Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
This commit is contained in:
Fabio
2026-07-06 10:51:44 -04:00
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---
type: "LegalText"
title: "50 U.S.C. § 1511"
description: "Repealed. Pub. L. 104106, div. A, title X, § 1061(k), Feb. 10, 1996, 110 Stat. 443"
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title_number: 50
title_name: "WAR AND NATIONAL DEFENSE"
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section: "1511"
citation: "50 U.S.C. § 1511"
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---
# 50 U.S.C. § 1511 - Repealed. Pub. L. 104106, div. A, title X, § 1061(k), Feb. 10, 1996, 110 Stat. 443
## Notes
Section, Pub. L. 91121, title IV, § 409(a), Nov. 19, 1969, 83 Stat. 209; Pub. L. 93608, § 2(4), Jan. 2, 1975, 88 Stat. 1971; Pub. L. 97375, title II, § 203(a)(2), Dec. 21, 1982, 96 Stat. 1822, directed Secretary of Defense to submit an annual report to Congress on expenditures for research, development, test, and evaluation of all lethal and nonlethal chemical and biological agents.
@@ -0,0 +1,65 @@
---
type: "LegalText"
title: "50 U.S.C. § 1512"
description: "Transportation, open air testing, and disposal; Presidential determination; report to Congress; notice to Congress and State Governors"
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title_number: 50
title_name: "WAR AND NATIONAL DEFENSE"
chapter_number: "32"
chapter_name: "CHEMICAL AND BIOLOGICAL WARFARE PROGRAM"
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citation: "50 U.S.C. § 1512"
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# 50 U.S.C. § 1512 - Transportation, open air testing, and disposal; Presidential determination; report to Congress; notice to Congress and State Governors
## Text
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 section 11 See References in Text note below. [50 U.S.C. 1512, 15131515, 1517] 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.
(Pub. L. 91121, title IV, § 409(b), Nov. 19, 1969, 83 Stat. 209; Pub. L. 91441, title V, § 506(b)(1), Oct. 7, 1970, 84 Stat. 912; Pub. L. 9688, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
## Notes
Editorial Notes
References in TextThis Act, referred to in introductory provisions, means Pub. L. 91121, Nov. 19, 1969, 83 Stat. 204. Provisions authorizing the appropriation of funds are not classified to the Code. For complete classification of this Act to the Code, see Tables. This section, referred to in par. (1), means section 409 of Pub. L. 91121. Subsecs. (b), (c) to (e), and (g) of section 409 of Pub. L. 91121 are classified to sections 1512, 1513 to 1515, and 1517 of this title, respectively. Section 409(a) of Pub. L. 91121 was classified to section 1511 of this title, prior to repeal by Pub. L. 104106, div. A, title X, § 1061(k), Feb. 10, 1996, 110 Stat. 443. Section 409(f) of Pub. L. 91121 was classified to section 1516 of this title, prior to being eliminated upon the enactment of similar provisions by section 506(a) of Pub. L. 91441.
Amendments1970—Pub. L. 91441 inserted reference to the disposal of lethal chemical or biological warfare agents in the United States.
Statutory Notes and Related Subsidiaries
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. 9688 which is classified to section 3508(b) of Title 20, Education.
Riot Control AgentsPub. L. 109163, div. A, title XII, § 1232, Jan. 6, 2006, 119 Stat. 3468, provided that: “(a) Restatement of Policy.—It is the policy of the United States that riot control agents are not chemical weapons and that the President may authorize their use as legitimate, legal, and non-lethal alternatives to the use of force that, as provided in Executive Order No. 11850 (40 Fed. Reg. 16187) [set out below] and consistent with the resolution of ratification of the Chemical Weapons Convention, may be employed by members of the Armed Forces in war in defensive military modes to save lives, including the illustrative purposes cited in Executive Order No. 11850. “(b) Report Required.—“(1) In general.—Not later than 180 days after the date of the enactment of this Act [Jan. 6, 2006], the President shall submit to Congress a report on the use of riot control agents by members of the Armed Forces. “(2) Content.—The report required by paragraph (1) shall include—“(A) a description of all regulations, doctrines, training materials, and any other information related to the use of riot control agents by members of the Armed Forces; “(B) a description of how the material described in subparagraph (A) is consistent with United States policy on the use of riot control agents; “(C) a description of the availability of riot control agents, and the means to use them, to members of the Armed Forces, including members of the Armed Forces deployed in Iraq and Afghanistan; “(D) a description of the frequency and circumstances of the use of riot control agents by members of the Armed Forces since January 1, 1992, and a summary of views held by commanders of United States combatant commands as to the utility of the use of riot control agents by members of the Armed Forces when compared with alternatives; “(E) a general description of steps taken or planned to be taken by the Department of Defense to clarify the circumstances under which riot control agents may be used by members of the Armed Forces; and “(F) a brief explanation of the continuing validity of Executive Order No. 11850 [set out below] under United States law. “(3) Form.—The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. “(c) Definitions.—In this section:“(1) Chemical weapons convention.—The term Chemical Weapons Convention means the Convention on the Prohibitions of Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, with annexes, done at Paris, January 13, 1993, and entered into force April 29, 1997 (T. Doc. 10321). “(2) Resolution of ratification of the chemical weapons convention.—The term resolution of ratification of the Chemical Weapons Convention means S. Res. 75, 105th Congress, agreed to April 24, 1997, advising and consenting to the ratification of the Chemical Weapons Convention.”
