To restate United States policy on the use of riot control agents by members of the Armed Forces, and for other purposes.

SA 2443. Mr. ENSIGN proposed an amendment to the bill S. 1042, to
authorize appropriations for fiscal year 2006 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for other
purposes; as follows:

On page 286, between lines 7 and 8, insert the following:

SEC. 1073. RIOT CONTROL AGENTS.

(a) Restatement of Policy.--It is the policy of the United
States that riot control agents are not chemical weapons and
that the president may authorize their use as legitimate,
legal, and non-lethal alternatives to the use of force that,
as provided in Executive Order 11850 (40 Fed. Reg. 16187) and
consistent with the resolution of ratification of the
Chemical Weapons convention, may be employed by members of
the Armed Forces in war in defensive military modes to save
lives, including the illustrative purposes cited in Executive
Order 11850.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress a report on the use of riot control agents by
members of the Armed Forces.
(2) Content.--The report required by paragraph (1) shall
include--
(A) a description of all regulations, doctrines, training
materials, and any other information related to the use of
riot control agents by members of the Armed Forces;
(B) a description of the doctrinal publications, training,
and other resources provided or available to members of the
Armed Forces on an annual basis with regard to the tactical
employment of riot control agents;
(C) a description of how the material described in
subparagraphs (A) and (B) is consistent with United States
policy on the use of riot control agents;
(D) a description of the availability of riot control
agents, and the means to employ them, to members of the Armed
Forces deployed in Iraq and Afghanistan;
(E) a description of the frequency of use of riot control
agents since January 1, 1992, and a summary of views held by
military commanders about the utility of the employing riot
control agents by members of the Armed Forces;
(F) a general description of steps taken or to be taken by
the Department of Defense to clarify the circumstances under
which riot control agents may be used by members of the Armed
Forces; and
(G) an assessment of the legality of Executive Order 11850,
including an explanation why Executive Order 11850 remains
valid under United States law.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Definitions.--In this section:
(1) Chemical weapons convention.--The term ``Chemical
Weapons Convention'' means the Convention on the Prohibitions
of Development, Production, Stockpiling and Use of Chemical
Weapons and on Their Destruction, with annexes, done at
Paris, January 13, 1993, and entered into force April 29,
1997 (T. Doc. 103-21).
(2) Resolution of ratification of the chemical weapons
convention.--The term ``resolution of ratification of the
Chemical Weapons Convention'' means S. Res. 75, 105th
Congress, agreed to April 24, 1997, advising and consenting
to the ratification of the Chemical Weapons Convention.
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