Pub. L. 91-441, tit. V, sec. 506

Sec. 506. (a) 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. (b) (1) Section 409(b) of Public Law 91–121, approved November 19, 1969 (83 Stat. 209), is amended— (A) by striking out “or the open air testing of any such agent within the United States” in the material immediately preceding paragraph (1) and inserting in lieu thereof the following; “the open air testing of any such agent within the United States, or the disposal of any such agent within the United States”; (B) by striking out “transportation or testing” each time it appears in paragraphs (2), (3), and (4) and inserting in lieu thereof “transportation, testing, or disposal”; and (C) by inserting “or disposal” immediately after “such testing” in paragraph (4) (A). (2) Section 409(c)(1) of such public law is amended— (A) by striking out “deployment, or storage, or both,” and inserting in lieu thereof “deployment, storage, or disposal”; and (B) by striking out “deployment or storage” immediately after “unless prior notice of” and inserting in lieu thereof “deployment, storage, or disposal”. (3) The first sentence of section 409(c)(2) of such public law is amended by inserting “, or for the disposal of any munitions in international waters,” immediately after “outside the United States”. (4) Section 409 of such public law is further amended by adding at the end thereof a new subsection as follows: “(g) Nothing contained in this section 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 would clearly endanger the health or safety of any person.” 84 Stat. 913 (c) (1) The Secretary of Defense shall undertake to enter into appropriate arrangements with the National Academy of Sciences to conduct a comprehensive study and investigation to determine (A) the ecological and physiological dangers inherent in the use of herbicides, and (B) the ecological and physiological effects of the defoliation program carried out by the Department of Defense in South Vietnam. (2) Of the funds authorized by this Act for research, development, testing, and evaluation of chemical warfare agents and for defense against biological warfare agents, such amounts as are required shall be available to carry out the study and investigation authorized by paragraph (1) of this subsection. (3) In entering into any arrangement with the National Academy of Sciences for conducting the study and investigation authorized by paragraph (1) of this subsection, the Secretary of Defense shall request that the National Academy of Sciences submit a final report containing the results of its study and investigation to the Secretary not later than January 31, 1972. The Secretary shall transmit copies of such report to the President and the Congress, together with such comments and recommendations as he deems appropriate, not later than March 1, 1972. (d) On and after the date of enactment of this Act, 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.