Page:United States Statutes at Large Volume 99 Part 1.djvu/771

 PUBLIC LAW 99-145—NOV. 8, 1985

99 STAT. 749

(B) an accounting of all funds expended (during such fiscal year) for activities carried out under this section, with a separate accounting for amounts expended for— (i) the construction of and equipment for facilities used for the destruction of agents and munitions; (ii) the operation of such facilities; (iii) the dismantling or other closure of such facilities; Research and (iv) research and development; and development. (v) program management. (4) The Secretary shall transmit the final report under this subsection not later than 120 days following the completion of activities under this section. (h) PROHIBITION ON ACQUIRING CERTAIN LETHAL CHEMICAL AGENTS

AND MUNITIONS.—(1) Except as provided in paragraph (2), no agency of the Federal Government may, after the date of the enactment of this Act, develop or acquire lethal chemical agents or munitions other than binary chemical weapons. (2)(A) The Secretary of Defense may acquire any chemical agent or munition at any time for purposes of intelligence analysis. (B) Chemical agents and munitions may be acquired for research, Research and development, test, and evaluation purposes at any time, but only in development. quantities needed for such purposes and not in production quantities. (i) REAFFIRMATION OF UNITED STATES POSITION O N FIRST U S E OF CHEMICAL AGENTS AND MUNITIONS.—It is the sense of Congress that

the President should publicly reaffirm the position of the United States as set out in the Geneva Protocol of 1925, which the United States ratified with reservations in 1975. (j) DEFINITIONS.—For purposes of this section: (1) The term "chemical agent and munition" means an agent or munition that, through its chemical properties, produces lethal or other damaging effects on human beings, except that such term does not include riot control agents, chemical herbicides, smoke and other obscuration materials. (2) The term "lethal chemical agent and munition" means a chemical £^ent or munition that is designed to cause death, through its chemical properties, to human beings in field concentrations. (3) The term "destruction" means, with respect to chemical munitions or agents— (A) the demolishment of such munitions or agents by incineration or by any other means; or (B) the dismantling or other disposal of such munitions or agents so as to make them useless for military purposes and harmless to human beings under normal circumstances. (k) EFFECTIVE DATE.—The provisions of this section shall take effect on October 1, 1985. SEC. 1413. REPORT CONCERNING THE TESTING OF CHEMICAL WARFARE AGENTS

The Secretary of Defense shall, within 90 days after the date of enactment of this Act, transmit a report to the Committees on Armed Services of the Senate and House of Representatives describing the following matters concerning the testing of diluted or undiluted chemical warfare agents: (1) The criteria and process used for selecting sites for such testing.

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