Chemical Munitions Transportation From Okinawa to the United StatesPub. L. 91672, § 13, Jan. 12, 1971, 84 Stat. 2055, directed that no authorized funds could be used to transport chemical munitions from Okinawa to the United States, but could be used for detoxification or destruction of these munitions only outside the United States.
Definition of “United States” For definition of “United States” as used in this section, see section 1514 of this title.
Executive Documents
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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# 50 U.S.C. § 1512a - Transportation of chemical munitions
## Text
(a) Prohibition of transportation across State lines The Secretary of Defense may not transport any chemical munition that constitutes part of the chemical weapons stockpile out of the State in which that munition is located on October 5, 1994, and, in the case of any such chemical munition not located in a State on October 5, 1994, may not transport any such munition into a State.
(b) Transportation of chemical munitions not in chemical weapons stockpile In the case of any chemical munitions that are discovered or otherwise come within the control of the Department of Defense and that do not constitute part of the chemical weapons stockpile, the Secretary of Defense may transport such munitions to the nearest chemical munitions stockpile storage facility that has necessary permits for receiving and storing such items if the transportation of such munitions to that facility—
(1) is considered by the Secretary of Defense to be necessary; and
(2) can be accomplished while protecting public health and safety.
(Pub. L. 103337, div. A, title I, § 143, Oct. 5, 1994, 108 Stat. 2689.)
## Notes
Editorial Notes
Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1995, and not as part of Pub. L. 91121, title IV, § 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.
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# 50 U.S.C. § 1513 - Deployment, storage, and disposal; notification to host country and Congress; international law violations; reports to Congress and international organizations
## Text
(1) None of the funds authorized to be appropriated by this Act or any other Act may be used for the future deployment, storage, or disposal, at any place outside the United States of—
(A) any lethal chemical or any biological warfare agent, or
(B) any delivery system specifically designed to disseminate any such agent,
unless prior notice of such deployment, storage, or disposal has been given to the country exercising jurisdiction over such place. In the case of any place outside the United States which is under the jurisdiction or control of the United States Government, no such action may be taken unless the Secretary gives prior notice of such action to the President of the Senate and the Speaker of the House of Representatives. As used in this paragraph, the term “United States” means the several States and the District of Columbia.
(2) None of the funds authorized by this Act or any other Act shall be used for the future testing, development, transportation, storage, or disposal of any lethal chemical or any biological warfare agent outside the United States, or for the disposal of any munitions in international waters, if the Secretary of State, after appropriate notice by the Secretary whenever any such action is contemplated, determines that such testing, development, transportation, storage, or disposal will violate international law. The Secretary of State shall report all determinations made by him under this paragraph to the President of the Senate and the Speaker of the House of Representatives, and to all appropriate international organizations, or organs thereof, in the event such report is required by treaty or other international agreement.
(Pub. L. 91121, title IV, § 409(c), Nov. 19, 1969, 83 Stat. 210; Pub. L. 91441, title V, § 506(b)(2), (3), Oct. 7, 1970, 84 Stat. 912.)
## Notes
Editorial Notes
References in TextThis Act, referred to in pars. (1) and (2), means Pub. L. 91121, Nov. 19, 1969, 83 Stat. 204. Provisions authorizing the appropriation of funds are not classified to the Code. For complete classification of this Act to the Code, see Tables.
Amendments1970—Par. (1). Pub. L. 91441, § 506(b)(2), inserted reference to disposal of lethal chemical or biological warfare agents or delivery systems for such agents. Par. (2). Pub. L. 91441, § 506(b)(3), inserted reference to disposal of munitions in international waters.
Statutory Notes and Related Subsidiaries
Withdrawal of European Chemical StockpilePub. L. 100180, div. A, title I, § 126, Dec. 4, 1987, 101 Stat. 1044, provided that: “Chemical munitions of the United States stored in Europe on the date of the enactment of this Act [Dec. 4, 1987] should not be removed from Europe unless such munitions are replaced contemporaneously with binary chemical munitions stationed on the soil of at least one European member nation of the North Atlantic Treaty Organization.”
Definitions For definition of “United States” as used in this section, unless otherwise indicated, see section 1514 of this title. “Secretary” means the Secretary of Defense, see section 1512(1) of this title.
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# 50 U.S.C. § 1514 - “United States” defined
## Text
Unless otherwise indicated, as used in this section 11 See References in Text note below. [50 U.S.C. 1512, 15131515, 1517] the term “United States” means the several States the District of Columbia, and the territories and possessions of the United States.
(Pub. L. 91121, title IV, § 409(d), Nov. 19, 1969, 83 Stat. 210.)
## Notes
Editorial Notes
References in TextThis section, referred to in text, means section 409 of Pub. L. 91121. Subsecs. (b), (c) to (e), and (g) of section 409 of Pub. L. 91121 are classified to sections 1512, 1513 to 1515, and 1517 of this title, respectively. Section 409(a) of Pub. L. 91121 was classified to section 1511 of this title, prior to repeal by Pub. L. 104106, div. A, title X, § 1061(k), Feb. 10, 1996, 110 Stat. 443. Section 409(f) of Pub. L. 91121 was classified to section 1516 of this title, prior to being eliminated upon the enactment of similar provisions by section 506(a) of Pub. L. 91441.
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# 50 U.S.C. § 1515 - Suspension; Presidential authorization
## Text
After November 19, 1969, the operation of this section 11 See References in Text note below. [50 U.S.C. 1512, 15131515, 1517], or any portion thereof, may be suspended by the President during the period of any war declared by Congress and during the period of any national emergency declared by Congress or by the President.
