Sec. 1421. Authority to destroy certain specified World War II-era United States-origin chemical munitions located on San Jose Island, Republic of Panama
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Subject to subsection (b), the Secretary of Defense may destroy the chemical munitions described in subsection (c). The action authorized by this section is ex gratia on the part of the United States, as the term ex gratia is used in section 321 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( 10 U.S.C. 2701 note). The Secretary of Defense and the Secretary of State shall consult and develop any arrangements with the Republic of Panama with respect to this section. The Secretary of Defense may exercise the authority under subsection
(a)only if the Republic of Panama has— revised the declaration of the Republic of Panama under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction to indicate that the chemical munitions described in subsection
(c)are old chemical weapons rather than abandoned chemical weapons ; and affirmed, in writing, that it understands— that the United States intends only to destroy the munitions described in subsections
(c)and (d); and that the United States is not legally obligated and does not intend to destroy any other munitions, munitions constituents, and associated debris that may be located on San Jose Island as a result of research, development, and testing activities conducted on San Jose Island during the period of 1943 through 1947. The chemical munitions described in this subsection are the eight United States-origin chemical munitions located on San Jose Island, Republic of Panama, that were identified in the 2002 Final Inspection Report of the Technical Secretariat of the Organization for the Prohibition of Chemical Weapons. In exercising the authority under subsection (a), the Secretary of Defense may destroy other munitions located on San Jose Island, Republic of Panama, but only to the extent essential and required to reach and destroy the chemical munitions described in subsection (c). Of the amounts authorized to be appropriated for fiscal year 2017 for the Department of Defense for Chemical Agents and Munitions Destruction, Defense by section 1402, up to $30,000,000 may be used to carry out the authority in subsection (a).
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Sec. 1421
Authority to destroy certain specified World War II-era United States-origin chemical munitions located on San Jose Island, Republic of Panama
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