Notes on 50 U.S.C. § 1521 : US Code - Notes

Search Notes on 50 U.S.C. § 1521 : US Code - Notes

(Pub. L. 99-145, title XIV, Sec. 1412, Nov. 8, 1985, 99 Stat. 747;
Pub. L. 100-456, div. A, title I, Sec. 118, Sept. 29, 1988, 102
Stat. 1934; Pub. L. 101-510, div. A, title I, Secs. 171, 172, Nov.
5, 1990, 104 Stat. 1507; Pub. L. 102-190, div. A, title I, Sec.
151, Dec. 5, 1991, 105 Stat. 1313; Pub. L. 102-484, div. A, title
I, Secs. 171, 179, Oct. 23, 1992, 106 Stat. 2341, 2347; Pub. L. 103-
160, div. A, title I, Sec. 107(c), Nov. 30, 1993, 107 Stat. 1564;
Pub. L. 103-337, div. A, title I, Sec. 142, Oct. 5, 1994, 108 Stat.
2689; Pub. L. 104-106, div. A, title I, Sec. 153(b), (c), title XV,
Sec. 1502(c)(6), Feb. 10, 1996, 110 Stat. 216, 508; Pub. L. 104-
201, div. A, title X, Sec. 1074(d)(2), Sept. 23, 1996, 110 Stat.
2661; Pub. L. 105-85, div. A, title X, Sec. 1041(d), Nov. 18, 1997,
111 Stat. 1885; Pub. L. 105-261, div. A, title I, Sec. 141, Oct.
17, 1998, 112 Stat. 1942; Pub. L. 106-65, div. A, title I, Sec.
141(b), title X, Sec. 1067(11), Oct. 5, 1999, 113 Stat. 537, 775;
Pub. L. 107-107, div. A, title X, Sec. 1048(i)(4), Dec. 28, 2001,
115 Stat. 1229; Pub. L. 108-375, div. A, title IX, Sec. 931, Oct.
28, 2004, 118 Stat. 2031; Pub. L. 109-163, div. A, title IX, Sec.
921(a), Jan. 6, 2006, 119 Stat. 3410.)
CODIFICATION
Pub. L. 109-163, Sec. 921, which directed amendment of subsec.
(c)(4) of this section effective Dec. 5, 1991, and applicable with
respect to any cooperative agreement entered into on or after that
date, was executed to subsec. (c)(4) of this section as in effect
on the date of enactment of Pub. L. 109-163, to reflect the
probable intent of Congress. This section did not contain a subsec.
(c)(4) on Dec. 5, 1991. See 2006 Amendment note and Effective Date
of 2006 Amendment note below.
Section was enacted as part of the Department of Defense
Authorization Act, 1986, and not as part of Pub. L. 91-121, title
IV, Sec. 409, Nov. 19, 1969, 83 Stat. 209, which comprises this
chapter.
AMENDMENTS
2006 - Subsec. (c)(4). Pub. L. 109-163 designated first two
sentences as subpar. (A) and inserted "and to tribal organizations"
after "to State and local governments" and "and tribal
organizations" after "assist those governments", designated third
and fourth sentences as subpar. (B) and inserted ", and with tribal
organizations," after "with State and local governments", and added
subpar. (C). See Codification note above.
2004 - Subsec. (d). Pub. L. 108-375 amended heading and text of
subsec. (d) generally. Prior to amendment, text required the
Secretary of Defense to develop and submit to Congress by Mar. 15,
1986, a comprehensive plan to carry out this section.
2001 - Subsec. (g)(2)(C)(vii). Pub. L. 107-107 substituted
"(c)(4)" for "(c)(3)".
1999 - Subsec. (b)(4). Pub. L. 106-65, Sec. 1067(11), substituted
"and the Committee on Armed Services" for "and the Committee on
National Security".
Subsec. (c)(2). Pub. L. 106-65, Sec. 141(b)(1)(A), added par. (2)
and struck out former par. (2) which read as follows: "Facilities
constructed to carry out this section may not be used for any
purpose other than the destruction of lethal chemical weapons and
munitions, and when no longer needed to carry out this section,
such facilities shall be cleaned, dismantled, and disposed of in
accordance with applicable laws and regulations."
Subsec. (c)(3) to (5). Pub. L. 106-65, Sec. 141(b)(1)(B), (C),
added par. (3) and redesignated former pars. (3) and (4) as (4) and
(5), respectively.
Subsec. (f)(2). Pub. L. 106-65, Sec. 141(b)(2), substituted
"(c)(5)" for "(c)(4)".
Subsec. (g)(2)(B). Pub. L. 106-65, Sec. 141(b)(3), substituted
"(c)(4)" for "(c)(3)".
Subsec. (k)(2). Pub. L. 106-65, Sec. 1067(11), substituted "and
the Committee on Armed Services" for "and the Committee on National
Security".
1998 - Subsec. (c)(4). Pub. L. 105-261, Sec. 141(a), added par.
(4).
Subsec. (f). Pub. L. 105-261, Sec. 141(b), designated existing
provisions as par. (1) and added par. (2).
Subsec. (g)(2)(B). Pub. L. 105-261, Sec. 141(c)(3), added subpar.
(B). Former subpar. (B) redesignated (C).
Subsec. (g)(2)(B)(vii). Pub. L. 105-261, Sec. 141(c)(1), added
cl. (vii).
Subsec. (g)(2)(C), (D). Pub. L. 105-261, Sec. 141(c)(2),
redesignated subpars. (B) and (C) as (C) and (D), respectively.
1997 - Subsec. (g)(3), (4). Pub. L. 105-85 struck out "No
quarterly report is required under paragraph (3) after the
transmittal of the final report under paragraph (1)." at end of
par. (4), redesignated par. (4) as (3), and struck out former par.
(3) which read as follows: "The Secretary shall transmit to the
Committee on Armed Services and the Committee on Appropriations of
the Senate and the Committee on National Security and the Committee
on Appropriations of the House of Representatives a quarterly
report containing an accounting of all funds expended (during the
quarter covered by the report) for travel and associated travel
costs for Citizens' Advisory Commissioners under section 172(g) of
Public Law 102-484 (50 U.S.C. 1521 note). The quarterly report for
the final quarter of the period covered by a report under paragraph
(1) may be included in that report."
1996 - Subsec. (b)(4). Pub. L. 104-106, Sec. 1502(c)(6),
substituted "Committee on Armed Services of the Senate and the
Committee on National Security of the House of Representatives" for
"Committees on Armed Services of the Senate and House of
Representatives".
Subsec. (e)(3). Pub. L. 104-106, Sec. 153(c), inserted "or
civilian equivalent" after "general officer" in introductory
provisions.
Subsec. (g). Pub. L. 104-106, Sec. 153(b)(1), substituted
"Periodic reports" for "Annual report" in heading.
Subsec. (g)(2). Pub. L. 104-201, Sec. 1074(d)(2)(A), substituted
"shall include the following:" for "shall contain - " in
introductory provisions.
Pub. L. 104-106, Sec. 153(b)(2)(A), substituted "Each annual
report shall contain - " for "Each such report shall contain - " in
introductory provisions.
Subsec. (g)(2)(A). Pub. L. 104-201, Sec. 1074(d)(2)(B),
substituted "A site-by-site" for "a site-by-site" and "and
operation." for "and operation;".
Subsec. (g)(2)(B). Pub. L. 104-201, Sec. 1074(d)(2)(C),
substituted "An accounting" for "an accounting" in introductory
provisions.
Subsec. (g)(2)(B)(iv). Pub. L. 104-106, Sec. 153(b)(2)(B)(i),
struck out "and" after "development;".
Subsec. (g)(2)(B)(v). Pub. L. 104-106, Sec. 153(b)(2)(B)(ii),
which directed substitution of "; and" for period at end of cl.
(v), could not be executed because cl. (v) ended with "; and" and
not with a period.
Subsec. (g)(2)(B)(vi). Pub. L. 104-106, Sec. 153(b)(2)(B)(iii),
added cl. (vi).
Subsec. (g)(2)(C). Pub. L. 104-201, Sec. 1074(d)(2)(C),
substituted "An assessment" for "an assessment" in introductory
provisions.
Subsec. (g)(3). Pub. L. 104-106, Sec. 153(b)(4), added par. (3).
Former par. (3) redesignated (4).
Subsec. (g)(4). Pub. L. 104-106, Sec. 153(b)(5), substituted
"paragraph (1) not later" for "this subsection not later" and
inserted at end "No quarterly report is required under paragraph
(3) after the transmittal of the final report under paragraph (1)."
Pub. L. 104-106, Sec. 153(b)(3), redesignated par. (3) as (4).
Subsec. (k)(2). Pub. L. 104-106, Sec. 1502(c)(6), substituted
"Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives" for "Committees
on Armed Services of the Senate and House of Representatives".
1994 - Subsec. (f). Pub. L. 103-337 inserted ", including funds
for military construction projects necessary to carry out this
section," after "carrying out this section" and struck out at end
"Funds for military construction projects necessary to carry out
this section may be set out in the annual military construction
budget separately from other funds for such project."
1993 - Subsec. (c)(3). Pub. L. 103-160 substituted "processing,
approving, and overseeing" for "processing and approving".
1992 - Subsec. (a). Pub. L. 102-484, Sec. 179(1), struck out par.
(1) designation before "Notwithstanding" and struck out par. (2)
which read as follows: "Such destruction shall be carried out in
conjunction with the acquisition of binary chemical weapons for use
by the Armed Forces."
Subsec. (b)(5). Pub. L. 102-484, Sec. 171, substituted "December
31, 2004" for "July 31, 1999".
Subsec. (c)(1). Pub. L. 102-484, Sec. 179(2), substituted
"subsection (a)" for "subsection (a)(1)" in introductory
provisions.
Subsec. (g)(1). Pub. L. 102-484, Sec. 179(3)(A), substituted
"paragraph (3)" for "paragraph (4)".
Subsec. (g)(2). Pub. L. 102-484, Sec. 179(3)(B), (C),
redesignated par. (3) as (2), substituted "such report" for "report
other than the first one" in introductory provisions, and struck
out former par. (2) which read as follows: "The first such report
shall be transmitted by December 15, 1985, and shall contain -
"(A) an accounting of the United States' stockpile of lethal
chemical agents and munitions on November 8, 1985; and
"(B) a schedule of the activities planned to be carried out
under this section during fiscal year 1986."