(Pub. L. 91121, title IV, § 409(e), Nov. 19, 1969, 83 Stat. 210.)
## Notes
Editorial Notes
References in TextThis section, referred to in text, means section 409 of Pub. L. 91121. Subsecs. (b), (c) to (e), and (g) of section 409 of Pub. L. 91121 are classified to sections 1512, 1513 to 1515, and 1517 of this title, respectively. Section 409(a) of Pub. L. 91121 was classified to section 1511 of this title, prior to repeal by Pub. L. 104106, div. A, title X, § 1061(k), Feb. 10, 1996, 110 Stat. 443. Section 409(f) of Pub. L. 91121 was classified to section 1516 of this title, prior to being eliminated upon the enactment of similar provisions by section 506(a) of Pub. L. 91441.
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# 50 U.S.C. § 1516 - Delivery systems
## Text
None of the funds authorized to be appropriated by this Act shall be used for the procurement of delivery systems specifically designed to disseminate lethal chemical or any biological warfare agents, or for the procurement of delivery system parts or components specifically designed for such purpose, unless the President shall certify to the Congress that such procurement is essential to the safety and security of the United States.
(Pub. L. 91441, title V, § 506(a), Oct. 7, 1970, 84 Stat. 912.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, means Pub. L. 91441, Oct. 7, 1970, 84 Stat. 912. Provisions authorizing the appropriation of funds are not classified to the Code. For complete classification of this Act to the Code, see Tables.
Codification Section was not enacted as part of Pub. L. 91121, title IV, § 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter. Section is from the Armed Forces-Military Procurement, 1971 act, Pub. L. 91441.
Prior ProvisionsProvisions similar to those in this section were contained in Pub. L. 91121, title IV, § 409(f), Nov. 19, 1969, 83 Stat. 210.
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# 50 U.S.C. § 1517 - Immediate disposal when health or safety are endangered
## Text
Nothing contained in this section 11 See References in Text note below. [50 U.S.C. 1512, 15131515, 1517] shall be deemed to restrict the transportation or disposal of research quantities of any lethal chemical or any biological warfare agent, or to delay or prevent, in emergency situations either within or outside the United States, the immediate disposal together with any necessary associated transportation, of any lethal chemical or any biological warfare agent when compliance with the procedures and requirements of this section 1 would clearly endanger the health or safety of any person.
(Pub. L. 91121, title IV, § 409(g), as added Pub. L. 91441, title V, § 506(b)(4), Oct. 7, 1970, 84 Stat. 912.)
## Notes
Editorial Notes
References in TextThis section, referred to in text, means section 409 of Pub. L. 91121. Subsecs. (b), (c) to (e), and (g) of section 409 of Pub. L. 91121 are classified to sections 1512, 1513 to 1515, and 1517 of this title, respectively. Section 409(a) of Pub. L. 91121 was classified to section 1511 of this title, prior to repeal by Pub. L. 104106, div. A, title X, § 1061(k), Feb. 10, 1996, 110 Stat. 443. Section 409(f) of Pub. L. 91121 was classified to section 1516 of this title, prior to being eliminated upon the enactment of similar provisions by section 506(a) of Pub. L. 91441.
Statutory Notes and Related Subsidiaries
Definition of “United States” For definition of “United States” as used in this section, see section 1514 of this title.
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# 50 U.S.C. § 1518 - Disposal; detoxification; report to Congress; emergencies
## Text
On and after October 7, 1970, no chemical or biological warfare agent shall be disposed of within or outside the United States unless such agent has been detoxified or made harmless to man and his environment unless immediate disposal is clearly necessary, in an emergency, to safeguard human life. An immediate report should be made to Congress in the event of such disposal.
(Pub. L. 91441, title V, § 506(d), Oct. 7, 1970, 84 Stat. 913.)
## Notes
Editorial Notes
Codification Section was not enacted as part of Pub. L. 91121, title IV, § 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.
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# 50 U.S.C. § 1519 - Lethal binary chemical munitions
## Text
(a) Notwithstanding any other provision of law, none of the funds authorized to be appropriated by this or any other Act shall be used for the purpose of production of lethal binary chemical munitions unless the President certifies to Congress that the production of such munitions is essential to the national interest and submits a full report thereon to the President of the Senate and the Speaker of the House of Representatives as far in advance of the production of such munitions as is practicable.
(b) For purposes of this section the term “lethal binary chemical munitions” means (1) any toxic chemical (solid, liquid, or gas) which, through its chemical properties, is intended to be used to produce injury or death to human beings, and (2) any unique device, instrument, apparatus, or contrivance, including any components or accessories thereof, intended to be used to disperse or otherwise disseminate any such toxic chemical.
(Pub. L. 94106, title VIII, § 818, Oct. 7, 1975, 89 Stat. 544.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is Pub. L. 94106, Oct. 7, 1975, 89 Stat. 531, known as the Department of Defense Appropriation Authorization Act, 1976. Provisions authorizing the appropriation of funds are not classified to the Code. For complete classification of this Act to the Code, see Tables.
Codification Section was not enacted as part of Pub. L. 91121, title IV, § 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.
