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U.S. Code as of:
01/19/04
Section 1512. Transportation, open air testing, and disposal; Presidential determination; report to Congress; notice to Congress and State Governors
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
chapter 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.
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