
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC1512]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
           CHAPTER 32--CHEMICAL AND BIOLOGICAL WARFARE PROGRAM
 
Sec. 1512. Transportation, open air testing, and disposal; 
        Presidential determination; report to Congress; notice to 
        Congress and State Governors
        
    None of the funds authorized to be appropriated by this Act or any 
other Act may be used for the transportation of any lethal chemical or 
any biological warfare agent to or from any military installation in the 
United States, or the open air testing of any such agent within the 
United States, or the disposal of any such agent within the United 
States until the following procedures have been implemented:
        (1) the Secretary of Defense (hereafter referred to in this 
    chapter as the ``Secretary'') has determined that the transportation 
    or testing proposed to be made is necessary in the interests of 
    national security;
        (2) the Secretary has brought the particulars of the proposed 
    transportation, testing, or disposal to the attention of the 
    Secretary of Health and Human Services, who in turn may direct the 
    Surgeon General of the Public Health Service and other qualified 
    persons to review such particulars with respect to any hazards to 
    public health and safety which such transportation, testing, or 
    disposal may pose and to recommend what precautionary measures are 
    necessary to protect the public health and safety;
        (3) the Secretary has implemented any precautionary measures 
    recommended in accordance with paragraph (2) above (including, where 
    practicable, the detoxification of any such agent, if such agent is 
    to be transported to or from a military installation for disposal): 
    Provided, however, That in the event the Secretary finds the 
    recommendation submitted by the Surgeon General would have the 
    effect of preventing the proposed transportation, testing, or 
    disposal, the President may determine that overriding considerations 
    of national security require such transportation, testing, or 
    disposal be conducted. Any transportation, testing, or disposal 
    conducted pursuant to such a Presidential determination shall be 
    carried out in the safest practicable manner, and the President 
    shall report his determination and an explanation thereof to the 
    President of the Senate and the Speaker of the House of 
    Representatives as far in advance as practicable; and
        (4) the Secretary has provided notification that the 
    transportation, testing, or disposal will take place, except where a 
    Presidential determination has been made: (A) to the President of 
    the Senate and the Speaker of the House of Representatives at least 
    10 days before any such transportation will be commenced and at 
    least 30 days before any such testing or disposal will be commenced; 
    (B) to the Governor of any State through which such agents will be 
    transported, such notification to be provided appropriately in 
    advance of any such transportation.

(Pub. L. 91-121, title IV, Sec. 409(b), Nov. 19, 1969, 83 Stat. 209; 
Pub. L. 91-441, title V, Sec. 506(b)(1), Oct. 7, 1970, 84 Stat. 912; 
Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)

                       References in Text

    This Act, referred to in provision preceding par. (1), means Pub. L. 
91-121, Nov. 19, 1969, 83 Stat. 204, as amended. Provisions authorizing 
the appropriation of funds are not classified to the Code. For complete 
classification of this Act to the Code, see Tables.


                               Amendments

    1970--Pub. L. 91-441 inserted reference to the disposal of lethal 
chemical or biological warfare agents in the United States.

                         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 Pub. L. 96-88 which is classified to section 3508(b) 
of Title 20, Education.


   Chemical Munitions Transportation From Okinawa to the United States

    Pub. L. 91-672, Sec. 13, Jan. 12, 1971, 84 Stat. 2055, provided 
that: ``No funds authorized or appropriated pursuant to this or any 
other law may be used to transport chemical munitions from the Island of 
Okinawa to the United States. Such funds as are necessary for the 
detoxification or destruction of the above described chemical munitions 
are hereby authorized and shall be used for the detoxification or 
destruction of chemical munitions only outside the United States. For 
purposes of this section, the term `United States' means the several 
States and the District of Columbia.''

   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:
    Section 1. The Secretary of Defense shall take all necessary 
measures to ensure that the use by the Armed Forces of the United States 
of any riot control agents and chemical herbicides in war is prohibited 
unless such use has Presidential approval, in advance.
    Sec. 2. The Secretary of Defense shall prescribe the rules and 
regulations he deems necessary to ensure that the national policy herein 
announced shall be observed by the Armed Forces of the United States.
                                                         Gerald R. Ford.
