50 U.S.C. § 1522 — Conduct of chemical and biological de-

Page 124 TITLE 50—WAR AND NATIONAL DEFENSE § 1521a I, § 153(a), Feb. 10, 1996, 110 Stat. 215; Pub. L. 104–201, div. A, title X, § 1073(d), Sept. 23, 1996, 110 Stat. 2658; Pub. L. 110–181, div. A, title IX, § 921, Jan. 28, 2008, 122 Stat. 282; Pub. L. 110–417, [div. A], title IX, § 921, Oct. 14, 2008, 122 Stat. 4573; Pub. L. 111–84, div. A, title X, § 1073(c)(8), Oct. 28, 2009, 123 Stat. 2475, which directed the Secretary of the Army to establish a Chemical Demilitarization Citizens’ Advisory Commission in each State in which there existed a low-volume chemical weapons storage site in order to receive citizen and State concerns re- garding the program for the disposal of lethal chemical agents and munitions, and provided for termination of each such commission after completion of closure ac- tivities or upon request of the State’s Governor, was re- pealed by Pub. L. 111–383, div. A, title XIV, § 1421(b)(2), Jan. 7, 2011, 124 Stat. 4420. ALTERNATIVE DISPOSAL PROCESS FOR LOW-VOLUME SITES; REVISED DISPOSAL CONCEPT PLAN Pub. L. 102–484, div. A, title I, §§ 174, 175, Oct. 23, 1992, 106 Stat. 2344, as amended by Pub. L. 103–160, div. A, title I, § 155(b), Nov. 30, 1993, 107 Stat. 1579, which re- lated to use of an alternative technology process for the destruction of chemical weapons at low-volume sites and required a revised chemical weapons disposal concept plan incorporating such process if employed, was repealed by Pub. L. 111–383, div. A, title XIV, § 1421(b)(2), Jan. 7, 2011, 124 Stat. 4420. SENSE OF CONGRESS CONCERNING INTERNATIONAL CONSULTATION AND EXCHANGE PROGRAM Pub. L. 102–484, div. A, title I, § 178, Oct. 23, 1992, 106 Stat. 2346, provided that: ‘‘It is the sense of Congress that the Secretary of Defense, in consultation with the Secretary of State, should establish, with other nations that are anticipated to be signatories to an inter- national agreement or treaty banning chemical weap- ons, a program under which consultation and exchange concerning chemical weapons disposal technology could be enhanced. Such a program shall be used to fa- cilitate the exchange of technical information and ad- vice concerning the disposal of chemical weapons among signatory nations and to further the develop- ment of safer, more cost-effective methods for the dis- posal of chemical weapons.’’ ‘‘LOW-VOLUME SITE’’ DEFINED Pub. L. 102–484, div. A, title I, § 180, Oct. 23, 1992, 106 Stat. 2347, which defined ‘‘low-volume site’’ for pur- poses of subtitle G (§§ 171–180) of title I of div. A of Pub. L. 102–484, was repealed by Pub. L. 111–383, div. A, title XIV, § 1421(b)(2), Jan. 7, 2011, 124 Stat. 4420. REVISION OF CHEMICAL DEMILITARIZATION PROGRAM Pub. L. 100–180, div. A, title I, § 125, Dec. 4, 1987, 101 Stat. 1043, which directed the Secretary of Defense to issue an environmental impact statement, submit to congressional committees an alternative concept plan for the chemical stockpile demilitarization program, and conduct ongoing surveillance and assessment of the stockpile, was repealed by Pub. L. 111–383, div. A, title XIV, § 1421(b)(1), Jan. 7, 2011, 124 Stat. 4420. § 1521a. Destruction of existing stockpile of le- thal 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 muni- tions 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 Sec- retary. (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 De- fense (Comptroller) shall submit to the congres- sional defense committees on an annual basis a certification that the budget request for the chemical agents and munitions destruction pro- gram has been submitted in accordance with the requirements of section 1521 of this title. (Pub. L. 107–314, div. A, title I, § 141, Dec. 2, 2002, 116 Stat. 2477; Pub. L. 116–283, div. A, title XVIII, § 1846(i)(6), Jan. 1, 2021, 134 Stat. 4252; Pub. L. 117–81, div. A, title XVII, § 1702(k)(1), Dec. 27, 2021, 135 Stat. 2160.) Editorial Notes CODIFICATION Section was enacted as part of the Bob Stump Na- tional Defense Authorization Act for Fiscal Year 2003, and not as part of Pub. L. 91–121, title IV, § 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 and Pub. L. 117–81 amended subsec. (a) identically, substituting ‘‘section 4201’’ for ‘‘section 2430’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of Title 10, Armed Forces. ‘‘CONGRESSIONAL DEFENSE COMMITTEES’’ DEFINED Congressional defense committees means the Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 107–314, 116 Stat. 2471. See note under section 101 of Title 10, Armed Forces. § 1522. Conduct of chemical and biological de- fense 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 coordi- nation and integration of the chemical and bi- ological warfare defense program and the chemical and biological medical defense pro- gram 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 De- fense 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, Page 125 TITLE 50—WAR AND NATIONAL DEFENSE § 1522 development, test, and evaluation, and acquisi- tion, requirements of the military departments for chemical and biological warfare defense pro- grams of the Department of Defense. (2) The Director of the Defense Advanced Re- search Projects Agency may conduct a program of basic and applied research and advanced tech- nology development on chemical and biological warfare defense technologies and systems. In conducting such program, the Director shall seek to avoid unnecessary duplication of the ac- tivities under the program with chemical and bi- ological warfare defense activities of the mili- tary departments and defense agencies and shall coordinate the activities under the program with those of the military departments and de- fense 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 Depart- ment 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 cat- egories of research, development, test, and eval- uation, 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 re- quests for the program may be included in the budget accounts of the military departments. (3) The program conducted by the Defense Ad- vanced Research Projects Agency under sub- section (c)(2) shall be set forth as a separate pro- gram 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 De- partment of Defense chemical and biological warfare defense program, including— (A) research, development, test, and evalua- tion; (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, § 1701, Nov. 30, 1993, 107 Stat. 1853; Pub. L. 104–201, div. A, title II, § 228, Sept. 23, 1996, 110 Stat. 2460; Pub. L. 118–31, div. A, title X, § 1047, Dec. 22, 2023, 137 Stat. 392.) Editorial Notes 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, § 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter. AMENDMENTS 2023—Subsec. (d)(2). Pub. L. 118–31 substituted ‘‘may be included in the budget accounts’’ for ‘‘may not be in- cluded in the budget accounts’’. 1996—Subsec. (c). Pub. L. 104–201, § 228(a), designated existing provisions as par. (1) and added par. (2). Subsec. (d)(1). Pub. L. 104–201, § 228(b)(1), substituted ‘‘program for the Department of Defense’’ for ‘‘program for the military departments’’. Subsec. (d)(2). Pub. L. 104–201, § 228(b)(2), in first sen- tence, inserted ‘‘(other than for activities under the program conducted by the Defense Advanced Research Projects Agency under subsection (c)(2))’’ after ‘‘re- quests for the program’’. Subsec. (d)(3), (4). Pub. L. 104–201, § 228(b)(3), (4), added par. (3) and redesignated former par. (3) as (4). Statutory Notes and Related Subsidiaries IMPLEMENTATION OF GAO RECOMMENDATIONS ON PRE- PAREDNESS OF UNITED STATES FORCES TO COUNTER NORTH KOREAN CHEMICAL AND BIOLOGICAL WEAPONS Pub. L. 116–283, div. A, title XII, § 1259, Jan. 1, 2021, 134 Stat. 3958, provided that: ‘‘(a) PLAN REQUIRED.— ‘‘(1) IN GENERAL.—The Secretary of Defense shall develop a plan to address the recommendations in the U.S. Government Accountability Office’s report enti- tled ‘Preparedness of U.S. Forces to Counter North Korean Chemical and Biological Weapons’ (GAO–21–104C). ‘‘(2) ELEMENTS.—The plan required under paragraph (1) shall, with respect to each recommendation in the report described in paragraph (1) that the Secretary of Defense has implemented or intends to implement, include— ‘‘(A) a summary of actions that have been or will be taken to implement the recommendation; and ‘‘(B) a schedule, with specific milestones, for com- pleting implementation of the recommendation. ‘‘(b) SUBMISSION TO CONGRESS.—Not later than 1 year after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall submit to the con- gressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] the plan required under sub- section (a). ‘‘(c) DEADLINE FOR IMPLEMENTATION.