
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-107 Section 1048(i)(4)]
[Document affected by Public Law 106-398 Section 1[1087(d)(1)]]
[CITE: 50USC1521]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
           CHAPTER 32--CHEMICAL AND BIOLOGICAL WARFARE PROGRAM
 
Sec. 1521. Destruction of existing stockpile of lethal chemical 
        agents and munitions
        

(a) In general

    Notwithstanding any other provision of law, the Secretary of Defense 
(hereinafter in this section referred to as the ``Secretary'') shall, in 
accordance with the provisions of this section, carry out the 
destruction of the United States' stockpile of lethal chemical agents 
and munitions that exists on November 8, 1985.

(b) Date for completion

    (1) Except as provided by paragraphs (2) and (3), the destruction of 
such stockpile shall be completed by the stockpile elimination deadline.
    (2) If a treaty banning the possession of chemical agents and 
munitions is ratified by the United States, the date for completing the 
destruction of the United States' stockpile of such agents and munitions 
shall be the date established by such treaty.
    (3)(A) In the event of a declaration of war by the Congress or of a 
national emergency by the President or the Congress or if the Secretary 
of Defense determines that there has been a significant delay in the 
acquisition of an adequate number of binary chemical weapons to meet the 
requirements of the Armed Forces (as defined by the Joint Chiefs of 
Staff as of September 30, 1985), the Secretary may defer, beyond the 
stockpile elimination deadline, the destruction of not more than 10 
percent of the stockpile described in subsection (a)(1) of this section.
    (B) The Secretary shall transmit written notice to the Congress of 
any deferral made under subparagraph (A) 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.
    (4) If the Secretary determines at any time that there will be a 
delay in meeting the requirement in paragraph (1) for the completion of 
the destruction of chemical weapons by the stockpile elimination 
deadline, the Secretary shall immediately notify the Committee on Armed 
Services of the Senate and the Committee on Armed Services of the House 
of Representatives of that projected delay.
    (5) For purposes of this section, the term ``stockpile elimination 
deadline'' means December 31, 2004.

(c) Environmental protection and use of facilities

    (1) In carrying out the requirement of subsection (a) of this 
section, the Secretary shall provide for--
        (A) maximum protection for the environment, the general public, 
    and the personnel who are involved in the destruction of the lethal 
    chemical agents and munitions referred to in subsection (a) of this 
    section; and
        (B) adequate and safe facilities designed solely for the 
    destruction of lethal chemical agents and munitions.

    (2) Facilities constructed to carry out this section shall, when no 
longer needed for the purposes for which they were constructed, be 
disposed of in accordance with applicable laws and regulations and 
mutual agreements between the Secretary of the Army and the Governor of 
the State in which the facility is located.
    (3)(A) Facilities constructed to carry out this section may not be 
used for a purpose other than the destruction of the stockpile of lethal 
chemical agents and munitions that exists on November 8, 1985.
    (B) The prohibition in subparagraph (A) shall not apply with respect 
to items designated by the Secretary of Defense as lethal chemical 
agents, munitions, or related materials after November 8, 1985, if the 
State in which a destruction facility is located issues the appropriate 
permit or permits for the destruction of such items at the facility.
    (4) In order to carry out subparagraph (A) of paragraph (1), the 
Secretary may make grants to State and local governments (either 
directly or through the Federal Emergency Management Agency) to assist 
those governments in carrying out functions relating to emergency 
preparedness and response in connection with the disposal of the lethal 
chemical agents and munitions referred to in subsection (a) of this 
section. Funds available to the Department of Defense for the purpose of 
carrying out this section may be used for such grants. Additionally, the 
Secretary may provide funds through cooperative agreements with State 
and local governments for the purpose of assisting them in processing, 
approving, and overseeing 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.
    (5)(A) In coordination with the Secretary of the Army and in 
accordance with agreements between the Secretary of the Army and the 
Director of the Federal Emergency Management Agency, the Director shall 
carry out a program to provide assistance to State and local governments 
in developing capabilities to respond to emergencies involving risks to 
the public health or safety within their jurisdictions that are 
identified by the Secretary as being risks resulting from--
        (i) the storage of lethal chemical agents and munitions referred 
    to in subsection (a) of this section at military installations in 
    the continental United States; or
        (ii) the destruction of such agents and munitions at facilities 
    referred to in paragraph (1)(B).

