CHAPTER 32 —CHEMICAL AND BIOLOGICAL WARFARE PROGRAM
§1511. Repealed. Pub. L. 104–106, div. A, title X, §1061(k), Feb. 10, 1996, 110 Stat. 443
Section,
§1512. Transportation, open air testing, and disposal; Presidential determination; report to Congress; notice to Congress and State Governors
None of the funds authorized to be appropriated by this Act or any other Act may be used for the transportation of any lethal chemical or any biological warfare agent to or from any military installation in the United States, or the open air testing of any such agent within the United States, or the disposal of any such agent within the United States until the following procedures have been implemented:
(1) the Secretary of Defense (hereafter referred to in this chapter as the "Secretary") has determined that the transportation or testing proposed to be made is necessary in the interests of national security;
(2) the Secretary has brought the particulars of the proposed transportation, testing, or disposal to the attention of the Secretary of Health and Human Services, who in turn may direct the Surgeon General of the Public Health Service and other qualified persons to review such particulars with respect to any hazards to public health and safety which such transportation, testing, or disposal may pose and to recommend what precautionary measures are necessary to protect the public health and safety;
(3) the Secretary has implemented any precautionary measures recommended in accordance with paragraph (2) above (including, where practicable, the detoxification of any such agent, if such agent is to be transported to or from a military installation for disposal): Provided, however, That in the event the Secretary finds the recommendation submitted by the Surgeon General would have the effect of preventing the proposed transportation, testing, or disposal, the President may determine that overriding considerations of national security require such transportation, testing, or disposal be conducted. Any transportation, testing, or disposal conducted pursuant to such a Presidential determination shall be carried out in the safest practicable manner, and the President shall report his determination and an explanation thereof to the President of the Senate and the Speaker of the House of Representatives as far in advance as practicable; and
(4) the Secretary has provided notification that the transportation, testing, or disposal will take place, except where a Presidential determination has been made: (A) to the President of the Senate and the Speaker of the House of Representatives at least 10 days before any such transportation will be commenced and at least 30 days before any such testing or disposal will be commenced; (B) to the Governor of any State through which such agents will be transported, such notification to be provided appropriately in advance of any such transportation.
(
References in Text
This Act, referred to in provision preceding par. (1), means
Amendments
1970—
Change of Name
"Secretary of Health and Human Services" substituted for "Secretary of Health, Education, and Welfare" in par. (2), pursuant to section 509(b) of
Chemical Munitions Transportation From Okinawa to the United States
Ex Ord. No. 11850. Renunciation of Certain Uses in War of Chemical Herbicides and Riot Control Agents
Ex. Ord. No. 11850, Apr. 8, 1975, 40 F.R. 16187, provided:
The United States renounces, as a matter of national policy, first use of herbicides in war except use, under regulations applicable to their domestic use, for control of vegetation within U.S. bases and installations or around their immediate defensive perimeters, and first use of riot control agents in war except in defensive military modes to save lives such as:
(a) Use of riot control agents in riot control situations in areas under direct and distinct U.S. military control, to include controlling rioting prisoners of war.
(b) Use of riot control agents in situations in which civilians are used to mask or screen attacks and civilian casualties can be reduced or avoided.
(c) Use of riot control agents in rescue missions in remotely isolated areas, of downed aircrews and passengers, and escaping prisoners.
(d) Use of riot control agents in rear echelon areas outside the zone of immediate combat to protect convoys from civil disturbances, terrorists and paramilitary organizations.
I have determined that the provisions and procedures prescribed by this Order are necessary to ensure proper implementation and observance of such national policy.
NOW, THEREFORE, by virtue of the authority vested in me as President of the United States of America by the Constitution and laws of the United States and as Commander-in-Chief of the Armed Forces of the United States, it is hereby ordered as follows:
Gerald R. Ford.
§1512a. Transportation of chemical munitions
(a) Prohibition of transportation across State lines
The Secretary of Defense may not transport any chemical munition that constitutes part of the chemical weapons stockpile out of the State in which that munition is located on October 5, 1994, and, in the case of any such chemical munition not located in a State on October 5, 1994, may not transport any such munition into a State.
(b) Transportation of chemical munitions not in chemical weapons stockpile
In the case of any chemical munitions that are discovered or otherwise come within the control of the Department of Defense and that do not constitute part of the chemical weapons stockpile, the Secretary of Defense may transport such munitions to the nearest chemical munitions stockpile storage facility that has necessary permits for receiving and storing such items if the transportation of such munitions to that facility—
(1) is considered by the Secretary of Defense to be necessary; and
(2) can be accomplished while protecting public health and safety.
(
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1995, and not as part of
§1513. Deployment, storage, and disposal; notification to host country and Congress; international law violations; reports to Congress and international organizations
(1) None of the funds authorized to be appropriated by this Act or any other Act may be used for the future deployment, storage, or disposal, at any place outside the United States of—
(A) any lethal chemical or any biological warfare agent, or
(B) any delivery system specifically designed to disseminate any such agent,
unless prior notice of such deployment, storage, or disposal has been given to the country exercising jurisdiction over such place. In the case of any place outside the United States which is under the jurisdiction or control of the United States Government, no such action may be taken unless the Secretary gives prior notice of such action to the President of the Senate and the Speaker of the House of Representatives. As used in this paragraph, the term "United States" means the several States and the District of Columbia.
