50 U.S.C. § 1526 — Effective use of resources for non-

Page 128 TITLE 50—WAR AND NATIONAL DEFENSE § 1524 § 1078(f), Nov. 18, 1997, 111 Stat. 1915; Pub. L. 109–364, div. A, title X, § 1041, Oct. 17, 2006, 120 Stat. 2390.) 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 2006—Subsec. (b)(10). Pub. L. 109–364 added par. (10). 1997—Subsec. (b)(9). Pub. L. 105–85 added par. (9). Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of Title 10, Armed Forces. § 1524. Agreements to provide support to vac- cination programs of Department of Health and Human Services (a) Agreements authorized The Secretary of Defense may enter into agreements with the Secretary of Health and Human Services to provide support for vaccina- tion programs of the Secretary of Health and Human Services in the United States through use of the excess peacetime biological weapons defense capability of the Department of Defense. (b) Report Not later than February 1, 1994, the Secretary of Defense shall submit to the congressional de- fense 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. (Pub. L. 103–160, div. A, title XVII, § 1705, Nov. 30, 1993, 107 Stat. 1856.) 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. Statutory Notes and Related Subsidiaries ‘‘CONGRESSIONAL DEFENSE COMMITTEES’’ DEFINED Congressional defense committees means the Com- mittees on Armed Services and the Committees on Ap- propriations of the Senate and House of Representa- tives, see section 3 of Pub. L. 103–160, 107 Stat. 1562. See note under section 101 of Title 10, Armed Forces. § 1525. Assistance for facilities subject to inspec- tion under Chemical Weapons Convention (a) Assistance authorized Upon the request of the owner or operator of a facility that is subject to a routine inspection or a challenge inspection under the Chemical Weapons Convention, the Secretary of Defense may provide technical assistance to that owner or operator related to compliance of that facil- ity with the Convention. Any such assistance shall be provided through the On-Site Inspection Agency of the Department of Defense. (b) Reimbursement requirement The Secretary may provide assistance under subsection (a) only to the extent that the Sec- retary determines that the Department of De- fense will be reimbursed for costs incurred in providing the assistance. The United States Na- tional Authority may provide such reimburse- ment from amounts available to it. Any such re- imbursement shall be credited to amounts avail- able for the On-Site Inspection Agency. (c) Definitions In this section: (1) The terms ‘‘Chemical Weapons Conven- tion’’ and ‘‘Convention’’ mean the Convention on the Prohibition of the Development, Pro- duction, Stockpiling and Use of Chemical Weapons and on Their Destruction, ratified by the United States on April 25, 1997, and en- tered 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 Au- thority’’ means the United States National Authority established or designated pursuant to Article VII, paragraph 4, of the Convention. (Pub. L. 105–85, div. A, title XIII, § 1303, Nov. 18, 1997, 111 Stat. 1951.) Editorial Notes CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1998, and not as part of Pub. L. 91–121, title IV, § 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter. § 1526. Effective use of resources for non- proliferation programs (a) Prohibition Except as provided in subsection (b), no assist- ance may be provided by the United States Gov- ernment to any person who is involved in the re- search, development, design, testing, or evalua- tion of chemical or biological weapons for offen- sive purposes. (b) Exception The prohibition contained in subsection (a) shall not apply to any activity conducted pursu- ant to title V of the National Security Act of 1947 [50 U.S.C. 3091 et seq.]. (Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XI, § 1132], Nov. 29, 1999, 113 Stat. 1536, 1501A–493). Editorial Notes REFERENCES IN TEXT The National Security Act of 1947, referred to in sub- sec. (b), is act July 26, 1947, ch. 343, 61 Stat. 495, which Page 129 TITLE 50—WAR AND NATIONAL DEFENSE § 1527 was formerly classified principally to chapter 15 (§ 401 et seq.) of this title, prior to editorial reclassification in chapter 44 (§ 3001 et seq.) of this title. Title V of the Act is now classified generally to subchapter III (§ 3091 et seq.) of chapter 44 of this title. For complete classi- fication of this Act to the Code, see Tables. CODIFICATION Section was enacted as part of the Arms Control and Nonproliferation Act of 1999, and also as part of the Arms Control, Nonproliferation, and Security Assist- ance Act of 1999, and the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years, 2000 and 2001, and not as part of Pub. L. 91–121, title IV, § 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter. § 1527. Improved biosafety for handling of select agents and toxins (a) Quality control and quality assurance pro- gram The Secretary of Defense, acting through the executive agent for the biological select agent and toxin biosafety program of the Department of Defense, shall carry out a program to imple- ment certain quality control and quality assur- ance measures at each covered facility. (b) Quality control and quality assurance meas- ures Subject to subsection (c), the quality control and quality assurance measures implemented at each covered facility under subsection (a) shall include the following: (1) Designation of an external manager to oversee quality assurance and quality control. (2) Environmental sampling and inspection. (3) Production procedures that prohibit oper- ations 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 cabi- net. (5) A video surveillance program that uses video monitoring as a tool to improve labora- tory practices in accordance with regulatory requirements. (6) Formal, recurring data reviews of produc- tion in an effort to identify data trends and nonconformance issues before such issues af- fect end products. (7) Validated protocols for production proc- esses to ensure that process deviations are adequately vetted prior to implementation. (8) Maintenance and calibration procedures and schedules for all tools, equipment, and irradiators. (c) Waiver In carrying out the program under subsection (a), the Secretary may waive any of the quality control and quality assurance measures required under subsection (b) in the interest of national defense. (d) Study and report required (1) Study The Secretary of Defense shall carry out a study to evaluate— (A) the feasibility of consolidating covered facilities within a unified command to mini- mize 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 De- partment of the Army; and (C) whether operations under the biologi- cal select agent and toxin production pro- gram should be transferred to another gov- ernment or commercial laboratory that may be better suited to execute production for non-Department of Defense customers. (2) Report Not later than February 1, 2017, the Sec- retary shall submit to the congressional de- fense committees a report on the results of the study under paragraph (1). (e) Comptroller General review Not later than September 1, 2017, the Comp- troller General of the United States shall sub- mit 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 rec- ommendations of the report of the Depart- ment of the Army titled ‘‘Individual and In- stitutional 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 se- lect agent and toxin production program identified in such report; and (B) the progress of the Secretary in car- rying out the program under subsection (a). (2) An analysis of the study and report under subsection (d). (f) Definitions In this section: (1) The term ‘‘biological select agent and toxin’’ means any agent or toxin identified under— (A) section 331.3 of title 7, Code of Federal Regulations; (B) section 121.3 or section 121.4 of title 9, Code of Federal Regulations; or (C) section 73.3 or section 73.4 of title 42, Code of Federal Regulations. (2) The term ‘‘covered facility’’ means any facility of the Department of Defense that pro- duces biological select agents and toxins. (Pub. L. 114–328, div. A, title II, § 218, Dec. 23, 2016, 130 Stat. 2052.) Editorial Notes CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2017, and not as part of Pub. L. 91–121, title IV, § 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter. Statutory Notes and Related Subsidiaries NOTIFICATION OF SAFETY AND SECURITY CONCERNS AT CERTAIN DEPARTMENT OF DEFENSE LABORATORIES Pub. L. 118–31, div. A, title X, § 1089, Dec. 22, 2023, 137 Stat. 420, provided that: