TO JAMES L. MALONE, ESQ.FROM GEORGE L. CARY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000600130005-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 11
• Document Creation Date: December 16, 2016
• Document Release Date: August 16, 2005
• Sequence Number: 5
• Publication Date: November 18, 1975
• Content Type: LETTER

OLC 75-2870/a
Approved For Release 2005/08/24: CIA-RDP77M00144R0006001 0005
CENTRAL INTELLIGENCE AGENCY
WASHINGTON,D.C. 20505
18 NOV 1975
J a m c- s L. Malone, Esq.
General Counsel
United States Arms Control and
Disarmament Agency
Washington, D.C. 20451.
Dear Mr. Malone:
We have received your lettei of November 4, 1975, in which you
forwarded a revised draft of a bill which would implement the Biological
Weapons Convention. As the draft is substantially responsive to our
previous written comments sent to the NSC on October 29, 1975, and our
remarks at our meeting on November 3, we have no further comments or
suggestions.
Sincerely,
SIGNED
George L. Cary
Legislative Counsel
Distribution:
Orig - Addressee
1. - OGC
%- OLC Subject
1 - OLC Chrono
OLC: WPB: sk (11 Nov 75)
CL T
Approved For Release 2005/08/24: CIA-RDP77M00144R000600130005-0
 Approved For Release 2005/08/24: CIA-RDP77M00144R00060004"
Journal - Office, of Legislative Counsel Page 7.
Friday 14 November 1975
4. BRIEFINGS Accompanied Joseph Kokalas,
OSI, to brief George Berdes, Consultant on the Subcoi'n.mittee on' International
Security and Scientific Affairs, Committee 'on Inter nati.otial Relation's, on
chemical warfare }n the USSR and verification problems for the United
States.
25X1
7.
C alli son,
CONSTITUENT Took a call from Dave
in the office of Senator 13oh Packwood (R., Ore. ), Callison was
hana.liag _. 1ettF::r fro .t1 a cot-03
tittten~lar en Corn;rti:ssion were not: to be
tfee cy's history of cool)Or.?ation
hi;:at t;, Lice i:,ational. Archives for an
who ~:tskcsd zany .~yo~rt.e (Joc:uar,c,tzt:, of the
r eIeasecl for 50 years. I briefly explained
with the War ro e Commis i-on, but referred
answer to his basic question.
T-.L~,G1sLn.TlGGN James Malone, General
1rin_ n o s
Cc,t.an:~el, _ rlrrs C'c>nt~ >l and Di.,< )r~t l1s called to ask if w( could.
WI tyre dra.ft hill iri;pl~.tt)c rttir; the 1).ologicat warfare
convciit-ion on i~'io ~iay, 17 l~~ovettal:>er at l~ : P1 1), tn. to be held ai.t: the St tt.o
.1 told hit we could.
De:p e t ttrrcnt. n
pprove or a ease 2005/08/24: CIA-RDP77M00144R000600130005-0
 Approved For Relea
W4 :` Gf l~~ 111 448000600130005-0
~e 2CIW
Journal - Office of Legislative Counsel Page 3
Monday - 17 November 1975
10. 1. 1 LIAISON I took a call from
Rick Gilmore, on the staff of the Subcommittee on. Multinational
Corporations, Senate Foreign Relations Committee, who said
that even though Senator Dick Clark (D., Iowa) is not going to
Moscow that the Senator felt that Mr. Gilmore should still go..
Mr. Gilmore wanted to know what I thought about his making
the trip without the Senator. I told him that we were not able
to comment one way or the other on this as the matter was
outside our field of responsibility. He asked me to think about
it and call him back.
11. LEGISLATION OGC, 25X1
and I went to a conference at Arms Control and Disarm, silent Agen,cy~ concerning
the State D~1 rtrnent's c6raft bill, to implement the convention on biological
weapons. Representatives from the State Department, Justice Department
and Arms Control and Disarmament Agency were present. (See Memorandum
for the Record.)
12. LIAISON Took a call. from Joan Maloney,
of the International Division of GAO. Maloney,, who has a top secret
clearance, is currently working at the Pentagon on a GAO project to study
the American military posture in the Far East. She has learned of the
existence of the AEGIS system--a CIA-run computer program which could
give her a bibliography of all classified publications on the subject. She
asked that a bibliography he prepared for her and gave me the names of
Agency officials responsible for the system. I told her I would check with
these employees.
