Notes on 50 U.S.C. § 1522 : US Code - Notes

Search Notes on 50 U.S.C. § 1522 : US Code - Notes

(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).
NATIONAL BIO-WEAPONS DEFENSE ANALYSIS CENTER
Pub. L. 107-296, title XVII, Sec. 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 countermeasures to potential attacks by
terrorists using weapons of mass destruction."
[For transfer of functions, personnel, assets, and liabilities 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
treatment 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, 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."