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# 50 U.S.C. § 1519a - Limitation on procurement of binary chemical weapons
## Text
(a) Notwithstanding any other provision of law, no funds may be obligated or expended after September 24, 1983, for the production of binary chemical weapons unless the President certifies to the Congress that for each 155-millimeter binary artillery shell or aircraft-delivered binary aerial bomb produced a serviceable unitary artillery shell from the existing arsenal shall be rendered permanently useless for military purposes.
(b) (1) Funds appropriated pursuant to the authorization of appropriations for the Army in section 101 of this Act may be used for the establishment of a production base for binary chemical munitions and for the procurement of components for 155-millimeter binary chemical artillery projectiles, but such funds may not be used for the actual production of binary chemical munitions before October 1, 1985.
(2) Notwithstanding the provisions of paragraph (1), before the production of binary chemical munitions may begin after September 30, 1985, the President must certify to Congress in writing that, in light of circumstances prevailing at the time the certification is made, the production of such munitions is essential to the national interest.
(3) For purposes of this subsection, “production of binary chemical munitions” means the final assembly of weapon components and the filling or loading of components with binary chemicals.
(Pub. L. 9894, title XII, § 1233, Sept. 24, 1983, 97 Stat. 695.)
## Notes
Editorial Notes
References in TextSection 101 of this Act, referred to in subsec. (b)(1), is section 101 of Pub. L. 9894, title I, Sept. 24, 1983, 97 Stat. 618, which was not classified to the Code.
Codification Section was enacted as part of the Department of Defense Authorization Act, 1984, and not as part of Pub. L. 91121, title IV, § 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.
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# 50 U.S.C. § 1520 - Repealed. Pub. L. 10585, div. A, title X, § 1078(g), Nov. 18, 1997, 111 Stat. 1916, and Pub. L. 105277, div. I, title VI, § 601, Oct. 21, 1998, 112 Stat. 2681886
## Notes
Section, Pub. L. 9579, title VIII, § 808, July 30, 1977, 91 Stat. 334; Pub. L. 97375, title II, § 203(a)(1), Dec. 21, 1982, 96 Stat. 1822, related to use by the Department of Defense of human subjects for testing of chemical or biological agents, accounting to congressional committees with respect to experiments and studies, and notification of local civilian officials.
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# 50 U.S.C. § 1520a - Restrictions on use of human subjects for testing of chemical or biological agents
## Text
(a) Prohibited activities The Secretary of Defense may not conduct (directly or by contract)—
(1) any test or experiment involving the use of a chemical agent or biological agent on a civilian population; or
(2) any other testing of a chemical agent or biological agent on human subjects.
(b) Exceptions Subject to subsections (c), (d), and (e), the prohibition in subsection (a) does not apply to a test or experiment carried out for any of the following purposes:
(1) Any peaceful purpose that is related to a medical, therapeutic, pharmaceutical, agricultural, industrial, or research activity.
(2) Any purpose that is directly related to protection against toxic chemicals or biological weapons and agents.
(3) Any law enforcement purpose, including any purpose related to riot control.
(c) Informed consent required The Secretary of Defense may conduct a test or experiment described in subsection (b) only if informed consent to the testing was obtained from each human subject in advance of the testing on that subject.
(d) Prior notice to Congress Not later than 30 days after the date of final approval within the Department of Defense of plans for any experiment or study to be conducted by the Department of Defense (whether directly or under contract) involving the use of human subjects for the testing of a chemical agent or a biological agent, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report setting forth a full accounting of those plans, and the experiment or study may then be conducted only after the end of the 30-day period beginning on the date such report is received by those committees.
(e) “Biological agent” defined In this section, the term “biological agent” means any micro-organism (including bacteria, viruses, fungi, rickettsiac, or protozoa), pathogen, or infectious substance, and any naturally occurring, bioengineered, or synthesized component of any such micro-organism, pathogen, or infectious substance, whatever its origin or method of production, that is capable of causing—
(1) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;
(2) deterioration of food, water, equipment, supplies, or materials of any kind; or
(3) deleterious alteration of the environment.
(Pub. L. 10585, div. A, title X, § 1078, Nov. 18, 1997, 111 Stat. 1915; Pub. L. 10665, div. A, title X, § 1067(4), Oct. 5, 1999, 113 Stat. 774.)
## Notes
Editorial Notes
Codification Section is comprised of section 1078 of Pub. L. 10585. Subsec. (f) of section 1078 of Pub. L. 10585 amended section 1523(b) of this title. Subsec. (g) of section 1078 of Pub. L. 10585 repealed section 1520 of this title. Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1998, and not as part of Pub. L. 91121, title IV, § 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.
Amendments1999—Subsec. (d). Pub. L. 10665 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.
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# 50 U.S.C. § 1521a - Destruction of existing stockpile of lethal chemical agents and munitions
## Text
(a) Program management The Secretary of Defense shall ensure that the program for destruction of the United States stockpile of lethal chemical agents and munitions is managed as a major defense acquisition program (as defined in section 4201 of title 10) in accordance with the essential elements of such programs as may be determined by the Secretary.
(b) Requirement for Under Secretary of Defense (Comptroller) annual certification Beginning with respect to the budget request for fiscal year 2004, the Under Secretary of Defense (Comptroller) shall submit to the congressional defense committees on an annual basis a certification that the budget request for the chemical agents and munitions destruction program has been submitted in accordance with the requirements of section 1521 of this title.