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), not later than 18 months after the date of the en- actment of this Act, the Secretary of Defense shall carry out activities to implement the plan developed under subsection (a). ‘‘(2) EXCEPTION FOR IMPLEMENTATION OF CERTAIN RECOMMENDATIONS.— ‘‘(A) DELAYED IMPLEMENTATION.—The Secretary of Defense may initiate implementation of a rec- ommendation in the report described in subsection (a)(1) after the date specified in paragraph (1) if the Secretary provides the congressional defense com- mittees with a specific justification for the delay in implementation of such recommendation on or be- fore such date. ‘‘(B) NONIMPLEMENTATION.—The Secretary of De- fense may decide not to implement a recommenda- tion in the report described in subsection (a)(1) if Page 126 TITLE 50—WAR AND NATIONAL DEFENSE § 1522 the Secretary provides to the congressional defense committees, on or before the date specified in para- graph (1)— ‘‘(i) a specific justification for the decision not to implement the recommendation; and ‘‘(ii) a summary of alternative actions the Sec- retary plans to take to address the conditions un- derlying the recommendation.’’ NATIONAL BIO-WEAPONS DEFENSE ANALYSIS CENTER Pub. L. 107–296, title XVII, § 1708, Nov. 25, 2002, 116 Stat. 2318, provided that: ‘‘There is established in the Department of Defense a National Bio-Weapons Defense Analysis Center, whose mission is to develop counter- measures to potential attacks by terrorists using weap- ons of mass destruction.’’ [For transfer of functions, personnel, assets, and li- abilities 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 treat- ment of related references, see sections 183(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] CHEMICAL WARFARE DEFENSE Pub. L. 105–261, div. A, title II, § 247, Oct. 17, 1998, 112 Stat. 1956, provided that: ‘‘(a) REVIEW AND MODIFICATION OF POLICIES AND DOC- TRINES.—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 (in- cluding chronic and low-level exposure to a chemical warfare agent) that would endanger the health of ex- posed 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 ra- diation present in the environment; ‘‘(iii) preventive medications (that are dan- gerous when taken concurrently with other dan- gerous exposures referred to in this paragraph); ‘‘(iv) diesel fuel, jet fuel, and other hydro- carbon-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 sub- paragraph (B), over time. ‘‘(2) To provide for— ‘‘(A) the prevention of and protection against, and the detection (including confirmation) of, expo- sures to a chemical warfare agent (whether inten- tional or inadvertent) at levels that, even if not suf- ficient 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 popu- lation; and ‘‘(B) the recording, reporting, coordinating, and retaining of information on possible exposures de- scribed in subparagraph (A), including the moni- toring 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 mis- sion requirements that are specifically applicable for one or more of the Armed Forces in a protracted con- flict 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 re- search program for determining the effects of exposures to chemical warfare agents of the type described in sub- section (b). The research shall be designed to yield re- sults 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 Sec- retary 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 Rep- resentatives] a report on the results of the review under subsection (a) and on the research program de- veloped 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 chem- ical warfare defense. ‘‘(3) The plan for the research program.’’ STUDY OF FACILITY FOR TRAINING AND EVALUATION OF CHEMICAL OR BIOLOGICAL WEAPONS RESPONSE PER- SONNEL Pub. L. 104–132, title V, § 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 biologi- cal weapons by Third World countries and by ter- rorist 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 respon- sibilities effectively; and ‘‘(C) a facility that recreates urban and suburban locations would provide an especially effective envi- ronment 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 recre- ates both an urban environment and a suburban envi- ronment in such a way as to permit the effective test- ing, training, and evaluation in such environments of government personnel who are responsible for re- sponding to the use of chemical and biological weap- ons in the United States. ‘‘(B) DESCRIPTION OF FACILITY.