CHEMICAL AGENTS USED FOR DEFENSIVE TRAINING.

SEC. 1065. CHEMICAL AGENTS USED FOR DEFENSIVE TRAINING. (a) Authority to Transfer Agents.—(1) The Secretary of Defense may transfer to the Attorney General, in accordance with the Chemical Weapons Convention, quantities of lethal chemical agents required to support training at the Center for Domestic Preparedness in Fort McClellan, Alabama. The quantity of lethal chemical agents transferred under this section may not exceed that required to support training for emergency first-response personnel in addressing the health, safety, and law enforcement concerns associated with potential terrorist incidents that might involve the use of lethal chemical weapons or agents, or other training designated by the Attorney General. (2) The Secretary of Defense, in coordination with the Attorney General, shall determine the amount of lethal chemical agents that shall be transferred under this section. Such amount shall be transferred from quantities of lethal chemical agents that are produced, acquired, or retained by the Department of Defense. (3) The Secretary of Defense may not transfer lethal chemical agents under this section until—113 STAT. 770 (A) the Center referred to in paragraph (1) is transferred from the Department of Defense to the Department of Justice; and (B) the Secretary determines that the Attorney General is prepared to receive such agents. (4) To carry out the training described in paragraph (1) and other defensive training not prohibited by the Chemical Weapons Convention, the Secretary of Defense may transport lethal chemical agents from a Department of Defense facility in one State to a Department of Justice or Department of Defense facility in another State. (5) Quantities of lethal chemical agents transferred under this section shall meet all applicable requirements for transportation, storage, treatment, and disposal of such agents and for any resulting hazardous waste products. (b) Annual Report.—The Secretary of Defense, in consultation with the Attorney General, shall report annually to Congress regarding the disposition of lethal chemical agents transferred under this section. (c) Non-Interference With Treaty Obligations.—Nothing in this section may be construed as interfering with United States treaty obligations under the Chemical Weapons Convention. (d) Chemical Weapons Convention Defined.—In this section, the term “Chemical Weapons Convention” means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on January 13, 1993.