Subsec. (g)(3), (4). Pub. L. 102-484, Sec. 179(3)(D),
redesignated par. (4) as (3). Former par. (3) redesignated (2).
1991 - Subsec. (b)(5). Pub. L. 102-190, Sec. 151(a), substituted
"July 31, 1999" for "April 30, 1997".
Subsec. (c)(3). Pub. L. 102-190, Sec. 151(b), inserted at end
"Additionally, the Secretary may provide funds through cooperative
agreements with State and local governments for the purpose of
assisting them in processing and approving permits and licenses
necessary for the construction and operation of facilities to carry
out this section. The Secretary shall ensure that funds provided
through such a cooperative agreement are used only for the purpose
set forth in the preceding sentence."
1990 - Subsec. (a)(1). Pub. L. 101-510, Sec. 171(b), substituted
"November 8, 1985" for "the date of the enactment of this Act".
Subsec. (c)(3). Pub. L. 101-510, Sec. 172, added par. (3).
Subsec. (g)(3)(C). Pub. L. 101-510, Sec. 171(a), added subpar.
(C).
Subsec. (h)(1). Pub. L. 101-510, Sec. 171(b), substituted
"November 8, 1985" for "the date of the enactment of this Act".
1988 - Subsec. (b)(1), (3)(A). Pub. L. 100-456, Sec. 118(a)(1),
substituted "the stockpile elimination deadline" for "September 30,
1994".
Subsec. (b)(3)(B). Pub. L. 100-456, Sec. 118(a)(2), substituted
"not later than the earlier of (A) 30 days after the date on which
the decision to defer is made, or (B) 30 days before the stockpile
elimination deadline" for "within 30 days after the date on which
the determination to defer is made or by August 31, 1994, whichever
is earlier".
Subsec. (b)(4), (5). Pub. L. 100-456, Sec. 118(a)(3), added pars.
(4) and (5).
Subsec. (k). Pub. L. 100-456, Sec. 118(b), amended subsec. (k)
generally. Prior to amendment, subsec. (k) read as follows: "The
provisions of this section shall take effect on October 1, 1985."
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109-163, div. A, title IX, Sec. 921(b), Jan. 6, 2006, 119
Stat. 3410, provided that: "The amendments made by subsection (a)
[amending this section] -
"(1) take effect as of December 5, 1991; and
"(2) apply with respect to any cooperative agreement entered
into on or after that date."
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the Federal Emergency Management Agency, including the functions of
the Director of the Federal Emergency Management Agency relating
thereto, to the Secretary of Homeland Security, and for treatment
of related references, see sections 313(1), 551(d), 552(d), and 557
of Title 6, Domestic Security, and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
MANAGEMENT OF CHEMICAL DEMILITARIZATION ACTIVITIES AT BLUEGRASS
ARMY DEPOT, KENTUCKY AND PUEBLO ARMY DEPOT, COLORADO
Pub. L. 107-248, title VIII, Sec. 8122, Oct. 23, 2002, 116 Stat.
1566, provided that:
"(a) Management of Chemical Demilitarization Activities at
Bluegrass Army Depot, Kentucky. - If a technology other than the
baseline incineration program is selected for the destruction of
lethal chemical munitions pursuant to section 142 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 50 U.S.C. 1521 note), the program manager for
the Assembled Chemical Weapons Assessment shall be responsible for
management of the construction, operation, and closure, and any
contracting relating thereto, of chemical demilitarization
activities at Bluegrass Army Depot, Kentucky, including management
of the pilot-scale facility phase of the alternative technology.
"(b) Management of Chemical Demilitarization Activities at Pueblo
Depot, Colorado. - The program manager for the Assembled Chemical
Weapons Assessment shall be responsible for management of the
construction, operation, and closure, and any contracting relating
thereto, of chemical demilitarization activities at Pueblo Army
Depot, Colorado, including management of the pilot-scale facility
phase of the alternative technology selected for the destruction of
lethal chemical munitions."
ALTERNATIVE TECHNOLOGIES FOR DESTRUCTION OF ASSEMBLED CHEMICAL
WEAPONS
Pub. L. 105-261, div. A, title I, Sec. 142, Oct. 17, 1998, 112
Stat. 1943, as amended by Pub. L. 106-65, div. A, title IX, Sec.
911(a)(1), Oct. 5, 1999, 113 Stat. 717; Pub. L. 106-398, Sec. 1
[[div. A], title X, Sec. 1087(d)(1)], Oct. 30, 2000, 114 Stat.
1654, 1654A-292, provided that:
"(a) Program Management. - The program manager for the Assembled
Chemical Weapons Assessment shall continue to manage the
development and testing (including demonstration and pilot-scale
testing) of technologies for the destruction of lethal chemical
munitions that are potential or demonstrated alternatives to the
baseline incineration program. In performing such management, the
program manager shall act independently of the program manager for
Chemical Demilitarization and shall report to the Under Secretary
of Defense for Acquisition, Technology, and Logistics.