    (B) No assistance may be provided under this paragraph after the 
completion of the destruction of the United States' stockpile of lethal 
chemical agents and munitions.
    (C) Not later than December 15 of each year, the Director shall 
transmit a report to Congress on the activities carried out under this 
paragraph during the fiscal year preceding the fiscal year in which the 
report is submitted.

(d) Plan

    (1) The Secretary shall develop a comprehensive plan to carry out 
this section.
    (2) In developing such plan, the Secretary shall consult with the 
Secretary of Health and Human Services and the Administrator of the 
Environmental Protection Agency.
    (3) The Secretary shall transmit a copy of such plan to the Congress 
not later than March 15, 1986.
    (4) Such plan shall provide--
        (A) an evaluation of the comparison of onsite destruction, 
    regional destruction centers, and a national destruction site both 
    inside and outside of the United States;
        (B) for technological advances in techniques used to destroy 
    chemical munitions;
        (C) for the maintenance of a permanent, written record of the 
    destruction of lethal chemical agents and munitions carried out 
    under this section; and
        (D) a description of--
            (i) the methods and facilities to be used in the destruction 
        of agents and munitions under this section;
            (ii) the schedule for carrying out this section; and
            (iii) the management organization established under 
        subsection (e) of this section.

(e) Management organization

    (1) In carrying out this section, the Secretary shall provide for 
the establishment, not later than May 1, 1986, of a management 
organization within the Department of the Army.
    (2) Such organization shall be responsible for management of the 
destruction of agents and munitions under this section.
    (3) The Secretary shall designate a general officer or civilian 
equivalent as the director of the management organization established 
under paragraph (1). Such officer shall have--
        (A) experience in the acquisition, storage, and destruction of 
    chemical agents and munitions;
        (B) training in chemical warfare defense operations; and
        (C) outstanding qualifications regarding safety in handling 
    chemical agents and munitions.

(f) Identification of funds

    (1) Funds for carrying out this section, including funds for 
military construction projects necessary to carry out this section, 
shall be set forth in the budget of the Department of Defense for any 
fiscal year as a separate account. Such funds shall not be included in 
the budget accounts for any military department.
    (2) Amounts appropriated to the Secretary for the purpose of 
carrying out subsection (c)(5) of this section shall be promptly made 
available to the Director of the Federal Emergency Management Agency.

(g) Periodic reports

    (1) Except as provided by paragraph (3), the Secretary shall 
transmit, by December 15 of each year, a report to the Congress on the 
activities carried out under this section during the fiscal year ending 
on September 30 of the calendar year in which the report is to be made.
    (2) Each annual report shall include the following:
        (A) A site-by-site description of the construction, equipment, 
    operation, and dismantling of facilities (during the fiscal year for 
    which the report is made) used to carry out the destruction of 
    agents and munitions under this section, including any accidents or 
    other unplanned occurrences associated with such construction and 
    operation.
        (B) A site-by-site description of actions taken to assist State 
    and local governments (either directly or through the Federal 
    Emergency Management Agency) in carrying out functions relating to 
    emergency preparedness and response in accordance with subsection 
    (c)(4) of this section.
        (C) An accounting of all funds expended (during such fiscal 
    year) for activities carried out under this section, with a separate 
    accounting for amounts expended for--
            (i) the construction of and equipment for facilities used 
        for the destruction of agents and munitions;
            (ii) the operation of such facilities;
            (iii) the dismantling or other closure of such facilities;
            (iv) research and development;
            (v) program management;
            (vi) travel and associated travel costs for Citizens' 
        Advisory Commissioners under section 172(g) of Public Law 102-
        484 (50 U.S.C. 1521 note); and
            (vii) grants to State and local governments to assist those 
        governments in carrying out functions relating to emergency 
        preparedness and response in accordance with subsection (c)(3) 
        \1\ of this section.
---------------------------------------------------------------------------
    \1\ See References in Text note below.

