H. R. 6523—281 
‘‘(B) the Speaker of the House of Representatives, the 
majority leader and the minority leader of the House of Rep-
resentatives, and the Committee on Armed Services and the 
Committee on Appropriations of the House of Representatives. 
‘‘(k) AUTHORIZED USE OF TOXIC CHEMICALS.—Consistent with 
United States obligations under the Chemical Weapons Convention, 
the Secretary of Defense may develop, produce, otherwise acquire, 
retain, transfer, and use toxic chemicals and their precursors for 
purposes not prohibited by the Chemical Weapons Convention if 
the types and quantities of such chemicals and precursors are 
consistent with such purposes, including for protective purposes 
such as protection against toxic chemicals and protection against 
chemical weapons. 
‘‘(l) SURVEILLANCE AND ASSESSMENT PROGRAM.—The Secretary 
of Defense shall conduct an ongoing comprehensive program of— 
‘‘(1) surveillance of the existing United States stockpile 
of chemical weapons; and 
‘‘(2) assessment of the condition of the stockpile. 
‘‘(m) CHEMICAL DEMILITARIZATION CITIZENS’ ADVISORY COMMIS-
SIONS.—(1)(A) The Secretary of the Army shall establish a citizens’ 
commission for each State in which there is a chemical demilitariza-
tion facility under Army management. 
‘‘(B) The Assistant Secretary of Defense for Nuclear, Chemical, 
and Biological Defense Programs shall establish a chemical demili-
tarization citizens’ commission in Colorado and in Kentucky. 
‘‘(C) Each commission under this subsection shall be known 
as the ‘Chemical Demilitarization Citizens’ Advisory Commission’ 
for the State concerned. 
‘‘(2)(A) The Secretary of the Army, or the Department of Defense 
with respect to Colorado and Kentucky, shall provide for a rep-
resentative to meet with each commission established under this 
subsection to receive citizen and State concerns regarding the 
ongoing program for the disposal of the lethal chemical agents 
and munitions in the stockpile referred to in subsection (a) at 
each of the sites with respect to which a commission is established 
pursuant to paragraph (1). 
‘‘(B) The Secretary of the Army shall provide for a representa-
tive from the Office of the Assistant Secretary of the Army (Acquisi-
tion, Logistics, and Technology) to meet with each commission under 
Army management. 
‘‘(C) The Department of Defense shall provide for a representa-
tive from the Office of the Assistant Secretary of Defense for 
Nuclear, Chemical, and Biological Defense Programs to meet with 
the commissions in Colorado and Kentucky. 
‘‘(3)(A) Each commission under this subsection shall be com-
posed of nine members appointed by the Governor of the State. 
Seven of such members shall be citizens from the local affected 
areas in the State. The other two shall be representatives of State 
government who have direct responsibilities related to the chemical 
demilitarization program. 
‘‘(B) For purposes of this paragraph, affected areas are those 
areas located within a 50-mile radius of a chemical weapons storage 
site. 
‘‘(4) For a period of five years after the termination of any 
commission under this subsection, no corporation, partnership, or 
other organization in which a member of that commission, a spouse 
of a member of that commission, or a natural or adopted child
H. R. 6523—282 
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.
H. R. 6523—283 
‘‘(ii) In the case of an incentive payment for the completion 
of facility closure activities within the target incentive range 
specified in such clause, $55,000,000. 
‘‘(C) An incentives clause in a contract under this section shall 
specify the target incentive ranges of costs for completion of destruc-
tion operations and facility closure activities, respectively, as jointly 
agreed upon by the contracting officer and the contractor concerned. 
An incentives clause shall require a proportionate reduction in 
the maximum incentive payment amounts in the event that the 
contractor exceeds an agreed-upon target cost if such excess costs 
are the responsibility of the contractor. 
‘‘(D) The amount of the incentive payment earned by a con-
tractor for a chemical demilitarization facility under an incentives 
clause under this subsection shall be based upon a determination 
by the Secretary on how early in the target incentive range specified 
in such clause destruction operations or facility closure activities, 
as the case may be, are completed. 
‘‘(E) The provisions of any incentives clause under this sub-
section shall be consistent with the obligation of the Secretary 
of Defense under subsection (d)(1)(A), to provide for maximum 
protection for the environment, the general public, and the per-
sonnel who are involved in the destruction of the lethal chemical 
agents and munitions. 
