
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC1522]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
           CHAPTER 32--CHEMICAL AND BIOLOGICAL WARFARE PROGRAM
 
Sec. 1522. Conduct of chemical and biological defense program


(a) General

    The Secretary of Defense shall carry out the chemical and biological 
defense program of the United States in accordance with the provisions 
of this section.

(b) Management and oversight

    In carrying out his responsibilities under this section, the 
Secretary of Defense shall do the following:
        (1) Assign responsibility for overall coordination and 
    integration of the chemical and biological warfare defense program 
    and the chemical and biological medical defense program to a single 
    office within the Office of the Secretary of Defense.
        (2) Take those actions necessary to ensure close and continuous 
    coordination between (A) the chemical and biological warfare defense 
    program, and (B) the chemical and biological medical defense 
    program.
        (3) Exercise oversight over the chemical and biological defense 
    program through the Defense Acquisition Board process.

(c) Coordination of program

    (1) The Secretary of Defense shall designate the Army as executive 
agent for the Department of Defense to coordinate and integrate 
research, development, test, and evaluation, and acquisition, 
requirements of the military departments for chemical and biological 
warfare defense programs of the Department of Defense.
    (2) The Director of the Defense Advanced Research Projects Agency 
may conduct a program of basic and applied research and advanced 
technology development on chemical and biological warfare defense 
technologies and systems. In conducting such program, the Director shall 
seek to avoid unnecessary duplication of the activities under the 
program with chemical and biological warfare defense activities of the 
military departments and defense agencies and shall coordinate the 
activities under the program with those of the military departments and 
defense agencies.

(d) Funding

    (1) The budget for the Department of Defense for each fiscal year 
after fiscal year 1994 shall reflect a coordinated and integrated 
chemical and biological defense program for the Department of Defense.
    (2) Funding requests for the program (other than for activities 
under the program conducted by the Defense Advanced Research Projects 
Agency under subsection (c)(2) of this section) shall be set forth in 
the budget of the Department of Defense for each fiscal year as a 
separate account, with a single program element for each of the 
categories of research, development, test, and evaluation, acquisition, 
and military construction. Amounts for military construction projects 
may be set forth in the annual military construction budget. Funds for 
military construction for the program in the military construction 
budget shall be set forth separately from other funds for military 
construction projects. Funding requests for the program may not be 
included in the budget accounts of the military departments.
    (3) The program conducted by the Defense Advanced Research Projects 
Agency under subsection (c)(2) of this section shall be set forth as a 
separate program element in the budget of that agency.
    (4) All funding requirements for the chemical and biological defense 
program shall be reviewed by the Secretary of the Army as executive 
agent pursuant to subsection (c) of this section.

(e) Management review and report

    (1) The Secretary of Defense shall conduct a review of the 
management structure of the Department of Defense chemical and 
biological warfare defense program, including--
        (A) research, development, test, and evaluation;
        (B) procurement;
        (C) doctrine development;
        (D) policy;
        (E) training;
        (F) development of requirements;
        (G) readiness; and
        (H) risk assessment.

    (2) Not later than May 1, 1994, the Secretary shall submit to 
Congress a report that describes the details of measures being taken to 
improve joint coordination and oversight of the program and ensure a 
coherent and effective approach to its management.

(Pub. L. 103-160, div. A, title XVII, Sec. 1701, Nov. 30, 1993, 107 
Stat. 1853; Pub. L. 104-201, div. A, title II, Sec. 228, Sept. 23, 1996, 
110 Stat. 2460.)

                          Codification

    Section was enacted as part of the National Defense Authorization 
Act for Fiscal Year 1994, and not as part of Pub. L. 91-121, title IV, 
Sec. 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.


                               Amendments

    1996--Subsec. (c). Pub. L. 104-201, Sec. 228(a), designated existing 
provisions as par. (1) and added par. (2).
    Subsec. (d)(1). Pub. L. 104-201, Sec. 228(b)(1), substituted 
``program for the Department of Defense'' for ``program for the military 
departments''.
    Subsec. (d)(2). Pub. L. 104-201, Sec. 228(b)(2), in first sentence, 
inserted ``(other than for activities under the program conducted by the 
Defense Advanced Research Projects Agency under subsection (c)(2) of 
this section)'' after ``requests for the program''.
    Subsec. (d)(3), (4). Pub. L. 104-201, Sec. 228(b)(3), (4), added 
par. (3) and redesignated former par. (3) as (4).


                        Chemical Warfare Defense

    Pub. L. 105-261, div. A, title II, Sec. 247, Oct. 17, 1998, 112 
Stat. 1956, provided that:
    ``(a) Review and Modification of Policies and Doctrines.--The 
Secretary of Defense shall review the policies and doctrines of the 
Department of Defense on chemical warfare defense and modify the 
policies and doctrine as appropriate to achieve the objectives set forth 
in subsection (b).
    ``(b) Objectives.--The objectives for the modification of policies 
and doctrines of the Department of Defense on chemical warfare defense 
are as follows:
        ``(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) Research Program.--The Secretary of Defense shall develop and 
carry out a plan to establish a research program for determining the 
effects of exposures to chemical warfare agents of the type described in 
subsection (b). The research shall be designed to yield results that can 
guide the Secretary in the evolution of policy and doctrine on exposures 
to chemical warfare agents and to develop new risk assessment methods 
and instruments with respect to such exposures. The plan shall state the 
objectives and scope of the program and include a 5-year funding plan.
    ``(d) Report.--Not later than May 1, 1999, the Secretary of Defense 
shall submit to the Committee on Armed Services of the Senate and the 
Committee on National Security of the House of Representatives [now 
Committee on Armed Services of the House of Representatives] a report on 
the results of the review under subsection (a) and on the research 
program developed under subsection (c). The report shall include the 
following:
        ``(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

    Pub. L. 104-132, title V, Sec. 521(b), Apr. 24, 1996, 110 Stat. 
1286, provided that:
    ``(1) Findings.--The Congress finds that--
        ``(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) Study of facility.--
        ``(A) In general.--The President shall establish an interagency 
    task force to determine the feasibility and advisability of 
    establishing a facility that recreates both an urban environment and 
    a suburban environment in such a way as to permit the effective 
    testing, training, and evaluation in such environments of government 
    personnel who are responsible for responding to the use of chemical 
    and biological weapons in the United States.
        ``(B) Description of facility.--The facility considered under 
    subparagraph (A) shall include--
            ``(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) Sense of congress.--It is the sense of Congress that the 
    facility considered under subparagraph (A) shall, if established--
            ``(i) be under the jurisdiction of the Secretary of Defense; 
        and
            ``(ii) be located at a principal facility of the Department 
        of Defense for the testing and evaluation of the use of chemical 
        and biological weapons during any period of armed conflict.''


  Consolidation of Chemical and Biological Defense Training Activities

    Section 1702 of Pub. L. 103-160 provided that: ``The Secretary of 
Defense shall consolidate all chemical and biological warfare defense 
training activities of the Department of Defense at the United States 
Army Chemical School.''


Sense of Congress Concerning Federal Emergency Planning for Response to 
                            Terrorist Threats

    Section 1704 of Pub. L. 103-160 provided that: ``It is the sense of 
Congress that the President should strengthen Federal interagency 
emergency planning by the Federal Emergency Management Agency and other 
appropriate Federal, State, and local agencies for development of a 
capability for early detection and warning of and response to--
        ``(1) potential terrorist use of chemical or biological agents 
    or weapons; and
        ``(2) emergencies or natural disasters involving industrial 
    chemicals or the widespread outbreak of disease.''
