Pub. L. 104-106, div. A, tit. I, subtit. E, sec. 152
DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL AGENTS AND MUNITIONS.
SEC. 152. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL AGENTS AND MUNITIONS. (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 munitioris 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 110 STAT. 215significantly 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 Reports, shall submit to the congressional defense committees 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 colocated 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 Reports, 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.