March 20, 1997

The Chemical and Biological Weapons Threat Reduction Act

There currently exists no statute providing comprehensive criminal, civil and other penalties for the acquisition, possession, transfer or use of chemical or biological weapons. To fill this void, the Senate Republican leadership plans to introduce this week "The Chemical and Biological Weapons Threat Reduction Act." This Republican legislative initiative sets out stiff domestic penalties for prohibited chemical and biological weapons activities. The act further reaffirms support for elimination of the U.S. chemical weapons stockpile, requires the President to sanction countries that use these weapons, and establishes the need for improved international enforcement mechanisms.

The Chemical and Biological Weapons Threat Reduction Act

• Outlaws the Entire Range of Chemical and Biological Weapons Activities Within the United States: The bill sets out civil and criminal penalties for the acquisition, possession, transfer or use of Chemical Weapons (CW) and Biological Weapons (BW). The bill mandates a $100,000 penalty for civil violations, and provides the death penalty where CW/BW use leads to the loss of life. In addition, under this provision, export privileges can be revoked and patent rights suspended.
• Requires U.S. Sanctions Against Any Country that Uses CW/BW Against Another Country or its Own Nationals: A range of sanctions can be imposed, including: termination of foreign assistance, arms sales, arms sales financing, and U.S. multilateral trade credits; trade restrictions; suspension of aviation rights; and suspension of diplomatic relations. In addition, the U.S. Government can freeze such country's assets for future compensation to victims of CW and BW use.
• Calls for Adding "Teeth" to the 1925 Geneva Protocol Banning CW Use: The bill sets out a U.S. policy to seek effective international enforcement mechanisms to existing, multilateral CW and BW agreements, and urges and directs the Secretary of State to work to convene an international negotiating forum for the purpose of concluding an international agreement on the enforcement of the 1925 Geneva Protocol prohibiting the use of poison gas in war. Multilateral sanctions would complement and reinforce U.S. sanctions policy.
• Establishes Criteria for Continued U.S. Aid to Russia for CW/BW Dismantlement and Destruction: Any assistance to Russia for facilitating the dismantling of its chemical weapons stockpiles is contingent upon Russia showing a commitment to abide by existing bilateral and multilateral agreements on chemical and biological weapons, including: making reasonable progress on implementing the 1990 Bilateral Destruction Agreement (which requires Russia to destroy all but 5,000 tons of its chemical agents and to halt any further CW production); resolution of outstanding issues with respect to the 1989 Wyoming Memorandum of Understanding (setting out a two-phased CW data exchange and verification initiative); accurate declaration of all information on Russian unitary and binary chemical weapons; and Russian compliance with the 1972 Biological and Toxin Weapons Convention (which prohibits the acquisition, development, production and stockpiling of biological and toxin weapons).
• Conditions U.S. Funding to the Chemical Weapons Convention's Organization for the Prohibition of Chemical Weapons (OPCW): The legislation conditions U.S. funding for the OPCW, the organization for implementing the CWC, on that treaty entering into force in the United States.
• Calls for the Continuation and Enhancement of Multilateral Regimes that Control CW- and BW-Related Trade: The bill sets out U.S. policy to maintain and strengthen existing national and multinational restrictions on chemical and biological trade. The legislation includes a sense of Senate provision expressing the view that the collapse or weakening of the existing informal "Australia Group" controls would seriously undermine international and national efforts to limit CW and BW proliferation.
• Requires Continuing Enhancements to U.S. Chemical and Biological Defenses: A Sense of Congress language is included expressing the view that U.S. forces are inadequately equipped, organized, trained and exercised for operations on CW and BW battlefields. The bill calls on the Secretary of Defense to take the steps necessary to ensure U.S. forces can fight and win in regional conflicts involving CW or BW use. Furthermore, the legislation directs the Secretaries of Defense and State to place a high priority on discussions with key allies to ensure their forces' preparedness for operations in CW- and BW-contaminated environments.
• Requires a Review of U.S. "Negative Security Assurance" Policy: The bill includes a Sense of Congress provision that the President should re-evaluate current U.S. deterrence policy that would prohibit a nuclear response to a chemical attack by a non-nuclear weapons state (for example, Libya).
• Establishes U.S. Policy on Riot Control Agents (RCAs): The bill maintains the policy established by President Ford, permitting the use of RCAs for, among other things, the rescue of downed pilots and situations where combatants and non-combatants are intermingled.
• Calls For Several Presidential Reports: The legislation mandates an annual, classified Presidential Report on proliferation-related activities of countries of concern, foreign persons and third countries assisting CW and BW programs, and sub-national groups, as well as an annual report to Congress on progress made in correcting identified deficiencies and improving CW/BW defense preparedness of U.S. armed forces. In addition, the President is to forward a report on the "Negative Security Assurance" policy of the United States within 180 days of enactment.

Why the Bill is Needed

• Bolsters U.S. International Leadership on Chemical Weapons, Whether or Not the U.S. Ratifies the Chemical Weapons Convention: This legislation demonstrates our firm commitment to destroy U.S. chemical weapons stocks, setting the example for other countries to follow suit. In addition, the bill underscores U.S. engagement in global nonproliferation efforts. Finally, the bill highlights our strong commitment to reinforce existing international norms against chemical weapons.
• Provides A Comprehensive U.S. Plan Addressing CW/BW: This legislation is unique because it sets out stiff criminal and civil penalties for the entire spectrum of chemical and biological weapons activities, including the acquisition, possession, transfer or use of CW and BW. For example, with regard to chemical weapons, existing law simply outlaws the "use of" or "conspiracy to use" these weapons.
• Reinforces Deterrence Against CW/BW Use: Strong controls on CW and BW trade makes it more difficult and raises the costs for rogue nations to acquire CW/BW. Robust U.S. and allied CW/BW defenses devalue the political and military utility of CW/BW by our opponents. Requiring the imposition of sanctions against any country that uses poison gas against another country or its own nationals could reduce the chance they would be used in the first place.