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) intro-
duced the following bill; which was referred to the Committee on National
Security, and in addition to the Committee on Transportation and Infra-
structure, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To provide for the detection and interception of weapons
of mass destruction delivered by unconventional means.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 find-
ings:
(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 de-
struction delivered by unconventional means is lim-
ited.
(2) It is axiomatic that the incentive for the un-
conventional delivery of weapons of mass destruction
will increase in direct proportion to the perceived ef-
fectiveness of theater missile and other regular mili-
tary 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 sig-
nificant 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 destruc-
tion.
(5) In addition, the acquisition or the develop-
ment 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 mul-
tiple 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 develop-
ment of a capability to manufacture suddenly chemi-
cal, 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 re-
lating to weapons of mass destruction.
(8) Because of the dire consequences to the citi-
zens of the United States posed by weapons of mass
destruction, and because traditional arms control ef-
forts are inadequate, it is prudent to commence a
coordinated effort among local, State, and Federal
emergency response organizations to develop tech-
nologies 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 decon-
taminate areas where such weapons are manufac-
tured or detonated.
(9) Congress has repeatedly expressed concern
about the use of weapons of mass destruction, stat-
ing in November 1993 (in section 1704 of the Na-
tional Defense Authorization Act For Fiscal Year
1994 (Public Law 103–160; 50 U.S.C. 1522 note))
that ‘‘the President should strengthen Federal inter-
agency emergency planning by the Federal Emer-
gency 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 bio-
logical 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 de-