-Caveat Lector-

http://law2.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t49t50+1653+3++%28
Echelon%29%20%20%20%20%20%20%20%20%20%20

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 32 - CHEMICAL AND BIOLOGICAL WARFARE PROGRAM

[excerpt 1]

(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...................

[excerpt 2]

HERBICIDES AND RIOT CONTROL AGENTS


(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.



avoided.   
.............................................................................................
.............................



-CITE-

    50 USC Sec. 1512                                             01/26/98


-EXPCITE-

    TITLE 50 - WAR AND NATIONAL DEFENSE

    CHAPTER 32 - CHEMICAL AND BIOLOGICAL WARFARE PROGRAM


-HEAD-

    Sec. 1512. Transportation, open air testing, and disposal;

        Presidential determination; report to Congress; notice to

        Congress and State Governors


-STATUTE-

      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.


-SOURCE-

    (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.)


-REFTEXT-

                             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.


-MISC2-

                                 AMENDMENTS

      1970 - Pub. L. 91-441 inserted reference to the disposal of

    lethal chemical or biological warfare agents in the United States.


-CHANGE-

                               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.


-MISC4-

    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.''


-EXEC-

     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.

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