"(b) Post-Demonstration Activities. - (1) The program manager for
the Assembled Chemical Weapons Assessment may carry out those
activities necessary to ensure that an alternative technology for
the destruction of lethal chemical munitions can be implemented
immediately after -
"(A) the technology has been demonstrated to be successful; and
"(B) the Under Secretary of Defense for Acquisition,
Technology, and Logistics has submitted a report on the
demonstration to Congress that includes a decision to proceed
with the pilot-scale facility phase for an alternative
technology.
"(2) To prepare for the immediate implementation of any such
technology, the program manager may, during fiscal years 1998 and
1999, take the following actions:
"(A) Establish program requirements.
"(B) Prepare procurement documentation.
"(C) Develop environmental documentation.
"(D) Identify and prepare to meet public outreach and public
participation requirements.
"(E) Prepare to award a contract for the design, construction,
and operation of a pilot facility for the technology to the
provider team for the technology not later than December 30,
1999.
"(c) Independent Evaluation. - The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall provide for an
independent evaluation of the cost and schedule of the Assembled
Chemical Weapons Assessment, which shall be performed and submitted
to the Under Secretary not later than September 30, 1999. The
evaluation shall be performed by a nongovernmental organization
qualified to make such an evaluation.
"(d) Pilot Facilities Contracts. - (1) The Under Secretary of
Defense for Acquisition, Technology, and Logistics shall determine
whether to proceed with pilot-scale testing of a technology
referred to in paragraph (2) in time to award a contract for the
design, construction, and operation of a pilot facility for the
technology to the provider team for the technology not later than
December 30, 1999. If the Under Secretary determines to proceed
with such testing, the Under Secretary shall (exercising the
acquisition authority of the Secretary of Defense) so award a
contract not later than such date.
"(2) Paragraph (1) applies to an alternative technology for the
destruction of lethal chemical munitions, other than incineration,
that the Under Secretary -
"(A) certifies in writing to Congress is -
"(i) as safe and cost effective for disposing of assembled
chemical munitions as is incineration of such munitions; and
"(ii) is capable of completing the destruction of such
munitions on or before the later of the date by which the
destruction of the munitions would be completed if incineration
were used or the deadline date for completing the destruction
of the munitions under the Chemical Weapons Convention; and
"(B) determines as satisfying the Federal and State
environmental and safety laws that are applicable to the use of
the technology and to the design, construction, and operation of
a pilot facility for use of the technology.
"(3) The Under Secretary shall consult with the National Research
Council in making determinations and certifications for the purpose
of paragraph (2).
"(4) In this subsection, the term 'Chemical Weapons Convention'
means the Convention on the Prohibition of Development, Production,
Stockpiling and Use of Chemical Weapons and on their Destruction,
opened for signature on January 13, 1993, together with related
annexes and associated documents.
"(e) Plan for Pilot Program. - If the Secretary of Defense
proceeds with a pilot program under section 152(f) of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106;
110 Stat. 214; 50 U.S.C. 1521 note), the Secretary shall prepare a
plan for the pilot program and shall submit to Congress a report on
such plan (including information on the cost of, and schedule for,
implementing the pilot program).
"(f) Funding. - (1) Of the amount authorized to be appropriated
under section 107 [112 Stat. 1937], funds shall be available for
the program manager for the Assembled Chemical Weapons Assessment
for the following:
"(A) Demonstrations of alternative technologies under the
Assembled Chemical Weapons Assessment.
"(B) Planning and preparation to proceed from demonstration of
an alternative technology immediately into the development of a
pilot-scale facility for the technology, including planning and
preparation for -
"(i) continued development of the technology leading to
deployment of the technology for use;
"(ii) satisfaction of requirements for environmental permits;
"(iii) demonstration, testing, and evaluation;
"(iv) initiation of actions to design a pilot plant;
"(v) provision of support at the field office or depot level
for deployment of the technology for use; and
"(vi) educational outreach to the public to engender support
for the deployment.
"(C) The independent evaluation of cost and schedule required
under subsection (c).
"(2) Funds authorized to be appropriated under section 107(1) are
authorized to be used for awarding contracts in accordance with
subsection (d) and for taking any other action authorized in this
section.
"(g) Assembled Chemical Weapons Assessment Defined. - In this
section, the term 'Assembled Chemical Weapons Assessment' means the
pilot program carried out under section 8065 of the Department of
Defense Appropriations Act, 1997 (section 101(b) of Public Law 104-
208; 110 Stat. 3009-101; 50 U.S.C. 1521 note)."
PILOT PROGRAM FOR DEMILITARIZATION OF ASSEMBLED CHEMICAL MUNITIONS
Pub. L. 104-208, div. A, title I, Sec. 101(b) [title VIII, Sec.
8065], Sept. 30, 1996, 110 Stat. 3009-71, 3009-101, as amended by
Pub. L. 106-65, div. A, title IX, Sec. 911(a)(1), Oct. 5, 1999, 113
Stat. 717, provided that: "Notwithstanding section 142 of H.R.
3230, the National Defense Authorization Act for Fiscal Year 1997,
as passed by the Senate on September 10, 1996 [section 142 of Pub.
