Executive Order 12502 -- Chemical Warfare Review Commission

January 28, 1985

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish, in accordance with the provisions of Section 1511 of the Department of Defense Authorization Act, 1985 (Public Law 98 - 525), and of the Federal Advisory Committee Act, as amended (5 U.S.C. App. I), a Chemical Warfare Review Commission, it is hereby ordered as follows:

Section 1. Establishment. (a) There is established the Chemical Warfare Review Commission. The Commission shall be composed of no more than nine members appointed or designated by the President. The membership shall be bipartisan.

(b) The President shall designate a Chairman from among the members of the Commission.

Sec. 2. Functions. (a) The Commission shall review the overall adequacy of the chemical warfare posture of the United States with particular emphasis on the question of whether the United States should produce binary chemical munitions. In conducting its review, the Commission shall take account of the considerations specified in Section 1511 of Public Law 98 - 525.

(b) The Commission shall make sequential reports to the President on its findings and recommendations, by February 15, 1985, as to the need to maintain a chemical retaliatory stockpile; by March 1, 1985, as to the adequacy of the current stockpile if one has been determined to be needed; and by March 15, 1985, as to whether the United States should produce binary chemical munitions or undertake other actions.

Sec. 3. Administration. (a) The heads of Executive agencies shall, to the extent permitted by law, provide the Commission such information as it may require for purposes of carrying out its functions.

(b) Members of the Commission shall serve without any additional compensation for their work on the Commission. However, members appointed from among private citizens may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the government service (5 U.S.C. 5701 - 5707), to the extent funds are available therefor.

(c) The Secretary of Defense shall provide the Commission with such administrative services, facilities, staff and other support services as may be necessary. Any expenses of the Commission shall be paid from such funds as may be available to the Secretary of Defense.

Sec. 4. General. (a) Notwithstanding any other Executive order, the functions of the President under the Federal Advisory Committee Act, as amended, except that of reporting to the Congress, which are applicable to the Commission, shall be performed by the Secretary of Defense, in accordance with guidelines and procedures established by the Administrator of General Services.

(b) The Commission shall terminate 30 days after submission of its report, or on September 30, 1985, whichever date is earlier.

Ronald Reagan

The White House,

January 28, 1985.

[Filed with the Office of the Federal Register, 4:21 p.m., January 28, 1985]