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 Repealed.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 section 1 [
(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.
(
Editorial Notes
References in Text
This Act, referred to in introductory provisions, means
This section, referred to in par. (1), means section 409 of
Amendments
1970—
Statutory Notes and Related Subsidiaries
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
Riot Control Agents
"(a)
"(b)
"(1)
"(2)
"(A) a description of all regulations, doctrines, training materials, and any other information related to the use of riot control agents by members of the Armed Forces;
"(B) a description of how the material described in subparagraph (A) is consistent with United States policy on the use of riot control agents;
"(C) a description of the availability of riot control agents, and the means to use them, to members of the Armed Forces, including members of the Armed Forces deployed in Iraq and Afghanistan;
"(D) a description of the frequency and circumstances of the use of riot control agents by members of the Armed Forces since January 1, 1992, and a summary of views held by commanders of United States combatant commands as to the utility of the use of riot control agents by members of the Armed Forces when compared with alternatives;
"(E) a general description of steps taken or planned to be taken by the Department of Defense to clarify the circumstances under which riot control agents may be used by members of the Armed Forces; and
"(F) a brief explanation of the continuing validity of Executive Order No. 11850 [set out below] under United States law.
"(3)
"(c)
"(1)
"(2)
Chemical Munitions Transportation From Okinawa to the United States
Definition of "United States"
For definition of "United States" as used in this section, see
Executive Documents
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.
1 See References in Text note below.
§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.
(
Editorial Notes
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.
(
Editorial Notes
References in Text
This Act, referred to in pars. (1) and (2), means
Amendments
1970—Par. (1).
Par. (2).
Statutory Notes and Related Subsidiaries
Withdrawal of European Chemical Stockpile
Definitions
For definition of "United States" as used in this section, unless otherwise indicated, see
"Secretary" means the Secretary of Defense, see
§1514. "United States" defined
Unless otherwise indicated, as used in this section 1 [
(
Editorial Notes
References in Text
This section, referred to in text, means section 409 of
1 See References in Text note below.
§1515. Suspension; Presidential authorization
After November 19, 1969, the operation of this section 1 [
(
Editorial Notes
References in Text
This section, referred to in text, means section 409 of
1 See References in Text note below.
§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.
(
Editorial Notes
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,
Prior Provisions
Provisions similar to those in this section were contained in
§1517. Immediate disposal when health or safety are endangered
Nothing contained in this section 1 [
(
Editorial Notes
References in Text
This section, referred to in text, means section 409 of
Statutory Notes and Related Subsidiaries
Definition of "United States"
For definition of "United States" as used in this section, see
1 See References in Text note below.
§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.
(
Editorial Notes
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.
(
Editorial Notes
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.
(
Editorial Notes
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), the prohibition in subsection (a) 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) 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.
(
Editorial Notes
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
The Secretary of Defense 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) The destruction of such stockpile shall be completed by the stockpile elimination deadline.
(2) If the Secretary of Defense 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.
(3) For purposes of this section, the term "stockpile elimination deadline" means the deadline established by the Chemical Weapons Convention, but not later than December 31, 2023.
(c) Initiation of demilitarization operations
The Secretary of Defense may not initiate destruction of the chemical munitions stockpile stored at a site until the following support measures are in place:
(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 (
(d) Environmental protection and use of facilities
(1) In carrying out the requirement of subsection (a), the Secretary of Defense 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), including but not limited to the use of technologies and procedures that will minimize risk to the public at each site; 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.
(e) Grants and cooperative agreements
(1)(A) In order to carry out subsection (d)(1)(A), the Secretary of Defense may make grants to State and local governments and to tribal organizations (either directly or through the Federal Emergency Management Agency) to assist those governments and tribal organizations 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). Funds available to the Department of Defense for the purpose of carrying out this section may be used for such grants.
(B) Additionally, the Secretary may provide funds through cooperative agreements with State and local governments, and with tribal organizations, 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.
