Wyden Challenges Legality of DoD Chemical Weapons Study
Study Suggesting Transportation Over State Lines Appears To Be A Violation of Federal Law
WASHINGTON, DC - Insisting that the Department of Defense follow the law in its effort to eradicate the nation's stockpile of chemical weapons, U.S. Senator Ron Wyden (D-Ore.) sent letters today to both Secretary of Defense Robert Gates and Inspector General of the Department of Defense Claude Kicklighter challenging portions of the June 2008 Chemical Demilitarization Program Semi-Annual Report to Congress which cites interstate transportation of chemical munitions between disposal facilities as a potential strategy for faster destruction. Due to the extraordinary safety and environmental concerns of transporting chemical weapons, Wyden has been a long-time critic of interstate transport.
"Congress clearly made it illegal for the Department of Defense to study the possibility of transporting chemical weapons across state lines," said Wyden in the letter to Gates. "Clearer language would be hard to find… I would like to know what possible legal authority you can point to that allows you to study transporting chemical weapons… As much as I would like to see the destruction completed, I insist that it be done safely and in accordance with the law."
Wyden has requested an assurance from the Secretary of Defense that the DoD will cease studying the interstate transport option and has asked the Inspector General to investigate whether the Department violated the law in conducting the study.
The full text of both letters is below:
July 7, 2008
Robert M. Gates
Secretary of Defense
1000 Defense Pentagon
Washington, DC 20301-1000
Dear Mr. Secretary,
I am writing to express my strong concern with portions of the Chemical Demilitarization Program Semi-Annual Report to Congress for June 2008. The report analyzes three options for accelerating the destruction of the national chemical weapons stockpile. Of the options, the authors include transporting portions of the stockpile to other destruction facilities.
Congress clearly made it illegal for the Department of Defense to study the possibility of transporting chemical weapons across state lines in Public Law 109-13. The law states, "No funds appropriated or otherwise made available to the Secretary of Defense under this Act or any other Act may be obligated or expended to finance directly or indirectly any study related to the transportation of chemical weapons across State lines." Clearer language would be hard to find. In addition, your report itself notes that Title 50 of the United States Code prohibits transportation of chemical munitions across State lines.
Congress did not create these legal prohibitions lightly. There was a great amount of thought and debate about the extraordinary risks associated with transporting these munitions, including possible terrorist activity and traffic hazards. I would like to know what possible legal authority you can point to that allows you to study transporting chemical weapons.
In addition, transportation of the chemical weapons is the only option that contains inherent and extreme safety hazards, but your report utterly fails to address that issue. We cannot afford to allow these chemical weapons or their contents to be turned loose on the American people or on the environment. As much as I would like to see the destruction completed, I insist that it be done safely and in accordance with the law.
In your reply, I would like to know what option your planners are still studying. I would also like some assurance that the transportation option is not one DoD is still studying, or will study in the future.
Because of the urgency of this issue, I would like a reply within the next 15 days.
Sincerely,
Ron Wyden
United States Senator
July 7, 2008
Mr. Claude Kicklighter
Inspector General of the Department of Defense
The Pentagon
Washington, DC 20301
Dear Mr. Kicklighter,
I am writing to ask you to investigate the study of transportation of chemical weapons as part of the Chemical Demilitarization Program Semi-Annual Report to Congress for June 2008. The report analyzes three options for accelerating the destruction of the national chemical weapons stockpile. Of the options, the authors include transporting portions of the stockpile to other destruction facilities.
Congress clearly made it illegal for the Department of Defense to study the possibility of transporting chemical weapons across state lines in Public Law 109-13. Section 1115 of the law states, "No funds appropriated or otherwise made available to the Secretary of Defense under this Act or any other Act may be obligated or expended to finance directly or indirectly any study related to the transportation of chemical weapons across State lines."
I am asking you to investigate whether the Department violated the law by conducting the study found in the Chemical Demilitarization Program Semi-Annual Report to Congress for June 2008. As much as I would like to see the destruction completed, I insist that it be done safely and in accordance with the law.
Thank you for your assistance in this important matter.
Sincerely,
Ron Wyden
United States Senator
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