[H. R. 2977] - Space Preservation Act of 2001 (Introduced in House)

107th CONGRESS



1st Session

H. R. 2977


To preserve the cooperative, peaceful uses of space for the benefit of all humankind by permanently prohibiting the basing of weapons in space by the United States, and to require the President to take action to adopt and implement a world treaty banning space-based weapons.

IN THE HOUSE OF REPRESENTATIVES



October 2, 2001
Mr. KUCINICH introduced the following bill; which was referred to the Committee on Science, and in addition to the Committees on Armed Services, and International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned







A BILL
To preserve the cooperative, peaceful uses of space for the benefit of all humankind by permanently prohibiting the basing of weapons in space by the United States, and to require the President to take action to adopt and implement a world treaty banning space-based weapons.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.



This Act may be cited as the `Space Preservation Act of 2001'.

SEC. 2. REAFFIRMATION OF POLICY ON THE PRESERVATION OF PEACE IN SPACE.



Congress reaffirms the policy expressed in section 102(a) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451(a)), stating that it `is the policy of the United States that activities in space should be devoted to peaceful purposes for the benefit of all mankind.'.

SEC. 3. PERMANENT BAN ON BASING OF WEAPONS IN SPACE.



The President shall--

(1) implement a permanent ban on space-based weapons of the United States and remove from space any existing space-based weapons of the United States; and

(2) immediately order the permanent termination of research and development, testing, manufacturing, production, and deployment of all space-based weapons of the United States and their components.

SEC. 4. WORLD AGREEMENT BANNING SPACE-BASED WEAPONS.



The President shall direct the United States representatives to the United Nations and other international organizations to immediately work toward negotiating, adopting, and implementing a world agreement banning space-based weapons.

SEC. 5. REPORT.



The President shall submit to Congress not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, a report on--

(1) the implementation of the permanent ban on space-based weapons required by section 3; and

(2) progress toward negotiating, adopting, and implementing the
agreement described in section 4.

SEC. 6. NON SPACE-BASED WEAPONS ACTIVITIES.



Nothing in this Act may be construed as prohibiting the use of funds for--

(1) space exploration;

(2) space research and development;

(3) testing, manufacturing, or production that is not related to space-based weapons or systems; or

(4) civil, commercial, or defense activities (including communications, navigation, surveillance, reconnaissance, early warning, or remote sensing) that are not related to space-based weapons or systems.

SEC. 7. DEFINITIONS.



In this Act:

(1) The term `space' means all space extending upward from an altitude greater than 60 kilometers above the surface of the earth and any celestial body in such space.

(2)(A) The terms `weapon' and `weapons system' mean a device capable of any of the following:

(i) Damaging or destroying an object (whether in outer space, in the atmosphere, or on earth) by--

(I) firing one or more projectiles to collide with that object;

(II) detonating one or more explosive devices in close proximity to that object;

(III) directing a source of energy (including molecular or atomic energy, subatomic particle beams, electromagnetic radiation, plasma, or extremely low frequency (ELF) or ultra low frequency (ULF) energy radiation) against that object; or

(IV) any other unacknowledged or as yet undeveloped means.

(ii) Inflicting death or injury on, or damaging or destroying, a person (or the biological life, bodily health, mental health, or physical and economic well-being of a person)--

(I) through the use of any of the means described in clause (i) or subparagraph (B);

(II) through the use of land-based, sea-based, or space-based systems using radiation, electromagnetic, psychotronic, sonic, laser, or other energies directed at individual persons or targeted populations for the purpose of information war, mood management, or mind control of such persons or populations; or

(III) by expelling chemical or biological agents in the vicinity of a person.

(B) Such terms include exotic weapons systems such as--

(i) electronic, psychotronic, or information weapons;

(ii) chemtrails;

(iii) high altitude ultra low frequency weapons systems;

(iv) plasma, electromagnetic, sonic, or ultrasonic weapons;

(v) laser weapons systems;

(vi) strategic, theater, tactical, or extraterrestrial weapons; and

(vii) chemical, biological, environmental, climate, or tectonic
weapons.

(C) The term `exotic weapons systems' includes weapons designed to damage space or natural ecosystems (such as the ionosphere and upper atmosphere) or climate, weather, and tectonic systems with the purpose of inducing damage or destruction upon a target population or region on earth or in space.

URL: http://thomas.loc.gov

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    ''(2) Any recommended legislation regarding chemical warfare defense.
    ''(3) The plan for the research program.''

