Page:United States Statutes at Large Volume 124.djvu/4444

 124 STAT. 4418 PUBLIC LAW 111–383—JAN. 7, 2011 of a member of that commission has an ownership interest may be awarded— ‘‘(A) a contract related to the disposal of lethal chemical agents or munitions in the stockpile referred to in subsection (a); or ‘‘(B) a subcontract under such a contract. ‘‘(5) The members of each commission under this subsection shall designate the chair of such commission from among the mem- bers of such commission. ‘‘(6) Each commission under this subsection shall meet with a representative from the Army, or the Office of the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs with respect to the commissions in Colorado and Ken- tucky, upon joint agreement between the chair of such commission and that representative. The two parties shall meet not less often than twice a year and may meet more often at their discretion. ‘‘(7) Members of each commission under this subsection shall receive no pay for their involvement in the activities of their commissions. Funds appropriated for the Chemical Stockpile Demilitarization Program may be used for travel and associated travel costs for commissioners of commissions under this subsection when such travel is conducted at the invitation of the Assistant Secretary of the Army (Acquisition, Logistics, and Technology) or the invitation of the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs for the commissions in Colorado and Kentucky. ‘‘(8) Each commission under this subsection shall be terminated after the closure activities required pursuant to regulations pre- scribed by the Administrator of the Environmental Protection Agency pursuant to the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) have been completed for the chemical agent destruction facility in such commission’s State, or upon the request of the Governor of such commission’s State, whichever occurs first. ‘‘(n) INCENTIVE CLAUSES IN CHEMICAL DEMILITARIZATION CON- TRACTS.—(1)(A) The Secretary of Defense may, for the purpose specified in paragraph (B), authorize the inclusion of an incentives clause in any contract for the destruction of the United States stockpile of lethal chemical agents and munitions carried out pursu- ant to subsection (a). ‘‘(B) The purpose of a clause referred to in subparagraph (A) is to provide the contractor for a chemical demilitarization facility an incentive to accelerate the safe elimination of the United States chemical weapons stockpile and to reduce the total cost of the Chemical Demilitarization Program by providing incentive pay- ments for the early completion of destruction operations and the closure of such facility. ‘‘(2)(A) An incentives clause under this subsection shall permit the contractor for the chemical demilitarization facility concerned the opportunity to earn incentive payments for the completion of destruction operations and facility closure activities within target incentive ranges specified in such clause. ‘‘(B) The maximum incentive payment under an incentives clause with respect to a chemical demilitarization facility may not exceed the following amounts: ‘‘(i) In the case of an incentive payment for the completion of destruction operations within the target incentive range specified in such clause, $110,000,000. Termination.