L. 104-201, which amended section 152 of Pub. L. 104-106, set out
below], of the funds provided in title VI of this Act [Pub. L. 104-
208, div. A, title I, Sec. 101(b) [title VI], Sept. 30, 1996, 110
Stat. 3009-71, 3009-85], under the heading 'Chemical Agents and
Munitions Destruction, Defense', $40,000,000 shall only be
available for the conduct of a pilot program to identify and
demonstrate not less than two alternatives to the baseline
incineration process for the demilitarization of assembled chemical
munitions: Provided, That the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall, not later than
December 1, 1996, designate a program manager who is not, nor has
been, in direct or immediate control of the baseline reverse
assembly incineration demilitarization program to carry out the
pilot program: Provided further, That the Under Secretary of
Defense for Acquisition, Technology, and Logistics shall evaluate
the effectiveness of each alternative chemical munitions
demilitarization technology identified and demonstrated under the
pilot program to demilitarize munitions and assembled chemical
munitions while meeting all applicable Federal and State
environmental and safety requirements: Provided further, That the
Under Secretary of Defense for Acquisition, Technology, and
Logistics shall transmit, by December 15 of each year, a report to
the congressional defense committees on the activities carried out
under the pilot program during the preceding fiscal year in which
the report is to be made: Provided further, That section 142(f)(3)
of H.R. 3230, the National Defense Authorization Act for Fiscal
Year 1997, as passed by the Senate on September 10, 1996 [probably
means section 152(f)(3) of Pub. L. 104-106, set out below], is
repealed: Provided further, That no funds may be obligated for the
construction of a baseline incineration facility at the Lexington
Blue Grass Army Depot or the Pueblo Depot activity until 180 days
after the Secretary of Defense has submitted to the congressional
defense committees a report detailing the effectiveness of each
alternative chemical munitions demilitarization technology
identified and demonstrated under the pilot program and its ability
to meet the applicable safety and environmental requirements:
Provided further, That none of the funds in this or any other Act
may be obligated for the preparation of studies, assessments, or
planning of the removal and transportation of stockpile assembled
unitary chemical weapons or neutralized chemical agent to any of
the eight chemical weapons storage sites within the continental
United States."
DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL AGENTS AND
MUNITIONS
Pub. L. 106-65, div. A, title I, Sec. 141, Oct. 5, 1999, 113
Stat. 537, provided that:
"(a) Program Assessment. - (1) The Secretary of Defense shall
conduct an assessment of the current program for destruction of the
United States' stockpile of chemical agents and munitions,
including the Assembled Chemical Weapons Assessment, for the
purpose of reducing significantly the cost of such program and
ensuring completion of such program in accordance with the
obligations of the United States under the Chemical Weapons
Convention while maintaining maximum protection of the general
public, the personnel involved in the demilitarization program, and
the environment.
"(2) Based on the results of the assessment conducted under
paragraph (1), the Secretary may take those actions identified in
the assessment that may be accomplished under existing law to
achieve the purposes of such assessment and the chemical agents and
munitions stockpile destruction program.
"(3) Not later than March 1, 2000, the Secretary shall submit to
Congress a report on -
"(A) those actions taken, or planned to be taken, under
paragraph (2); and
"(B) any recommendations for additional legislation that may be
required to achieve the purposes of the assessment conducted
under paragraph (1) and of the chemical agents and munitions
stockpile destruction program.
"(b) Changes and Clarifications Regarding Program. - [Amended
this section.]
"(c) Comptroller General Assessment and Report. - (1) Not later
than March 1, 2000, the Comptroller General of the United States
shall review and assess the program for destruction of the United
States stockpile of chemical agents and munitions and report the
results of the assessment to the congressional defense committees.
"(2) The assessment conducted under paragraph (1) shall include a
review of the program execution and financial management of each of
the elements of the program, including -
"(A) the chemical stockpile disposal project;
"(B) the nonstockpile chemical materiel project;
"(C) the alternative technologies and approaches project;
"(D) the chemical stockpile emergency preparedness program; and
"(E) the assembled chemical weapons assessment program.
"(d) Definitions. - As used in this section:
"(1) The term 'Assembled Chemical Weapons Assessment' means the
pilot program carried out under section 8065 of the Department of
Defense Appropriations Act, 1997 (section 101(b) of Public Law
104-208; 110 Stat. 3009-101; 50 U.S.C. 1521 note).
"(2) The term 'Chemical Weapons Convention' means the
Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on Their Destruction,
ratified by the United States on April 25, 1997, and entered into
force on April 29, 1997."
Section 152 of Pub. L. 104-106, as amended by Pub. L. 104-201,
div. A, title I, Sec. 142, Sept. 23, 1996, 110 Stat. 2448; Pub. L.
104-208, div. A, title I, Sec. 101(b) [title VIII, Sec. 8065],
Sept. 30, 1996, 110 Stat. 3009-71, 3009-102, provided that:
"(a) In General. - The Secretary of Defense shall proceed with
the program for destruction of the chemical munitions stockpile of
the Department of Defense while maintaining the maximum protection
of the environment, the general public, and the personnel involved
in the actual destruction of the munitions. In carrying out such
program, the Secretary shall use technologies and procedures that
will minimize the risk to the public at each site.