STUDY OF FACILITY FOR TRAINING AND EVALUATION OF CHEMICAL OR BIOLOGICAL WEAPONS RESPONSE PERSONNEL

Pub. L. 104-132, title V, Sec. 521(b), Apr. 24, 1996, 110 Stat. 1286, provided that:

    ''(1) Findings. - The Congress finds that -
      ''(A) the threat of the use of chemical and biological weapons by Third World countries and by terrorist organizations has increased in recent years and is now a problem of worldwide significance;
      ''(B) the military and law enforcement agencies in the United States that are responsible for responding to the use of such weapons require additional testing, training, and evaluation facilities to ensure that the personnel of such agencies discharge their responsibilities effectively; and
      ''(C) a facility that recreates urban and suburban locations would provide an especially effective environment in which to test, train, and evaluate such personnel for that purpose.

''(2) Study of facility. -

    ''(A) In general. - The President shall establish an interagency task force to determine the feasibility and advisability of establishing a facility that recreates both an urban environment and a suburban environment in such a way as to permit the effective testing, training, and evaluation in such environments of government personnel who are responsible for responding to the use of chemical and biological weapons in the United States.
    ''(B) Description of facility. - The facility considered under subparagraph (A) shall include -
      ''(i) facilities common to urban environments (including a multistory building and an underground rail transit system) and to suburban environments;
      ''(ii) the capacity to produce controllable releases of chemical and biological agents from a variety of urban and suburban structures, including laboratories, small buildings, and dwellings;
      ''(iii) the capacity to produce controllable releases of chemical and biological agents into sewage, water, and air management systems common to urban areas and suburban areas;
      ''(iv) chemical and biocontaminant facilities at the P3 and P4 levels;
      ''(v) the capacity to test and evaluate the effectiveness of a variety of protective clothing and facilities and survival techniques in urban areas and suburban areas; and
      ''(vi) the capacity to test and evaluate the effectiveness of variable sensor arrays (including video, audio, meteorological, chemical, and biosensor arrays) in urban areas and suburban areas.

    ''(C) Sense of congress. - It is the sense of Congress that the facility considered under subparagraph (A) shall, if established -
      ''(i) be under the jurisdiction of the Secretary of Defense; and
      ''(ii) be located at a principal facility of the Department of Defense for the testing and evaluation of the use of chemical and biological weapons during any period of armed conflict.''

CONSOLIDATION OF CHEMICAL AND BIOLOGICAL DEFENSE TRAINING ACTIVITIES

Section 1702 of Pub. L. 103-160 provided that: ''The Secretary of Defense shall consolidate all chemical and biological warfare defense training activities of the Department of Defense at the United States Army Chemical School.''

SENSE OF CONGRESS CONCERNING FEDERAL EMERGENCY PLANNING FOR RESPONSE TO TERRORIST THREATS

Section 1704 of Pub. L. 103-160 provided that: ''It is the sense of Congress that the President should strengthen Federal interagency emergency planning by the Federal Emergency Management Agency and other appropriate Federal, State, and local agencies for development of a capability for early detection and warning of and response to -

    ''(1) potential terrorist use of chemical or biological agents or weapons; and
    ''(2) emergencies or natural disasters involving industrial chemicals or the widespread outbreak of disease.''

-CITE-

    50 USC Sec. 1523
01/05/99

-EXPCITE-
TITLE 50 - WAR AND NATIONAL DEFENSE
CHAPTER 32 - CHEMICAL AND BIOLOGICAL WARFARE PROGRAM

-HEAD-

    Sec. 1523. Annual report on chemical and biological warfare defense

-STATUTE-

    (a) Report required The Secretary of Defense shall include in the annual report of the Secretary under section 113(c) of title 10 a report on chemical and biological warfare defense. The report shall assess -
      (1) the overall readiness of the Armed Forces to fight in a chemical-biological warfare environment and shall describe steps taken and planned to be taken to improve such readiness; and
      (2) requirements for the chemical and biological warfare defense program, including requirements for training, detection, and protective equipment, for medical prophylaxis, and for treatment of casualties resulting from use of chemical or biological weapons.

(b) Matters to be included The report shall include information on the following:

    (1) The quantities, characteristics, and capabilities of fielded chemical and biological defense equipment to meet wartime and peacetime requirements for support of the Armed Forces, including individual protective items.
    (2) The status of research and development programs, and acquisition programs, for required improvements in chemical and biological defense equipment and medical treatment, including an assessment of the ability of the Department of Defense and the industrial base to meet those requirements.
    (3) Measures taken to ensure the integration of requirements for chemical and biological defense equipment and material among the Armed Forces.
    (4) The status of nuclear, biological, and chemical (NBC) warfare defense training and readiness among the Armed Forces and measures being taken to include realistic nuclear, biological, and chemical warfare simulations in war games, battle simulations, and training exercises.
    (5) Measures taken to improve overall management and coordination of the chemical and biological defense program.
    (6) Problems encountered in the chemical and biological warfare defense program during the past year and recommended solutions to those problems for which additional resources or actions by the Congress are required.
    (7) A description of the chemical warfare defense preparations that have been and are being undertaken by the Department of Defense to address needs which may arise under article X of the Chemical Weapons Convention.
(
    8) A summary of other preparations undertaken by the Department of Defense and the On-Site Inspection Agency to prepare for and to assist in the implementation of the convention, including activities such as training for inspectors, preparation of defense installations for inspections under the convention using the Defense Treaty Inspection Readiness Program, provision of chemical weapons detection equipment, and assistance in the safe transportation, storage, and destruction of chemical weapons in other signatory nations to the convention.
    (9) A description of any program involving the testing of biological or chemical agents on human subjects that was carried out by the Department of Defense during the period covered by the report, together with -
      (A) a detailed justification for the testing;
      (B) a detailed explanation of the purposes of the testing;
      (C) a description of each chemical or biological agent tested; and
      (D) the Secretary's certification that informed consent to the testing was obtained from each human subject in advance of the testing on that subject.

-SOURCE-
(Pub. L. 103-160, div. A, title XVII, Sec. 1703, Nov. 30, 1993, 107 Stat. 1854; Pub. L. 105-85, div. A, title X, Sec. 1078(f), Nov. 18, 1997, 111 Stat. 1915.)

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1994, and not as part of Pub. L. 91-121, title IV, Sec. 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.

-MISC3-

AMENDMENTS

1997 - Subsec. (b)(9). Pub. L. 105-85 added par. (9).

-CITE-

    50 USC Sec. 1524
01/05/99

-EXPCITE-

    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 32 - CHEMICAL AND BIOLOGICAL WARFARE PROGRAM

-HEAD-
Sec. 1524. Agreements to provide support to vaccination programs of Department of Health and Human Services

-STATUTE-

    (a) Agreements authorized The Secretary of Defense may enter into agreements with the Secretary of Health and Human Services to provide support for vaccination programs of the Secretary of Health and Human Services in the United States through use of the excess peacetime biological weapons defense capability of the Department of Defense.
    (b) Report Not later than February 1, 1994, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility of providing Department of Defense support for vaccination programs under subsection (a) of this section and shall identify resource requirements that are not within the Department's capability.

-SOURCE-

    (Pub. L. 103-160, div. A, title XVII, Sec. 1705, Nov. 30, 1993, 107 Stat. 1856.)

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1994, and not as part of Pub. L. 91-121, title IV, Sec. 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.

-CROSS-

''CONGRESSIONAL DEFENSE COMMITTEES'' DEFINED

Congressional defense committees means the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives, see section 3 of Pub. L. 103-160, 107 Stat. 1562.

-CITE-

    50 USC Sec. 1525
01/05/99

-EXPCITE-

    TITLE 50 - WAR AND NATIONAL DEFENSE
    CHAPTER 32 - CHEMICAL AND BIOLOGICAL WARFARE PROGRAM

-HEAD-

    Sec. 1525. Assistance for facilities subject to inspection under Chemical Weapons Convention

-STATUTE-

    (a) Assistance authorized Upon the request of the owner or operator of a facility that is subject to a routine inspection or a challenge inspection under the Chemical Weapons Convention, the Secretary of Defense may provide technical assistance to that owner or operator related to compliance of that facility with the Convention. Any such assistance shall be provided through the On-Site Inspection Agency of the Department of Defense.
    (b) Reimbursement requirement The Secretary may provide assistance under subsection (a) of this section only to the extent that the Secretary determines that the Department of Defense will be reimbursed for costs incurred in providing the assistance. The United States National Authority may provide such reimbursement from amounts available to it. Any such reimbursement shall be credited to amounts available for the On-Site Inspection Agency.
    (c) Definitions In this section:
      (1) The terms ''Chemical Weapons Convention'' and ''Convention'' mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, ratified by the United States on April 25, 1997, and entered into force on April 29, 1997.
    (
      2) The term ''facility that is subject to a routine inspection'' means a declared facility, as defined in paragraph 15 of part X of the Annex on Implementation and Verification of the Convention.
      (3) The term ''challenge inspection'' means an inspection conducted under Article IX of the Convention.
      (4) The term ''United States National Authority'' means the United States National Authority established or designated pursuant to Article VII, paragraph 4, of the Convention.

-SOURCE- (

    Pub. L. 105-85, div. A, title XIII, Sec. 1303, Nov. 18, 1997, 111 Stat. 1951.)

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1998, and not as part of Pub. L. 91-121, title IV, Sec. 409, Nov. 19, 1969, 83 Stat. 209, which comprises this chapter.

-CITE-

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