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(b) MATTERS TO BE INCLUDED IN STUDY.—The study shall specifically address

(1) the contribution such defenses could make to deterrence stability;

(2) the adequacy in this regard of existing programs, including in particular the Strategic Defense Initiative; and

(3) the adequacy of the Army's Anti-Tactical Missile (ATM) program for allied defense. (c) REPORT ON STUDY.—The Secretary of Defense shall submit to Congress a report containing the results of such study not later than February 15, 1986.

TITLE III—OPERATION AND MAINTENANCE

SEC. 305. AUTHORIZATION OF APPROPRIATIONS FOR TRANSPORTATION

OF HUMANITARIAN RELIEF SUPPLIES TO AFGHAN REFU.

GEES (a) AUTHORIZATION OF FUNDS.-(1) There is hereby authorized to be appropriated to the Department of Defense for fiscal year 1986 the sum of $10,000,000 and for fiscal year 1987 the sum of $10,000,000 for the purpose of providing transportation for humanitarian relief for persons displaced or who are refugees because of the invasion of Afghanistan by the Soviet Union.4

(2) 5 Of the funds appropriated by the Department of Defense Ap propriations Act, 1986 (as contained in section 101(b) of Public Law 99-190; 99 Stat. 1189), for operation and maintenance for the Air Force, $7,000,000 shall remain available for obligation until Sep tember 30, 1987, for the purpose described in paragraph (1) (including providing transportation of excess nonlethal supplies of the Department of Defense made available for humanitarian relief purposes under section 2547 of title 10, United States Code). Such funds shall be in addition to funds appropriated pursuant to the authorization in paragraph (1).

(b) TRANSPORTATION UNDER DIRECTION OF THE SECRETARY OF STATE.—Transportation provided with funds appropriated pursuant to the authorization in this section shall be under the direction of the Secretary of State.

(c) MEANS OF TRANSPORTATION TO BE USED.-Transportation for humanitarian relief provided with funds appropriated pursuant to the authorization in this section shall be by the most economical commercial or military means available, unless the Secretary of State determines that it is in the national interest of the United States to use means other than the most economical available. Such means may include the use of aircraft and personnel of the reserve components of the Armed Forces.

(d) 5 AUTHORIZATION TO TRANSFER FUNDS.—The Secretary of Defense is authorized to transfer to the Secretary of State not more than $3,000,000 of the funds appropriated pursuant to the authorization in this section for fiscal year 1987 to provide for (1) paying administrative costs of providing the transportation described in subsection (a), and (2) providing for the acquisition of transportation assets for the distribution of supplies outside the United States to accomplish the purposes of this section.

* Sec. 331(a) of the Department of Defense Authorization Act, 1987 (Public Law 99-661; 100 Stat. 3816), added the phrase "and for fiscal year 1987 the sum of $10,000,000".

This subsection was added by sec. 331(a) of the Department of Defense Authorization Act, 1987 (Public Law 99-661; 100 Stat. 3816).

(e) 5 AVAILABILITY OF FUNDS.-Amounts appropriated pursuant to the authorization in subsection (a) shall remain available until expended, to the extent provided in appropriation Acts.

*

TITLE X-MATTERS RELATING TO ARMS CONTROL 6

TITLE XI-MATTERS RELATING TO NATO

SEC. 1103.7 NATO COOPERATIVE RESEARCH AND DEVELOPMENT

[Repealed—1989)

TITLE XIV- GENERAL PROVISIONS

SEC 1411.8 CONDITIONS OF SPENDING FUNDS FOR BINARY CHEMICAL

MUNITIONS (a) LIMITATION ON FISCAL YEAR 1986 FUNDS.–Funds appropriated pursuant to authorizations of appropriations in title I may not be used

(1) for procurement or assembly of binary chemical munitions (or components of such munitions); or

(2) for establishment of production facilities necessary for procurement or assembly of binary chemical munitions (or components of such munitions), except in accordance with sub

sections (b), (c), (d), and (e). (b) NATO CONSULTATION.–Subject to subsections (c), (d), and (e), funds referred to in subsection (a) may be used for procurement or assembly of binary chemical munitions or for the establishment of production facilities necessary for the procurement or assembly of binary chemical munitions (or components of such munitions) if the President certifies to Congress that the United States

(1) has submitted to the North Atlantic Treaty Organization, a force goal stating the requirement for modernization of the United States proportional share of the NATO chemical deterrent with binary munitions and said force goal has been formally adopted by the North Atlantic Council;

For text, see Legislation on Foreign Relations Through 1993, vol. II, sec. F. 7 Sec. 931 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1531) codified several sections of title 10 relating to cooperative agree ments with NATO and other countries (see secs. 2350a-f, page 251), and repealed sec. 1103.

8 Sec. 1411 was amended and restated by sec. 8093 of the Further Continuing Appropriations, 1986 (Public Law 99-190; 99 Stat. 1217).