"(b) Initiation of Demilitarization Operations. - The Secretary
of Defense may not initiate destruction of the chemical munitions
stockpile stored at a site until the following support measures are
in place:
"(1) Support measures that are required by Department of
Defense and Army chemical surety and security program
regulations.
"(2) Support measures that are required by the general and site
chemical munitions demilitarization plans specific to that
installation.
"(3) Support measures that are required by the permits required
by the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) and the
Clean Air Act (42 U.S.C. 7401 et seq.) for chemical munitions
demilitarization operations at that installation, as approved by
the appropriate State regulatory agencies.
"(c) Assessment of Alternatives. - (1) The Secretary of Defense
shall conduct an assessment of the current chemical
demilitarization program and of measures that could be taken to
reduce significantly the total cost of the program, while ensuring
maximum protection of the general public, the personnel involved in
the demilitarization program, and the environment. The measures
considered shall be limited to those that would minimize the risk
to the public. The assessment shall be conducted without regard to
any limitation that would otherwise apply to the conduct of such an
assessment under any provision of law.
"(2) The assessment shall be conducted in coordination with the
National Research Council.
"(3) Based on the results of the assessment, the Secretary shall
develop appropriate recommendations for revision of the chemical
demilitarization program.
"(4) Not later than March 1, 1996, the Secretary of Defense shall
submit to the congressional defense committees [Committees on Armed
Services and on Appropriations of the Senate and House of
Representatives] an interim report assessing the current status of
the chemical stockpile demilitarization program, including the
results of the Army's analysis of the physical and chemical
integrity of the stockpile and implications for the chemical
demilitarization program, and providing recommendations for
revisions to that program that have been included in the budget
request of the Department of Defense for fiscal year 1997. The
Secretary shall submit to the congressional defense committees with
the submission of the budget request of the Department of Defense
for fiscal year 1998 a final report on the assessment conducted in
accordance with paragraph (1) and recommendations for revision to
the program, including an assessment of alternative
demilitarization technologies and processes to the baseline
incineration process and potential reconfiguration of the stockpile
that should be incorporated in the program.
"(d) Assistance for Chemical Weapons Stockpile Communities
Affected by Base Closure. - (1) The Secretary of Defense shall
review and evaluate issues associated with closure and
reutilization of Department of Defense facilities co-located with
continuing chemical stockpile and chemical demilitarization
operations.
"(2) The review shall include the following:
"(A) An analysis of the economic impacts on these communities
and the unique reuse problems facing local communities associated
with ongoing chemical weapons programs.
"(B) Recommendations of the Secretary on methods for
expeditious and cost-effective transfer or lease of these
facilities to local communities for reuse by those communities.
"(3) The Secretary shall submit to the congressional defense
committees a report on the review and evaluation under this
subsection. The report shall be submitted not later than 90 days
after the date of the enactment of this Act [Feb. 10, 1996].
"(e) Assessment of Alternative Technologies for Demilitarization
of Assembled Chemical Munitions. - (1) In addition to the
assessment required by subsection (c), the Secretary of Defense
shall conduct an assessment of the chemical demilitarization
program for destruction of assembled chemical munitions and of the
alternative demilitarization technologies and processes (other than
incineration) that could be used for the destruction of the lethal
chemical agents that are associated with these munitions, while
ensuring maximum protection for the general public, the personnel
involved in the demilitarization program, and the environment. The
measures considered shall be limited to those that would minimize
the risk to the public and reduce the total cost of the chemical
agents and munitions destruction program. The assessment shall be
conducted without regard to any limitation that would otherwise
apply to the conduct of such assessment under any provision of law.
"(2) The assessment shall be conducted in coordination with the
National Research Council.
"(3) Among the alternatives, the assessment shall include a
determination of the cost of incineration of the current chemical
munitions stockpile by building incinerators at each existing
facility compared to the proposed cost of dismantling those same
munitions, neutralizing them at each storage site (other than
Tooele Army Depot or Johnston Atoll), and transporting the
neutralized remains and all munitions parts to a treatment,
storage, and disposal facility within the United States that has
the necessary environmental permits to undertake incineration of
the material.
"(4) Based on the results of the assessment, the Secretary shall
develop appropriate recommendations for revision of the chemical
demilitarization program.
"(5) Not later than December 31, 1997, the Secretary of Defense
shall submit to Congress a report on the assessment conducted in
accordance with paragraph (1) and any recommendations for revision
of the chemical demilitarization program, including the continued
development of alternative demilitarization technologies and
processes other than incineration that could be used for the
destruction of the lethal chemical agents that are associated with
these assembled chemical munitions and the chemical munitions
demilitarization sites for which the selected technologies should
be developed.
"(f) Pilot Program for Demilitarization of Chemical Agents for
Assembled Munitions. - (1) If the Secretary of Defense makes a
decision to continue the development of an alternative
demilitarization technology or process (other than incineration)
that could be used for the destruction of the lethal chemical
agents that are associated with assembled chemical munitions,
$25,000,000 shall be available from the funds authorized to be
appropriated in section 107 of the National Defense Authorization
Act for Fiscal Year 1997 [Pub. L. 104-201, 110 Stat. 2440] for the
chemical agents and munitions destruction program, in order to
initiate a pilot program using the selected alternative technology
or process for the destruction of chemical agents that are stored
at these sites.
