The subject of today’s hearing, the military use of Riot Control Agents, has a history going back to the Vietnam War era. Our military and the Defense Department were involved in the creation of President Ford’s Executive Order 11850 of April 8, 1975, which established U.S. policy on the military use of Riot Control Agents in War.

That policy, which remains in full effect today – as required by law – bans the "first use of riot control agents in war, except in defensive military modes to save lives." According to that policy, all use of riot control agents in war "is prohibited unless such use has Presidential approval, in advance."

Likewise, the military and the Defense Department were deeply involved in the U.S. negotiations on the Chemical Weapons Convention, and in the process leading to Senate consideration and approval of the Resolution of Ratification of that treaty.

The Chemical Weapons Convention bans the use of Riot Control Agents "as a method of warfare," which was accepted by the Executive Branch, the Joint Chiefs of Staff, the Department of Defense, and the Senate, with a condition that clarifies several circumstances in which the U.S. military could use Riot Control Agents in peacetime and peacekeeping military operations, and not as a method of warfare.

It is important to note that this U.S. policy and the Chemical Weapons Convention obligations are in our national security interests because they help our military forces avoid being attacked with chemical warfare agents and riot control agents. Nobody appreciates that more than our military.

Last year, Congress enacted Section 1232 of the Fiscal Year 2006 National Defense Authorization Act, which was originally sponsored by Senator Ensign. That provision restates the longstanding U.S. policy on the military use of Riot Control Agents, and requires a report by the President on six issues related to military use of riot control agents.

We understand that the Administration is nearly finished preparing that report, and today’s hearing will offer us a chance to learn the status of the Administration’s efforts. We look forward to hearing from the witnesses.