Page:United States Statutes at Large Volume 83.djvu/237

 209

PUBLIC LAW 91-121-NOV. 19, 1969

83 STAT. ]

or record, of any contractor or subcontractor obtained by or for the Comptroller General under authority of this section which is not necessary for determining the profitability on any contract, as defined in subsection (a) of this section, between such contractor or subcontractor and the Department of Defense shall be available for examination, without the consent of such contractor or subcontractor, by any individual other than a duly authorized officer or employee of the General Accounting Office; and no officer or employee of the General Accounting Office shall disclose, to smj person not authorized by the Comptroller General to receive such information, any information obtained under authority of this section relating to cost, expense, or profitability on any nondefense business transaction of any contractor or subcontractor. (g) The Comptroller General shall not disclose in any report made by him to the Congress or to either Committee on Armed Services under authority of this section any confidential information relating to the cost, expense, or profit of any contractor or subcontractor on any nondefense business transaction of such contractor or subcontractor. SEC. 409. (a) The Secretary of Defense shall submit semiannual Ki^^!J"'T^ ''"f \

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reports to the Congress on or before January 31 and on or before agents. July 31 of each year setting forth the amounts spent during the preced- cc!^*^es*s^ ^° ing six-month period for research, development, test and evaluation and procurement of all lethal and nonlethal chemical and biological agents. The Secretary shall include in each report a full explanation of each expenditure, including the purpose and the necessity therefor, Transportation and (b) None of the funds authorized to be appropriated by this Act or of chemicals;t i n g. open air t e s 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 until the following procedures have been implemented: (1) the Secretary of Defense (hereafter referred to in this section 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 or testing to the attention of the Secretary of Health, Education, and Welfare, 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 or testing 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 installa- P r e s i d e n t i a l tion for disposal): Provided, however, That in the event the Sec- determination. retary finds the recommendation submitted by the Surgeon General would have the effect of preventing the proposed transportation or testing, the President may determine that overriding considerations of national security require such transportation or Report testing be conducted. Any transportation or testing conducted pur- C o n g r e s s.to suant 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 transporta- Notice to tion or testing will take place, except where a Presidential deter- st°a"rGole^rntr.

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