"(2) Not less than 30 days before using funds to initiate the
pilot program under paragraph (1), the Secretary shall submit
notice in writing to Congress of the Secretary's intent to do so.
"[(3) Repealed. Pub. L. 104-208, div. A, title I, Sec. 101(b)
[title VIII, Sec. 8065], Sept. 30, 1996, 110 Stat. 3009-71, 3009-
102.]"
CHEMICAL DEMILITARIZATION CITIZENS ADVISORY COMMISSIONS
Section 172 of Pub. L. 102-484, as amended by Pub. L. 104-106,
div. A, title I, Sec. 153(a), Feb. 10, 1996, 110 Stat. 215; Pub. L.
104-201, div. A, title X, Sec. 1073(d), Sept. 23, 1996, 110 Stat.
2658, provided that:
"(a) Establishment. - (1) The Secretary of the Army shall
establish a citizens' commission for each State in which there is a
low-volume site (as defined in section 180 [set out below]). Each
such commission shall be known as the 'Chemical Demilitarization
Citizens' Advisory Commission' for that State.
"(2) The Secretary shall also establish a Chemical
Demilitarization Citizens' Advisory Commission for any State in
which there is located a chemical weapons storage site other than a
low-volume site, if the establishment of such a commission for such
State is requested by the Governor of that State.
"(b) Functions. - The Secretary of the Army shall provide for a
representative from the Office of the Assistant Secretary of the
Army (Research, Development and Acquisition) to meet with each
commission under this section to receive citizen and State concerns
regarding the ongoing program of the Army for the disposal of the
lethal chemical agents and munitions in the stockpile referred to
in section 1412(a)(1) of the Department of Defense Authorization
Act, 1986 (50 U.S.C. 1521(a)(1)) at each of the sites with respect
to which a commission is established pursuant to subsection (a).
"(c) Membership. - (1) Each commission established for a State
pursuant to subsection (a) shall be composed of nine members
appointed by the Governor of the State. Seven of such members shall
be citizens from the local affected areas in the State; the other
two shall be representatives of State government who have direct
responsibilities related to the chemical demilitarization program.
"(2) For purposes of paragraph (1), affected areas are those
areas located within a 50-mile radius of a chemical weapons storage
site.
"(d) Conflicts of Interest. - For a period of five years after
the termination of any commission, no corporation, partnership, or
other organization in which a member of that commission, a spouse
of a member of that commission, or a natural or adopted child of a
member of that commission has an ownership interest may be awarded -

"(1) a contract related to the disposal of lethal chemical
agents or munitions in the stockpile referred to in section
1412(a)(1) of the Department of Defense Authorization Act, 1986
(50 U.S.C. 1521(a)(1)); or
"(2) a subcontract under such a contract.
"(e) Chairman. - The members of each commission shall designate
the chairman of the commission from among the members of the
commission.
"(f) Meetings. - Each commission shall meet with a representative
from the Office of the Assistant Secretary of the Army (Research,
Development and Acquisition) upon joint agreement between the
chairman of the commission and that representative. The two parties
shall meet not less often than twice a year and may meet more often
at their discretion.
"(g) Pay and Expenses. - Members of each commission shall receive
no pay for their involvement in the activities of their
commissions. Funds appropriated for the Chemical Stockpile
Demilitarization Program may be used for travel and associated
travel costs for Citizens' Advisory Commissioners, when such travel
is conducted at the invitation of the Assistant Secretary of the
Army (Research, Development, and Acquisition).
"(h) Termination of Commissions. - Each commission shall be
terminated after the stockpile located in that commission's State
has been destroyed."
ALTERNATIVE DISPOSAL PROCESS FOR LOW-VOLUME SITES; REVISED DISPOSAL
CONCEPT PLAN
Sections 174 and 175 of Pub. L. 102-484, as amended by Pub. L.
103-160, div. A, title I, Sec. 155(b), Nov. 30, 1993, 107 Stat.
1579, provided that:
"SEC. 174. ALTERNATIVE DISPOSAL PROCESS FOR LOW-VOLUME SITES.
"(a) Requirement for Alternative Process. - If the date by which
chemical weapons destruction and demilitarization operations can be
completed at a low-volume site using an alternative technology
process evaluated by the Secretary of the Army falls within the
deadline established by the amendment made by section 171 [amending
this section] and the Secretary determines that the use of that
alternative technology process for the destruction of chemical
weapons at that site is significantly safer and equally or more
cost-effective than the use of the baseline disassembly and
incineration process, then the Secretary of the Army, as part of
the requirement of section 1412(a) of Public Law 99-145 [subsec.
(a) of this section], shall carry out the disposal of chemical
weapons at that site using such alternative technology process. In
addition, the Secretary may carry out the disposal of chemical
weapons at sites other than low-volume sites using an alternative
technology process (rather than the baseline process) after
notifying Congress of the Secretary's intent to do so.
"(b) Applicability of Certain Provisions of Section 1412. -
Subsections (c), (e), (f), and (g) of section 1412 of Public Law 99-
145 (50 U.S.C. 1521) shall apply to this section and to activities
under this section in the same manner as if this section were part
of that section 1412.
