6) Covert or unconventional means of delivery,

6 which may be preferable to both States and non7 State organizations, include cargo ships, passenger

8 aircraft, commercial and private vehicles and vessels,

9 or commercial cargo shipments routed through mul10 tiple destinations.

11 (7) Traditional arms control efforts assume

12 large state efforts with detectable manufacturing

13 and weaponization programs in peacetime but are

14 ineffective in monitoring and controlling the develop15 ment of a capability to manufacture suddenly chemi16 cal, biological, or nuclear weapons with little or no

17 warning and with nothing but commercial supplies

18 and equipment. Such efforts are also incapable of

19 predicting and tracking transfers of capabilities re20 lating to weapons of mass destruction.

21 (8) Because of the dire consequences to the citi22 zens of the United States posed by weapons of mass

23 destruction, and because traditional arms control ef24 forts are inadequate, it is prudent to commence a

25 coordinated effort among local, State, and Federal
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1 emergency response organizations to develop tech2 nologies and capabilities to detect and intercept

3 weapons of mass destruction, to equip and protect

4 those emergency response organizations who are

5 first on the scene, and, where necessary, to decon6 taminate areas where such weapons are manufac7 tured or detonated.

8 (9) Congress has repeatedly expressed concern

9 about the use of weapons of mass destruction, stat10 ing in November 1993 (in section 1704 of the Na11 tional Defense Authorization Act For Fiscal Year

12 1994 (Public Law 103–160; 50 U.S.C. 1522 note))

13 that ‘‘the President should strengthen Federal inter14 agency emergency planning by the Federal Emer15 gency Management Agency and other appropriate

16 Federal, State, and local agencies for development of

17 a capability for early detection and warning of and

18 response to—

19 ‘‘(1) potential terrorist use of chemical or bio20 logical agents or weapons; and

21 ‘‘(2) emergencies or natural disasters involving

22 industrial chemicals or the widespread outbreak of

23 disease.’’.

24 (b) WEAPONS OF MASS DESTRUCTION DEFINED.—

25 For purposes of this Act, the term ‘‘weapons of mass de-
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1 struction’’ means chemical, biological, and nuclear weap2 ons (whether militarized or improvised) that are designed

3 to spread their contents through explosions or other dis4 semination means.

5 SEC. 3. DEPARTMENT OF DEFENSE RESEARCH AND DEVEL6 OPMENT PROGRAM.

7 (a) IN GENERAL.—Chapter 139 of title 10, United

8 States Code, is amended by adding at the end the follow9 ing new section:

10 ‘‘§ 2375. Weapons of mass destruction: threat from at11 tack by unconventional means

12 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary

13 of Defense shall carry out a research and development pro14 gram to enhance the capabilities of the United States re15 lating to the threat to the United States of an attack in16 side the United States by unconventional means involving

17 weapons of mass destruction. In carrying out such pro18 gram, the Secretary shall take into consideration relevant

19 assessments and recommendations of any interagency task

20 force or committee.

21 ‘‘(b) ACTIVITIES TO BE INCLUDED IN THE PRO22 GRAM.—The activities to be carried out by the Secretary

23 under the program shall include the following:

24 ‘‘(1) Research, development, test, and evalua25 tion of technologies relating to any of the following:
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1 ‘‘(A) Detection of chemical, biological, and

2 nuclear weapons.

3 ‘‘(B) Interception of such weapons.

4 ‘‘(C) Protection against such weapons.

5 ‘‘(D) Assistance to other Federal depart6 ments and agencies and State and local agen7 cies in responding to an attack made using such

8 weapons, including casualty treatment.

9 ‘‘(E) Decontamination of areas affected by

10 an attack using such weapons.

11 ‘‘(2) Training of personnel for the activities

12 specified in subparagraphs (A) through (E) of para13 graph (1).

14 ‘‘(3) Identification of Federal equipment and

15 technologies that can be transferred, and training

16 that can be provided, from one Federal agency to

17 another agency or to State and local agencies con18 sistent with the purposes of the program under this

19 section.

20 ‘‘(c) CONSULTATION WITH STATE AND LOCAL AU21 THORITIES.—In carrying out the program under this sec22 tion, the Secretary shall consult regularly with, and shall

23 seek the views of, representatives of—

24 ‘‘(1) State and local government law enforce25 ment authorities; and
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1 ‘‘(2) State and local government emergency

2 planning authorities.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 at the beginning of such chapter is amended by adding

5 at the end the following new item:

‘‘2375. Weapons of mass destruction: threat from attack by unconventional

means.’’.

6 SEC. 4. PRE-EVENT PLANNING ASSISTANCE UNDER STAF7 FORD ACT.

8 Section 201(b) of the Robert T. Stafford Disaster Re9 lief and Emergency Assistance Act (42 U.S.C. 5131(b))

10 is amended by adding at the end the following new sen11 tence: ‘‘In the case of preparation by the States against

12 major disasters involving weapons of mass destruction (as

13 defined in section 2(b) of the Defend America Against

14 Weapons of Mass Destruction Act of 1996), technical as15 sistance under the preceding sentence in developing com16 prehensive plans and practicable programs for preparation

17 against such disasters may be provided through any de18 partment or agency of the United States designated by

19 the President for such purpose.’’.

20 SEC. 5. REPORT TO CONGRESS.

21 Not later than one year after the date of the enact22 ment of this Act, the President shall submit to Congress

23 a report describing the actions taken, and planned to be

24 taken, to carry out section 2375 of title 10, United States
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1 Code, as added by section 3, and the sentence in section

2 201(b) of the Robert T. Stafford Disaster Relief and

3 Emergency Assistance Act added by section 4. The report

4 shall include a statement of the costs of such actions.

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