(Pub. L. 107314, div. A, title I, § 141, Dec. 2, 2002, 116 Stat. 2477; Pub. L. 116283, div. A, title XVIII, § 1846(i)(6), Jan. 1, 2021, 134 Stat. 4252; Pub. L. 11781, div. A, title XVII, § 1702(k)(1), Dec. 27, 2021, 135 Stat. 2160.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Bob Stump National Defense Authorization Act for Fiscal Year 2003, and not as part of Pub. L. 91121, title IV, § 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.
Amendments2021—Subsec. (a). Pub. L. 116283 and Pub. L. 11781 amended subsec. (a) identically, substituting “section 4201” for “section 2430”.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentAmendment by Pub. L. 116283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116283, set out as a note preceding section 3001 of Title 10, Armed Forces.
“Congressional Defense Committees” Defined Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 107314, 116 Stat. 2471. See note under section 101 of Title 10, Armed Forces.
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# 50 U.S.C. § 1522 - Conduct of chemical and biological defense program
## Text
(a) General The Secretary of Defense shall carry out the chemical and biological defense program of the United States in accordance with the provisions of this section.
(b) Management and oversight In carrying out his responsibilities under this section, the Secretary of Defense shall do the following:
(1) Assign responsibility for overall coordination and integration of the chemical and biological warfare defense program and the chemical and biological medical defense program to a single office within the Office of the Secretary of Defense.
(2) Take those actions necessary to ensure close and continuous coordination between (A) the chemical and biological warfare defense program, and (B) the chemical and biological medical defense program.
(3) Exercise oversight over the chemical and biological defense program through the Defense Acquisition Board process.
(c) Coordination of program (1) The Secretary of Defense shall designate the Army as executive agent for the Department of Defense to coordinate and integrate research, development, test, and evaluation, and acquisition, requirements of the military departments for chemical and biological warfare defense programs of the Department of Defense.
(2) The Director of the Defense Advanced Research Projects Agency may conduct a program of basic and applied research and advanced technology development on chemical and biological warfare defense technologies and systems. In conducting such program, the Director shall seek to avoid unnecessary duplication of the activities under the program with chemical and biological warfare defense activities of the military departments and defense agencies and shall coordinate the activities under the program with those of the military departments and defense agencies.
(d) Funding (1) The budget for the Department of Defense for each fiscal year after fiscal year 1994 shall reflect a coordinated and integrated chemical and biological defense program for the Department of Defense.
(2) Funding requests for the program (other than for activities under the program conducted by the Defense Advanced Research Projects Agency under subsection (c)(2)) shall be set forth in the budget of the Department of Defense for each fiscal year as a separate account, with a single program element for each of the categories of research, development, test, and evaluation, acquisition, and military construction. Amounts for military construction projects may be set forth in the annual military construction budget. Funds for military construction for the program in the military construction budget shall be set forth separately from other funds for military construction projects. Funding requests for the program may be included in the budget accounts of the military departments.
(3) The program conducted by the Defense Advanced Research Projects Agency under subsection (c)(2) shall be set forth as a separate program element in the budget of that agency.
(4) All funding requirements for the chemical and biological defense program shall be reviewed by the Secretary of the Army as executive agent pursuant to subsection (c).
(e) Management review and report (1) The Secretary of Defense shall conduct a review of the management structure of the Department of Defense chemical and biological warfare defense program, including—
(A) research, development, test, and evaluation;
(B) procurement;
(C) doctrine development;
(D) policy;
(E) training;
(F) development of requirements;
(G) readiness; and
(H) risk assessment.
(2) Not later than May 1, 1994, the Secretary shall submit to Congress a report that describes the details of measures being taken to improve joint coordination and oversight of the program and ensure a coherent and effective approach to its management.
(Pub. L. 103160, div. A, title XVII, § 1701, Nov. 30, 1993, 107 Stat. 1853; Pub. L. 104201, div. A, title II, § 228, Sept. 23, 1996, 110 Stat. 2460; Pub. L. 11831, div. A, title X, § 1047, Dec. 22, 2023, 137 Stat. 392.)
## Notes
Editorial Notes
Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1994, and not as part of Pub. L. 91121, title IV, § 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.
Amendments2023—Subsec. (d)(2). Pub. L. 11831 substituted “may be included in the budget accounts” for “may not be included in the budget accounts”. 1996—Subsec. (c). Pub. L. 104201, § 228(a), designated existing provisions as par. (1) and added par. (2). Subsec. (d)(1). Pub. L. 104201, § 228(b)(1), substituted “program for the Department of Defense” for “program for the military departments”. Subsec. (d)(2). Pub. L. 104201, § 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))” after “requests for the program”. Subsec. (d)(3), (4). Pub. L. 104201, § 228(b)(3), (4), added par. (3) and redesignated former par. (3) as (4).
Statutory Notes and Related Subsidiaries
Implementation of GAO Recommendations on Preparedness of United States Forces To Counter North Korean Chemical and Biological WeaponsPub. L. 116283, div. A, title XII, § 1259, Jan. 1, 2021, 134 Stat. 3958, provided that: “(a) Plan Required.—“(1) In general.—The Secretary of Defense shall develop a plan to address the recommendations in the U.S. Government Accountability Offices report entitled Preparedness of U.S. Forces to Counter North Korean Chemical and Biological Weapons (GAO21104C). “(2) Elements.—The plan required under paragraph (1) shall, with respect to each recommendation in the report described in paragraph (1) that the Secretary of Defense has implemented or intends to implement, include—“(A) a summary of actions that have been or will be taken to implement the recommendation; and “(B) a schedule, with specific milestones, for completing implementation of the recommendation. “(b) Submission to Congress.—Not later than 1 year after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] the plan required under subsection (a). “(c) Deadline for Implementation.—“(1) In general.—Except as provided in paragraph (2), not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall carry out activities to implement the plan developed under subsection (a). “(2) Exception for implementation of certain recommendations.—“(A) Delayed implementation.—The Secretary of Defense may initiate implementation of a recommendation in the report described in subsection (a)(1) after the date specified in paragraph (1) if the Secretary provides the congressional defense committees with a specific justification for the delay in implementation of such recommendation on or before such date. “(B) Nonimplementation.—The Secretary of Defense may decide not to implement a recommendation in the report described in subsection (a)(1) if the Secretary provides to the congressional defense committees, on or before the date specified in paragraph (1)—“(i) a specific justification for the decision not to implement the recommendation; and “(ii) a summary of alternative actions the Secretary plans to take to address the conditions underlying the recommendation.”