"SEC. 175. REVISED CHEMICAL WEAPONS DISPOSAL CONCEPT PLAN.
"(a) Revised Plan. - If, pursuant to section 174, the Secretary
of the Army is required to implement an alternative technology
process for destruction of chemical weapons at any low-volume site,
the Secretary shall submit to Congress a revised chemical weapons
disposal concept plan incorporating the alternative technology
process and reflecting the revised stockpile disposal schedule
developed under section 1412(b) of Public Law 99-145 (50 U.S.C.
1521(b)), as amended by section 171. In developing the revised
concept plan, the Secretary should consider, to the maximum extent
practicable, revisions to the program and program schedule that
capitalize on the changes to the chemical demilitarization schedule
resulting from the revised stockpile elimination deadline by
reducing cost and decreasing program risk.
"(b) Matters To Be Included. - The revised concept plan should
include -
"(1) life-cycle cost estimates and schedules; and
"(2) a description of the facilities and operating procedures
to be employed using the alternative technology process.
"(c) Applicability of Certain Provisions of Section 1412. -
Subsection (c) of section 1412 of Public Law 99-145 (50 U.S.C.
1521) shall apply to the revised concept plan in the same manner as
if this section were part of that section 1412.
"(d) Submission of Revised Plan. - If the Secretary is required
to submit a revised concept plan under this section, the Secretary
shall submit the revised concept plan during the 120-day period
beginning at the end of the 60-day period following the submission
of the report of the Secretary required under section 173 [106
Stat. 2342].
"(e) Limitation. - If the Secretary is required to submit a
revised concept plan under this section, no funds may be obligated
for procurement of equipment or for facilities planning and design
activities (other than for those preliminary planning and design
activities required to comply with subsection(b)(2)) for a chemical
weapons disposal facility at any low-volume site at which the
Secretary intends to implement an alternative technology process
until the Secretary submits the revised concept plan."
SENSE OF CONGRESS CONCERNING INTERNATIONAL CONSULTATION AND
EXCHANGE PROGRAM
Section 178 of Pub. L. 102-484 provided that: "It is the sense of
Congress that the Secretary of Defense, in consultation with the
Secretary of State, should establish, with other nations that are
anticipated to be signatories to an international agreement or
treaty banning chemical weapons, a program under which consultation
and exchange concerning chemical weapons disposal technology could
be enhanced. Such a program shall be used to facilitate the
exchange of technical information and advice concerning the
disposal of chemical weapons among signatory nations and to further
the development of safer, more cost-effective methods for the
disposal of chemical weapons."
"LOW-VOLUME SITE" DEFINED
Section 180 of Pub. L. 102-484 provided that: "For purposes of
this subtitle [subtitle G (Secs. 171-180) of title I of div. A of
Pub. L. 102-484, amending this section and enacting provisions set
out as notes above], the term 'low-volume site' means one of the
three chemical weapons storage sites in the United States at which
there is stored 5 percent or less of the total United States
stockpile of unitary chemical weapons."
REVISION OF CHEMICAL DEMILITARIZATION PROGRAM
Pub. L. 100-180, div. A, title I, Sec. 125, Dec. 4, 1987, 101
Stat. 1043, provided that:
"(a) Definition. - For purposes of this section, the term
'chemical stockpile demilitarization program' means the program
established by section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521), to provide for the
destruction of the United States' stockpile of lethal chemical
agents and munitions.
"(b) Environmental Impact Statement. - The Secretary of Defense
shall issue the final Programmatic Environmental Impact Statement
on the chemical stockpile demilitarization program by January 1,
1988. The Environmental Impact Statement shall be prepared in
accordance with all applicable laws.
"(c) Disposal Technologies. - (1) Funds appropriated pursuant to
this Act [see Tables for classification] or otherwise made
available for fiscal year 1988 for the chemical stockpile
demilitarization program may not be obligated for procurement or
for an Army military construction project at a military
installation or facility inside the continental United States until
the Secretary of Defense certifies to Congress in writing that the
concept plan under the program includes the following:
"(A) Evaluation of alternate technologies for disposal of the
existing stockpile and selection of the technology or
technologies to be used for such purpose.
"(B) Full-scale operational verification of the technology or
technologies selected for such disposal.
"(C) Maximum protection for public health and the environment.
"(2) The limitation in paragraph (1) shall not apply with respect
to the obligation of funds for the technology evaluation or
development program.
"(d) Alternative Concept Plan. - The Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and House
of Representatives an alternative concept plan for the chemical
stockpile demilitarization program. The alternative concept plan
shall -
"(1) incorporate the requirements of subsections (b) and (c);
and
"(2) specify any revised schedule or revised funding
requirement necessary to enable the Secretary to meet the
requirements of subsections (b) and (c).
The alternative concept plan shall be submitted by March 15, 1988.
"(e) Surveillance and Assessment Program. - The Secretary of
Defense shall conduct an ongoing comprehensive program of -
"(1) surveillance of the existing United States stockpile of
chemical weapons; and
"(2) assessment of the condition of the stockpile."
(!1) So in original. Probably should be "agents".