[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3767 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3767

  To require the Secretary of Defense to carry out a pilot program to 
 identify and demonstrate feasible alternatives to demilitarization of 
  assembled chemical munitions under the baseline incinerator program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 1996

 Mr. Baesler introduced the following bill; which was referred to the 
                     Committee on National Security

_______________________________________________________________________

                                 A BILL


 
  To require the Secretary of Defense to carry out a pilot program to 
 identify and demonstrate feasible alternatives to demilitarization of 
  assembled chemical munitions under the baseline incinerator program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DEMILITARIZATION OF ASSEMBLED CHEMICAL MUNITIONS.

    (a) Pilot Program.--The Secretary of Defense shall conduct a pilot 
program to identify and demonstrate feasible alternatives to 
incineration for the demilitarization of assembled chemical munitions.
    (b) Program Requirements.--(1) The Secretary of Defense shall 
designate an executive agent to carry out the pilot program required to 
be conducted under subsection (a).
    (2) The executive agent shall--
            (A) be an officer or executive of the United States 
        Government;
            (B) be accountable to the Secretary of Defense; and
            (C) not be, or have been, in direct or immediate control of 
        the chemical weapon stockpile demilitarization program 
        established by 1412 of the Department of Defense Authorization 
        Act, 1986 (50 U.S.C. 1521) or the alternative disposal process 
        program carried out under sections 174 and 175 of the National 
        Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
        484; 50 U.S.C. 1521 note).
    (3) The executive agent may--
            (A) carry out the pilot program directly;
            (B) enter into a contract with a private entity to carry 
        out the pilot program; or
            (C) transfer funds to another department or agency of the 
        Federal Government in order to provide for that department or 
        agency to carry out the pilot program.
    (4) A department or agency that carries out the pilot program under 
paragraph (3)(C) may not, for purposes of the pilot program, contract 
with or competitively select the organization within the Army that 
exercises direct or immediate management control over either program 
referred to in paragraph (2)(C).
    (5) The pilot program shall terminate not later than September 30, 
2000.
    (c) Annual Report.--Not later than December 15 of each year in 
which the Secretary carries out the pilot program, the Secretary shall 
submit to Congress a report on the activities under the pilot program 
during the preceding fiscal year.
    (d) Evaluation and Report.--Not later than December 31, 2000, the 
Secretary of Defense shall--
            (1) evaluate each demilitarization alternative identified 
        and demonstrated under the pilot program to determine whether 
        that alternative--
                    (A) is as safe and cost efficient as incineration 
                for disposing of assembled chemical munitions; and
                    (B) meets the requirements of section 1412 of the 
                Department of Defense Authorization Act, 1986; and
            (2) submit to Congress a report containing the evaluation.
    (e) Limitation on Long Lead Contracting.--(1) Except as provided in 
paragraph (2), the Secretary may not enter into any contract for the 
purchase of long lead materials considered to be baseline incineration 
specific materials for the construction of an incinerator at any site 
in Kentucky, within one year of the date of enactment of this Act or, 
thereafter until the executive agent designated for the pilot program 
submits an application for such permits as are necessary under the law 
of the State of Kentucky for the construction at that site of a plant 
for demilitarization of assembled chemical munitions by means of an 
alternative to incineration.
    (2) The Secretary may enter into a contract described in paragraph 
(1) beginning 60 days after the date on which the Secretary submits to 
Congress--
            (A) the report required by subsection (d)(2); and
            (B) the certification of the executive agent that there 
        exists no alternative technology as safe and cost efficient as 
        incineration for demilitarizing chemical munitions at non-bulk 
        sites that can meet the requirements of section 1412 of the 
        Department of Defense Authorization Act, 1986.
    (f) Assembled Chemical Munition Defined.--For the purpose of this 
section, the term ``assembled chemical munition'' means an entire 
chemical munition, including component parts, chemical agent, 
propellant, and explosive.
    (g) Funding.--(1) Of the amount authorized to be appropriated for 
the chemical demilitarization program for fiscal year 1997, $60,000,000 
shall be available for the pilot program under this section. Such funds 
may not be derived from funds to be made available under the chemical 
demilitarization program for the alternative technologies research and 
development program at bulk sites.
    (2) Funds made available for the pilot program pursuant to 
paragraph (1) shall be made available to the executive agent for use 
for the pilot program.
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