(2) None of the funds authorized by this Act or any other Act shall be used for the future testing, development, transportation, storage, or disposal of any lethal chemical or any biological warfare agent outside the United States, or for the disposal of any munitions in international waters, if the Secretary of State, after appropriate notice by the Secretary whenever any such action is contemplated, determines that such testing, development, transportation, storage, or disposal will violate international law. The Secretary of State shall report all determinations made by him under this paragraph to the President of the Senate and the Speaker of the House of Representatives, and to all appropriate international organizations, or organs thereof, in the event such report is required by treaty or other international agreement.
(
References in Text
This Act, referred to in pars. (1) and (2), means
Amendments
1970—Par. (1).
Par. (2).
Withdrawal of European Chemical Stockpile
§1514. "United States" defined
Unless otherwise indicated, as used in this chapter the term "United States" means the several States the District of Columbia, and the territories and possessions of the United States.
(
§1515. Suspension; Presidential authorization
After November 19, 1969, the operation of this chapter, or any portion thereof, may be suspended by the President during the period of any war declared by Congress and during the period of any national emergency declared by Congress or by the President.
(
§1516. Delivery systems
None of the funds authorized to be appropriated by this Act shall be used for the procurement of delivery systems specifically designed to disseminate lethal chemical or any biological warfare agents, or for the procurement of delivery system parts or components specifically designed for such purpose, unless the President shall certify to the Congress that such procurement is essential to the safety and security of the United States.
(
References in Text
This Act, referred to in text, means
Codification
Section was not enacted as part of
Section is from the Armed Forces-Military Procurement, 1971 act,
§1517. Immediate disposal when health or safety are endangered
Nothing contained in this chapter shall be deemed to restrict the transportation or disposal of research quantities of any lethal chemical or any biological warfare agent, or to delay or prevent, in emergency situations either within or outside the United States, the immediate disposal together with any necessary associated transportation, of any lethal chemical or any biological warfare agent when compliance with the procedures and requirements of this chapter would clearly endanger the health or safety of any person.
(
§1518. Disposal; detoxification; report to Congress; emergencies
On and after October 7, 1970, no chemical or biological warfare agent shall be disposed of within or outside the United States unless such agent has been detoxified or made harmless to man and his environment unless immediate disposal is clearly necessary, in an emergency, to safeguard human life. An immediate report should be made to Congress in the event of such disposal.
(
Codification
Section was not enacted as part of
§1519. Lethal binary chemical munitions
(a) Notwithstanding any other provision of law, none of the funds authorized to be appropriated by this or any other Act shall be used for the purpose of production of lethal binary chemical munitions unless the President certifies to Congress that the production of such munitions is essential to the national interest and submits a full report thereon to the President of the Senate and the Speaker of the House of Representatives as far in advance of the production of such munitions as is practicable.
(b) For purposes of this section the term "lethal binary chemical munitions" means (1) any toxic chemical (solid, liquid, or gas) which, through its chemical properties, is intended to be used to produce injury or death to human beings, and (2) any unique device, instrument, apparatus, or contrivance, including any components or accessories thereof, intended to be used to disperse or otherwise disseminate any such toxic chemical.
(
References in Text
This Act, referred to in text, is
Codification
Section was not enacted as part of
§1519a. Limitation on procurement of binary chemical weapons
(a) Notwithstanding any other provision of law, no funds may be obligated or expended after September 24, 1983, for the production of binary chemical weapons unless the President certifies to the Congress that for each 155-millimeter binary artillery shell or aircraft-delivered binary aerial bomb produced a serviceable unitary artillery shell from the existing arsenal shall be rendered permanently useless for military purposes.
(b)(1) Funds appropriated pursuant to the authorization of appropriations for the Army in section 101 of this Act may be used for the establishment of a production base for binary chemical munitions and for the procurement of components for 155-millimeter binary chemical artillery projectiles, but such funds may not be used for the actual production of binary chemical munitions before October 1, 1985.
(2) Notwithstanding the provisions of paragraph (1), before the production of binary chemical munitions may begin after September 30, 1985, the President must certify to Congress in writing that, in light of circumstances prevailing at the time the certification is made, the production of such munitions is essential to the national interest.
(3) For purposes of this subsection, "production of binary chemical munitions" means the final assembly of weapon components and the filling or loading of components with binary chemicals.
(
References in Text
Section 101 of this Act, referred to in subsec. (b)(1), is section 101 of
Codification
Section was enacted as part of the Department of Defense Authorization Act, 1984, and not as part of
§1520. Repealed. Pub. L. 105–85, div. A, title X, §1078(g), Nov. 18, 1997, 111 Stat. 1916 , and Pub. L. 105–277, div. I, title VI, §601, Oct. 21, 1998, 112 Stat. 2681–886
Section,
§1520a. Restrictions on use of human subjects for testing of chemical or biological agents
(a) Prohibited activities
The Secretary of Defense may not conduct (directly or by contract)—
(1) any test or experiment involving the use of a chemical agent or biological agent on a civilian population; or
(2) any other testing of a chemical agent or biological agent on human subjects.
(b) Exceptions
Subject to subsections (c), (d), and (e) of this section, the prohibition in subsection (a) of this section does not apply to a test or experiment carried out for any of the following purposes:
(1) Any peaceful purpose that is related to a medical, therapeutic, pharmaceutical, agricultural, industrial, or research activity.
(2) Any purpose that is directly related to protection against toxic chemicals or biological weapons and agents.
(3) Any law enforcement purpose, including any purpose related to riot control.
(c) Informed consent required
The Secretary of Defense may conduct a test or experiment described in subsection (b) of this section only if informed consent to the testing was obtained from each human subject in advance of the testing on that subject.
(d) Prior notice to Congress
Not later than 30 days after the date of final approval within the Department of Defense of plans for any experiment or study to be conducted by the Department of Defense (whether directly or under contract) involving the use of human subjects for the testing of a chemical agent or a biological agent, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth a full accounting of those plans, and the experiment or study may then be conducted only after the end of the 30-day period beginning on the date such report is received by those committees.