—The facility consid- ered under subparagraph (A) shall include— ‘‘(i) facilities common to urban environments (in- cluding 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 labora- tories, small buildings, and dwellings; ‘‘(iii) the capacity to produce controllable re- leases of chemical and biological agents into sew- age, 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 effec- tiveness of a variety of protective clothing and fa- Page 127 TITLE 50—WAR AND NATIONAL DEFENSE § 1523 cilities and survival techniques in urban areas and suburban areas; and ‘‘(vi) the capacity to test and evaluate the effec- tiveness of variable sensor arrays (including video, audio, meteorological, chemical, and biosensor ar- rays) in urban areas and suburban areas. ‘‘(C) SENSE OF CONGRESS.—It is the sense of Con- gress 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 De- partment of Defense for the testing and evaluation of the use of chemical and biological weapons dur- ing any period of armed conflict.’’ CONSOLIDATION OF CHEMICAL AND BIOLOGICAL DEFENSE TRAINING ACTIVITIES Pub. L. 103–160, div. A, title XVII, § 1702, Nov. 30, 1993, 107 Stat. 1854, provided that: ‘‘The Secretary of Defense shall consolidate all chemical and biological warfare defense training activities of the Department of De- fense at the United States Army Chemical School.’’ SENSE OF CONGRESS CONCERNING FEDERAL EMERGENCY PLANNING FOR RESPONSE TO TERRORIST THREATS Pub. L. 103–160, div. A, title XVII, § 1704, Nov. 30, 1993, 107 Stat. 1855, provided that: ‘‘It is the sense of Con- gress that the President should strengthen Federal interagency emergency planning by the Federal Emer- gency Management Agency and other appropriate Fed- eral, State, and local agencies for development of a ca- pability for early detection and warning of and re- sponse to— ‘‘(1) potential terrorist use of chemical or biological agents or weapons; and ‘‘(2) emergencies or natural disasters involving in- dustrial chemicals or the widespread outbreak of dis- ease.’’ § 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 section 113(c) of title 10 a report on chemical and bio- logical warfare defense. The report shall assess— (1) the overall readiness of the Armed Forces to fight in a chemical-biological warfare envi- ronment and shall describe steps taken and planned to be taken to improve such readi- ness; and (2) requirements for the chemical and bio- logical warfare defense program, including re- quirements for training, detection, and protec- tive 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 capa- bilities of fielded chemical and biological de- fense equipment to meet wartime and peace- time requirements for support of the Armed Forces, including individual protective items. (2) The status of research and development programs, and acquisition programs, for re- quired improvements in chemical and biologi- cal 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 meas- ures 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 man- agement 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 de- fense preparations that have been and are being undertaken by the Department of De- fense to address needs which may arise under article X of the Chemical Weapons Conven- tion. (8) A summary of other preparations under- taken by the Department of Defense and the On-Site Inspection Agency to prepare for and to assist in the implementation of the conven- tion, including activities such as training for inspectors, preparation of defense installa- tions for inspections under the convention using the Defense Treaty Inspection Readiness Program, provision of chemical weapons de- tection 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 cov- ered 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 bio- logical agent tested; and (D) the Secretary’s certification that in- formed 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 in- tegration of the program of the Defense Ad- vanced Research Projects Agency (DARPA) on basic and applied research and advanced tech- nology development on chemical and biologi- cal 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, in- cluding— (A) an assessment of the degree to which the DARPA program is coordinated and inte- grated 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. (Pub. L. 103–160, div. A, title XVII, § 1703, Nov. 30, 1993, 107 Stat. 1854; Pub. L. 105–85, div. A, title X,