National Bio-Weapons Defense Analysis CenterPub. L. 107296, title XVII, § 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 DefensePub. L. 105261, div. A, title II, § 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 PersonnelPub. L. 104132, title V, § 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 ActivitiesPub. L. 103160, div. A, title XVII, § 1702, Nov. 30, 1993, 107 Stat. 1854, 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 ThreatsPub. L. 103160, div. A, title XVII, § 1704, Nov. 30, 1993, 107 Stat. 1855, 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.”
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# 50 U.S.C. § 1523 - Annual report on chemical and biological warfare defense
## Text
(a) Report required The Secretary of Defense shall include in the annual report of the Secretary under section 113(c) of title 10 a report on chemical and biological warfare defense. The report shall assess—
(1) the overall readiness of the Armed Forces to fight in a chemical-biological warfare environment and shall describe steps taken and planned to be taken to improve such readiness; and
(2) requirements for the chemical and biological warfare defense program, including requirements for training, detection, and protective equipment, for medical prophylaxis, and for treatment of casualties resulting from use of chemical or biological weapons.
(b) Matters to be included The report shall include information on the following:
(1) The quantities, characteristics, and capabilities of fielded chemical and biological defense equipment to meet wartime and peacetime requirements for support of the Armed Forces, including individual protective items.
(2) The status of research and development programs, and acquisition programs, for required improvements in chemical and biological defense equipment and medical treatment, including an assessment of the ability of the Department of Defense and the industrial base to meet those requirements.
(3) Measures taken to ensure the integration of requirements for chemical and biological defense equipment and material among the Armed Forces.
(4) The status of nuclear, biological, and chemical (NBC) warfare defense training and readiness among the Armed Forces and measures being taken to include realistic nuclear, biological, and chemical warfare simulations in war games, battle simulations, and training exercises.
(5) Measures taken to improve overall management and coordination of the chemical and biological defense program.
(6) Problems encountered in the chemical and biological warfare defense program during the past year and recommended solutions to those problems for which additional resources or actions by the Congress are required.
(7) A description of the chemical warfare defense preparations that have been and are being undertaken by the Department of Defense to address needs which may arise under article X of the Chemical Weapons Convention.
(8) A summary of other preparations undertaken by the Department of Defense and the On-Site Inspection Agency to prepare for and to assist in the implementation of the convention, including activities such as training for inspectors, preparation of defense installations for inspections under the convention using the Defense Treaty Inspection Readiness Program, provision of chemical weapons detection equipment, and assistance in the safe transportation, storage, and destruction of chemical weapons in other signatory nations to the convention.
(9) A description of any program involving the testing of biological or chemical agents on human subjects that was carried out by the Department of Defense during the period covered by the report, together with—
(A) a detailed justification for the testing;
(B) a detailed explanation of the purposes of the testing;
(C) a description of each chemical or biological agent tested; and
(D) the Secretarys certification that informed consent to the testing was obtained from each human subject in advance of the testing on that subject.
(10) A description of the coordination and integration of the program of the Defense Advanced Research Projects Agency (DARPA) on basic and applied research and advanced technology development on chemical and biological warfare defense technologies and systems under section 1522(c)(2) of this title with the overall program of the Department of Defense on chemical and biological warfare defense, including—
(A) an assessment of the degree to which the DARPA program is coordinated and integrated with, and supports the objectives and requirements of, the overall program of the Department of Defense; and
(B) the means by which the Department determines the level of such coordination and support.
(Pub. L. 103160, div. A, title XVII, § 1703, Nov. 30, 1993, 107 Stat. 1854; Pub. L. 10585, div. A, title X, § 1078(f), Nov. 18, 1997, 111 Stat. 1915; Pub. L. 109364, div. A, title X, § 1041, Oct. 17, 2006, 120 Stat. 2390.)
## Notes
Editorial Notes
Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1994, and not as part of Pub. L. 91121, title IV, § 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.
Amendments2006—Subsec. (b)(10). Pub. L. 109364 added par. (10). 1997—Subsec. (b)(9). Pub. L. 10585 added par. (9).
Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor termination, effective Dec. 31, 2021, of provisions of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114328, set out as a note under section 111 of Title 10, Armed Forces.
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# 50 U.S.C. § 1524 - Agreements to provide support to vaccination programs of Department of Health and Human Services
## Text
(a) Agreements authorized The Secretary of Defense may enter into agreements with the Secretary of Health and Human Services to provide support for vaccination programs of the Secretary of Health and Human Services in the United States through use of the excess peacetime biological weapons defense capability of the Department of Defense.