(e) "Biological agent" defined
In this section, the term "biological agent" means any micro-organism (including bacteria, viruses, fungi, rickettsiac, or protozoa), pathogen, or infectious substance, and any naturally occurring, bioengineered, or synthesized component of any such micro-organism, pathogen, or infectious substance, whatever its origin or method of production, that is capable of causing—
(1) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;
(2) deterioration of food, water, equipment, supplies, or materials of any kind; or
(3) deleterious alteration of the environment.
(
Codification
Section is comprised of section 1078 of
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1998, and not as part of
Amendments
1999—Subsec. (d).
§1521. Destruction of existing stockpile of lethal chemical agents and munitions
(a) In general
Notwithstanding any other provision of law, the Secretary of Defense (hereinafter in this section referred to as the "Secretary") shall, in accordance with the provisions of this section, carry out the destruction of the United States' stockpile of lethal chemical agents and munitions that exists on November 8, 1985.
(b) Date for completion
(1) Except as provided by paragraphs (2) and (3), the destruction of such stockpile shall be completed by the stockpile elimination deadline.
(2) If a treaty banning the possession of chemical agents and munitions is ratified by the United States, the date for completing the destruction of the United States' stockpile of such agents and munitions shall be the date established by such treaty.
(3)(A) In the event of a declaration of war by the Congress or of a national emergency by the President or the Congress or if the Secretary of Defense determines that there has been a significant delay in the acquisition of an adequate number of binary chemical weapons to meet the requirements of the Armed Forces (as defined by the Joint Chiefs of Staff as of September 30, 1985), the Secretary may defer, beyond the stockpile elimination deadline, the destruction of not more than 10 percent of the stockpile described in subsection (a)(1) of this section.
(B) The Secretary shall transmit written notice to the Congress of any deferral made under subparagraph (A) not later than the earlier of (A) 30 days after the date on which the decision to defer is made, or (B) 30 days before the stockpile elimination deadline.
(4) If the Secretary determines at any time that there will be a delay in meeting the requirement in paragraph (1) for the completion of the destruction of chemical weapons by the stockpile elimination deadline, the Secretary shall immediately notify the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives of that projected delay.
(5) For purposes of this section, the term "stockpile elimination deadline" means December 31, 2004.
(c) Environmental protection and use of facilities
(1) In carrying out the requirement of subsection (a) of this section, the Secretary shall provide for—
(A) maximum protection for the environment, the general public, and the personnel who are involved in the destruction of the lethal chemical agents and munitions referred to in subsection (a) of this section; and
(B) adequate and safe facilities designed solely for the destruction of lethal chemical agents and munitions.
(2) Facilities constructed to carry out this section shall, when no longer needed for the purposes for which they were constructed, be disposed of in accordance with applicable laws and regulations and mutual agreements between the Secretary of the Army and the Governor of the State in which the facility is located.
(3)(A) Facilities constructed to carry out this section may not be used for a purpose other than the destruction of the stockpile of lethal chemical agents and munitions that exists on November 8, 1985.
(B) The prohibition in subparagraph (A) shall not apply with respect to items designated by the Secretary of Defense as lethal chemical agents, munitions, or related materials after November 8, 1985, if the State in which a destruction facility is located issues the appropriate permit or permits for the destruction of such items at the facility.
(4) In order to carry out subparagraph (A) of paragraph (1), the Secretary may make grants to State and local governments (either directly or through the Federal Emergency Management Agency) to assist those governments in carrying out functions relating to emergency preparedness and response in connection with the disposal of the lethal chemical agents and munitions referred to in subsection (a) of this section. Funds available to the Department of Defense for the purpose of carrying out this section may be used for such grants. Additionally, the Secretary may provide funds through cooperative agreements with State and local governments for the purpose of assisting them in processing, approving, and overseeing permits and licenses necessary for the construction and operation of facilities to carry out this section. The Secretary shall ensure that funds provided through such a cooperative agreement are used only for the purpose set forth in the preceding sentence.
(5)(A) In coordination with the Secretary of the Army and in accordance with agreements between the Secretary of the Army and the Director of the Federal Emergency Management Agency, the Director shall carry out a program to provide assistance to State and local governments in developing capabilities to respond to emergencies involving risks to the public health or safety within their jurisdictions that are identified by the Secretary as being risks resulting from—
(i) the storage of lethal chemical agents and munitions referred to in subsection (a) of this section at military installations in the continental United States; or
(ii) the destruction of such agents and munitions at facilities referred to in paragraph (1)(B).
(B) No assistance may be provided under this paragraph after the completion of the destruction of the United States' stockpile of lethal chemical agents and munitions.
(C) Not later than December 15 of each year, the Director shall transmit a report to Congress on the activities carried out under this paragraph during the fiscal year preceding the fiscal year in which the report is submitted.
(d) Plan
(1) The Secretary shall develop a comprehensive plan to carry out this section.
(2) In developing such plan, the Secretary shall consult with the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency.
(3) The Secretary shall transmit a copy of such plan to the Congress not later than March 15, 1986.
(4) Such plan shall provide—
(A) an evaluation of the comparison of onsite destruction, regional destruction centers, and a national destruction site both inside and outside of the United States;
(B) for technological advances in techniques used to destroy chemical munitions;
(C) for the maintenance of a permanent, written record of the destruction of lethal chemical agents and munitions carried out under this section; and
(D) a description of—
(i) the methods and facilities to be used in the destruction of agents and munitions under this section;
(ii) the schedule for carrying out this section; and
(iii) the management organization established under subsection (e) of this section.
