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Recommendations for the Disposal of Chemical Agents and Munitions (1994)

Chapter:Appendix A: Public Law 102-484--Oct. 23, 1992 (Extract)

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Suggested Citation:"Appendix A: Public Law 102-484--Oct. 23, 1992 (Extract)." National Research Council. 1994. Recommendations for the Disposal of Chemical Agents and Munitions. Washington, DC: The National Academies Press. doi: 10.17226/2348.
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A
Public Law 102-484—Oct. 23, 1992 (Extract)

Subtitle G—Chemical Demilitarization Program

SEC. 171 CHANGE IN CHEMICAL WEAPONS STOCKPILE ELIMINATION DEADLINE

Section 1412(b)(5) of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521 (b)(5), is amended by striking out ''July 31, 1999'' and inserting in lieu thereof "December 31, 2004".

SEC. 172 CHEMICAL DEMILITARIZATION CITIZENS ADVISORY COMMISSIONS

(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). 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 Sate.

(b) FUNCTIONS.—The Secretary of the Army shall provide for a representative from the Office of the Assistant Secretary of the Army (Installations, Logistics, and Environment) 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).

Suggested Citation:"Appendix A: Public Law 102-484--Oct. 23, 1992 (Extract)." National Research Council. 1994. Recommendations for the Disposal of Chemical Agents and Munitions. Washington, DC: The National Academies Press. doi: 10.17226/2348.
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(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—

(l) 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 (Installations, Logistics, and Environment) 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 or compensation for their involvement in their activities of the commission.

(h) TERMINATION OF COMMISSIONS.—Each commission shall be terminated after the stockpile located in that commission's State has been destroyed.

SEC. 173 EVALUATION OF ALTERNATIVE TECHNOLOGIES

(a) REPORT.—Not later than December 31, 1993, the Secretary of the Army shall submit to Congress a report on the potential alternatives to the use of the Army's baseline disassembly and incineration process for the disposal of lethal chemical agents and munitions. The report shall include the following:

(1) An analysis of the report of the Committee on Alternative Chemical Demilitarization Technologies of the National Research Council of the National Academy of Sciences.

Suggested Citation:"Appendix A: Public Law 102-484--Oct. 23, 1992 (Extract)." National Research Council. 1994. Recommendations for the Disposal of Chemical Agents and Munitions. Washington, DC: The National Academies Press. doi: 10.17226/2348.
×

(2) Any recommendations that the National Academy of Sciences makes to the Army regarding the report of that committee, together with the Secretary's evaluation of those recommendations.

(3) A comparison of the baseline disassembly and incineration process with each alternative technology evaluated in the report of such committee that the National Academy of Sciences recommends for use in the Army Chemical Stockpile Disposal Program, taking into consideration each of the following factors:

(A) Safety.

(B) Environmental protection.

(C) Cost effectiveness.

(4) For each alternative technology recommended by the National Academy of Sciences, the date by which the Army could reasonably be expected to systematize, construct, and test the technology, obtain all necessary environmental and other permits necessary for using that technology for the disposal of lethal chemical agents and munitions, and have the technology available for full-scale chemical weapons destruction and demilitarization operations.

(5) A description of alternatives to incineration that are being developed by Russia for use in its chemical demilitarization program and an assessment of the extent to which such alternatives could be used to destroy lethal chemical weapons in the United States inventory of such weapons.

(6) Consideration of appropriate concerns arising from meetings of the Chemical Demilitarization Citizens' Advisory Commissions established pursuant to section 172.

(7) In any case in which the criteria specified in section 174 are met, notification that the Secretary intends to implement an alternative technology disposal process at a low-volume site.

(b) LIMITATION.—(1) Except as provided in paragraphs (2) and (3), the Secretary of the Army may not commence site preparation for, or construction of, a facility for disassembly and incineration of chemical agents until the report required under subsection (a) is submitted to Congress.

(2) The limitation in paragraph (1) does not apply to any facility for disassembly and incineration of chemical agents (of the eight such facilities identified in the Army Chemical Stockpile Disposal Program) at which site preparation or construction has commenced before the date of the enactment of this Act.

(3) Except as provided in section 175, the limitation in paragraph (1) does not apply to the following:

(A) Facility design activities.

(B) The obtaining of environmental permits.

(C) Project planning.

(D) Procurement of equipment for installation in a facility.

Suggested Citation:"Appendix A: Public Law 102-484--Oct. 23, 1992 (Extract)." National Research Council. 1994. Recommendations for the Disposal of Chemical Agents and Munitions. Washington, DC: The National Academies Press. doi: 10.17226/2348.
×

(E) Dual purpose depot support construction projects which are needed to ensure the continuing safe storage of chemical weapons stocks and their ultimate disposal regardless of the technology employed.

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 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, shall 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.

Suggested Citation:"Appendix A: Public Law 102-484--Oct. 23, 1992 (Extract)." National Research Council. 1994. Recommendations for the Disposal of Chemical Agents and Munitions. Washington, DC: The National Academies Press. doi: 10.17226/2348.
×

(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 not later than 180 days after the date on which the Secretary submits the report required under section 173.

(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.

Suggested Citation:"Appendix A: Public Law 102-484--Oct. 23, 1992 (Extract)." National Research Council. 1994. Recommendations for the Disposal of Chemical Agents and Munitions. Washington, DC: The National Academies Press. doi: 10.17226/2348.
×
Page133
Suggested Citation:"Appendix A: Public Law 102-484--Oct. 23, 1992 (Extract)." National Research Council. 1994. Recommendations for the Disposal of Chemical Agents and Munitions. Washington, DC: The National Academies Press. doi: 10.17226/2348.
×
Page134
Suggested Citation:"Appendix A: Public Law 102-484--Oct. 23, 1992 (Extract)." National Research Council. 1994. Recommendations for the Disposal of Chemical Agents and Munitions. Washington, DC: The National Academies Press. doi: 10.17226/2348.
×
Page135
Suggested Citation:"Appendix A: Public Law 102-484--Oct. 23, 1992 (Extract)." National Research Council. 1994. Recommendations for the Disposal of Chemical Agents and Munitions. Washington, DC: The National Academies Press. doi: 10.17226/2348.
×
Page136
Suggested Citation:"Appendix A: Public Law 102-484--Oct. 23, 1992 (Extract)." National Research Council. 1994. Recommendations for the Disposal of Chemical Agents and Munitions. Washington, DC: The National Academies Press. doi: 10.17226/2348.
×
Page137
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The U.S. Army's chemical stockpile is aging and gradually deteriorating. Its elimination has public, political, and environmental ramifications. The U.S. Department of Defense has designated the Department of the Army as the executive agent responsible for the safe, timely, and effective elimination of the chemical stockpile. This book provides recommendations on the direction the Army should take in pursuing and completing its Chemical Stockpile Disposal Program.

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