Sec. 1283. 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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## SEC. 1283 AUTHORITY TO DESTROY CERTAIN SPECIFIED WORLD WAR II-ERA UNITED STATES-ORIGIN CHEMICAL MUNITIONS LOCATED ON SAN JOSE ISLAND, REPUBLIC OF PANAMA ###
(a)Authority ####
(1)In general Subject to subsection (b), the Secretary of Defense may destroy the chemical munitions described in subsection (c). ####
(2)Ex gratia action 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 (Public Law 105-261; 10 U.S.C. 2701 note). ####
(3)Consultation between secretary of defense and secretary of state 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. ###
(b)Conditions The Secretary of Defense may exercise the authority under subsection
(a)only if the Republic of Panama has— ####
(1)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 ####
(2)affirmed, in writing, that it understands
(A)that the United States intends only to destroy the munitions described in subsections
(c)and (d), and
(B)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. ###
(c)Chemical Munitions 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. ###
(d)Limited Incidental Authority To Destroy Other Munitions 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). ###
(e)Source of Funds Of the amounts authorized to be appropriated by this Act, the Secretary of Defense may use up to $30,000,000 from amounts made available for Chemical Agents and Munitions Destruction, Defense to carry out the authority in subsection (a). ###
(f)Sunset The authority under subsection
(a)shall terminate on the date that is 3 years after the date of the enactment of this Act.
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- Pub. L. 105-261
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Sec. 1283
AUTHORITY TO DESTROY CERTAIN SPECIFIED WORLD WAR II-ERA UNITED STATES-ORIGIN CHEMICAL MUNITIONS LOCATED ON SAN JOSE ISLAND, REPUBLIC OF PANAMA
Pub. L.Pub. L. 105-261
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