(e) Management organization
(1) In carrying out this section, the Secretary shall provide for the establishment, not later than May 1, 1986, of a management organization within the Department of the Army.
(2) Such organization shall be responsible for management of the destruction of agents and munitions under this section.
(3) The Secretary shall designate a general officer or civilian equivalent as the director of the management organization established under paragraph (1). Such officer shall have—
(A) experience in the acquisition, storage, and destruction of chemical agents and munitions;
(B) training in chemical warfare defense operations; and
(C) outstanding qualifications regarding safety in handling chemical agents and munitions.
(f) Identification of funds
(1) Funds for carrying out this section, including funds for military construction projects necessary to carry out this section, shall be set forth in the budget of the Department of Defense for any fiscal year as a separate account. Such funds shall not be included in the budget accounts for any military department.
(2) Amounts appropriated to the Secretary for the purpose of carrying out subsection (c)(5) of this section shall be promptly made available to the Director of the Federal Emergency Management Agency.
(g) Periodic reports
(1) Except as provided by paragraph (3), the Secretary shall transmit, by December 15 of each year, a report to the Congress on the activities carried out under this section during the fiscal year ending on September 30 of the calendar year in which the report is to be made.
(2) Each annual report shall include the following:
(A) A site-by-site description of the construction, equipment, operation, and dismantling of facilities (during the fiscal year for which the report is made) used to carry out the destruction of agents and munitions under this section, including any accidents or other unplanned occurrences associated with such construction and operation.
(B) A site-by-site description of actions taken to assist State and local governments (either directly or through the Federal Emergency Management Agency) in carrying out functions relating to emergency preparedness and response in accordance with subsection (c)(4) of this section.
(C) An accounting of all funds expended (during such fiscal year) for activities carried out under this section, with a separate accounting for amounts expended for—
(i) the construction of and equipment for facilities used for the destruction of agents and munitions;
(ii) the operation of such facilities;
(iii) the dismantling or other closure of such facilities;
(iv) research and development;
(v) program management;
(vi) travel and associated travel costs for Citizens' Advisory Commissioners under section 172(g) of
(vii) grants to State and local governments to assist those governments in carrying out functions relating to emergency preparedness and response in accordance with subsection (c)(3) 1 of this section.
(D) An assessment of the safety status and the integrity of the stockpile of lethal chemical agents and munitions subject to this section, including—
(i) an estimate on how much longer that stockpile can continue to be stored safely;
(ii) a site-by-site assessment of the safety of those agents and munitions; and
(iii) a description of the steps taken (to the date of the report) to monitor the safety status of the stockpile and to mitigate any further deterioration of that status.
(3) The Secretary shall transmit the final report under paragraph (1) not later than 120 days following the completion of activities under this section.
(h) Prohibition on acquiring certain lethal chemical agents and munitions
(1) Except as provided in paragraph (2), no agency of the Federal Government may, after November 8, 1985, develop or acquire lethal chemical agents or munitions other than binary chemical weapons.
(2)(A) The Secretary of Defense may acquire any chemical agent or munition at any time for purposes of intelligence analysis.
(B) Chemical agents and munitions may be acquired for research, development, test, and evaluation purposes at any time, but only in quantities needed for such purposes and not in production quantities.
(i) Reaffirmation of United States position on first use of chemical agents and munitions
It is the sense of Congress that the President should publicly reaffirm the position of the United States as set out in the Geneva Protocol of 1925, which the United States ratified with reservations in 1975.
(j) Definitions
For purposes of this section:
(1) The term "chemical agent and munition" means an agent or munition that, through its chemical properties, produces lethal or other damaging effects on human beings, except that such term does not include riot control agents, chemical herbicides, smoke and other obscuration materials.
(2) The term "lethal chemical agent and munition" means a chemical agent or munition that is designed to cause death, through its chemical properties, to human beings in field concentrations.
(3) The term "destruction" means, with respect to chemical munitions or agents—
(A) the demolishment of such munitions or agents by incineration or by any other means; or
(B) the dismantling or other disposal of such munitions or agents so as to make them useless for military purposes and harmless to human beings under normal circumstances.
(k) Operational verification
(1) Until the Secretary of the Army successfully completes (through the prove-out work to be conducted at Johnston Atoll) operational verification of the technology to be used for the destruction of live chemical agents and munitions under this section, the Secretary may not conduct any activity for equipment prove out and systems test before live chemical agents are introduced at a facility (other than the Johnston Atoll facility) at which the destruction of chemical agent 2 and munitions weapons is to take place under this section. The limitation in the preceding sentence shall not apply with respect to the Chemical Agent Munition Disposal System in Tooele, Utah.
(2) Upon the successful completion of the prove out of the equipment and facility at Johnston Atoll, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report certifying that the prove out is completed.
(3) If the Secretary determines at any time that there will be a delay in meeting the deadline of December 31, 1990, scheduled by the Department of Defense for completion of the operational verification at Johnston Atoll referred to in paragraph (1), the Secretary shall immediately notify the Committees of that projected delay.
(
References in Text
Subsection (c)(3) of this section, referred to in subsec. (g)(2)(C)(vii), was redesignated subsec. (c)(4) of this section by
Codification
Section was enacted as part of the Department of Defense Authorization Act, 1986, and not as part of
Amendments
1999—Subsec. (b)(4).
Subsec. (c)(2).
Subsec. (c)(3) to (5).
Subsec. (f)(2).
Subsec. (g)(2)(B).
Subsec. (k)(2).
1998—Subsec. (c)(4).
Subsec. (f).