        (D) An assessment of the safety status and the integrity of the 
    stockpile of lethal chemical agents and munitions subject to this 
    section, including--
            (i) an estimate on how much longer that stockpile can 
        continue to be stored safely;
            (ii) a site-by-site assessment of the safety of those agents 
        and munitions; and
            (iii) a description of the steps taken (to the date of the 
        report) to monitor the safety status of the stockpile and to 
        mitigate any further deterioration of that status.

    (3) The Secretary shall transmit the final report under paragraph 
(1) not later than 120 days following the completion of activities under 
this section.

(h) Prohibition on acquiring certain lethal chemical agents and 
        munitions

    (1) Except as provided in paragraph (2), no agency of the Federal 
Government may, after November 8, 1985, develop or acquire lethal 
chemical agents or munitions other than binary chemical weapons.
    (2)(A) The Secretary of Defense may acquire any chemical agent or 
munition at any time for purposes of intelligence analysis.
    (B) Chemical agents and munitions may be acquired for research, 
development, test, and evaluation purposes at any time, but only in 
quantities needed for such purposes and not in production quantities.

(i) Reaffirmation of United States position on first use of chemical 
        agents and munitions

    It is the sense of Congress that the President should publicly 
reaffirm the position of the United States as set out in the Geneva 
Protocol of 1925, which the United States ratified with reservations in 
1975.

(j) Definitions

    For purposes of this section:
        (1) The term ``chemical agent and munition'' means an agent or 
    munition that, through its chemical properties, produces lethal or 
    other damaging effects on human beings, except that such term does 
    not include riot control agents, chemical herbicides, smoke and 
    other obscuration materials.
        (2) The term ``lethal chemical agent and munition'' means a 
    chemical agent or munition that is designed to cause death, through 
    its chemical properties, to human beings in field concentrations.
        (3) The term ``destruction'' means, with respect to chemical 
    munitions or agents--
            (A) the demolishment of such munitions or agents by 
        incineration or by any other means; or
            (B) the dismantling or other disposal of such munitions or 
        agents so as to make them useless for military purposes and 
        harmless to human beings under normal circumstances.

(k) Operational verification

    (1) Until the Secretary of the Army successfully completes (through 
the prove-out work to be conducted at Johnston Atoll) operational 
verification of the technology to be used for the destruction of live 
chemical agents and munitions under this section, the Secretary may not 
conduct any activity for equipment prove out and systems test before 
live chemical agents are introduced at a facility (other than the 
Johnston Atoll facility) at which the destruction of chemical agent \2\ 
and munitions weapons is to take place under this section. The 
limitation in the preceding sentence shall not apply with respect to the 
Chemical Agent Munition Disposal System in Tooele, Utah.
---------------------------------------------------------------------------
    \2\ So in original. Probably should be ``agents''.
---------------------------------------------------------------------------
    (2) Upon the successful completion of the prove out of the equipment 
and facility at Johnston Atoll, the Secretary of Defense shall submit to 
the Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives a report certifying that the 
prove out is completed.
    (3) If the Secretary determines at any time that there will be a 
delay in meeting the deadline of December 31, 1990, scheduled by the 
Department of Defense for completion of the operational verification at 
Johnston Atoll referred to in paragraph (1), the Secretary shall 
immediately notify the Committees of that projected delay.

(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.)

                       References in Text

    Subsection (c)(3) of this section, referred to in subsec. 
(g)(2)(C)(vii), was redesignated subsec. (c)(4) of this section by Pub. 
L. 106-65, div. A, title I, Sec. 141(b)(1)(B), Oct. 5, 1999, 113 Stat. 
538.

                          Codification

    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

    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.''


 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, 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(f) [set out as a note below]), 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.
    ``(f)[(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.''