25X1
Approved For Release 2005/08/24: CIA-RDP77M00144R000600130005-0
 Approved For Release 2005/08/24: CIA-RDP77M00144R00~0d,13(Q'009--0~
UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
WASHINGTON, D.C. 20451
November 4, 1975
Office of Legislative Counsel
Central Intelligence Agency
Washington, D.C. 20505
Enclosed is a revised draft of the implementing leg-
islation for the BW Convention, which reflects the changes
discussed during our meeting concerning comments raised by
the CIA. We would appreciate your obtaining the proper
clearances within the Agency as soon as possible.
Sixlcerely,
es L. Malone
neral Counsel
As stated.
Approved For Release 2005/08/24: CIA-RDP77M00144R000600130005-0
 Approved For Release 2005/08/24: CIA-RDP77M00144R000600130005-0
To implement the Convention on the Prohibition of the
Development, Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on Their Destruction.
Be it enacted by the Senate and the.House of Representa-
tives of the United States of America in Congress assembled,
That (a) Title 18, United States Code, is amended by adding
after Chapter 9 the following new Chapter:
"Chapter 10. -- BIOLOGICAL WEAPONS
"Sec.
"175. Definition..
"176. Biological weapons.
"?175. Definition
"As used in this chapter, 'biological weapon' means
"(a) Microbial or other biological agents, or toxins
whatever their origin or method of production, of types and
in quantities that have no justification for prophylactic,
protective or other peaceful purposes; or
"(b) any apparatus, equipment, device, or means of
delivery specifically designed to disseminate a microbial
or other biological agent or toxin as defined in subsection
(a) for hostile purposes or in armed.conflict.
Approved For Release 2005/08/24: CIA-RDP77M00144R000600130005-0
 Approved For Release 2005/08/24: CIA-RDP77M00144R000600130005-0
2
"?176. Biological weapons.
"(a) Whoever being a national of the United States, or
otherwise under or within the jurisdiction or control of
the United States, knowingly develops, produces, possesses,
stockpiles, transfers, acquires, or retains any biological
weapon, within or without the territory of the United States,
shall be fined not more than $100,000 or imprisoned for not
more than 15 years, or both.
"(b) The District Courts
of the United States, including
the Courts enumerated in Section 460 of Title 28, United States
Code, shall have jurisdiction in proceedings instituted by
the Attorney General to enjoin development, production,
possession, stockpiling, transfer, acquisition, or retention
of any biological weapon by any person under or within the
jurisdiction or control_of the United States.For the purpose
of this Section, American Samoa shall be included within the
judicial district of the District Court of the United States
for the District of Hawaii. and the Trust Territory of the
Pacific Islands shall be included within the judicial districts
of both the District Court of the United States for the
District of Hawaii an& the District Court of Guam.
"(c) Any biological weapon shall be subject to seizure
and forfeiture pursuant to the procedures set forth--in Section
511 of the Comprehensive Drug Abuse Prevention and Control
.Act of 1970 (84 Stat. 1276).
Approved For Release 2005/08/24: CIA-RDP77M00144R000600130005-0
 Approved For Release 2005/08/24: CIA-RDP77M00144R000600130005-0
- 3 -
"'(d) In case of a threat to use any biological weapon
within the territory or jurisdiction of the United States the
Attorney General may request appropriate assistance from any
Federal, State, or local agency, including the Army, Navy,
and Air Force, any statute, rule or regulation to the contrary,
notwithstanding."
(b) The analysis of Title 1.8, United States Code, is
amended by adding after the item for Chapter 9 the following
new item:
"10. Biological Weapons ---------------------------- 175".
Approved For Release 2005/08/24: CIA-RDP77M00144R000600130005-0
 Approved For Release 2005/08/24: CIA-RDP77M00144R000600130005-0
SECTIONAL ANALYSIS
The Bill would add to Title 18 of the United States Code a
new Chapter 10, "Biological Weapons," consisting of new Sections
175 and 176.