‘‘(F) In negotiating the inclusion of an incentives clause in 
a contract under this subsection, the Secretary may include in 
such clause such additional terms and conditions as the Secretary 
considers appropriate. 
‘‘(3)(A) No payment may be made under an incentives clause 
under this subsection unless the Secretary determines that the 
contractor concerned has satisfactorily performed its duties under 
such incentives clause. 
‘‘(B) An incentives clause under this subsection shall specify 
that the obligation of the Government to make payment under 
such incentives clause is subject to the availability of appropriations 
for that purpose. Amounts appropriated for Chemical Agents and 
Munitions Destruction, Defense, shall be available for payments 
under incentives clauses under this subsection. 
‘‘(o) DEFINITIONS.—In this section: 
‘‘(1) The term ‘chemical agent and munition’ means an 
agent or munition that, through its chemical properties, pro-
duces lethal or other damaging effects on human beings, except 
that such term does not include riot control agents, chemical 
herbicides, smoke and other obscuration materials. 
‘‘(2) The term ‘Chemical Weapons Convention’ means the 
Convention on the Prohibition of Development, Production, 
Stockpiling and Use of Chemical Weapons and on Their 
Destruction, with annexes, done at Paris, January 13, 1993, 
and entered into force April 29, 1997 (T. Doc. 103–21). 
‘‘(3) The term ‘lethal chemical agent and munition’ means 
a chemical agent or munition that is designed to cause death, 
through its chemical properties, to human beings in field con-
centrations. 
‘‘(4) The term ‘destruction’ means, with respect to chemical 
munitions or agents— 
‘‘(A) the demolishment of such munitions or agents 
by incineration or by any other means; or
H. R. 6523—284 
‘‘(B) the dismantling or other disposal of such muni-
tions or agents so as to make them useless for military 
purposes and harmless to human beings under normal 
circumstances.’’. 
(b) REPEAL OF LAWS RESTATED IN SECTION 1412 AND OBSOLETE 
PROVISIONS OF LAW.—The following provisions of law are repealed: 
(1) Section 125 of the National Defense Authorization Act 
for Fiscal Years 1988 and 1989 (Public Law 100–180; 101 
Stat. 1043; 50 U.S.C. 1521 note). 
(2) Sections 172, 174, 175, and 180 of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102–484; 
106 Stat. 2341; 50 U.S.C. 1521 note). 
(3) Section 152 of the National Defense Authorization Act 
for Fiscal Year 1996 (50 U.S.C. 1521 note). 
(4) Section 8065 of the Omnibus Consolidated Appropria-
tions Act, 1997 (50 U.S.C. 1521 note). 
(5) Section 142 of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (50 U.S.C. 1521 note). 
(6) Section 141 of the National Defense Authorization Act 
for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 537; 50 
U.S.C. 1521 note). 
(7) Section 8122 of the Department of Defense Appropria-
tions Act, 2003 (Public Law 107–248; 116 Stat. 1566; 50 U.S.C. 
1521 note). 
(8) Section 923 of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109–364; 
120 Stat. 2360; 50 U.S.C. 1521 note). 
(9) Section 8119 of the Department of Defense Appropria-
tions Act, 2008 (Public Law 110–116; 121 Stat. 1340; 50 U.S.C. 
1521 note). 
(10) Section 922(c) of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 283; 
50 U.S.C. 1521 note). 
Subtitle D—Other Matters 
SEC. 1431. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 
RETIREMENT HOME. 
There is hereby authorized to be appropriated for fiscal year 
2011 from the Armed Forces Retirement Home Trust Fund the 
sum of $71,200,000 for the operation of the Armed Forces Retire-
ment Home. 
SEC. 1432. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPART-
MENT OF DEFENSE–DEPARTMENT OF VETERANS AFFAIRS 
MEDICAL FACILITY DEMONSTRATION FUND FOR CAPTAIN 
JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS. 
(a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the funds author-
ized to be appropriated by section 1409 and available for the Defense 
Health Program for operation and maintenance, $132,000,000 may 
be transferred by the Secretary of Defense to the Joint Department 
of Defense–Department of Veterans Affairs Medical Facility Dem-
onstration Fund established by subsection (a)(1) of section 1704 
of the National Defense Authorization Act for Fiscal Year 2010 
(Public Law 111–84; 123 Stat. 2571). For purposes of subsection 
(a)(2) of such section 1704, any funds so transferred shall be treated