(C) In this paragraph, the term "tribal organization" has the meaning given that term in
(2)(A) In coordination with the Secretary of the Army and in accordance with agreements between the Secretary of the Army and the Administrator of the Federal Emergency Management Agency, the Administrator 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) at military installations in the continental United States; or
(ii) the destruction of such agents and munitions at facilities referred to in subsection (d)(1)(B).
(B) Assistance may be provided under this paragraph for capabilities to respond to emergencies involving an installation or facility as described in subparagraph (A) until the earlier of the following:
(i) The date of the completion of all grants and cooperative agreements with respect to the installation or facility for purposes of this paragraph between the Federal Emergency Management Agency and the State and local governments concerned.
(ii) The date that is 180 days after the date of the completion of the destruction of lethal chemical agents and munitions at the installation or facility.
(C) Not later than December 15 of each year, the Administrator 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.
(f) Requirement for strategic plan
(1) The Under Secretary of Defense for Acquisition and Sustainment and the Secretary of the Army shall jointly prepare, and from time to time shall update as appropriate, a strategic plan for future activities for destruction of the United States' stockpile of lethal chemical agents and munitions.
(2) The plan shall include, at a minimum, the following considerations:
(A) Realistic budgeting for stockpile destruction and related support programs.
(B) Contingency planning for foreseeable or anticipated problems.
(C) A management approach and associated actions that address compliance with the obligations of the United States under the Chemical Weapons Convention and that take full advantage of opportunities to accelerate destruction of the stockpile.
(3) The Secretary of Defense shall each year submit to the Committee on the Armed Services of the Senate and the Committee on Armed Services of the House of Representatives the strategic plan as most recently prepared and updated under paragraph (1). Such submission shall be made each year at the time of the submission to the Congress that year of the President's budget for the next fiscal year.
(g) Management organization
(1) In carrying out this section, the Secretary of Defense shall provide for a management organization within the Department of the Army. The Secretary of the Army shall be responsible for management of the destruction of agents and munitions at all sites except Blue Grass Army Depot, Kentucky, and Pueblo Chemical Depot, Colorado 1
(2) The program manager for the Assembled Chemical Weapons Alternative Program shall be responsible for management of the construction, operation, and closure, and any contracting relating thereto, of chemical demilitarization activities at Blue Grass Army Depot, Kentucky, and Pueblo Army Depot, Colorado, including management of the pilot-scale facility phase of the alternative technology selected for the destruction of lethal chemical munitions. In performing such management, the program manager shall act independently of the Army program manager for Chemical Demilitarization and shall report to the Under Secretary of Defense for Acquisition and Sustainment.
(3) The Secretary of Defense 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; and
(B) outstanding qualifications regarding safety in handling chemical agents and munitions.
(h) 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 of Defense for the purpose of carrying out subsection (e) shall be promptly made available to the Administrator of the Federal Emergency Management Agency.
(i) Annual reports
(1) Except as provided by paragraph (3), the Secretary of Defense shall transmit, by December 15 each year, a report to 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 (e).
(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 subsection (m)(7); and
(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 (e).
(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.
(E) A description of any supplemental chemical agent and munitions destruction technologies used at Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, Kentucky, during the period covered by the report, including explosive destruction technologies and any technologies developed for the treatment and disposal of energetic or agent hydrolystates.
(3) The Secretary shall transmit the final report under paragraph (1) not later than 120 days following the completion of activities under this section.
(j) Quarterly briefing
(1) Not later than 90 days after August 13, 2018, and every 90 days thereafter until the United States completes the destruction of its entire stockpile of chemical weapons under the terms of the Chemical Weapons Convention, the Secretary of Defense shall brief the members and committees of Congress referred to in paragraph (3) on the progress made by the United States toward fulfilling its chemical weapons destruction obligations under the Chemical Weapons Convention.
(2) Each briefing under paragraph (1) shall include a description of contractor costs and performance relative to schedule, the progress to date toward the complete destruction of the stockpile, and any other information the Secretary determines to be relevant.