(b) Report Not later than February 1, 1994, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility of providing Department of Defense support for vaccination programs under subsection (a) and shall identify resource requirements that are not within the Departments capability.
(Pub. L. 103160, div. A, title XVII, § 1705, Nov. 30, 1993, 107 Stat. 1856.)
## Notes
Editorial Notes
Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1994, and not as part of Pub. L. 91121, title IV, § 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Congressional Defense Committees” Defined Congressional defense committees means the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives, see section 3 of Pub. L. 103160, 107 Stat. 1562. See note under section 101 of Title 10, Armed Forces.
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# 50 U.S.C. § 1525 - Assistance for facilities subject to inspection under Chemical Weapons Convention
## Text
(a) Assistance authorized Upon the request of the owner or operator of a facility that is subject to a routine inspection or a challenge inspection under the Chemical Weapons Convention, the Secretary of Defense may provide technical assistance to that owner or operator related to compliance of that facility with the Convention. Any such assistance shall be provided through the On-Site Inspection Agency of the Department of Defense.
(b) Reimbursement requirement The Secretary may provide assistance under subsection (a) only to the extent that the Secretary determines that the Department of Defense will be reimbursed for costs incurred in providing the assistance. The United States National Authority may provide such reimbursement from amounts available to it. Any such reimbursement shall be credited to amounts available for the On-Site Inspection Agency.
(c) Definitions In this section:
(1) The terms “Chemical Weapons Convention” and “Convention” mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, ratified by the United States on April 25, 1997, and entered into force on April 29, 1997.
(2) The term “facility that is subject to a routine inspection” means a declared facility, as defined in paragraph 15 of part X of the Annex on Implementation and Verification of the Convention.
(3) The term “challenge inspection” means an inspection conducted under Article IX of the Convention.
(4) The term “United States National Authority” means the United States National Authority established or designated pursuant to Article VII, paragraph 4, of the Convention.
(Pub. L. 10585, div. A, title XIII, § 1303, Nov. 18, 1997, 111 Stat. 1951.)
## Notes
Editorial Notes
Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1998, and not as part of Pub. L. 91121, title IV, § 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.
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# 50 U.S.C. § 1526 - Effective use of resources for nonproliferation programs
## Text
(a) Prohibition Except as provided in subsection (b), no assistance may be provided by the United States Government to any person who is involved in the research, development, design, testing, or evaluation of chemical or biological weapons for offensive purposes.
(b) Exception The prohibition contained in subsection (a) shall not apply to any activity conducted pursuant to title V of the National Security Act of 1947 [50 U.S.C. 3091 et seq.].
(Pub. L. 106113, div. B, § 1000(a)(7) [div. B, title XI, § 1132], Nov. 29, 1999, 113 Stat. 1536, 1501A493).
## Notes
Editorial Notes
References in TextThe National Security Act of 1947, referred to in subsec. (b), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 et seq.) of this title, prior to editorial reclassification in chapter 44 (§ 3001 et seq.) of this title. Title V of the Act is now classified generally to subchapter III (§ 3091 et seq.) of chapter 44 of this title. For complete classification of this Act to the Code, see Tables.
Codification Section was enacted as part of the Arms Control and Nonproliferation Act of 1999, and also as part of the Arms Control, Nonproliferation, and Security Assistance Act of 1999, and the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years, 2000 and 2001, and not as part of Pub. L. 91121, title IV, § 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.
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# 50 U.S.C. § 1527 - Improved biosafety for handling of select agents and toxins
## Text
(a) Quality control and quality assurance program The Secretary of Defense, acting through the executive agent for the biological select agent and toxin biosafety program of the Department of Defense, shall carry out a program to implement certain quality control and quality assurance measures at each covered facility.
(b) Quality control and quality assurance measures Subject to subsection (c), the quality control and quality assurance measures implemented at each covered facility under subsection (a) shall include the following:
(1) Designation of an external manager to oversee quality assurance and quality control.
(2) Environmental sampling and inspection.
(3) Production procedures that prohibit operations where live biological select agents and toxins are used in the same laboratory where viability testing is conducted.
(4) Production procedures that prohibit work on multiple organisms or multiple strains of one organism within the same biosafety cabinet.
(5) A video surveillance program that uses video monitoring as a tool to improve laboratory practices in accordance with regulatory requirements.
(6) Formal, recurring data reviews of production in an effort to identify data trends and nonconformance issues before such issues affect end products.
(7) Validated protocols for production processes to ensure that process deviations are adequately vetted prior to implementation.
(8) Maintenance and calibration procedures and schedules for all tools, equipment, and irradiators.
(c) Waiver In carrying out the program under subsection (a), the Secretary may waive any of the quality control and quality assurance measures required under subsection (b) in the interest of national defense.
(d) Study and report required (1) Study The Secretary of Defense shall carry out a study to evaluate—
(A) the feasibility of consolidating covered facilities within a unified command to minimize risk;
(B) opportunities to partner with industry for the production of biological select agents and toxins and related services in lieu of maintaining such capabilities within the Department of the Army; and
(C) whether operations under the biological select agent and toxin production program should be transferred to another government or commercial laboratory that may be better suited to execute production for non-Department of Defense customers.
(2) Report Not later than February 1, 2017, the Secretary shall submit to the congressional defense committees a report on the results of the study under paragraph (1).