Subsec. (g)(2)(B).
Subsec. (g)(2)(B)(vii).
Subsec. (g)(2)(C), (D).
1997—Subsec. (g)(3), (4).
1996—Subsec. (b)(4).
Subsec. (e)(3).
Subsec. (g).
Subsec. (g)(2).
Subsec. (g)(2)(A).
Subsec. (g)(2)(B).
Subsec. (g)(2)(B)(iv).
Subsec. (g)(2)(B)(v).
Subsec. (g)(2)(B)(vi).
Subsec. (g)(2)(C).
Subsec. (g)(3).
Subsec. (g)(4).
Subsec. (k)(2).
1994—Subsec. (f).
1993—Subsec. (c)(3).
1992—Subsec. (a).
Subsec. (b)(5).
Subsec. (c)(1).
Subsec. (g)(1).
Subsec. (g)(2).
"(A) an accounting of the United States' stockpile of lethal chemical agents and munitions on November 8, 1985; and
"(B) a schedule of the activities planned to be carried out under this section during fiscal year 1986."
Subsec. (g)(3), (4).
1991—Subsec. (b)(5).
Subsec. (c)(3).
1990—Subsec. (a)(1).
Subsec. (c)(3).
Subsec. (g)(3)(C).
Subsec. (h)(1).
1988—Subsec. (b)(1), (3)(A).
Subsec. (b)(3)(B).
Subsec. (b)(4), (5).
Subsec. (k).
Alternative Technologies for Destruction of Assembled Chemical Weapons
"(a)
"(b)
"(A) the technology has been demonstrated to be successful; and
"(B) the Under Secretary of Defense for Acquisition, Technology, and Logistics has submitted a report on the demonstration to Congress that includes a decision to proceed with the pilot-scale facility phase for an alternative technology.
"(2) To prepare for the immediate implementation of any such technology, the program manager may, during fiscal years 1998 and 1999, take the following actions:
"(A) Establish program requirements.
"(B) Prepare procurement documentation.
"(C) Develop environmental documentation.
"(D) Identify and prepare to meet public outreach and public participation requirements.
"(E) Prepare to award a contract for the design, construction, and operation of a pilot facility for the technology to the provider team for the technology not later than December 30, 1999.
"(c)
"(d)
"(2) Paragraph (1) applies to an alternative technology for the destruction of lethal chemical munitions, other than incineration, that the Under Secretary—
"(A) certifies in writing to Congress is—
"(i) as safe and cost effective for disposing of assembled chemical munitions as is incineration of such munitions; and
"(ii) is capable of completing the destruction of such munitions on or before the later of the date by which the destruction of the munitions would be completed if incineration were used or the deadline date for completing the destruction of the munitions under the Chemical Weapons Convention; and
"(B) determines as satisfying the Federal and State environmental and safety laws that are applicable to the use of the technology and to the design, construction, and operation of a pilot facility for use of the technology.
"(3) The Under Secretary shall consult with the National Research Council in making determinations and certifications for the purpose of paragraph (2).
"(4) In this subsection, the term 'Chemical Weapons Convention' means the Convention on the Prohibition of Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, opened for signature on January 13, 1993, together with related annexes and associated documents.
"(e)
"(f)
"(A) Demonstrations of alternative technologies under the Assembled Chemical Weapons Assessment.
"(B) Planning and preparation to proceed from demonstration of an alternative technology immediately into the development of a pilot-scale facility for the technology, including planning and preparation for—
"(i) continued development of the technology leading to deployment of the technology for use;
"(ii) satisfaction of requirements for environmental permits;
"(iii) demonstration, testing, and evaluation;
"(iv) initiation of actions to design a pilot plant;
"(v) provision of support at the field office or depot level for deployment of the technology for use; and
"(vi) educational outreach to the public to engender support for the deployment.
"(C) The independent evaluation of cost and schedule required under subsection (c).
"(2) Funds authorized to be appropriated under section 107(1) are authorized to be used for awarding contracts in accordance with subsection (d) and for taking any other action authorized in this section.
"(f)[(g)]
Pilot Program for Demilitarization of Assembled Chemical Munitions
Destruction of Existing Stockpile of Lethal Chemical Agents and Munitions
"(a)
"(2) Based on the results of the assessment conducted under paragraph (1), the Secretary may take those actions identified in the assessment that may be accomplished under existing law to achieve the purposes of such assessment and the chemical agents and munitions stockpile destruction program.
"(3) Not later than March 1, 2000, the Secretary shall submit to Congress a report on—
"(A) those actions taken, or planned to be taken, under paragraph (2); and
"(B) any recommendations for additional legislation that may be required to achieve the purposes of the assessment conducted under paragraph (1) and of the chemical agents and munitions stockpile destruction program.
"(b)
"(c)
"(2) The assessment conducted under paragraph (1) shall include a review of the program execution and financial management of each of the elements of the program, including—
"(A) the chemical stockpile disposal project;
"(B) the nonstockpile chemical materiel project;
"(C) the alternative technologies and approaches project;
"(D) the chemical stockpile emergency preparedness program; and
"(E) the assembled chemical weapons assessment program.
"(d)
"(1) The term 'Assembled Chemical Weapons Assessment' means the pilot program carried out under section 8065 of the Department of Defense Appropriations Act, 1997 (section 101(b) of
"(2) The term 'Chemical Weapons Convention' means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, ratified by the United States on April 25, 1997, and entered into force on April 29, 1997."
Section 152 of
"(a)
"(b)
"(1) Support measures that are required by Department of Defense and Army chemical surety and security program regulations.
"(2) Support measures that are required by the general and site chemical munitions demilitarization plans specific to that installation.