(3) The members and committees of Congress referred to in this paragraph are—
(A) the majority leader and the minority leader of the Senate and the Committee on Armed Services and the Committee on Appropriations of the Senate; and
(B) the Speaker of the House of Representatives, the majority leader and the minority leader of the House of Representatives, and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
(k) Authorized use of toxic chemicals
Consistent with United States obligations under the Chemical Weapons Convention, the Secretary of Defense may develop, produce, otherwise acquire, retain, transfer, and use toxic chemicals and their precursors for purposes not prohibited by the Chemical Weapons Convention if the types and quantities of such chemicals and precursors are consistent with such purposes, including for protective purposes such as protection against toxic chemicals and protection against chemical weapons.
(l) Surveillance and assessment program
The Secretary of Defense shall conduct an ongoing comprehensive program of—
(1) surveillance of the existing United States stockpile of chemical weapons; and
(2) assessment of the condition of the stockpile.
(m) Chemical demilitarization citizens' advisory commissions
(1)(A) The Secretary of the Army shall establish a citizens' commission for each State in which there is a chemical demilitarization facility under Army management.
(B) The Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs shall establish a chemical demilitarization citizens' commission in Colorado and in Kentucky.
(C) Each commission under this subsection shall be known as the "Chemical Demilitarization Citizens' Advisory Commission" for the State concerned.
(2)(A) The Secretary of the Army, or the Department of Defense with respect to Colorado and Kentucky, shall provide for a representative to meet with each commission established under this subsection to receive citizen and State concerns regarding the ongoing program for the disposal of the lethal chemical agents and munitions in the stockpile referred to in subsection (a) at each of the sites with respect to which a commission is established pursuant to paragraph (1).
(B) The Secretary of the Army shall provide for a representative from the Office of the Assistant Secretary of the Army (Acquisition, Logistics, and Technology) to meet with each commission under Army management.
(C) The Department of Defense shall provide for a representative from the Office of the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs to meet with the commissions in Colorado and Kentucky.
(3)(A) Each commission under this subsection shall be composed of nine members appointed by the Governor of the State. Seven of such members shall be citizens from the local affected areas in the State. The other two shall be representatives of State government who have direct responsibilities related to the chemical demilitarization program.
(B) For purposes of this paragraph, affected areas are those areas located within a 50-mile radius of a chemical weapons storage site.
(4) For a period of five years after the termination of any commission under this subsection, no corporation, partnership, or other organization in which a member of that commission, a spouse of a member of that commission, or a natural or adopted child of a member of that commission has an ownership interest may be awarded—
(A) a contract related to the disposal of lethal chemical agents or munitions in the stockpile referred to in subsection (a); or
(B) a subcontract under such a contract.
(5) The members of each commission under this subsection shall designate the chair of such commission from among the members of such commission.
(6) Each commission under this subsection shall meet with a representative from the Army, or the Office of the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs with respect to the commissions in Colorado and Kentucky, upon joint agreement between the chair of such commission and that representative. The two parties shall meet not less often than twice a year and may meet more often at their discretion.
(7) Members of each commission under this subsection shall receive no pay for their involvement in the activities of their commissions. Funds appropriated for the Chemical Stockpile Demilitarization Program may be used for travel and associated travel costs for commissioners of commissions under this subsection when such travel is conducted at the invitation of the Assistant Secretary of the Army (Acquisition, Logistics, and Technology) or the invitation of the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs for the commissions in Colorado and Kentucky.
(8) Each commission under this subsection shall be terminated after the closure activities required pursuant to regulations prescribed by the Administrator of the Environmental Protection Agency pursuant to the Solid Waste Disposal Act (
(n) Incentive clauses in chemical demilitarization contracts
(1)(A) The Secretary of Defense may, for the purpose specified in paragraph (B), authorize the inclusion of an incentives clause in any contract for the destruction of the United States stockpile of lethal chemical agents and munitions carried out pursuant to subsection (a).
