USC Chapter 32

in effect

50 U.S.C. § 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 11 See References in Text note below. [50 U.S.C. 1512, 1513–1515, 1517] 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.

50 U.S.C. § 1512a Transportation of chemical munitions

(a) Prohibition of transportation across State linesThe 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 stockpileIn 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.

50 U.S.C. § 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.

50 U.S.C. § 1514 “United States” defined

Unless otherwise indicated, as used in this section 11 See References in Text note below. [50 U.S.C. 1512, 1513–1515, 1517] the term “United States” means the several States the District of Columbia, and the territories and possessions of the United States.

50 U.S.C. § 1515 Suspension; Presidential authorization

After November 19, 1969, the operation of this section 11 See References in Text note below. [50 U.S.C. 1512, 1513–1515, 1517], 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.

50 U.S.C. § 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.

50 U.S.C. § 1517 Immediate disposal when health or safety are endangered

Nothing contained in this section 11 See References in Text note below. [50 U.S.C. 1512, 1513–1515, 1517] 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 section 1 would clearly endanger the health or safety of any person.

50 U.S.C. § 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.

50 U.S.C. § 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.

50 U.S.C. § 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.

50 U.S.C. § 1520a Restrictions on use of human subjects for testing of chemical or biological agents

(a) Prohibited activitiesThe 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) ExceptionsSubject 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 requiredThe 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 CongressNot 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” definedIn 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.

50 U.S.C. § 1521 Destruction of existing stockpile of lethal chemical agents and munitions

(a) In generalThe 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 operationsThe 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 (42 U.S.C. 6901 et seq.) and the Clean Air Act (42 U.S.C. 7401 et seq.) for chemical munitions demilitarization operations at that installation, as approved by the appropriate State regulatory agencies. (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 section 5304(l) of title 25. (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 11 So in original. Probably should be followed by a period. (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 chemicalsConsistent 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 programThe 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 Deterrence, Chemical, and Biological Defense Policy and 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 Deterrence, Chemical, and Biological Defense Policy and 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 Deterrence, Chemical, and Biological Defense Policy and 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 Deterrence, Chemical, and Biological Defense Policy and 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 (42 U.S.C. 6901 et seq.) have been completed for the chemical agent destruction facility in such commission’s State, or upon the request of the Governor of such commission’s State, whichever occurs first. (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 technologiesIn 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) DefinitionsIn 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.

50 U.S.C. § 1521a Destruction of existing stockpile of lethal chemical agents and munitions

(a) Program managementThe 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 section 4201 of title 10) in accordance with the essential elements of such programs as may be determined by the Secretary. (b) Requirement for Under Secretary of Defense (Comptroller) annual certificationBeginning 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 section 1521 of this title.

50 U.S.C. § 1522 Conduct of chemical and biological defense program

(a) GeneralThe 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 oversightIn 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.

50 U.S.C. § 1523 Annual report on chemical and biological warfare defense

(a) Report requiredThe Secretary of Defense shall include in the annual report of the Secretary under section 113(c) of title 10 a report on chemical and biological warfare defense. The report shall assess—(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 includedThe 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 section 1522(c)(2) of this title with the overall program of the Department of Defense on chemical and biological warfare defense, including—(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.

50 U.S.C. § 1524 Agreements to provide support to vaccination programs of Department of Health and Human Services

(a) Agreements authorizedThe 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) ReportNot 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.

50 U.S.C. § 1525 Assistance for facilities subject to inspection under Chemical Weapons Convention

(a) Assistance authorizedUpon 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 requirementThe 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) DefinitionsIn 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.

50 U.S.C. § 1526 Effective use of resources for nonproliferation programs

(a) ProhibitionExcept 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) ExceptionThe prohibition contained in subsection (a) shall not apply to any activity conducted pursuant to title V of the National Security Act of 1947 [50 U.S.C. 3091 et seq.].

50 U.S.C. § 1527 Improved biosafety for handling of select agents and toxins

(a) Quality control and quality assurance programThe 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 measuresSubject 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) WaiverIn 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) StudyThe 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) ReportNot 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 reviewNot 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) DefinitionsIn 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.

50 U.S.C. § 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 Deterrence, Chemical, and Biological Defense Policy and 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) ElementsNotice 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.