"(3) Support measures that are required by the permits required by the Solid Waste Disposal Act (
"(c)
"(2) The assessment shall be conducted in coordination with the National Research Council.
"(3) Based on the results of the assessment, the Secretary shall develop appropriate recommendations for revision of the chemical demilitarization program.
"(4) Not later than March 1, 1996, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and on Appropriations of the Senate and House of Representatives] an interim report assessing the current status of the chemical stockpile demilitarization program, including the results of the Army's analysis of the physical and chemical integrity of the stockpile and implications for the chemical demilitarization program, and providing recommendations for revisions to that program that have been included in the budget request of the Department of Defense for fiscal year 1997. The Secretary shall submit to the congressional defense committees with the submission of the budget request of the Department of Defense for fiscal year 1998 a final report on the assessment conducted in accordance with paragraph (1) and recommendations for revision to the program, including an assessment of alternative demilitarization technologies and processes to the baseline incineration process and potential reconfiguration of the stockpile that should be incorporated in the program.
"(d)
"(2) The review shall include the following:
"(A) An analysis of the economic impacts on these communities and the unique reuse problems facing local communities associated with ongoing chemical weapons programs.
"(B) Recommendations of the Secretary on methods for expeditious and cost-effective transfer or lease of these facilities to local communities for reuse by those communities.
"(3) The Secretary shall submit to the congressional defense committees a report on the review and evaluation under this subsection. The report shall be submitted not later than 90 days after the date of the enactment of this Act [Feb. 10, 1996].
"(e)
"(2) The assessment shall be conducted in coordination with the National Research Council.
"(3) Among the alternatives, the assessment shall include a determination of the cost of incineration of the current chemical munitions stockpile by building incinerators at each existing facility compared to the proposed cost of dismantling those same munitions, neutralizing them at each storage site (other than Tooele Army Depot or Johnston Atoll), and transporting the neutralized remains and all munitions parts to a treatment, storage, and disposal facility within the United States that has the necessary environmental permits to undertake incineration of the material.
"(4) Based on the results of the assessment, the Secretary shall develop appropriate recommendations for revision of the chemical demilitarization program.
"(5) Not later than December 31, 1997, the Secretary of Defense shall submit to Congress a report on the assessment conducted in accordance with paragraph (1) and any recommendations for revision of the chemical demilitarization program, including the continued development of alternative demilitarization technologies and processes other than incineration that could be used for the destruction of the lethal chemical agents that are associated with these assembled chemical munitions and the chemical munitions demilitarization sites for which the selected technologies should be developed.
"(f)
"(2) Not less than 30 days before using funds to initiate the pilot program under paragraph (1), the Secretary shall submit notice in writing to Congress of the Secretary's intent to do so.
"[(3) Repealed.
Chemical Demilitarization Citizens Advisory Commissions
Section 172 of
"(a)
"(2) The Secretary shall also establish a Chemical Demilitarization Citizens' Advisory Commission for any State in which there is located a chemical weapons storage site other than a low-volume site, if the establishment of such a commission for such State is requested by the Governor of that State.
"(b)
"(c)
"(2) For purposes of paragraph (1), affected areas are those areas located within a 50-mile radius of a chemical weapons storage site.
"(d)
"(1) a contract related to the disposal of lethal chemical agents or munitions in the stockpile referred to in section 1412(a)(1) of the Department of Defense Authorization Act, 1986 (
"(2) a subcontract under such a contract.
"(e)
"(f)
"(g)
"(h)
Alternative Disposal Process for Low-Volume Sites; Revised Disposal Concept Plan
Sections 174 and 175 of
"SEC. 174. ALTERNATIVE DISPOSAL PROCESS FOR LOW-VOLUME SITES.
"(a)
"(b)
"SEC. 175. REVISED CHEMICAL WEAPONS DISPOSAL CONCEPT PLAN.
"(a)
"(b)
"(1) life-cycle cost estimates and schedules; and
"(2) a description of the facilities and operating procedures to be employed using the alternative technology process.
"(c)
"(d)
"(e)
Sense of Congress Concerning International Consultation and Exchange Program
Section 178 of
"Low-Volume Site" Defined
Section 180 of
Revision of Chemical Demilitarization Program
"(a)
"(b)
"(c)
"(A) Evaluation of alternate technologies for disposal of the existing stockpile and selection of the technology or technologies to be used for such purpose.
"(B) Full-scale operational verification of the technology or technologies selected for such disposal.
"(C) Maximum protection for public health and the environment.
"(2) The limitation in paragraph (1) shall not apply with respect to the obligation of funds for the technology evaluation or development program.
"(d)
"(1) incorporate the requirements of subsections (b) and (c); and
"(2) specify any revised schedule or revised funding requirement necessary to enable the Secretary to meet the requirements of subsections (b) and (c).
The alternative concept plan shall be submitted by March 15, 1988.
"(e)
"(1) surveillance of the existing United States stockpile of chemical weapons; and
"(2) assessment of the condition of the stockpile."
1 See References in Text note below.
2 So in original. Probably should be "agents".
§1522. Conduct of chemical and biological defense program
(a) General
The Secretary of Defense shall carry out the chemical and biological defense program of the United States in accordance with the provisions of this section.
(b) Management and oversight
In carrying out his responsibilities under this section, the Secretary of Defense shall do the following:
(1) Assign responsibility for overall coordination and integration of the chemical and biological warfare defense program and the chemical and biological medical defense program to a single office within the Office of the Secretary of Defense.
(2) Take those actions necessary to ensure close and continuous coordination between (A) the chemical and biological warfare defense program, and (B) the chemical and biological medical defense program.