(B) The purpose of a clause referred to in subparagraph (A) is to provide the contractor for a chemical demilitarization facility an incentive to accelerate the safe elimination of the United States chemical weapons stockpile and to reduce the total cost of the Chemical Demilitarization Program by providing incentive payments for the early completion of destruction operations and the closure of such facility.
(2)(A) An incentives clause under this subsection shall permit the contractor for the chemical demilitarization facility concerned the opportunity to earn incentive payments for the completion of destruction operations and facility closure activities within target incentive ranges specified in such clause.
(B) The maximum incentive payment under an incentives clause with respect to a chemical demilitarization facility may not exceed the following amounts:
(i) In the case of an incentive payment for the completion of destruction operations within the target incentive range specified in such clause, $110,000,000.
(ii) In the case of an incentive payment for the completion of facility closure activities within the target incentive range specified in such clause, $55,000,000.
(C) An incentives clause in a contract under this section shall specify the target incentive ranges of costs for completion of destruction operations and facility closure activities, respectively, as jointly agreed upon by the contracting officer and the contractor concerned. An incentives clause shall require a proportionate reduction in the maximum incentive payment amounts in the event that the contractor exceeds an agreed-upon target cost if such excess costs are the responsibility of the contractor.
(D) The amount of the incentive payment earned by a contractor for a chemical demilitarization facility under an incentives clause under this subsection shall be based upon a determination by the Secretary on how early in the target incentive range specified in such clause destruction operations or facility closure activities, as the case may be, are completed.
(E) The provisions of any incentives clause under this subsection shall be consistent with the obligation of the Secretary of Defense under subsection (d)(1)(A), to provide for maximum protection for the environment, the general public, and the personnel who are involved in the destruction of the lethal chemical agents and munitions.
(F) In negotiating the inclusion of an incentives clause in a contract under this subsection, the Secretary may include in such clause such additional terms and conditions as the Secretary considers appropriate.
(3)(A) No payment may be made under an incentives clause under this subsection unless the Secretary determines that the contractor concerned has satisfactorily performed its duties under such incentives clause.
(B) An incentives clause under this subsection shall specify that the obligation of the Government to make payment under such incentives clause is subject to the availability of appropriations for that purpose. Amounts appropriated for Chemical Agents and Munitions Destruction, Defense, shall be available for payments under incentives clauses under this subsection.
(o) Supplemental destruction technologies
In determining the technologies to supplement the neutralization destruction of the stockpile of lethal chemical agents and munitions at Pueblo Chemical Depot, Colorado, and Blue Grass Army Depot, Kentucky, the Secretary of Defense may consider the following:
(1) Explosive Destruction Technologies.
(2) Any technologies developed for the treatment and disposal of energetic or agent hydrolysates, if problems with the current on-site treatment of hydrolysates are encountered.
(p) Definitions
In 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 "Chemical Weapons Convention" means the Convention on the Prohibition of Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, with annexes, done at Paris, January 13, 1993, and entered into force April 29, 1997 (T. Doc. 103–21).
(3) 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.
(4) 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.
(
Editorial Notes
References in Text
The Solid Waste Disposal Act, referred to in subsecs. (c)(3) and (m)(8), is title II of
The Clean Air Act, referred to in subsec. (c)(3), is act July 14, 1955, ch. 360,
Codification
Section was enacted as part of the Department of Defense Authorization Act, 1986, and not as part of
Amendments
2019—Subsec. (f)(1).
Subsec. (g)(2).
2018—Subsec. (j).
Subsec. (j)(1).
Subsec. (j)(2).
2015—Subsec. (b)(3).
2013—Subsec. (i)(2)(E).
Subsec. (j)(2)(E).
Subsecs. (o), (p).
2011—
2008—Subsec. (c)(5)(B).
Subsec. (e)(3).
2006—Subsec. (c)(4).
2004—Subsec. (d).
2001—Subsec. (g)(2)(C)(vii).