(2) has developed in coordination with the Supreme Allied Commander, Europe, a plan under which United States binary chemical munitions can be deployed under appropriate contingency plans to deter chemical weapons attacks against the United States and its allies; and

(3) has consulted with other member nations of the North Atlantic Treaty Organization (NATO) on that plan. (c) CONDITIONS FOR FINAL ASSEMBLY.-Funds referred to in subsection (a) may not be used for the final assembly of complete binary chemical munitions before October 1, 1987, and, subject to subsections (d) and (e), may only be used for such purpose on or

after that a mutuather similar States by

(1) a mutually verifiable international agreement concerning binary and other similar chemical munitions has not been entered into by the United States by that date;

(2) 9 the President, after that date, transmits to Congress a certification that,

(A) final assembly of such complete munitions is necessitated by national security interests of the United States and the interests of other NATO member nations;

(B) handling and storage safety specifications established by the Department of Defense with respect to such munitions will be met or exceeded;

(C) applicable Federal safety requirements will be met or exceeded in the handling, storage, and other use of such munitions; and

(D) the plan of the Secretary of Defense for destruction of existing United States chemical warfare stocks developed pursuant to section 1412 (which shall, if not sooner transmitted to Congress, accompany such certification) is

ready to be implemented; (3) final assembly is carried out only after the end of the 60day period beginning on the date such certification is received by the Congress;

(4) the plan of the Secretary of Defense for land-based storage of such munitions within the United States during peacetime provides that the two components that constitute a binary chemical munition are to be stored in separate States; and

(5) the plan of the Secretary of Defense for the transportation of such munitions within the United States during peacetime provides that the two components that constitute a binary munition are transported separately. (d) RESTRICTIONS ON PRODUCTION OF THE BIGEYE BOMB.—Except as provided below, none of the funds appropriated pursuant to authorizations of appropriations in title I may be used for procurement or assembly of the BIGEYE binary chemical bomb or for pro curement of components for the BIGEYE bomb until 60 days after the Secretary of Defense has submitted a report describing

(1) the specific operational requirements which must be achieved by the BIGEYE system; and

The President transmitted to the Congress certification with respect to the 155mm Binary Chemical Artillery Projectile, on October 16, 1987, as printed in House Document 100–118, Octo ber 19, 1987.

(2) the actual performance of the system during operational testing with respect to each of the operational test criteria; and

(3) any exceptions to the operational criteria deemed accepta

ble by the Department of Defense. Subject to subsection (b) nothing in this subsection will prohibit the procurement of BIGEYE production facilities and associated equip ment.

(e) RESTRICTION ON PRODUCTION OF THE GB-2 ARTILLERY PROJECTILE.—None of the funds appropriated pursuant to authorizations in title I for procurement or assembly of the GB-2 artillery projectile may be obligated or expended before October 1, 1986.

(f) SENSE OF CONGRESS. It is the sense of Congress that existing unitary chemical munitions currently stored in the United States and in European member nations of NATO should be replaced by modern, safer binary chemical munitions.

(g) REPORT.-Not later than October 1, 1986, the President shall submit to Congress a report describing the results of consultations among NATO member nations concerning the organization's chemical deterrent posture. The report shall include descriptions of any consultations concerning

(1) efforts to provide key civilian workers at military support facilities in Europe

(A) with personal and collective equipment to protect against the use of chemical munitions; and

(B) with the training required for the use of such equip ment; (2) efforts to upgrade the chemical reconnaissance, decontamination, and protective capabilities of the military forces of each NATO member nation to a level adequate to meet the chemical threat identified in NATO intelligence estimates;

(3) efforts to initiate a NATO-wide study of measures required to protect ports, airfields, logistics centers, and command and 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. 1412.10 DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMI.

CAL AGENTS AND MUNITIONS (a) 11 IN GENERAL.—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 lethal chemical agents and munitions that exists on November 8, 1985.12

10 50 U.S.C. 1521. See also subtitle G of Public Law 102-484 (106 Stat. 2341), page 353.

11 Sec. 179(1) of Public Law 102–484 (106 Stat. 2347) struck out par. designation (1), and struck out par. (2) in subsec.(a).

12 Sec. 171(b) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101510; 104 Stat. 1507) struck out the date of the enactment of this Act" and inserted in lieu there of "November 8, 1985".

(b) DATE FOR COMPLETION.—(1) Except as provided by paragraphs (2) and (3), the destruction of such stockpile shall be completed by the stockpile elimination deadline 13

(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.

(3XA) 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 Defense 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 the stockpile elimination deadline, 13 the de struction of not more than 10 percent of the stockpile described in subsection (a/1).

(B) The Secretary shall transmit written notice to the Congress of any deferral made under subparagraph (A) not later than the earlier of (A) 30 days after the date on which the decision to defer is made, or (B) 30 days before the stockpile elimination deadline. 14

(4) 15 If the Secretary determines at any time that there will be a delay in meeting the requirement in paragraph (1) for the completion of the destruction of chemical weapons by the stockpile elimination deadline, the Secretary shall immediately notify the Committees on Armed Services of the Senate and House of Representative of that projected delay.

(5) 15 For purposes of this section, the term “stockpile elimination deadline" means July 31, 1999.16

(c) ENVIRONMENTAL PROTECTION AND USE OF FACILITIES. (1) In carrying out the requirement of subsection (a),17 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 de struction 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.

13 Sec. 118(aX1) of the National Defense Authorization Act, Fiscal Year 1989 (Public Law 100456; 102 Sta 1934) struck out “September 30, 1994” and inserted in lieu thereof “the stockpile elimination deadline".

1* Sec. 118(aX2) of the National Defense Authorization Act, Fiscal Year 1989 (Public Law 100456; 102 Stat. 1934) struck out "within 30 days after the date on which the determination to defer is made or by August 31, 1994, whichever is earlier." and inserted in lieu thereof text beginning at "not later than the earlier of

is Sec. 118(aX3) of the National Defense Authorization Act, Fiscal Year 1989 (Public Law 100456; 102 Stat. 1934) added new par. (4) and (5).

18 Sec. 151(a) of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1313) struck out "April 30, 1997" and inserted in lieu thereof "July 31, 1999.

17 Sec. 179(2) of Public Law 102-484 (106 Stat. 2347) struck out "subsection (aX1)” and inserted in lieu thereof “subsection (a)".

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