(3) Exercise oversight over the chemical and biological defense program through the Defense Acquisition Board process.
(c) Coordination of program
(1) The Secretary of Defense shall designate the Army as executive agent for the Department of Defense to coordinate and integrate research, development, test, and evaluation, and acquisition, requirements of the military departments for chemical and biological warfare defense programs of the Department of Defense.
(2) The Director of the Defense Advanced Research Projects Agency may conduct a program of basic and applied research and advanced technology development on chemical and biological warfare defense technologies and systems. In conducting such program, the Director shall seek to avoid unnecessary duplication of the activities under the program with chemical and biological warfare defense activities of the military departments and defense agencies and shall coordinate the activities under the program with those of the military departments and defense agencies.
(d) Funding
(1) The budget for the Department of Defense for each fiscal year after fiscal year 1994 shall reflect a coordinated and integrated chemical and biological defense program for the Department of Defense.
(2) Funding requests for the program (other than for activities under the program conducted by the Defense Advanced Research Projects Agency under subsection (c)(2) of this section) shall be set forth in the budget of the Department of Defense for each fiscal year as a separate account, with a single program element for each of the categories of research, development, test, and evaluation, acquisition, and military construction. Amounts for military construction projects may be set forth in the annual military construction budget. Funds for military construction for the program in the military construction budget shall be set forth separately from other funds for military construction projects. Funding requests for the program may not be included in the budget accounts of the military departments.
(3) The program conducted by the Defense Advanced Research Projects Agency under subsection (c)(2) of this section shall be set forth as a separate program element in the budget of that agency.
(4) All funding requirements for the chemical and biological defense program shall be reviewed by the Secretary of the Army as executive agent pursuant to subsection (c) of this section.
(e) Management review and report
(1) The Secretary of Defense shall conduct a review of the management structure of the Department of Defense chemical and biological warfare defense program, including—
(A) research, development, test, and evaluation;
(B) procurement;
(C) doctrine development;
(D) policy;
(E) training;
(F) development of requirements;
(G) readiness; and
(H) risk assessment.
(2) Not later than May 1, 1994, the Secretary shall submit to Congress a report that describes the details of measures being taken to improve joint coordination and oversight of the program and ensure a coherent and effective approach to its management.
(
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1994, and not as part of
Amendments
1996—Subsec. (c).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3), (4).
Chemical Warfare Defense
"(a)
"(b)
"(1) To provide for adequate protection of personnel from any exposure to a chemical warfare agent (including chronic and low-level exposure to a chemical warfare agent) that would endanger the health of exposed personnel because of the deleterious effects of—
"(A) a single exposure to the agent;
"(B) exposure to the agent concurrently with other dangerous exposures, such as exposures to—
"(i) other potentially toxic substances in the environment, including pesticides, other insect and vermin control agents, and environmental pollutants;
"(ii) low-grade nuclear and electromagnetic radiation present in the environment;
"(iii) preventive medications (that are dangerous when taken concurrently with other dangerous exposures referred to in this paragraph);
"(iv) diesel fuel, jet fuel, and other hydrocarbon-based fuels; and
"(v) occupational hazards, including battlefield hazards; and
"(C) repeated exposures to the agent, or some combination of one or more exposures to the agent and other dangerous exposures referred to in subparagraph (B), over time.
"(2) To provide for—
"(A) the prevention of and protection against, and the detection (including confirmation) of, exposures to a chemical warfare agent (whether intentional or inadvertent) at levels that, even if not sufficient to endanger health immediately, are greater than the level that is recognized under Department of Defense policies as being the maximum safe level of exposure to that agent for the general population; and
"(B) the recording, reporting, coordinating, and retaining of information on possible exposures described in subparagraph (A), including the monitoring of the health effects of exposures on humans and animals, environmental effects, and ecological effects, and the documenting and reporting of those effects specifically by location.
"(3) To provide solutions for the concerns and mission requirements that are specifically applicable for one or more of the Armed Forces in a protracted conflict when exposures to chemical agents could be complex, dynamic, and occurring over an extended period.
"(c)
"(d)
"(1) Each modification of chemical warfare defense policy and doctrine resulting from the review.
"(2) Any recommended legislation regarding chemical warfare defense.
"(3) The plan for the research program."
Study of Facility for Training and Evaluation of Chemical or Biological Weapons Response Personnel
"(1)
"(A) the threat of the use of chemical and biological weapons by Third World countries and by terrorist organizations has increased in recent years and is now a problem of worldwide significance;
"(B) the military and law enforcement agencies in the United States that are responsible for responding to the use of such weapons require additional testing, training, and evaluation facilities to ensure that the personnel of such agencies discharge their responsibilities effectively; and
"(C) a facility that recreates urban and suburban locations would provide an especially effective environment in which to test, train, and evaluate such personnel for that purpose.
"(2)
"(A)
"(B)
"(i) facilities common to urban environments (including a multistory building and an underground rail transit system) and to suburban environments;
"(ii) the capacity to produce controllable releases of chemical and biological agents from a variety of urban and suburban structures, including laboratories, small buildings, and dwellings;
"(iii) the capacity to produce controllable releases of chemical and biological agents into sewage, water, and air management systems common to urban areas and suburban areas;
"(iv) chemical and biocontaminant facilities at the P3 and P4 levels;
"(v) the capacity to test and evaluate the effectiveness of a variety of protective clothing and facilities and survival techniques in urban areas and suburban areas; and
"(vi) the capacity to test and evaluate the effectiveness of variable sensor arrays (including video, audio, meteorological, chemical, and biosensor arrays) in urban areas and suburban areas.
