Pub. L. 106-65, div. A, tit. I, subtit. E, sec. 141
DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL AGENTS AND MUNITIONS.
SEC. 141. DESTRUCTION OF EXISTING STOCKPILE OF LETHAL CHEMICAL AGENTS AND MUNITIONS. (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.—Section 1412 of the Department of Defense Authorization Act, 1986 (Public Law 99–145; 50 U.S.C. 1521) is amended— (1) in subsection (c)—113 STAT. 538 (A) by striking paragraph (2) and inserting the following new paragraph: “(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.”; (B) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (C) by inserting after paragraph (2) (as amended by subparagraph (A)) the following new paragraph: “(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.”; (2) in subsection (f)(2), by striking “(c)(4)” and inserting “(c)(5)”; and (3) in subsection (g)(2)(B), by striking “(c)(3)” and inserting “(c)(4)”. (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, 1997.113 STAT. 539