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).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
"(1) take effect as of December 5, 1991; and
"(2) apply with respect to any cooperative agreement entered into on or after that date."
Termination of Reporting Requirements
For termination, effective Dec. 31, 2021, of provisions in subsecs. (i) and (j) of this section requiring submittal of annual and semiannual reports to Congress, see section 1061 of
Acquisition Reporting on Major Chemical Demilitarization Programs of the Department of Defense
"(a)
"(1) comply with reporting guidelines for an Acquisition Category 1 (ACAT 1) system; and
"(2) be reported separately from acquisition reporting on the other major program within the chemical demilitarization programs of the Department of Defense.
"(b)
"(1) Pueblo Chemical Agent Destruction Pilot Plant program, Colorado.
"(2) Blue Grass Chemical Agent Destruction Pilot Plant program, Kentucky."
Sense of Congress on Completion of Destruction of United States Chemical Weapons Stockpile
"(a)
"(1) The Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, done at Paris on January 13, 1993 (commonly referred to as the 'Chemical Weapons Convention'), requires that destruction of the entire United States chemical weapons stockpile be completed by not later than April 29, 2007.
"(2) In 2006, under the terms of the Chemical Weapons Convention, the United States requested and received a one-time, 5-year extension of its chemical weapons destruction deadline to April 29, 2012.
"(3) On April 10, 2006, the Secretary of Defense notified Congress that the United States would not meet even the extended deadline under the Chemical Weapons Convention for destruction of the United States chemical weapons stockpile, but would 'continue working diligently to minimize the time to complete destruction without sacrificing safety and security' and would also 'continue requesting resources needed to complete destruction as close to April 2012 as practicable'.
"(4) The United States chemical demilitarization program has met its one percent, 20 percent, and extended 45 percent destruction deadlines under the Chemical Weapons Convention.
"(5) Destroying the remaining stockpile of United States chemical weapons is imperative for public safety and homeland security, and doing so by April 2012, in accordance with the current destruction deadline provided under the Chemical Weapons Convention, is required by United States law.
"(6) The elimination of chemical weapons anywhere they exist in the world, and the prevention of their proliferation, is of utmost importance to the national security of the United States.
"(7) Section 921(b)(3) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
"(8) Section 921(b)(4) of that Act contained a sense of Congress urging the Secretary of Defense to propose a credible treatment and disposal process with the support of affected communities. In this regard, any such process should provide for sufficient communication and consultation between representatives of the Department of Defense and representatives of affected States and communities.
"(b)
"(1) the United States is, and must remain, committed to making every effort to safely dispose of its entire chemical weapons stockpile by April 2012, the current destruction deadline provided under the Chemical Weapons Convention, or as soon thereafter as possible, and must carry out all of its other obligations under the Convention; and
"(2) the Secretary of Defense should make every effort to plan for, and to request in the annual budget of the President submitted to Congress adequate funding to complete, the elimination of the United States chemical weapons stockpile in accordance with United States obligations under the Chemical Weapons Convention and in a manner that will protect public health, safety, and the environment, as required by law.
"[(c) Repealed.
Deadline for Destruction of Stockpile of Lethal Chemical Agents and Munitions
Incentives Clauses in Chemical Demilitarization Contracts
Management of Chemical Demilitarization Activities at Bluegrass Army Depot, Kentucky and Pueblo Army Depot, Colorado
