Page:United States Statutes at Large Volume 99 Part 1.djvu/769

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 747

control facilities in European member nations of NATO against chemical attack; and (4) efforts to initiate a NATO-wide study of equitable and efficient sharing among NATO member nations of responsibilities with regard to deterring the use of chemical munitions in Europe. SEC. 1412. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL AGENTS AND MUNITIONS

. (a) IN GENERAL.—(1) Notwithstanding any other provision of law, the Secretary of Defense (hereinafter in this section referred to as the "Secretary") shall, in accordance with the provisions of this section, carry out the destruction of the United States' stockpile of lethad chemical agents and munitions that exists on the date of the enactment of this Act. (2) Such destruction shall be carried out in conjunction with the acquisition of binary chemical weapons for use by the Armed Forces. (b) DATE FOR COMPLETION.—(1) Except as provided by paragraphs (2) and (3), the destruction of such stockpile shall be completed by September 30, 1994. (2) If a treaty banning the possession of chemical agents and munitions is ratified by the United States, the date for completing the destruction of the United States' stockpile of such agents and munitions shall be the date established by such treaty. (3)(A) In the event of a declaration of war by the Congress or of a national emergency by the President or the Congress or if the Secretary of Etefense determines that there has been a significant delay in the acquisition of an adequate number of binary chemical weapons to meet the requirements of the Armed Forces (as defined by the Joint Chiefs of Staff as of September 30, 1985), the Secretary may defer, beyond September 30, 1994, the destruction of not more than 10 percent of the stockpile described in subsection (a)(l). (B) The Secretary shall transmit written notice to the Congress of any deferral made under subparagraph (A) within 30 days after the date on which the determination to defer is made or by August 31, 1994, whichever is earlier. (c) ENVIRONMENTAL PROTECTION AND U S E OF FACILITIES.—(1)

In

carrying out the requirement of subsection (a)(D, the Secretary shall provide for— (A) maximum protection for the environment, the general public, and the personnel who are involved in the destruction of the lethal chemical agents and munitions referred to in subsection (a); and (B) adequate and safe facilities designed solely for the destruction of lethal chemical agents and munitions. (2) Facilities constructed to carry out this section may not be used for any purpose other than the destruction of lethal chemical weapons and munitions, and when no longer needed to carry out this section, such facilities shall be cleaned, dismantled, and disposed of in accordance with applicable laws and regulations. (d) PLAN.—(1) The Secretary shall develop a comprehensive plan to carry out this section. (2) In developing such plan, the Secretary shall consult with the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency. (3) The Secretary shall transmit a copy of such plan to the Congress not later than March 15, 1986.

51-194 O - 88 - 25: QL. 3

Parti

50 USC 1521.

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