ALTERNATIVE TECHNOLOGIES FOR DESTRUCTION OF ASSEMBLED CHEMICAL WEAPONS.

SEC. 142. ALTERNATIVE TECHNOLOGIES FOR DESTRUCTION OF ASSEMBLED CHEMICAL WEAPONS. (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 and Technology. (b) Post-Demonstration Activities.— (1) The program manager for the Assembled Chemical Weapons Assessment may carryout 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 112 STAT. 1944 (B) the Under Secretary of Defense for Acquisition and Technology 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 and Technology 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 and Technology 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 112 STAT. 1945Destruction, 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)), 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, 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) 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).