"(C)
"(i) be under the jurisdiction of the Secretary of Defense; and
"(ii) be located at a principal facility of the Department of Defense for the testing and evaluation of the use of chemical and biological weapons during any period of armed conflict."
Consolidation of Chemical and Biological Defense Training Activities
Section 1702 of
Sense of Congress Concerning Federal Emergency Planning for Response to Terrorist Threats
Section 1704 of
"(1) potential terrorist use of chemical or biological agents or weapons; and
"(2) emergencies or natural disasters involving industrial chemicals or the widespread outbreak of disease."
§1523. Annual report on chemical and biological warfare defense
(a) Report required
The Secretary of Defense shall include in the annual report of the Secretary under
(1) the overall readiness of the Armed Forces to fight in a chemical-biological warfare environment and shall describe steps taken and planned to be taken to improve such readiness; and
(2) requirements for the chemical and biological warfare defense program, including requirements for training, detection, and protective equipment, for medical prophylaxis, and for treatment of casualties resulting from use of chemical or biological weapons.
(b) Matters to be included
The report shall include information on the following:
(1) The quantities, characteristics, and capabilities of fielded chemical and biological defense equipment to meet wartime and peacetime requirements for support of the Armed Forces, including individual protective items.
(2) The status of research and development programs, and acquisition programs, for required improvements in chemical and biological defense equipment and medical treatment, including an assessment of the ability of the Department of Defense and the industrial base to meet those requirements.
(3) Measures taken to ensure the integration of requirements for chemical and biological defense equipment and material among the Armed Forces.
(4) The status of nuclear, biological, and chemical (NBC) warfare defense training and readiness among the Armed Forces and measures being taken to include realistic nuclear, biological, and chemical warfare simulations in war games, battle simulations, and training exercises.
(5) Measures taken to improve overall management and coordination of the chemical and biological defense program.
(6) Problems encountered in the chemical and biological warfare defense program during the past year and recommended solutions to those problems for which additional resources or actions by the Congress are required.
(7) A description of the chemical warfare defense preparations that have been and are being undertaken by the Department of Defense to address needs which may arise under article X of the Chemical Weapons Convention.
(8) A summary of other preparations undertaken by the Department of Defense and the On-Site Inspection Agency to prepare for and to assist in the implementation of the convention, including activities such as training for inspectors, preparation of defense installations for inspections under the convention using the Defense Treaty Inspection Readiness Program, provision of chemical weapons detection equipment, and assistance in the safe transportation, storage, and destruction of chemical weapons in other signatory nations to the convention.
(9) A description of any program involving the testing of biological or chemical agents on human subjects that was carried out by the Department of Defense during the period covered by the report, together with—
(A) a detailed justification for the testing;
(B) a detailed explanation of the purposes of the testing;
(C) a description of each chemical or biological agent tested; and
(D) the Secretary's certification that informed consent to the testing was obtained from each human subject in advance of the testing on that subject.
(
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1994, and not as part of
Amendments
1997—Subsec. (b)(9).
§1524. Agreements to provide support to vaccination programs of Department of Health and Human Services
(a) Agreements authorized
The Secretary of Defense may enter into agreements with the Secretary of Health and Human Services to provide support for vaccination programs of the Secretary of Health and Human Services in the United States through use of the excess peacetime biological weapons defense capability of the Department of Defense.
(b) Report
Not later than February 1, 1994, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility of providing Department of Defense support for vaccination programs under subsection (a) of this section and shall identify resource requirements that are not within the Department's capability.
(
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1994, and not as part of
"Congressional Defense Committees" Defined
Congressional defense committees means the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives, see section 3 of
§1525. Assistance for facilities subject to inspection under Chemical Weapons Convention
(a) Assistance authorized
Upon the request of the owner or operator of a facility that is subject to a routine inspection or a challenge inspection under the Chemical Weapons Convention, the Secretary of Defense may provide technical assistance to that owner or operator related to compliance of that facility with the Convention. Any such assistance shall be provided through the On-Site Inspection Agency of the Department of Defense.
(b) Reimbursement requirement
The Secretary may provide assistance under subsection (a) of this section only to the extent that the Secretary determines that the Department of Defense will be reimbursed for costs incurred in providing the assistance. The United States National Authority may provide such reimbursement from amounts available to it. Any such reimbursement shall be credited to amounts available for the On-Site Inspection Agency.
(c) Definitions
In this section:
(1) The terms "Chemical Weapons Convention" and "Convention" mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, ratified by the United States on April 25, 1997, and entered into force on April 29, 1997.
(2) The term "facility that is subject to a routine inspection" means a declared facility, as defined in paragraph 15 of part X of the Annex on Implementation and Verification of the Convention.
(3) The term "challenge inspection" means an inspection conducted under Article IX of the Convention.
(4) The term "United States National Authority" means the United States National Authority established or designated pursuant to Article VII, paragraph 4, of the Convention.
(
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1998, and not as part of
§1526. Effective use of resources for nonproliferation programs
(a) Prohibition
Except as provided in subsection (b) of this section, no assistance may be provided by the United States Government to any person who is involved in the research, development, design, testing, or evaluation of chemical or biological weapons for offensive purposes.
(b) Exception
The prohibition contained in subsection (a) of this section shall not apply to any activity conducted pursuant to title V of the National Security Act of 1947 (
(
References in Text
The National Security Act of 1947, referred to in subsec. (b), is act July 26, 1947, ch. 343,
Codification
Section was enacted as part of the Arms Control and Nonproliferation Act of 1999, and also as part of the Arms Control, Nonproliferation, and Security Assistance Act of 1999, and the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years, 2000 and 2001, and not as part of