Alternative Technologies for Destruction of Assembled Chemical Weapons
Pilot Program for Demilitarization of Assembled Chemical Munitions
Destruction of Existing Stockpile of Lethal Chemical Agents and Munitions
Chemical Demilitarization Citizens Advisory Commissions
Alternative Disposal Process for Low-Volume Sites; Revised Disposal Concept Plan
Sense of Congress Concerning International Consultation and Exchange Program
"Low-Volume Site" Defined
Revision of Chemical Demilitarization Program
1 So in original. Probably should be followed by a period.
§1521a. Destruction of existing stockpile of lethal chemical agents and munitions
(a) Program management
The Secretary of Defense shall ensure that the program for destruction of the United States stockpile of lethal chemical agents and munitions is managed as a major defense acquisition program (as defined in
(b) Requirement for Under Secretary of Defense (Comptroller) annual certification
Beginning with respect to the budget request for fiscal year 2004, the Under Secretary of Defense (Comptroller) shall submit to the congressional defense committees on an annual basis a certification that the budget request for the chemical agents and munitions destruction program has been submitted in accordance with the requirements of
(
Editorial Notes
Codification
Section was enacted as part of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, and not as part of
Amendments
2021—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by
"Congressional Defense Committees" Defined
Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of
§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)) 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 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) 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).
(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.
(
Editorial Notes
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1994, and not as part of
Amendments
2023—Subsec. (d)(2).
1996—Subsec. (c).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3), (4).
Statutory Notes and Related Subsidiaries
Implementation of GAO Recommendations on Preparedness of United States Forces To Counter North Korean Chemical and Biological Weapons
"(a)
"(1)
"(2)
"(A) a summary of actions that have been or will be taken to implement the recommendation; and
"(B) a schedule, with specific milestones, for completing implementation of the recommendation.
"(b)
"(c)
"(1)
"(2)
"(A)
"(B)
"(i) a specific justification for the decision not to implement the recommendation; and
"(ii) a summary of alternative actions the Secretary plans to take to address the conditions underlying the recommendation."
National Bio-Weapons Defense Analysis Center
[For transfer of functions, personnel, assets, and liabilities of the National Bio-Weapons Defense Analysis Center of the Department of Defense, including the functions of the Secretary of Defense related thereto, to the Secretary of Homeland Security, and for treatment of related references, see
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
Sense of Congress Concerning Federal Emergency Planning for Response to Terrorist Threats
"(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.
(10) A description of the coordination and integration of the program of the Defense Advanced Research Projects Agency (DARPA) on basic and applied research and advanced technology development on chemical and biological warfare defense technologies and systems under
(A) an assessment of the degree to which the DARPA program is coordinated and integrated with, and supports the objectives and requirements of, the overall program of the Department of Defense; and
(B) the means by which the Department determines the level of such coordination and support.
(
Editorial Notes
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1994, and not as part of
Amendments
2006—Subsec. (b)(10).
1997—Subsec. (b)(9).
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective Dec. 31, 2021, of provisions of this section requiring submittal of annual report to Congress, see section 1061 of
§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) and shall identify resource requirements that are not within the Department's capability.
(
Editorial Notes
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1994, and not as part of
Statutory Notes and Related Subsidiaries
"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) 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.
(
Editorial Notes
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), 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) shall not apply to any activity conducted pursuant to title V of the National Security Act of 1947 [
(
Editorial Notes
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
§1527. Improved biosafety for handling of select agents and toxins
(a) Quality control and quality assurance program
The Secretary of Defense, acting through the executive agent for the biological select agent and toxin biosafety program of the Department of Defense, shall carry out a program to implement certain quality control and quality assurance measures at each covered facility.
(b) Quality control and quality assurance measures
Subject to subsection (c), the quality control and quality assurance measures implemented at each covered facility under subsection (a) shall include the following:
(1) Designation of an external manager to oversee quality assurance and quality control.
(2) Environmental sampling and inspection.
(3) Production procedures that prohibit operations where live biological select agents and toxins are used in the same laboratory where viability testing is conducted.
(4) Production procedures that prohibit work on multiple organisms or multiple strains of one organism within the same biosafety cabinet.
(5) A video surveillance program that uses video monitoring as a tool to improve laboratory practices in accordance with regulatory requirements.
(6) Formal, recurring data reviews of production in an effort to identify data trends and nonconformance issues before such issues affect end products.
(7) Validated protocols for production processes to ensure that process deviations are adequately vetted prior to implementation.
(8) Maintenance and calibration procedures and schedules for all tools, equipment, and irradiators.
