Page:United States Statutes at Large Volume 112 Part 3.djvu/114

 112 STAT. 1944 PUBLIC LAW 105-261—OCT. 17, 1998 (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 pilotscale 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

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