Proposed Section 175 defines "biological weapon" for the
purposes of this new Chapter. The definition includes (a) microbial
or other biological agents or toxins (whatever their origin or
method of production.) of types and in quantities that have no justi-
fication for prophylactic, protective or other peaceful purposes
-- all of which are dealt with in Clause (1) of Article I of the
Convention, and (b) means -for the dissemination of such agents or
toxins -- which are dealt with in Clause(2)of Article I of the
Convention. The first half of the definition adopts the language
of Clause (1) of Article I of the Convention. The second half
of the definition is identical in substance with Clause (2) of
Article I of the Convention, with the word "apparatus" substituted
for the word "weapons" since the latter is now the subject of the
entire Section 175, and the word "use" replaced by the word
"disseminate" to conform with the terminology of-section 1516 of
Title 50 of the United States Code. As a practical matter, the
latter two terms are identical, since any use of substances in this
context would entail their dissemination. Because the word
"designed" might be misconstrued to mean a device merely having
the capability to disseminate certain substances rather than
Approved For Release 2005/08/24: CIA-RDP77M00144R000600130005-0
 Approved For Re1ease"2005/08/24 :-CIA-RDP7.7MD0144R000600"1'0005-0
a device intended to disseminate such substances, the'
yh2 ~w:ie ",3pt`~ lficallx ~i~ 5:i ync d ~a V-111pioyed 111 the Bill.
The Bill does not'reach peaceful activities such
as development or production of biological'agents or toxins
for the protection of man, animals, plants, and the environment
from pests and diseases, or for-immunization, therapy, or
medical research. The Convention specifically exempts
.agents and toxins used for "prophylactic, protective or
other peaceful purposes . . . ." In explanation of those
provisions, the Secretary of State noted:
"The word 'prophylactic'refers to
activities related to the protection
of the human body from the effects
of organisms or substances to which
an individual might be directly
exposed-. It encompasses medical
activities such as diagnosis,
.therapy and immunization, and related,
research. The term 'protective'
applies to the development of such
equipment as decontamination systems,
protective masks and clothing, air
and water filtration systems, and
detection and warning devices._
Laboratory quantities of certain
agents and toxins might well be
required for research and testing in
these areas." Ex. Doc.-Q, 92nd Cong.,
2d Sess. at 3.
On the other hand, the Secretary added in his
summation that
It. . . the terms 'prophylactic' and
'protective' are not intended to
convey any broader meaning which
would in any way permit possession
of biological agents or toxins for
weapons purposes on the theory that
such weapons were for 'defensive'
war fare, retaliation or deterrence.
Id.
Approved For Release 2005/08/24: CIA-RDP77M00144R000600130005-0
 46
Approv d Fpr Release 2005/08/24 .l CIA-RDP77M00144R000600130005-0
Proposed Section 176(a) of Title 18 creates the crime of
knowingly developing, producing, possessing, stockpiling, trans-
ferring, acquiring or retaining biological weapons. The obligation
contained in Article IV of the Convention states that any necessary
implementing measures should be applicable "within the territory
of such State, under its jurisdiction or under its control any--
where." The jurisdictional provision of the proposed Section of
the Bill meets this obligation. The penalty provision parallels
Sections 2201 and 2301 of the proposed Federal Criminal Code..
Subsection (b) permits the Attorney General to institute
suits in the United States District Courts for an injunction
against developing, producing,-possessing, stockpiling, transferring,
acquiring, or retaining any biological weapon. The requirement
of a "knowing" violation contained in subsection (a) has been
deleted from subsection (b) to-permit the United States to seek
an injunction whether or not the defendant knew the character of
the substances in question.
Subsection (c) utilizes the seizure and forfeiture procedures
contained in the Comprehensive Drug Abuse Prevention and Control
Act of 1970 (Title 21, United States Code, Section 881), and is
identical in scope to subsection,(b).
Subsection (d) is a response to the recognition that if a
terrorist group threatens to use.a biological weapon, more than
the investigative focus of the Federal Bureau of Investigation will
be necessary, in terms of manpower and expertise, to meet and
neutralize the threat. Consequently, the Federal Bureau of Inves-
tigation may, through the Attorney General or his designated
Assistant, request assistance from other Federal, State, or local
agencies including the Army, Navy, or. Air Force. The provision
parallels similar provisions in Sections relating to attacks upon
members of Congress, the President, or Vice President (Title 1.8,
United States Code, Sections 3S1(g) and 1751(i)).
Approved For Release 2005/08/24: CIA-RDP77M00144R000600130005-0
 Apprave.d Far Release. 2005/08/24 j CIA-RDP77M00144R000600130005-0
Together, subsections (a)--(d) of Section 176 would implement
the requirement of Article IV of the Convention that the United
States, "in accordance with its constitutional procedures, take
any necessary measures to prohibit and prevent the development,
production, stockpiling, acquisition or retentions" of any biologi-
cal weapon within its territory, jurisdiction or control.
Approved For Release 2005/08/24: CIA-RDP77M00144R000600130005-0