(e) Comptroller General review Not later than September 1, 2017, the Comptroller General of the United States shall submit to the congressional defense committees a report that includes the following:
(1) A review of—
(A) the actions taken by the Department of Defense to address the findings and recommendations of the report of the Department of the Army titled “Individual and Institutional Accountability for the Shipment of Viable Bacillus Anthracis from Dugway Proving Grounds”, dated December 15, 2015, including any actions taken to address the culture of complacency in the biological select agent and toxin production program identified in such report; and
(B) the progress of the Secretary in carrying out the program under subsection (a).
(2) An analysis of the study and report under subsection (d).
(f) Definitions In this section:
(1) The term “biological select agent and toxin” means any agent or toxin identified under—
(A) section 331.3 of title 7, Code of Federal Regulations;
(B) section 121.3 or section 121.4 of title 9, Code of Federal Regulations; or
(C) section 73.3 or section 73.4 of title 42, Code of Federal Regulations.
(2) The term “covered facility” means any facility of the Department of Defense that produces biological select agents and toxins.
(Pub. L. 114328, div. A, title II, § 218, Dec. 23, 2016, 130 Stat. 2052.)
## Notes
Editorial Notes
Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2017, and not as part of Pub. L. 91121, title IV, § 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.
Statutory Notes and Related Subsidiaries
Notification of Safety and Security Concerns at Certain Department of Defense LaboratoriesPub. L. 11831, div. A, title X, § 1089, Dec. 22, 2023, 137 Stat. 420, provided that: “(a) In General.—The Secretary of Defense shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] within 7 days after ceasing operations at any Department of Defense laboratory or facility rated at biosafety level3 or higher for safety or security reasons. “(b) Content.—The notification required under subsection (a) shall include—“(1) the reason why operations have ceased at the laboratory or facility; “(2) whether appropriate notification to other Federal agencies has occurred; “(3) a description of the actions taken to determine the root cause of the cessation; and “(4) a description of the actions taken to restore operations at the laboratory or facility.”
“Congressional Defense Committees” Defined Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 114328, 130 Stat. 2025. See note under section 101 of Title 10, Armed Forces.
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release_date: "2026-06-26"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc50@119-100.zip"
source_identifier: "/us/usc/t50/s1528"
source_file: "data/legal/raw/us/code/title-50/usc50.xml"
source_hash: "c75b599506cda3d4a4fa1f0189bc8e1fca1689db85302d3ad28537936d8bc826"
raw_snapshot_hash: "708c288b5448617cab7b03b8011860274671c9aec56686858b910a06948cd7ac"
text_hash: "ff0a44ba1c60bb12793aea957c1b424b15d0b31591b5545db626d19c957b032b"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---
# 50 U.S.C. § 1528 - Congressional notification of biological select agent and toxin theft, loss, or release involving the Department of Defense
## Text
(a) Notification (1) Subject to paragraph (2), not later than 45 days after a covered report of any theft, loss, or release of a biological select agent or toxin involving the Department of Defense is filed with the Centers for Disease Control and Prevention or the Animal and Plant Health Inspection Service, the Secretary of Defense, acting through the Assistant Secretary of Defense for Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs, shall provide to the congressional defense committees notice of such theft, loss, or release.
(2) The Secretary shall provide to the congressional defense committees notice of a release under paragraph (1) only if the Secretary, acting through the Assistant Secretary, determines that the release is outside the barriers of secondary containment into the ambient air or environment or is causing occupational exposure that presents a threat to public safety.
(3) In this subsection, the term “covered report” means a report filed under any of the following (or any successor regulations):
(A) Section 331.19 of title 7, Code of Federal Regulations.
(B) Section 121.19 of title 9, Code of Federal Regulations.
(C) Section 73.19 of title 42, Code of Federal Regulations.
(b) Elements Notice of a theft, loss, or release of a biological select agent or toxin under subsection (a) shall include each of the following:
(1) The name of the agent or toxin and any identifying information, including the strain or other relevant characterization information.
(2) An estimate of the quantity of the agent or toxin stolen, lost, or released.
(3) The location or facility from which the theft, loss, or release occurred.
(4) In the case of a release, any hazards posed by the release and the number of individuals potentially exposed to the agent or toxin.
(5) Actions taken to respond to the theft, loss, or release.
(Pub. L. 114328, div. A, title X, § 1067, Dec. 23, 2016, 130 Stat. 2411; Pub. L. 11831, div. A, title X, § 1061(f), Dec. 22, 2023, 137 Stat. 399; Pub. L. 118159, div. A, title XVI, § 1621(d)(5), Dec. 23, 2024, 138 Stat. 2171.)
## Notes
Editorial Notes
Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2017, and not as part of Pub. L. 91121, title IV, § 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.
Amendments2024—Subsec. (a)(1). Pub. L. 118159 substituted “Nuclear Deterrence, Chemical, and Biological Defense Policy and Programs” for “Nuclear, Chemical, and Biological Defense Programs”. 2023—Subsec. (a). Pub. L. 11831 amended subsec. (a) generally. Prior to amendment, text read as follows: “Not later than 15 days after notice of any theft, loss, or release of a biological select agent or toxin involving the Department of Defense is provided to the Centers for Disease Control and Prevention or the Animal and Plant Health Inspection Service, as specified by section 331.19 of part 7 of the Code of Federal Regulations, the Secretary of Defense shall provide to the congressional defense committees notice of such theft, loss, or release.”
Statutory Notes and Related Subsidiaries
“Congressional Defense Committees” Defined Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of Pub. L. 114328, 130 Stat. 2025. See note under section 101 of Title 10, Armed Forces.