(c) Waiver
In carrying out the program under subsection (a), the Secretary may waive any of the quality control and quality assurance measures required under subsection (b) in the interest of national defense.
(d) Study and report required
(1) Study
The Secretary of Defense shall carry out a study to evaluate—
(A) the feasibility of consolidating covered facilities within a unified command to minimize risk;
(B) opportunities to partner with industry for the production of biological select agents and toxins and related services in lieu of maintaining such capabilities within the Department of the Army; and
(C) whether operations under the biological select agent and toxin production program should be transferred to another government or commercial laboratory that may be better suited to execute production for non-Department of Defense customers.
(2) Report
Not later than February 1, 2017, the Secretary shall submit to the congressional defense committees a report on the results of the study under paragraph (1).
(e) Comptroller General review
Not later than September 1, 2017, the Comptroller General of the United States shall submit to the congressional defense committees a report that includes the following:
(1) A review of—
(A) the actions taken by the Department of Defense to address the findings and recommendations of the report of the Department of the Army titled "Individual and Institutional Accountability for the Shipment of Viable Bacillus Anthracis from Dugway Proving Grounds", dated December 15, 2015, including any actions taken to address the culture of complacency in the biological select agent and toxin production program identified in such report; and
(B) the progress of the Secretary in carrying out the program under subsection (a).
(2) An analysis of the study and report under subsection (d).
(f) Definitions
In this section:
(1) The term "biological select agent and toxin" means any agent or toxin identified under—
(A) section 331.3 of title 7, Code of Federal Regulations;
(B) section 121.3 or section 121.4 of title 9, Code of Federal Regulations; or
(C) section 73.3 or section 73.4 of title 42, Code of Federal Regulations.
(2) The term "covered facility" means any facility of the Department of Defense that produces biological select agents and toxins.
(
Editorial Notes
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2017, and not as part of
Statutory Notes and Related Subsidiaries
Notification of Safety and Security Concerns at Certain Department of Defense Laboratories
"(a)
"(b)
"(1) the reason why operations have ceased at the laboratory or facility;
"(2) whether appropriate notification to other Federal agencies has occurred;
"(3) a description of the actions taken to determine the root cause of the cessation; and
"(4) a description of the actions taken to restore operations at the laboratory or facility."
"Congressional Defense Committees" Defined
Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of
§1528. Congressional notification of biological select agent and toxin theft, loss, or release involving the Department of Defense
(a) Notification
(1) Subject to paragraph (2), not later than 45 days after a covered report of any theft, loss, or release of a biological select agent or toxin involving the Department of Defense is filed with the Centers for Disease Control and Prevention or the Animal and Plant Health Inspection Service, the Secretary of Defense, acting through the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs, shall provide to the congressional defense committees notice of such theft, loss, or release.
(2) The Secretary shall provide to the congressional defense committees notice of a release under paragraph (1) only if the Secretary, acting through the Assistant Secretary, determines that the release is outside the barriers of secondary containment into the ambient air or environment or is causing occupational exposure that presents a threat to public safety.
(3) In this subsection, the term "covered report" means a report filed under any of the following (or any successor regulations):
(A) Section 331.19 of title 7, Code of Federal Regulations.
(B) Section 121.19 of title 9, Code of Federal Regulations.
(C) Section 73.19 of title 42, Code of Federal Regulations.
(b) Elements
Notice of a theft, loss, or release of a biological select agent or toxin under subsection (a) shall include each of the following:
(1) The name of the agent or toxin and any identifying information, including the strain or other relevant characterization information.
(2) An estimate of the quantity of the agent or toxin stolen, lost, or released.
(3) The location or facility from which the theft, loss, or release occurred.
(4) In the case of a release, any hazards posed by the release and the number of individuals potentially exposed to the agent or toxin.
(5) Actions taken to respond to the theft, loss, or release.
(
Editorial Notes
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2017, and not as part of
Amendments
2023—Subsec. (a).
Statutory Notes and Related Subsidiaries
"Congressional Defense Committees" Defined
Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of